STATE PLANS.

SEC. 122. STATE PLANS. (a) Period.—The first sentence of section 101(a) (29 U.S.C. 721(a)) is amended by striking “for a three-year period” and all that follows and inserting the following: “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 title, a State, upon the request of the Commissioner, shall make such annual revisions in the plan as may be necessary.”. (b) State Agency.—Section 101(a)(1)(A) (29 U.S.C. 721(a)(1)(A)) is amended— 106 STAT. 4368 (1) by striking “and” at the end of clause (i); and (2) by inserting before the semicolon at the end the following: “, and (iii) in the case of American Samoa, the appropriate State agency shall be the Governor of American Samoa”. (c) Plans; Policies; Methods.— Section 101(a)(5) (29 U.S.C. 721(a)(5)) is amended— (1) in subparagraph (A)— (A) by striking “existing rehabilitation facilities to the maximum extent feasible;” and inserting “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 (B) in clause (ii), by inserting before “and shall be consistent” the following: “in accordance with criteria established by the State,”; (2) in subparagraph (B), by inserting before the semicolon the following: “, including the use of funds under part C of title VI to supplement funds under part B of this title to pay for the cost of services leading to supported employment”; and (3) by striking subparagraph (C) and inserting the following: “(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;”. (d) Program Compliance.— Section 101(a)(6)(B) (29 U.S.C. 721(a)(6)(B)) is amended by inserting before the semicolon at the end the following: “, with section 504 of this Act, and with the Americans with Disabilities Act of 1990”. (e) Personnel.— Section 101(a)(7) (29 U.S.C. 721(a)(7)) is amended to read as follows: “(7) (A) include a description (consistent with the purposes of this Act) 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; 106 STAT. 4369 “(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 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a))) 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 the Rehabilitation Act of 1973 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 106 STAT. 4370State 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;”. (f) Availability of Comparable Services and Benefits.— Section 101(a)(8) (29 U.S.C. 721(a)(8)) is amended by striking “except that” and all that follows and inserting “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;”. (g) Use of Existing Information.—Section 101(a)(9) (29 U.S.C. 721(a)(9)) is amended— (1) by redesignating subparagraphs (A) through (C) as subparagraphs (B) through (D), respectively; (2) by striking “(9) provide that” and inserting “(9) provide that— “(A) to the maximum extent appropriate, and consistent with the requirements of this Act, 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;”; (3) in subparagraphs (B), (C), and (D) (as so redesignated by paragraph (1) of this subsection), by indenting the subparagraphs to the same measure as subparagraph (A); and (4) in subparagraphs (B) and (C) (as so redesignated), by striking the comma at the end and inserting a semicolon. (h) Reports.— Section 101(a)(10) (29 U.S.C. 721(a)(10)) is amended— (1) by inserting “(A)” after the paragraph designation; (2) in subparagraph (A) (as so designated by paragraph (1) of this subsection), by adding “and” after the semicolon at the end; and (3) by adding at the end the following subparagraph: “(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 Act; and “(iii) the utilization by such individuals of other programs pursuant to paragraph (11);”. (i) Interagency Cooperation.— Section 101(a)(11) (29 U.S.C. 721(a)(11)) is amended— (1) by striking “(11) provide for entering into cooperative arrangements” and inserting “(11)(A) provide for interagency cooperation”; 106 STAT. 4371 (2) in subparagraph (A) (as so designated by paragraph (1) of this subsection) by striking “, and the Carl D. Perkins Vocational Education Act);” and inserting “ (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.);”; and (3) by adding at the end the following: “(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;”. (j) Community Rehabilitation Programs.—Section 101(a)(12) (29 U.S.C. 721(a)(12)) is amended— (1) in subparagraph (A), by striking “facilities” and inserting “programs”; and (2) in subparagraph (B), by striking “rehabilitation facilities” and inserting “community rehabilitation programs”. (k) Continuing Statewide Studies.—Section 101(a) (29 U.S.C. 721(a)) is amended— (1) in the matter preceding paragraph (16) by striking “provide for continuing” and inserting “(15) provide for continuing”; and (2) in paragraph (15) (as so designated by paragraph (1) of this subsection)— (A) in subparagraph (A), by striking “conducting”; (B) in subparagraph (B)— (i) by striking “capacity and condition of rehabilitation facilities, plans for improving such facilities,” and inserting “capacity and effectiveness of community rehabilitation programs, plans for improving such programs,”; and (ii) by striking “and” after the semicolon at the end; 106 STAT. 4372 (C) in subparagraph (C), by inserting “and” after the semicolon at the end; and (D) by adding at the end the following subparagraph: “(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;”. (l) Review and Efforts.—Section 101(a)(16) (29 U.S.C. 721(a)(16)) is amended to read as follows: “(16) 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 14(c) of the Fair Labor Standards Act (29 U.S.C. 214(c)), 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;”. (m) Construction.—Section 101(a)(17) (29 U.S.C. 721(a)(17)) is amended— (1) in the matter preceding subparagraph (A), by striking “where such State plan includes provisions for the construction of rehabilitation facilities” and inserting “if, under special circumstances, the State plan includes provisions for the construction of facilities for community rehabilitation programs”; and (2) in subparagraph (C), by striking “rehabilitation facilities” and inserting “facilities for community rehabilitation programs”. (n) Views Considered.—Section 101(a)(18) (29 U.S.C. 721(a)(18)) is amended by striking “and providers of vocational rehabilitation services” and inserting “providers of vocational rehabilitation services, and the Director of the client assistance program under section 112”. (o) Strategic Plan.— Section 101(a)(19) (29 U.S.C. 721(a)(19)) is amended by inserting before the semicolon the following: “, and for developing and updating the strategic plan required under part C”. (p) Public Comment.—Section 101(a)(23) (29 U.S.C. 721(a)(23)) is amended— (1) in subparagraph (A), by inserting after “comment on the State plan” the following: “before development of the plan by the State”; (2) by striking “and” before “(B)”; and 106 STAT. 4373 (3) by inserting before the semicolon the following: “, and (C) provide satisfactory assurances that the State agency will consult with the Director of the client assistance program under section 112 in the formulation of policies governing the provision of vocational rehabilitation services consistent with the State plan and other revisions”. (q) Goals and Public Education.— Section 101(a)(24) (29 U.S.C. 721(a)(24)) is amended to read as follows: “(24) 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 103(a)(14) 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;”. (r) Use of Supported Employment Funds.— Section 101(a)(25) (29 U.S.C. 721(a)(25)) is amended to read as follows: “(25) provide assurances satisfactory to the Secretary that the State has an acceptable plan for carrying out part C of title VI, including the use of funds under that part to supplement funds under part B of this title for the cost of services leading to supported employment;”. (s) Additional State Plan Requirements.— Section 101(a) (29 U.S.C. 721(a)) is amended by adding at the end the following new paragraphs: “(26) 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; 106 STAT. 4374 “(27) describe the manner in which cooperative agreements with private nonprofit vocational rehabilitation service providers will be established; “(28) 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) describe the manner in which individuals with disabilities will be given choice and increased control in determining their vocational rehabilitation goals and objectives; “(30) 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) 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) 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; “(33) provide for coordination and working relationships with the Statewide Independent Living Council established under section 705 and independent living centers within the State; “(34) 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 title; and “(B) will use at least 1.5 percent of the allotment of the State under part B for the uses described in section 123; “(35) (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 title, 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) 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 105; “(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 106 STAT. 4375recommendations (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 Act 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 overseeing the operation of the designated State agency; “(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 105(c)(3); or “(C) in the case of a State that, under section l0l(a)(1)(A)(i), 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 overseeing both such agencies and meets the requirements of subparagraph (B)(ii); or “(ii) (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.”. (t) Technical Amendment.— Section 101 (29 U.S.C. 721) is amended by striking subsections (c) and (d).