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vide services to individuals unable to utilize the integrated
career center systems, or to otherwise ensure the efficient
and equitable provision in the State of services under this
title, including the provision of services for individuals in
rural areas.
‘‘(c) CERTAIN DEFINITIONS.—For purposes of this
Act, the terms ‘State administrative agent’, ‘local
workforce development area’, ‘local workforce development
board’, and ‘integrated career center’ have the meanings
given such terms in sections 105 through 108, respec-
tively, of the Consolidated and Reformed Education, Em-
ployment, and Rehabilitation Systems Act.
‘‘SEC. 103. RESPONSIBILITIES OF STATE ADMINISTRATIVE
AGENT.
‘‘(a) STATE ADMINISTRATIVE AGENT.—In carrying
out the requirements of the Consolidated and Reformed
Education, Employment, and Rehabilitation Systems Act,
a Governor may designate—
‘‘(1) one State administrative agent to be re-
sponsible for carrying out this title for individuals
who are blind; and
‘‘(2) a different State administrative agent to
carry out the remaining responsibilities in this title.
195
‘‘(b) RESPONSIBILITIES.—For purposes of section
101(a) and the operation in a State of the program under
this title:
‘‘(1) This subsection, and the subsequent provi-
sions of this section, will be carried out by State ad-
ministrative agents designated by the Governor in
accordance with subsection (a), through the collabo-
rative process established under section 103 of the
Consolidated and Reformed Education, Employment,
and Rehabilitation Systems Act.
‘‘(2)(A) The State will provide to the public an
explanation of the methods by which the State will
provide vocational rehabilitation services (as defined
in section 104(b))—
‘‘(i) to all eligible individuals (as defined in
section 105(d)); and
‘‘(ii) within all local workforce delivery
areas in the State.
‘‘(B) In the event that such services cannot be
provided to all eligible individuals who apply for the
services, the State will show and provide the jus-
tification for the order to be followed in selecting in-
dividuals to whom the services will be provided.
‘‘(C) The order of selection under subparagraph
(B) will be determined on the basis of serving first
196
those individuals with the most severe disabilities, in
accordance with criteria established by the State.
‘‘(3) The State will establish guidelines provid-
ing that, in the case of an individual to whom the
State will provide a service (in accordance with the
order of selection under paragraph (2) and the as-
sessment of needs under section 104(c)(1)), the indi-
vidual will have the option of receiving the service
from a provider designated by the center or from a
provider selected by the individual pursuant to ca-
reer grants under subsection (c).
‘‘(4) Pursuant to section 109 of the Consoli-
dated and Reformed Education, Employment, and
Rehabilitation Systems Act, the State will make sig-
nificant efforts to encourage the participation in the
State program of community-based private provid-
ers, with special consideration given to providers
who have received funds under this Act regarding
projects with industry or supported employment
services, or under the Act commonly known as the
Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.) for
employment and training services.
‘‘(5) The State will establish provisions to gov-
ern determinations under section 105 (relating to
the eligibility of individuals).
197
‘‘(6) The State will establish standards to gov-
ern the conduct under section 104(c)(1) of assess-
ments of need, including the development of a meth-
odology that will be applied in a reasonably uniform
manner to all individuals for whom such assessments
are conducted, and that (subject to the order of se-
lection under paragraph (2)) will be designed to pre-
vent substantial disparities, among individuals with
comparable circumstances, in the monetary value of
the services to be provided pursuant to the assess-
ments.
‘‘(7)(A) The State will establish procedures
through which an individual may request and obtain
an impartial review, utilizing an impartial hearing
officer, of whether standards for determinations of
eligibility for services, assessments of vocational re-
habilitation needs, and development of individualized
rehabilitation and employment plans under this title
were correctly applied to the individual by the inte-
grated career center system involved.
‘‘(B) The State will designate a number of days
(applied uniformly to all individuals) within which
review under subparagraph (A) will be conducted
once a request for such review is made by an indi-
vidual, subject to subparagraph (C).
198
‘‘(C)(i) The State will provide that there may
be an informal hearing, mediation, or alternatives to
such review, if agreed upon by the individual and the
integrated career center system involved.
‘‘(ii) The State will provide that if, in a process
utilized under clause (i) by an individual, there is
not a final disposition of the matter involved, review
under subparagraph (A) will remain available to the
individual.
‘‘(8) The State will ensure that vocational reha-
bilitation services under this title, and related core
services, are provided by personnel who are qualified
to provide the services involved. For purposes of the
preceding sentence, the term ‘core services’ has the
meaning indicated for such term under title I of the
Consolidated and Reformed Education, Employment,
and Rehabilitation Systems Act.
‘‘(9) The State will establish plans, policies, and
procedures to be followed in carrying out the pro-
gram under this title in the State (including enter-
ing into a formal interagency cooperative agreement
with education officials responsible for the provision
of a free appropriate public education to students
who are individuals with disabilities). The State will
199
ensure that such plans, policies, and procedures are
designed in accordance with the following:
‘‘(A)(i) To facilitate the development and
accomplishment of the goals and objectives de-
scribed in clause (ii) (including the specification
of plans for coordination with the educational
agencies in the provision of transition services),
to the extent that the goals and objectives are
included in an individualized education program
of a student.
‘‘(ii) The goals and objectives referred to
in clause (i) are long-term rehabilitation goals;
intermediate rehabilitation objectives; and goals
and objectives related to enabling a student to
live independently before the student leaves a
school setting.
‘‘(B) To facilitate the transition from the
provision of a free appropriate public education
under the responsibility of an educational agen-
cy to the provision of vocational rehabilitation
services under this title, including the specifica-
tion of plans for coordination with educational
agencies in the provision of transition services
to an individual.
‘‘(C) To provide for—
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‘‘(13) The State will provide technical assist-
ance to local boards, integrated career center sys-
tems, and providers relating to the effective provi-
sion of vocational rehabilitation services under this
title, including the effective development of individ-
ualized rehabilitation and employment plans, and
will ensure that such technical assistance is provided
through appropriate means.
‘‘(c) AVAILABILITY OF CAREER GRANTS SYSTEM RE-
GARDING SERVICES.—For purposes of section 101(a) and
the operation in a State of the program under this title:
‘‘(1) The State will provide for the establish-
ment of a system to carry out this subsection.
‘‘(2) In the case of an eligible individual who
(in accordance with the order of selection under sub-
section (b)(2) and the assessment of needs under
section 105(b)(2)(A)) will receive vocational rehabili-
tation services under this title, the integrated career
center involved will, upon request of the individual,
provide to the individual career grants in accordance
with this subsection.
‘‘(3) Career grants under this subsection will
enable such individual to obtain the vocational reha-
bilitation services involved from providers selected by
the individual from among a list of providers ap-
202
proved by the State for such purpose in accordance
with section 109 of the Consolidated and Reformed
Education, Employment, and Rehabilitation Systems
Act.
‘‘(4) The monetary value of a career grant pro-
vided to the individual for a particular type of serv-
ice will be calculated at a fair market value.
‘‘(5) To the extent practicable, the list of pro-
viders under paragraph (3) will provide for the avail-
ability within each local workforce development area
of a broad range of services.
‘‘(6) The aggregate value of the career grants
available to the individual will be established in pro-
portion to the degree of the individual’s need for re-
habilitation (as determined under section 104(c)(1)).
Such value regarding the individuals may be ad-
justed to address emerging needs that arise during
the course of the individual’s rehabilitation and em-
ployment program.
‘‘(d) STATE OPTIONS.—With respect to compliance
with this section, a State may, in the discretion of the
State, expend a grant under section 101 for the following:
‘‘(1) To disseminate findings from research re-
garding vocational rehabilitation services, after con-
sideration of requests from local workforce develop-
203
ment boards and integrated career center systems
regarding the types of information needed by such
boards and centers.
‘‘(2) To conduct demonstration projects regard-
ing improvements with respect to vocational rehabili-
tation services, subject to providing the results of
such projects to the Commissioner and as appro-
priate disseminating the results within the State.
‘‘SEC. 104. RESPONSIBILITIES FOR LOCAL BOARDS AND
SERVICE CENTERS.
‘‘(a) PROVISION OF VOCATIONAL REHABILITATION
SERVICES.—For purposes of section 101(a) and the oper-
ation in a State of the program under this title:
‘‘(1) This section will be carried out by the inte-
grated career center system in the State, with each
such center acting under the guidance of the local
workforce development board for the local workforce
area within which the integrated career center sys-
tem operates. Such centers will provide services
under this section directly or through contract.
‘‘(2) In accordance with the order of selection
under section 103(b)(2), an integrated career center
system will, in expending amounts provided to the
center from a grant under section 101, carry out the
following:
204
‘‘(A) Make determinations under section
105 of the eligibility of individuals for voca-
tional rehabilitation services (as defined in sub-
section (b)).
‘‘(B) Provide for vocational rehabilitation
services for eligible individuals.
‘‘(C) In the case of individuals with severe
disabilities, conduct outreach and intake activi-
ties for such individuals who are not able to di-
rectly access the integrated career center sys-
tem because of the nature of their disabilities.
‘‘(3) An integrated career center system will, in
expending amounts provided to the center from a
grant under section 101, make vocational rehabilita-
tion services available at a variety of locations and,
as appropriate for particular populations, in a vari-
ety of environments.
‘‘(b) DEFINITION.—For purposes of this title, the
term ‘vocational rehabilitation services’ means such goods
or services for eligible individuals as are—
‘‘(1) necessary to render the individuals employ-
able and achieve an employment outcome; and
‘‘(2) provided in response to needs that arise, to
a significant extent, from the disability involved and
do not duplicate, to any significant extent, the core
205
services available under title I of the Consolidated
and Reformed Education, Employment, and Reha-
bilitation Systems Act.
‘‘(c) CERTAIN SERVICES.—For purposes of section
101(a), the vocational rehabilitation services available
through integrated career center systems will include the
following:
‘‘(1) An assessment of the needs of eligible indi-
viduals for such services.
‘‘(2) Development, in accordance with section
105(b)(2), of an individualized rehabilitation and
employment plan for the purpose of identifying em-
ployment goals, appropriate intermediate rehabilita-
tion objectives, and an appropriate combination of
goods and services for the individual to achieve the
employment goals.
‘‘(3) Counseling, guidance, and work-related
placement services for individuals with disabilities,
including job search assistance, placement assist-
ance, job retention services, personal assistance serv-
ices, and follow-up, follow-along, and specific
postemployment services necessary to assist such in-
dividuals to maintain, regain, or advance in employ-
ment.
206
‘‘(4) Vocational and other training services for
individuals with disabilities, including personal and
vocational adjustment, books, or other training ma-
terials, and such services to the families of such in-
dividuals as are necessary to the adjustment or reha-
bilitation of such individuals.
‘‘(5) Rehabilitation technology services.
‘‘(6) Supported employment services.
‘‘(7) Physical and mental restoration services.
‘‘(8) Interpreter services for individuals who are
deaf, and reader services for individuals who are
blind.
‘‘(9) Rehabilitation teaching services and ori-
entation and mobility services for individuals who
are blind.
‘‘(10) Referral and other services designed to
assist individuals with disabilities in securing needed
services from other agencies through agreements de-
veloped under section 103(b)(10), if such services
are not available under this Act.
‘‘(11) Transportation in connection with the
rendering of any vocational rehabilitation service.
‘‘(12) Telecommunications, sensory, and other
technological aids and devices.
207
‘‘(13) On-the-job, or other related personal-as-
sistance services, provided while eligible individuals
are receiving other vocational rehabilitation services
under this title.
‘‘(d) CERTAIN ARRANGEMENTS.—For purposes of
section 101(a), an integrated career center system will,
with respect to the provision of vocational rehabilitation
services to individuals with the most severe disabilities,
provide for necessary arrangements with community-based
providers, including arrangements regarding supported
employment services and extended services, periodic re-
views of individuals placed in extended employment, and
services to promote movement from extended employment
to integrated employment.
‘‘(e) OPTIONAL PROVISION OF OTHER SERVICES.—
For purposes of this title, an integrated career center sys-
tem may provide such vocational rehabilitation services in
addition to the services specified in subsection (c) as the
center determines to be appropriate.
‘‘(f) ALLOCATION FOR CORE SERVICES.—For pur-
poses of section 101(a):
‘‘(1) With respect to a fiscal year, a local
workforce development board receiving amounts
from a grant under section 101 will reserve an
amount for the provision of core services under title
208
I of the Consolidated and Reformed Education, Em-
ployment, and Rehabilitation Systems Act.
‘‘(2) The amount so reserved will be based on
the number of eligible individuals with disabilities in
the local workforce development area and the costs
of training employees of the integrated career center
system to provide high-quality services to individuals
with disabilities.
‘‘(g) PERFORMANCE PAYMENTS REGARDING CAREER
GRANTS.—For purposes of section 101(a):
‘‘(1) The local workforce development board in-
volved will ensure that, in providing for the payment
of services provided pursuant to career grants, a
portion of the total payment is withheld from the
provider until the delivery of the services involved is
completed in reasonable accordance with the out-
come designated for the service pursuant to a prior
understanding with the provider.
‘‘(2) In the case of education, training, and
placement services that are designed to lead to an
employment outcome, a portion of the total payment
will be withheld from the provider until—
‘‘(A) the participant has successfully com-
pleted the training; and
209
‘‘(B) the participant has been employed,
and has retained employment for a period of
not less than 90 days.
‘‘(h) PAYOR OF LAST RESORT REGARDING MEDICAL
SERVICES
AND EDUCATIONAL ASSISTANCE.—For pur-
poses of section 101(a), a State will not expend a grant
under section 101 to pay for training services in institu-
tions of higher education, or to pay for medical services,
unless significant efforts have been made to secure pay-
ments, in whole or in part, from other sources, except that
such efforts are not required if making the efforts would
delay the provision of such services to any eligible individ-
ual who is at extreme medical risk, or if making the efforts
would result in the loss of a job placement that (but for
the efforts) would be immediately available to an eligible
individual.
‘‘SEC. 105. ELIGIBLE INDIVIDUAL.
‘‘(a) IN GENERAL.—For purposes of section 101:
‘‘(1) An individual will not receive vocational re-
habilitation services under this title unless the indi-
vidual—
‘‘(A) is an individual with a disability
under section 7(8)(A); and
210
‘‘(B) 
requires 
vocational 
rehabilitation
services to prepare for, enter, engage in, or re-
tain gainful employment.
‘‘(2) If the individual has a disability or is blind
as determined pursuant to title II or title XVI of the
Social Security Act, the individual will 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 7(8)(A)(i); and
‘‘(B) a severe physical or mental impair-
ment which seriously limits one or more func-
tional capacities in terms of an employment
outcome under section 7(15)(A)(i).
‘‘(3) It will be presumed that an individual can
benefit in terms of an employment outcome from vo-
cational rehabilitation services for purposes of sec-
tion 7(8)(A)(ii), unless the integrated career center
system involved can demonstrate by clear and con-
vincing evidence that such individual is incapable of
benefiting from vocational rehabilitation services in
terms of an employment outcome.
‘‘(b) PROCESS.—For purposes of section 101(a), a
State will ensure that, subject to the order of selection
211
under section 102(b)(2), the following applies to an indi-
vidual:
‘‘(1) Once the individual makes a request in
person for a determination of eligibility:
‘‘(A) A qualified rehabilitation adviser will
be made available to the individual regarding
the process of obtaining services under this
title.
‘‘(B) An initial interview will be conducted,
followed by an initial assessment.
‘‘(C) A final determination will be made
not later than 30 days after the request (sub-
ject to the cooperation of the individual in the
process of determination).
‘‘(D) The determination of eligibility will
be based on the review of existing data de-
scribed in clause (i) of section 7(22)(A), and, to
the extent necessary, the preliminary assess-
ment described in clause (ii) of such section.
‘‘(E) If it is determined that the individual
is not an eligible individual, the individual will
be provided a written statement explaining the
following:
‘‘(i) The basis of the determination.
212
‘‘(ii) The availability of impartial re-
view under section 103(b)(7).
‘‘(iii) The availability of services
under the client assistance program under
section 510.
‘‘(2)(A) If it is determined that the individual
is an eligible individual—
‘‘(i) the needs of the individual for voca-
tional rehabilitation services will be assessed;
and
‘‘(ii) subject to subparagraph (D), an indi-
vidualized rehabilitation and employment plan
will be developed for the individual regarding
the provision of services pursuant to clause (i).
‘‘(B) The plan under subparagraph (A) will be
developed and mutually agreed upon by the individ-
ual and an appropriate staff member of the inte-
grated career center system involved.
‘‘(C) A plan under subparagraph (A) is individ-
ualized if the plan is consistent with the unique
strengths, resources, priorities, concerns, abilities,
and capabilities of the individual for whom the plan
is developed.