Supported Employment Services for Individuals with the Most Significant Disabilities
Sec. 602 | Sec. 603 | Sec. 604 | Sec. 605 | Sec. 606 | Sec. 607 | Sec. 608
Sec. 602. Purpose
It is the purpose of this title 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 significant disabilities, including youth with the most significant disabilities, to enable such individuals to achieve an employment outcome of supported employment in competitive integrated employment.
Sec. 603. Allotments
(a) In General
(1) States
The Secretary shall allot the sums appropriated for each fiscal year to carry out this title 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 amount is greater; and
(B) if the sums appropriated to carry out this title for the fiscal year exceed by $1,000,000 or more the sums appropriated to carry out part B of this title (as in effect on September 30, 1992) 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 amount is greater.
(2) Certain territories
(A) In general
For the purposes of this subsection, Guam, American Samoa, the United States Virgin Islands, 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 1⁄8 of 1 percent of the amounts appropriated for the fiscal year for which the allotment is made.`
(b) Reallotment
Whenever the Commissioner determines that any amount of an allotment to a State under subsection (a) for any fiscal year will not be expended by such State for carrying out the provisions of this title, the Commissioner shall make such amount available for carrying out the provisions of this title to 1 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.
(c) LIMITATIONS ON ADMINISTRATIVE COSTS. - A State that receives an allotment under this title shall not use more than 2.5 percent of such allotment to pay for administrative costs.
(d) SERVICES FOR YOUTH WITH THE MOST SIGNIFICANT DISABILITIES.- A State that receives an allotment under this title shall reserve and expend half of such allotment for the provision of supported employment services, including extended services, to youth with the most significant disabilities in order to assist those youth in achieving an employment outcome in supported employment.
SEC. 604. AVAILABILITY OF SERVICES
(a) SUPPORTED EMPLOYMENT SERVICES. - Funds provided under this title may be used to provide supported employment services to individuals who are eligible under this title.
(b) EXTENDED SERVICES. -
(1) IN GENERAL.- Except as provided in paragraph (2), funds provided under this title, or title I, may not be used to provide extended services to individuals under this title or title I.
(2) EXTENDED SERVICES FOR YOUTH WITH THE MOST
SIGNIFICANT DISABILITIES.- Funds allotted under this title, or title I, and used for the provision of services under this title to youth with the most significant disabilities pursuant to section 603(d), may be used to provide extended services to youth with the most significant disabilities. Such extended services shall be available for a period not to exceed 4 years.
Sec. 605. Eligibility
An individual, including a youth with a disability, shall be eligible under this title to receive supported employment services authorized under this Act if ‑‑
(1) the individual is eligible for vocational rehabilitation services under title I;
(2) the individual is determined to be an individual with a most significant disability;
(3) for purposes of activities carried out with funds described in section 603(d), the individual is a youth with a disability, as defined in section (7)(42); and
(4) a comprehensive assessment of the rehabilitation needs of the individual described in section 7(2)(B), including an evaluation of rehabilitation, career, and job needs, identifies supported employment as the appropriate employment outcome for the individual.
Sec. 606. State Plan
(a) State Plan Supplements
To be eligible for an allotment under [this part] this title, 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, including youth with the most significant disabilities, who are eligible under this Act to receive the services. 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 designated State agency as the agency to administer the program assisted under this title;
(2) summarize the results of the comprehensive, statewide assessment conducted under section 101(a)(15)(A)(i), with respect to the rehabilitation needs of individuals, including youth, with significant disabilities and the need for supported employment services, including needs related to coordination;
(3) describe the quality, scope, and extent of supported employment services authorized under this Act to be provided to individuals, including youth with the most significant disabilities, 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 603;
(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 nonprofit agencies or organizations within the State, employers, natural supports, and other entities with respect to the provision of extended services;
(6) describe the activities to be conducted pursuant to section 603(d) for youth with the most significant disabilities, including -
(A) the provision of extended services for a period not to exceed 4 years; and
(B) how the State will use the funds reserved in section 603(d) to leverage other public and private funds to increase resources for extended services and expand supported employment opportunities for youth with the most significant disabilities;
(7) provide assurances that ‑‑
(A) funds made available under this title will only be used to provide supported employment services authorized under this Act to individuals who are eligible [under this part] under this title to receive the services;
(B) the comprehensive assessments of individuals with significant disabilities,
including youth with the most significant disabilities, conducted under section 102(b)(1) and funded under title I will include consideration of supported employment as an appropriate employment outcome;
(C) an individualized plan for employment, 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, including, as appropriate, for youth with the most significant disabilities, transition services and pre-employment transition services;
(ii) specify the expected extended services needed, including the extended services that may be provided to youth with the most significant disabilities under this title, in accordance with an approved individualized plan for employment, for a period not to exceed 4 year; and
(iii) identify, as appropriate, the source of extended services, which may include natural supports, or indicate that it is not possible to identify the source of extended services at the time the individualized plan for employment is developed;
(D) the State will use funds provided [under this part] under this title only to supplement, and not supplant, the funds provided under title I, in providing supported employment services specified in the individualized plan for employment;
(E) services provided under an individualized plan for employment 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 based on the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of individuals with the most significant disabilities;
(H) the State agencies designated under paragraph (1) will expend not more than 2.5 percent of the allotment of the State under this title for administrative costs of carrying out this title; and
(I) with respect to supported employment services provided to youth with the most significant disabilities pursuant to section 603(d), the designated State agency will provide, directly or indirectly through public or private entities, non-Federal contributions in an amount that is not less than 10 percent of the costs of carrying out such services; and
(8) contain such other information and be submitted in such manner as the Commissioner may require.
SEC. 607. RESTRICTION.
Each State agency designated under section 606(b)(1) shall collect the information required by section 101(a)(10) separately for -
(1) eligible individuals receiving supported employment services under this title;
(2) eligible individuals receiving supported employment services under title I;
(3) eligible youth receiving supported employment services under this title; and
(4) eligible youth receiving supported employment services under title I.
Sec. 608. 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 title shall be construed to prohibit a State from providing discrete postemployment services in accordance with the State plan submitted under section 101 by using funds made available through a State allotment under section 110 to an individual who is eligible under this title.