CITATIONS RELATED TO IMPLEMENTATION OF INFORMED CHOICE FROM THE REHABILITATION ACT AMENDMENTS OF 1998 WORKFORCE INVESTMENT ACT OF 1998 (P.L. 105-220) Section 2: Findings; Purpose; Policy Section 2(a)(3): Congress finds that . . . disability is a natural part of the human experience and in no way diminishes the rights of individuals to live independently, enjoy self-determination, make choices, contribute to society, pursue meaningful careers, and enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of American society. Section 2(a)(6)(A): The goals of the Nation properly include the goal of providing individuals with disabilities with tools necessary to make informed choices and decisions. Section 2(c)(1): It is the policy of the United States that all programs, projects, and activities receiving assistance under this Act shall be carried out in a manner consistent with the principles of respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities. Section 7: Definitions Section 7(2)(B): The term "assessment for determining eligibility and vocational rehabilitation needs" means, as appropriate in each case, a review of existing data . . . and . . . to the extent additional data is necessary to make a determination of the employment outcomes, and the objectives, nature, and scope of vocational rehabilitation services, to be included in the individualized plan for employment of an eligible individual, a comprehensive assessment to determine the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including the need for supported employment, of the eligible individual . . . . Section 7(35)(A): The term "supported employment" means competitive work in integrated work settings, or employment in integrated work settings in which individuals are working toward competitive work, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual . . . . Section 14: Evaluation Section 14(f)(2): The Commissioner shall conduct studies and analyses that identify exemplary practices concerning vocational rehabilitation, including studies in areas relating to providing informed choice in the rehabilitation process . . . . Title I - Vocational Rehabilitation Services Part A - General Provisions Section 100: Declaration of Policy Section 100(a)(2)(B): The purpose of this title is to assist States in operating statewide comprehensive, coordinated, effective, efficient, and accountable programs of vocational rehabilitation, each of which is . . . designed to assess, plan, develop, and provide vocational rehabilitation services for individuals with disabilities, consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that such individuals may prepare for and engage in gainful employment. Section 100(a)(3)(C): Individuals who are applicants for such programs or eligible to participate in such programs must be active and full partners in the vocational rehabilitation process, making meaningful and informed choices during assessments for determining eligibility and vocational rehabilitation needs; and in the selection of employment outcomes for the individuals, services needed to achieve the outcomes, entities providing such services, and the methods used to secure such services. Section 101: State Plans Section 101(a)(19): The State plan shall include an assurance that applicants and eligible individuals or, as appropriate, the applicants' representatives or individuals' representatives, will be provided information and support services to assist the applicants and individuals in exercising informed choice throughout the rehabilitation process, consistent with the provisions of section 102(d). Section 102: Eligibility and individualized plan for employment Section 102(a)(3)(A)(ii): For purposes of this section, an individual who has a disability or is blind as determined pursuant to title II or title XVI of the Social Security Act (42 U.S.C. 401 et seq. and 1381 et seq.) shall be . . . presumed to be eligible for vocational rehabilitation services under this title (provided that the individual intends to achieve an employment outcome consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual) unless the designated State unit involved can demonstrate by clear and convincing evidence that such individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the disability of the individual in accordance with paragraph (2). Section 102(a)(5)(B): If an individual who applies for services under this title is determined, based on the review of existing data and, to the extent necessary, the assessment activities described in section 7(2)(A)(ii), not to be eligible for the services, or if an eligible individual receiving services under an individualized plan for employment is determined to be no longer eligible for the services . . . the individual or, as appropriate, the individual's representative, shall be informed in writing (supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the individual) of the ineligibility determination . . . . Section 102(b)(2)(B): An individualized plan for employment shall be developed and implemented in a manner that affords eligible individuals the opportunity to exercise informed choice in selecting an employment outcome, the specific vocational rehabilitation services to be provided under the plan, the entity that will provide the vocational rehabilitation services, and the methods used to procure the services, consistent with subsection (d). Section 102(b)(3): Regardless of the approach selected by an eligible individual to develop an individualized plan for employment, an individualized plan for employment shall, at a minimum, contain mandatory components consisting of- (102(b)(3)(A): a description of the specific employment outcome that is chosen by the eligible individual, consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the eligible individual, and, to the maximum extent appropriate, results in employment in an integrated setting; (102(b)(3)(B)(i)(II): and a description of the specific vocational rehabilitation services that are . . . provided in the most integrated setting that is appropriate for the service involved and is consistent with the informed choice of the eligible individual . . . (102(b)(3)(C): a description of the entity chosen by the eligible individual, or as appropriate, the individual's representative, that will provide the vocational rehabilitation services, and the methods used to procure such services . . . . Section 102(d): Each designated State agency, in consultation with the State Rehabilitation Council, if the State has such a council, shall, consistent with section 100(a)(3)(C), develop and implement written policies and procedures that enable each individual who is an applicant for or eligible to receive vocational rehabilitation services under this title to exercise informed choice throughout the vocational rehabilitation process carried out under this title, including policies and procedures that require the designated State agency-- (1) to inform each such applicant and eligible individual (including students with disabilities who are making the transition from programs under the responsibility of an educational agency to programs under the responsibility of the designated State unit), through appropriate modes of communication, about the availability of, and opportunities to exercise, informed choice, including the availability of support services for individuals with cognitive or other disabilities who require assistance in exercising informed choice, throughout the vocational rehabilitation process; (2) to assist applicants and eligible individuals in exercising informed choice in decisions related to the provision of assessment services under this title; (3) to develop and implement flexible procurement policies and methods that facilitate the provision of services, and that afford eligible individuals meaningful choices among the methods used to procure services, under this title; (4) to provide or assist eligible individuals in acquiring information that enables those individuals to exercise informed choice under this title in the selection of-- (A) the employment outcome; (B) the specific vocational rehabilitation services needed to achieve the employment outcome; (C) the entity that will provide the services; (D) the employment setting and the settings in which the services will be provided; and (E) the methods available for procuring the services; and (5) to ensure that the availability and scope of informed choice provided under this section is consistent with the obligations of the designated State agency under this title. Section 103: Vocational Rehabilitation Services Section 103(a): Vocational rehabilitation services provided under this title are any services described in an individualized plan for employment necessary to assist an individual with a disability in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual, including (103(a)(2): counseling and guidance, including information and support services to assist an individual in exercising informed choice consistent with the provisions of section 102(d). Title III - Professional Development and Special Projects and Demonstrations Section 303: Demonstration and Training Programs Section 303(a): Demonstration Projects To Increase Client Choice (1) Grants The Commissioner may make grants to States and public or nonprofit agencies and organizations to pay all or part of the costs of projects to demonstrate ways to increase client choice in the rehabilitation process, including the selection of providers of vocational rehabilitation services. (2) Use of funds An entity that receives a grant under this subsection shall use the grant only-- (A) for activities that are directly related to planning, operating, and evaluating the demonstration projects; and (B) to supplement, and not supplant, funds made available from Federal and non-Federal sources for such projects. (3) Application Any eligible entity that desires to receive a grant under this subsection shall submit an application at such time, in such manner, and containing such information and assurances as the Commissioner may require, including-- (A) a description of-- (i) how the entity intends to promote increased client choice in the rehabilitation process, including a description, if appropriate, of how an applicant will determine the cost of any service or product offered to an eligible client; (ii) how the entity intends to ensure that any vocational rehabilitation service or related service is provided by a qualified provider who is accredited or meets such other quality assurance and cost-control criteria as the State may establish; and (iii) the outreach activities to be conducted by the applicant to obtain eligible clients; and (B) assurances that a written plan will be established with the full participation of the client, which plan shall, at a minimum, include-- (i) a statement of the vocational rehabilitation goals to be achieved; (ii) a statement of the specific vocational rehabilitation services to be provided, the projected dates for their initiation, and the anticipated duration of each such service; and (iii) objective criteria, an evaluation procedure, and a schedule, for determining whether such goals are being achieved. 4) Award of grants In selecting entities to receive grants under paragraph (1), the Commissioner shall take into consideration-- (A) the diversity of strategies used to increase client choice, including selection among qualified service providers; (B) the geographic distribution of projects; and (C) the diversity of clients to be served. (5) Records Entities that receive grants under paragraph (1) shall maintain such records as the Commissioner may require and comply with any request from the Commissioner for such records. (6) Direct services At least 80 percent of the funds awarded for any project under this subsection shall be used for direct services, as specifically chosen by eligible clients. 7) Evaluation The Commissioner may conduct an evaluation of the demonstration projects with respect to the services provided, clients served, client outcomes obtained, implementation issues addressed, the cost-effectiveness of the project, and the effects of increased choice on clients and service providers. The Commissioner may reserve funds for the evaluation for a fiscal year from the appropriated to carry out projects under this section for the fiscal year. (8) Definitions For the purposes of this subsection: (A) Direct services The term "direct services" means vocational rehabilitation services, as described in section 103(a). (B) Eligible client The term "eligible client" means an individual with a disability, as defined in section 7(20)(A), who is not currently receiving services under an individualized plan for employment established through a designated State unit. Title VI - Employment Opportunities for Individuals with Disabilities Part B - Supported Employment Services for Individuals with the Most Significant Disabilities Section 625: State Plan Section 625(b)(6)(G): Supported employment services will include placement in an integrated setting for the maximum number of hours possible based on the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of individuals with the most significant disabilities. file: 98 amendments-Choice 1