Pub. L. 102-569, tit. VI, subtit. C, sec. 621

SUPPORTED EMPLOYMENT.

EnactedYear: 1992Length: 1,425 wordsOfficial source
SEC. 621. SUPPORTED EMPLOYMENT. (a) Program.— Title VI is amended by striking part C (29 U.S.C. 795j et seq.) and inserting the following: “Part C—Supported Employment Services for Individuals With Severe Disabilities “SEC. 631. PURPOSE. “It is the purpose of this part to authorize allotments, in addition to grants for vocational rehabilitation services under title I, to assist States in developing collaborative programs with appropriate entities to provide supported employment services for individuals with the most severe disabilities who require supported employment services to enter or retain competitive employment. “SEC. 632. ALLOTMENTS. “(a) In General.— “(1) States.— The Secretary shall allot the sums appropriated for each fiscal year to carry out this part among the States on the basis of relative population of each State, except that— “(A) no State shall receive less than $250,000, or one- third of one percent of the sums appropriated for the fiscal year for which the allotment is made, whichever is greater; and 106 STAT. 4440 “(B) if the sums appropriated to carry out this part for the fiscal year exceed by $1,000,000 or more the sums appropriated to carry out this part in fiscal year 1992, no State shall receive less than $300,000, or one-third of one percent of the sums appropriated for the fiscal year for which the allotment is made, whichever is greater.” “(2) Certain territories— “(A) In general.— For the purposes of this subsection, Guam, American Samoa, the United States Virgin Islands, the Republic of Palau, and the Commonwealth of the Northern Mariana Islands shall not be considered to be States. “(B) Allotment.— Each jurisdiction described in subparagraph (A) shall be allotted not less than one-eighth of one percent of the amounts appropriated for the fiscal year for which the allotment is made, except that the Republic of Palau may receive such allotment under this section only until the Compact of Free Association with Palau takes effect. “(b) Reallotment.— Whenever the Commissioner determines that any amount of an allotment to a State for any fiscal year will not be expended by such State for carrying out the provisions of this part, the Commissioner shall make such amount available for carrying out the provisions of this part to one or more of the States that the Commissioner determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the State (as determined under the preceding provisions of this section) for such year. “SEC. 633. AVAILABILITY OF SERVICES. “Funds provided under this part may be used to provide sup-ported employment services to individuals who are eligible under this part. Funds provided under this part, title I, or subsection (c) or (f) of section 311 may not be used to provide extended services to individuals who are eligible under this part or title I “SEC. 634. ELIGIBILITY.“An individual shall be eligible under this part to receive sup-ported employment services authorized under this Act if— “(1) the individual is eligible for vocational rehabilitation services; “(2) the individual is determined to be an individual with the most severe disabilities; and “(3) a comprehensive assessment of rehabilitation needs of the individual provided under section 102(b)(1)(A), including an evaluation of rehabilitation, career, and job needs, identifies supported employment as the appropriate rehabilitation objective for the individual. “SEC. 635. STATE PLAN. “(a) State Plan Supplements.— To be eligible for an allotment under this part, a State shall submit to the Commissioner, as part of the State plan under section 101, a State plan supplement for providing supported employment services authorized under this Act to individuals who are eligible under this Act to receive the 106 STAT. 4441services. Each State shall make such annual revisions in the plan supplement as may be necessary. “(b) Contents.—Each such plan supplement shall— “(1) designate each agency that the State designated under section 101(a)(1) as the agency to administer the program assisted under this part; “(2) summarize the results of the comprehensive, statewide assessment conducted under section 101(a)(5), with respect to the rehabilitation and career needs of individuals with severe disabilities and the need for supported employment services, including needs related to coordination and use of information within the State relating to section 618(b)(l)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1418(b)(1)(C)); “(3) describe the quality, scope, and extent of supported employment services authorized under this Act to be provided to individuals who are eligible under this Act to receive the services and specify the goals and plans of the State with respect to the distribution of funds received under section 632; “(4) demonstrate evidence of the efforts of the designated State agency to identify and make arrangements (including entering into cooperative agreements) with other State agencies and other appropriate entities to assist in the provision of supported employment services; “(5) demonstrate evidence of the efforts of the designated State agency to identify and make arrangements (including entering into cooperative agreements) with other public or non-profit agencies or organizations within the State, employers, natural supports, and other entities with respect to the provision of extended services; “(6) provide assurances that— “(A) funds made available under this part will only be used to provide supported employment services authorized under this Act to individuals who are eligible under this part to receive the services; “(B) that the comprehensive assessments of individuals with severe disabilities conducted under section 102(b)(1)(A) and funded under title 1 will include consideration of supported employment as an appropriate rehabilitation objective; “(C) an individualized written rehabilitation program, as required by section 102, will be developed and updated using funds under title I in order to— “(i) specify the supported employment services to be provided; “(ii) specify the expected extended services needed; and “(iii) identify the source of extended services, which may include natural supports, or to the extent that it is not possible to identify the source of extended services at the time the individualized written rehabilitation program is developed, a statement describing the basis for concluding that there is a reasonable expectation that such sources will become available; “(D) the State will use funds provided under this part only to supplement, and not supplant, the funds provided under title I, in providing supported employment services 106 STAT. 4442specified in the individualized written rehabilitation program; “(E) services provided under an individualized written rehabilitation program will be coordinated with services provided under other individualized plans established under other Federal or State programs; “(F) to the extent jobs skills training is provided, the training will be provided on-site; and “(G) supported employment services will include placement in an integrated setting for the maximum number of hours possible based on the unique strengths, resources, interests, concerns, abilities, and capabilities of individuals with the most severe disabilities; “(7) provide assurances that the State agencies designated under paragraph (1) will expend not more than 5 percent of the allotment of the State under this part for administrative costs of carrying out this part; and “(8) contain such other information and be submitted in such manner as the Commissioner may require. “SEC. 636. RESTRICTION.“Each State agency designated under section 635(b)(1) shall collect the client information required by section 13 separately for supported employment clients under this part and for supported employment clients under title I. “SEC. 637. SAVINGS PROVISION. “(a) Supported Employment Services.— Nothing in this Act shall be construed to prohibit a State from providing supported employment services in accordance with the State plan submitted under section 101 by using funds made available through a State allotment under section 110. “(b) Postemployment Services.—Nothing in this part shall be construed to prohibit a State from providing discrete postemployment services in accordance with the State plan submit-ted under section 101 by using funds made available through a State allotment under section 110 to an individual who is eligible under this part. “SEC. 638. AUTHORIZATION OF APPROPRIATIONS.“There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 1993 through 1997.”. (b) Table of Contents.—The table of contents relating to title VI is amended by striking the items relating to part C and inserting the following: “Part C— Supported Employment Services for Individuals With Severe Disabilities “Sec. 631. Purpose. “Sec. 632. Allotments. “Sec. 633. Availability of services. “Sec. 634. Eligibility. “Sec. 635. State plan. “Sec. 636. Restriction. “Sec. 637. Savings provision. “Sec. 638. Authorization of appropriations.”.
Pub. L. 102-569, tit. VI, subtit. C, sec. 621: SUPPORTED EMPLOYMENT. | Justis AI