An Act To Update the Operations of the Bureau of Rehabilitation Services and To Conform to the Federal Workforce Innovation and Opportunity Act of 2014
Maine Legislature, Session 128, LD 1362
Committee: Labor, Commerce, Research and Economic Development
Sponsors: VOLK, FECTEAU, LANGLEY, AUSTIN, HANDY, MASTRACCIO, STETKIS, SYLVESTER, VACHON
Amends: 26 MRSA §1411-A, 26 MRSA §1411-D, 26 MRSA §1412-B, 26 MRSA §1414

Legislative Document
No. 1362
S.P. 470
In Senate, April 6, 2017
An Act To Update the Operations of the Bureau of Rehabilitation 
Services and To Conform to the Federal Workforce Innovation and 
Opportunity Act of 2014
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator VOLK of Cumberland.
Cosponsored by Representative FECTEAU of Biddeford and
Senator: LANGLEY of Hancock, Representatives: AUSTIN of Gray, HANDY of Lewiston, 
MASTRACCIO of Sanford, STETKIS of Canaan, SYLVESTER of Portland, VACHON of 
Scarborough.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §1411-A, sub-§1, as enacted by PL 1995, c. 560, Pt. F, §13, is 
repealed and the following enacted in its place: 
1.  Community rehabilitation program.  "Community rehabilitation program" 
means a program that provides directly or facilitates the provision of one or more of the 
following vocational rehabilitation services to individuals with disabilities to enable those 
individuals to maximize opportunities for employment, including career advancement: 
A.  Medical, psychiatric, psychological, social and vocational services under one 
management; 
B.  Testing, fitting or training in the use of prosthetic or orthotic devices; 
C.  Recreational therapy; 
D.  Physical and occupational therapy; 
E.  Speech, language and hearing therapy; 
F.  Psychiatric, psychological and social services, including positive behavior 
management; 
J.  Job development, placement and retention services; 
K.  Supported employment services and extended services; 
L.  Extended employment for people with severe disabilities who cannot readily enter 
the competitive labor market; 
M.  Evaluation or control of specific disabilities; 
N.  Rehabilitation technology services; 
O.  Assessment for determining program eligibility and vocational rehabilitation 
needs; 
P.  Orientation and mobility services for individuals who are blind or visually 
impaired; 
Q.  Psychosocial rehabilitation services; 
R.  Customized employment; 
S.  Services to family members, if necessary, to enable an applicant or eligible 
individual to achieve an employment outcome; and 
T.  Personal assistance services. 
Sec. 2.  26 MRSA §1411-A, sub-§1-A is enacted to read: 
1-A.  Competitive integrated employment.  "Competitive integrated employment" 
means work that is compensated at or above the state or local minimum wage; is not 
compensated at less than the customary rate and level of benefits paid by the employer 
for the same or similar work performed by other employees without disabilities who have 
similar training, experience and skills; takes place in such a way that the employee with 
the disability interacts with other persons without disabilities to the same extent as 
employees without disabilities in comparable positions; and presents opportunities for 
advancement similar to those opportunities available for other employees without 
disabilities in similar positions. 
Sec. 3.  26 MRSA §1411-A, sub-§2, as enacted by PL 1995, c. 560, Pt. F, §13, is 
repealed. 
Sec. 4.  26 MRSA §1411-A, sub-§3, ¶A, as enacted by PL 1995, c. 560, Pt. F, 
§13, is amended to read: 
A.  A preliminary diagnostic study to determine that the individual is disadvantaged 
or has a disability-related barrier to employment and that services are needed; 
Sec. 5.  26 MRSA §1411-A, sub-§3, ¶D, as enacted by PL 1995, c. 560, Pt. F, 
§13, is amended to read: 
D.  Any other goods or services provided to a disadvantaged an individual with a 
disability that are determined in accordance with federal regulations to be necessary 
for, and are provided for the purpose of, ascertaining the nature of the barrier to 
employment and whether it may reasonably be expected that the individual can 
benefit from vocational rehabilitation services or other services available to 
disadvantaged individuals with disabilities; 
Sec. 6.  26 MRSA §1411-A, sub-§4, as amended by PL 2015, c. 141, §5, is 
repealed. 
Sec. 7.  26 MRSA §1411-A, sub-§5, as enacted by PL 1995, c. 560, Pt. F, §13, is 
amended to read: 
5.  Person with a disability.  "Person with a disability" means an individual who has 
a physical or mental disability that constitutes a substantial barrier to employment but is 
of such a nature that who can benefit in terms of an employment outcome from the 
provision of vocational rehabilitation services may reasonably be expected to render the 
individual fit to engage in gainful employment that is consistent with the individual's 
capacities and abilities.  "Person with a disability" also means an individual who has a 
physical or mental disability that constitutes a substantial barrier to employment and for 
whom vocational rehabilitation services are necessary to determine rehabilitation 
potential.  An "individual who is under has a physical or mental disability" means an 
individual who has a physical or mental condition that materially limits, contributes to 
limiting or, if not corrected, results in limiting that individual's activities or functions. 
Sec. 8.  26 MRSA §1411-A, sub-§6, as amended by PL 2015, c. 141, §6, is 
further amended to read: 
6.  Rehabilitation services.  "Rehabilitation services," which may be provided 
directly or through public or private resources, means goods and services necessary to 
assist a person with a disability to engage in a gainful occupation competitive integrated 
employment or to determine the individual's rehabilitation potential, including but not 
limited to vocational rehabilitation services.  Vocational rehabilitation services available 
to people with disabilities include: 
A.  Evaluation, including diagnostic and related services, incidental to the 
determination of eligibility for and the nature and scope of services to be provided; 
B.  Counseling, guidance and placement services for people with disabilities, 
including follow-up services to assist those individuals to maintain employment; 
C.  Training services for people with disabilities, which may include personal and 
vocational adjustment, on-the-job training and, books, tools and other training 
materials; 
D.  Interpreting and other specific services necessary to meet the unique needs of 
those persons who are deaf or who have impaired hearing.  These services must 
include the aid of qualified personnel and interpreters who can relate to and 
communicate on an effective and meaningful basis with persons who are deaf or have 
impaired hearing; 
E.  Recruitment and training services for people with disabilities to provide them with 
suitable employment opportunities; 
F.  Physical restoration services, including but not limited to: 
(1)  Corrective surgery or therapeutic treatment necessary to correct or 
substantially modify a physical or mental condition that is stable or slowly 
progressive and constitutes a substantial barrier to employment but is of such a 
nature that correction or modification may reasonably be expected to eliminate or 
substantially reduce the barrier within a reasonable length of time; 
(2)  Necessary hospitalization in connection with surgery or treatment; 
(3)  Prosthetic and orthotic devices; and 
(4)  Eye glasses Eyeglasses and visual services as prescribed by a physician 
skilled in the diseases of the eye or by an optometrist; 
G.  Maintenance as necessary during rehabilitation, as established by the rules of the 
department; 
H.  Occupational licenses, tools, equipment and initial stocks and supplies; 
I.  In the case of a small business operated by people with severe significant 
disabilities, the operation of which can be improved by management services and 
supervision provided by the department, the provision of those services and that 
supervision, alone or together with the acquisition by the department of vending 
stands or other equipment and initial stocks and supplies; 
J.  The construction or establishment, in accordance with federal regulations, of 
public or other nonprofit community rehabilitation programs and the provision of 
other facilities and services that may contribute substantially to the rehabilitation of a 
group of individuals but are not related directly to the rehabilitation plan of any one 
person with a disability; 
K.  Transportation in connection with the rendering of any other rehabilitation 
service; 
L.  Any other goods and services necessary to render a person with a disability 
employable; and 
M.  Services to the families of people with disabilities when the services will 
contribute substantially to the rehabilitation of the individuals.; 
N.  Services for students and youth with disabilities to facilitate transition from 
school to postsecondary life, such as achievement of a competitive integrated 
employment outcome; 
O.  Preemployment transition services to students with disabilities in a secondary, 
postsecondary or other recognized education program, including job exploration 
counseling; work-based learning experiences; counseling on opportunities for 
enrollment in comprehensive transition or postsecondary educational programs; 
workplace readiness training; and self-advocacy instruction; 
P.  Reader services, rehabilitation teaching services, and orientation and mobility 
services for individuals who are blind or visually impaired; and 
Q.  Rehabilitation technology services to systematically apply technologies, 
engineering methodologies or scientific principles to address barriers confronted by 
individuals with disabilities. 
Sec. 9.  26 MRSA §1411-D, as amended by PL 2015, c. 141, §§8 and 9, is further 
amended to read: 
§1411-D.  Powers and duties of department 
In carrying out this article, the commissioner: 
1.  Cooperates with other departments.  Shall cooperate with other departments, 
agencies and institutions, both public and private, in providing for the rehabilitation of 
people with disabilities and the evaluation and vocational services of disadvantaged 
individuals, in studying the problems involved and in establishing, developing and 
providing, in conformity with the purposes of this article, programs, facilities and 
services necessary or desirable; 
2.  Reciprocal agreements with other states.  May enter into reciprocal agreements 
with other states to provide for the rehabilitation of people with disabilities and 
disadvantaged individuals who are residents of the states concerned; 
3.  Community rehabilitation programs.  May establish, construct and operate 
community rehabilitation programs and make grants to public or other nonprofit 
organizations for those purposes; 
4.  Vending stands and other businesses.  May supervise the operation of vending 
stands and other small businesses established pursuant to this article to be conducted by 
people with severe significant disabilities; 
5.  Research fellowships and traineeships.  May make studies, investigations, 
demonstrations and reports and provide training and instruction, including the 
establishment and maintenance of research fellowships and traineeships, with stipends 
and allowances as determined necessary, in matters relating to rehabilitation; 
6.  Joint project.  May share funding and administrative responsibility with another 
state agency in order to carry out a joint project to provide services to people with 
disabilities; 
7.  Joint undertakings.  May enter into joint undertakings with public and private 
agencies to further the effectiveness of services for disadvantaged individuals people with 
disabilities; 
8.  Eligibility and priority.  Through the Bureau of Rehabilitation Services, Division 
of Vocational Rehabilitation and Division for the Blind and Visually Impaired, which are 
the designated state units under the federal Rehabilitation Act of 1973 and the federal 
Workforce Innovation and Opportunity Act of 2014, Public Law 113-128, shall 
determine the eligibility of individuals for rehabilitation services or evaluation and 
vocational services and the priority for those services in accordance with rules established 
by the department; and 
9.  Transitional services coordination.  Through the Bureau of Rehabilitation 
Services, Division of Vocational Rehabilitation and Division for the Blind and Visually 
Impaired, which are the designated state units under the federal Rehabilitation Act of 
1973 and the federal Workforce Innovation and Opportunity Act of 2014, Public Law 
113-128, shall participate with school administrative units in transition planning for each 
student receiving special education services who is 16 years of age or older, or 14 years 
of age if determined appropriate by the student's individualized education program team, 
and shall assign appropriate staff as a transition contact person and as a member of the 
transition planning team for each student. 
Sec. 10.  26 MRSA §1412-B, as enacted by PL 1995, c. 560, Pt. F, §13, is 
amended to read: 
§1412-B.  Reporting and evaluation of rehabilitation needs 
The department shall make continuing study of evaluate the needs of people with 
disabilities and disadvantaged individuals in the State and how these needs may be met 
most effectively.  The study and planning must include appraisal As required by the 
federal Rehabilitation Act of 1973 and the federal Workforce Innovation and Opportunity 
Act of 2014, Public Law 113-128, the department shall conduct a comprehensive 
statewide assessment every 3 years to describe the rehabilitation needs of individuals with 
disabilities residing in the State, including a review of community rehabilitation programs 
in the State and their effectiveness and adequacy in meeting the overall needs of people 
with disabilities and disadvantaged.  The continuing study and recommendations must be 
reflected in the biennial reports of the commissioner.  The commissioner shall use the 
results of these reviews to advise the Governor and the Legislature of any need to change 
the State's rehabilitation programs.  The commissioner shall report annually to the joint 
standing committee of the Legislature having jurisdiction over labor matters the program 
outcomes as part of the reports authorized under section 2004-A, subsection 3 and 
required under section 3101. 
Sec. 11.  26 MRSA §1414, sub-§1, as enacted by PL 1995, c. 560, Pt. F, §13, is 
amended to read: 
1.  Independent living services.  "Independent living services" means services that 
promote or train people with severe significant disabilities in managing their personal 
affairs, participating in day-to-day life in the community, fulfilling a range of social roles 
and making decisions that lead to self-determination and the minimization of physical or 
psychological dependence on others. 
Sec. 12.  26 MRSA c. 19, sub-c. 2, art. 4, as amended, is repealed. 
SUMMARY 
The purpose of this bill is to amend the definitions and service descriptions of the 
Department of Labor, Bureau of Rehabilitation Services in order to conform with the 
reauthorization of the federal Rehabilitation Services Administration through the 
Workforce Innovation and Opportunity Act of 2014. It eliminates the use of the term 
"disadvantaged individuals" and repeals provisions of law regarding personal care 
services because such services are not provided by the bureau.