29 U.S.C. § 705 : US Code - Section 705: Definitions

Search 29 U.S.C. § 705 : US Code - Section 705: Definitions

For the purposes of this chapter:
(1) Administrative costs
The term "administrative costs" means expenditures incurred in
the performance of administrative functions under the vocational
rehabilitation program carried out under subchapter I of this
chapter, including expenses related to program planning,
development, monitoring, and evaluation, including expenses for -

(A) quality assurance;
(B) budgeting, accounting, financial management, information
systems, and related data processing;
(C) providing information about the program to the public;
(D) technical assistance and support services to other State
agencies, private nonprofit organizations, and businesses and
industries, except for technical assistance and support
services described in section 723(b)(5) of this title;
(E) the State Rehabilitation Council and other advisory
committees;
(F) professional organization membership dues for designated
State unit employees;
(G) the removal of architectural barriers in State vocational
rehabilitation agency offices and State operated rehabilitation
facilities;
(H) operating and maintaining designated State unit
facilities, equipment, and grounds;
(I) supplies;
(J) administration of the comprehensive system of personnel
development described in section 721(a)(7) of this title,
including personnel administration, administration of
affirmative action plans, and training and staff development;
(K) administrative salaries, including clerical and other
support staff salaries, in support of these administrative
functions;
(L) travel costs related to carrying out the program, other
than travel costs related to the provision of services;
(M) costs incurred in conducting reviews of rehabilitation
counselor or coordinator determinations under section 722(c) of
this title; and
(N) legal expenses required in the administration of the
program.
(2) Assessment for determining eligibility and vocational
rehabilitation needs
The term "assessment for determining eligibility and vocational
rehabilitation needs" means, as appropriate in each case -
(A)(i) a review of existing data -
(I) to determine whether an individual is eligible for
vocational rehabilitation services; and
(II) to assign priority for an order of selection described
in section 721(a)(5)(A) of this title in the States that use
an order of selection pursuant to section 721(a)(5)(A) of
this title; and
(ii) to the extent necessary, the provision of appropriate
assessment activities to obtain necessary additional data to
make such determination and assignment;
(B) to the extent additional data is necessary to make a
determination of the employment outcomes, and the 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,
which comprehensive assessment -
(i) is limited to information that is necessary to identify
the rehabilitation needs of the individual and to develop the
individualized plan for employment of the eligible
individual;
(ii) uses, as a primary source of such information, to the
maximum extent possible and appropriate and in accordance
with confidentiality requirements -
(I) existing information obtained for the purposes of
determining the eligibility of the individual and assigning
priority for an order of selection described in section
721(a)(5)(A) of this title for the individual; and
(II) such information as can be provided by the
individual and, where appropriate, by the family of the
individual;
(iii) may include, to the degree needed to make such a
determination, an assessment of the personality, interests,
interpersonal skills, intelligence and related functional
capacities, educational achievements, work experience,
vocational aptitudes, personal and social adjustments, and
employment opportunities of the individual, and the medical,
psychiatric, psychological, and other pertinent vocational,
educational, cultural, social, recreational, and
environmental factors, that affect the employment and
rehabilitation needs of the individual; and
(iv) may include, to the degree needed, an appraisal of the
patterns of work behavior of the individual and services
needed for the individual to acquire occupational skills, and
to develop work attitudes, work habits, work tolerance, and
social and behavior patterns necessary for successful job
performance, including the utilization of work in real job
situations to assess and develop the capacities of the
individual to perform adequately in a work environment;
(C) referral, for the provision of rehabilitation technology
services to the individual, to assess and develop the
capacities of the individual to perform in a work environment;
and
(D) an exploration of the individual's abilities,
capabilities, and capacity to perform in work situations, which
shall be assessed periodically during trial work experiences,
including experiences in which the individual is provided
appropriate supports and training.
(3) Assistive technology device
The term "assistive technology device" has the meaning given
such term in section 3002 of this title, except that the
reference in such section to the term "individuals with
disabilities" shall be deemed to mean more than one individual
with a disability as defined in paragraph (20)(A).
(4) Assistive technology service
The term "assistive technology service" has the meaning given
such term in section 3002 of this title, except that the
reference in such section -
(A) to the term "individual with a disability" shall be
deemed to mean an individual with a disability, as defined in
paragraph (20)(A); and
(B) to the term "individuals with disabilities" shall be
deemed to mean more than one such individual.
(5) Community rehabilitation program
The term "community rehabilitation program" means a program
that provides directly or facilitates the provision of vocational
rehabilitation services to individuals with disabilities, and
that provides, singly or in combination, for an individual with a
disability to enable the individual to maximize opportunities for
employment, including career advancement -
(A) medical, psychiatric, psychological, social, and
vocational services that are provided under one management;
(B) testing, fitting, or training in the use of prosthetic
and 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;
(G) assessment for determining eligibility and vocational
rehabilitation needs;
(H) rehabilitation technology;
(I) job development, placement, and retention services;
(J) evaluation or control of specific disabilities;
(K) orientation and mobility services for individuals who are
blind;
(L) extended employment;
(M) psychosocial rehabilitation services;
(N) supported employment services and extended services;
(O) services to family members when necessary to the
vocational rehabilitation of the individual;
(P) personal assistance services; or
(Q) services similar to the services described in one of
subparagraphs (A) through (P).
(6) Construction; cost of construction
(A) Construction
The term "construction" means -
(i) the construction of new buildings;
(ii) the acquisition, expansion, remodeling, alteration,
and renovation of existing buildings; and
(iii) initial equipment of buildings described in clauses
(i) and (ii).
(B) Cost of construction
The term "cost of construction" includes architects' fees and
the cost of acquisition of land in connection with construction
but does not include the cost of offsite improvements.
(7) Repealed. Pub. L. 105-277, div. A, Sec. 101(f) [title VIII,
Sec. 402(c)(1)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-415
(8) Designated State agency; designated State unit
(A) Designated State agency
The term "designated State agency" means an agency designated
under section 721(a)(2)(A) of this title.
(B) Designated State unit
The term "designated State unit" means -
(i) any State agency unit required under section
721(a)(2)(B)(ii) of this title; or
(ii) in cases in which no such unit is so required, the
State agency described in section 721(a)(2)(B)(i) of this
title.
(9) Disability
The term "disability" means -
(A) except as otherwise provided in subparagraph (B), a
physical or mental impairment that constitutes or results in a
substantial impediment to employment; or
(B) for purposes of sections 701, 711, and 712 of this title,
and subchapters II, IV, V, and VII of this chapter, a physical
or mental impairment that substantially limits one or more
major life activities.
(10) Drug and illegal use of drugs
(A) Drug
The term "drug" means a controlled substance, as defined in
schedules I through V of section 202 of the Controlled
Substances Act (21 U.S.C. 812).
(B) Illegal use of drugs
The term "illegal use of drugs" means the use of drugs, the
possession or distribution of which is unlawful under the
Controlled Substances Act [21 U.S.C. 801 et seq.]. Such term
does not include the use of a drug taken under supervision by a
licensed health care professional, or other uses authorized by
the Controlled Substances Act or other provisions of Federal
law.
(11) Employment outcome
The term "employment outcome" means, with respect to an
individual -
(A) entering or retaining full-time or, if appropriate, part-
time competitive employment in the integrated labor market;
(B) satisfying the vocational outcome of supported
employment; or
(C) satisfying any other vocational outcome the Secretary may
determine to be appropriate (including satisfying the
vocational outcome of self-employment, telecommuting, or
business ownership),
in a manner consistent with this chapter.
(12) Establishment of a community rehabilitation program
The term "establishment of a community rehabilitation program"
includes the acquisition, expansion, remodeling, or alteration of
existing buildings necessary to adapt them to community
rehabilitation program purposes or to increase their
effectiveness for such purposes (subject, however, to such
limitations as the Secretary may determine, in accordance with
regulations the Secretary shall prescribe, in order to prevent
impairment of the objectives of, or duplication of, other Federal
laws providing Federal assistance in the construction of
facilities for community rehabilitation programs), and may
include such additional equipment and staffing as the
Commissioner considers appropriate.
(13) Extended services
The term "extended services" means ongoing support services and
other appropriate services, needed to support and maintain an
individual with a most significant disability in supported
employment, that -
(A) are provided singly or in combination and are organized
and made available in such a way as to assist an eligible
individual in maintaining supported employment;
(B) are based on a determination of the needs of an eligible
individual, as specified in an individualized plan for
employment; and
(C) are provided by a State agency, a nonprofit private
organization, employer, or any other appropriate resource,
after an individual has made the transition from support
provided by the designated State unit.
(14) Federal share
(A) In general
Subject to subparagraph (B), the term "Federal share" means
78.7 percent.
(B) Exception
The term "Federal share" means the share specifically set
forth in section 731(a)(3) of this title, except that with
respect to payments pursuant to part B of subchapter I of this
chapter to any State that are used to meet the costs of
construction of those rehabilitation facilities identified in
section 723(b)(2) of this title in such State, the Federal
share shall be the percentages determined in accordance with
the provisions of section 731(a)(3) of this title applicable
with respect to the State.
(C) Relationship to expenditures by a political subdivision
For the purpose of determining the non-Federal share with
respect to a State, expenditures by a political subdivision
thereof or by a local agency shall be regarded as expenditures
by such State, subject to such limitations and conditions as
the Secretary shall by regulation prescribe.
(15) Governor
The term "Governor" means a chief executive officer of a State.
(16) Impartial hearing officer
(A) In general
The term "impartial hearing officer" means an individual -
(i) who is not an employee of a public agency (other than
an administrative law judge, hearing examiner, or employee of
an institution of higher education);
(ii) who is not a member of the State Rehabilitation
Council described in section 725 of this title;
(iii) who has not been involved previously in the
vocational rehabilitation of the applicant or eligible
individual;
(iv) who has knowledge of the delivery of vocational
rehabilitation services, the State plan under section 721 of
this title, and the Federal and State rules governing the
provision of such services and training with respect to the
performance of official duties; and
(v) who has no personal or financial interest that would be
in conflict with the objectivity of the individual.
(B) Construction
An individual shall not be considered to be an employee of a
public agency for purposes of subparagraph (A)(i) solely
because the individual is paid by the agency to serve as a
hearing officer.
(17) Independent living core services
The term "independent living core services" means -
(A) information and referral services;
(B) independent living skills training;
(C) peer counseling (including cross-disability peer
counseling); and
(D) individual and systems advocacy.
(18) Independent living services
The term "independent living services" includes -
(A) independent living core services; and
(B)(i) counseling services, including psychological,
psychotherapeutic, and related services;
(ii) services related to securing housing or shelter,
including services related to community group living, and
supportive of the purposes of this chapter and of the
subchapters of this chapter, and adaptive housing services
(including appropriate accommodations to and modifications of
any space used to serve, or occupied by, individuals with
disabilities);
(iii) rehabilitation technology;
(iv) mobility training;
(v) services and training for individuals with cognitive and
sensory disabilities, including life skills training, and
interpreter and reader services;
(vi) personal assistance services, including attendant care
and the training of personnel providing such services;
(vii) surveys, directories, and other activities to identify
appropriate housing, recreation opportunities, and accessible
transportation, and other support services;
(viii) consumer information programs on rehabilitation and
independent living services available under this chapter,
especially for minorities and other individuals with
disabilities who have traditionally been unserved or
underserved by programs under this chapter;
(ix) education and training necessary for living in a
community and participating in community activities;
(x) supported living;
(xi) transportation, including referral and assistance for
such transportation and training in the use of public
transportation vehicles and systems;
(xii) physical rehabilitation;
(xiii) therapeutic treatment;
(xiv) provision of needed prostheses and other appliances and
devices;
(xv) individual and group social and recreational services;
(xvi) training to develop skills specifically designed for
youths who are individuals with disabilities to promote self-
awareness and esteem, develop advocacy and self-empowerment
skills, and explore career options;
(xvii) services for children;
(xviii) services under other Federal, State, or local
programs designed to provide resources, training, counseling,
or other assistance, of substantial benefit in enhancing the
independence, productivity, and quality of life of individuals
with disabilities;
(xix) appropriate preventive services to decrease the need of
individuals assisted under this chapter for similar services in
the future;
(xx) community awareness programs to enhance the
understanding and integration into society of individuals with
disabilities; and
(xxi) such other services as may be necessary and not
inconsistent with the provisions of this chapter.
(19) Indian; American Indian; Indian American; Indian tribe
(A) In general
The terms "Indian", "American Indian", and "Indian American"
mean an individual who is a member of an Indian tribe.
(B) Indian tribe
The term "Indian tribe" means any Federal or State Indian
tribe, band, rancheria, pueblo, colony, or community, including
any Alaskan native village or regional village corporation (as
defined in or established pursuant to the Alaska Native Claims
Settlement Act [43 U.S.C. 1601 et seq.]).
(20) Individual with a disability
(A) In general
Except as otherwise provided in subparagraph (B), the term
"individual with a disability" means any individual who -
(i) has a physical or mental impairment which for such
individual constitutes or results in a substantial impediment
to employment; and
(ii) can benefit in terms of an employment outcome from
vocational rehabilitation services provided pursuant to
subchapter I, III, or VI of this chapter.
(B) Certain programs; limitations on major life activities
Subject to subparagraphs (C), (D), (E), and (F), the term
"individual with a disability" means, for purposes of sections
701, 711, and 712 of this title, and subchapters II, IV, V, and
VII of this chapter, any person who -
(i) has a physical or mental impairment which substantially
limits one or more of such person's major life activities;
(ii) has a record of such an impairment; or
(iii) is regarded as having such an impairment.
(C) Rights and advocacy provisions
(i) In general; exclusion of individuals engaging in drug use
For purposes of subchapter V of this chapter, the term
"individual with a disability" does not include an individual
who is currently engaging in the illegal use of drugs, when a
covered entity acts on the basis of such use.
(ii) Exception for individuals no longer engaging in drug use
Nothing in clause (i) shall be construed to exclude as an
individual with a disability an individual who -
(I) has successfully completed a supervised drug
rehabilitation program and is no longer engaging in the
illegal use of drugs, or has otherwise been rehabilitated
successfully and is no longer engaging in such use;
(II) is participating in a supervised rehabilitation
program and is no longer engaging in such use; or
(III) is erroneously regarded as engaging in such use,
but is not engaging in such use;
except that it shall not be a violation of this chapter for a
covered entity to adopt or administer reasonable policies or
procedures, including but not limited to drug testing,
designed to ensure that an individual described in subclause
(I) or (II) is no longer engaging in the illegal use of
drugs.
(iii) Exclusion for certain services
Notwithstanding clause (i), for purposes of programs and
activities providing health services and services provided
under subchapters I, II, and III of this chapter, an
individual shall not be excluded from the benefits of such
programs or activities on the basis of his or her current
illegal use of drugs if he or she is otherwise entitled to
such services.
(iv) Disciplinary action
For purposes of programs and activities providing
educational services, local educational agencies may take
disciplinary action pertaining to the use or possession of
illegal drugs or alcohol against any student who is an
individual with a disability and who currently is engaging in
the illegal use of drugs or in the use of alcohol to the same
extent that such disciplinary action is taken against
students who are not individuals with disabilities.
Furthermore, the due process procedures at section 104.36 of
title 34, Code of Federal Regulations (or any corresponding
similar regulation or ruling) shall not apply to such
disciplinary actions.
(v) Employment; exclusion of alcoholics
For purposes of sections 793 and 794 of this title as such
sections relate to employment, the term "individual with a
disability" does not include any individual who is an
alcoholic whose current use of alcohol prevents such
individual from performing the duties of the job in question
or whose employment, by reason of such current alcohol abuse,
would constitute a direct threat to property or the safety of
others.
(D) Employment; exclusion of individuals with certain diseases
or infections
For the purposes of sections 793 and 794 of this title, as
such sections relate to employment, such term does not include
an individual who has a currently contagious disease or
infection and who, by reason of such disease or infection,
would constitute a direct threat to the health or safety of
other individuals or who, by reason of the currently contagious
disease or infection, is unable to perform the duties of the
job.
(E) Rights provisions; exclusion of individuals on basis of
homosexuality or bisexuality
For the purposes of sections 791, 793, and 794 of this title -

(i) for purposes of the application of subparagraph (B) to
such sections, the term "impairment" does not include
homosexuality or bisexuality; and
(ii) therefore the term "individual with a disability" does
not include an individual on the basis of homosexuality or
bisexuality.
(F) Rights provisions; exclusion of individuals on basis of
certain disorders
For the purposes of sections 791, 793, and 794 of this title,
the term "individual with a disability" does not include an
individual on the basis of -
(i) transvestism, transsexualism, pedophilia,
exhibitionism, voyeurism, gender identity disorders not
resulting from physical impairments, or other sexual behavior
disorders;
(ii) compulsive gambling, kleptomania, or pyromania; or
(iii) psychoactive substance use disorders resulting from
current illegal use of drugs.
(G) Individuals with disabilities
The term "individuals with disabilities" means more than one
individual with a disability.
(21) Individual with a significant disability
(A) In general
Except as provided in subparagraph (B) or (C), the term
"individual with a significant disability" means an individual
with a disability -
(i) who has a severe physical or mental impairment which
seriously limits one or more functional capacities (such as
mobility, communication, self-care, self-direction,
interpersonal skills, work tolerance, or work skills) in
terms of an employment outcome;
(ii) whose vocational rehabilitation can be expected to
require multiple vocational rehabilitation services over an
extended period of time; and
(iii) who has one or more physical or mental disabilities
resulting from amputation, arthritis, autism, blindness, burn
injury, cancer, cerebral palsy, cystic fibrosis, deafness,
head injury, heart disease, hemiplegia, hemophilia,
respiratory or pulmonary dysfunction, mental retardation,
mental illness, multiple sclerosis, muscular dystrophy,
musculo-skeletal disorders, neurological disorders (including
stroke and epilepsy), paraplegia, quadriplegia, and other
spinal cord conditions, sickle cell anemia, specific learning
disability, end-stage renal disease, or another disability or
combination of disabilities determined on the basis of an
assessment for determining eligibility and vocational
rehabilitation needs described in subparagraphs (A) and (B)
of paragraph (2) to cause comparable substantial functional
limitation.
(B) Independent living services and centers for independent
living
For purposes of subchapter VII of this chapter, the term
"individual with a significant disability" means an individual
with a severe physical or mental impairment whose ability to
function independently in the family or community or whose
ability to obtain, maintain, or advance in employment is
substantially limited and for whom the delivery of independent
living services will improve the ability to function, continue
functioning, or move toward functioning independently in the
family or community or to continue in employment, respectively.
(C) Research and training
For purposes of subchapter II of this chapter, the term
"individual with a significant disability" includes an
individual described in subparagraph (A) or (B).
(D) Individuals with significant disabilities
The term "individuals with significant disabilities" means
more than one individual with a significant disability.
(E) Individual with a most significant disability
(i) In general
The term "individual with a most significant disability",
used with respect to an individual in a State, means an
individual with a significant disability who meets criteria
established by the State under section 721(a)(5)(C) of this
title.
(ii) Individuals with the most significant disabilities
The term "individuals with the most significant
disabilities" means more than one individual with a most
significant disability.
(22) Individual's representative; applicant's representative
The terms "individual's representative" and "applicant's
representative" mean a parent, a family member, a guardian, an
advocate, or an authorized representative of an individual or
applicant, respectively.
(23) Institution of higher education
The term "institution of higher education" has the meaning
given the term in section 1001 of title 20.
(24) Local agency
The term "local agency" means an agency of a unit of general
local government or of an Indian tribe (or combination of such
units or tribes) which has an agreement with the designated State
agency to conduct a vocational rehabilitation program under the
supervision of such State agency in accordance with the State
plan approved under section 721 of this title. Nothing in the
preceding sentence of this paragraph or in section 721 of this
title shall be construed to prevent the local agency from
arranging to utilize another local public or nonprofit agency to
provide vocational rehabilitation services if such an arrangement
is made part of the agreement specified in this paragraph.
(25) Local workforce investment board
The term "local workforce investment board" means a local
workforce investment board established under section 117 of the
Workforce Investment Act of 1998 [29 U.S.C. 2832].
(26) Nonprofit
The term "nonprofit", when used with respect to a community
rehabilitation program, means a community rehabilitation program
carried out by a corporation or association, no part of the net
earnings of which inures, or may lawfully inure, to the benefit
of any private shareholder or individual and the income of which
is exempt from taxation under section 501(c)(3) of title 26.
(27) Ongoing support services
The term "ongoing support services" means services -
(A) provided to individuals with the most significant
disabilities;
(B) provided, at a minimum, twice monthly -
(i) to make an assessment, regarding the employment
situation, at the worksite of each such individual in
supported employment, or, under special circumstances,
especially at the request of the client, off site; and
(ii) based on the assessment, to provide for the
coordination or provision of specific intensive services, at
or away from the worksite, that are needed to maintain
employment stability; and
(C) consisting of -
(i) a particularized assessment supplementary to the
comprehensive assessment described in paragraph (2)(B);
(ii) the provision of skilled job trainers who accompany
the individual for intensive job skill training at the
worksite;
(iii) job development, job retention, and placement
services;
(iv) social skills training;
(v) regular observation or supervision of the individual;
(vi) followup services such as regular contact with the
employers, the individuals, the individuals' representatives,
and other appropriate individuals, in order to reinforce and
stabilize the job placement;
(vii) facilitation of natural supports at the worksite;
(viii) any other service identified in section 723 of this
title; or
(ix) a service similar to another service described in this
subparagraph.
(28) Personal assistance services
The term "personal assistance services" means a range of
services, provided by one or more persons, designed to assist an
individual with a disability to perform daily living activities
on or off the job that the individual would typically perform if
the individual did not have a disability. Such services shall be
designed to increase the individual's control in life and ability
to perform everyday activities on or off the job.
(29) Public or nonprofit
The term "public or nonprofit", used with respect to an agency
or organization, includes an Indian tribe.
(30) Rehabilitation technology
The term "rehabilitation technology" means the systematic
application of technologies, engineering methodologies, or
scientific principles to meet the needs of and address the
barriers confronted by individuals with disabilities in areas
which include education, rehabilitation, employment,
transportation, independent living, and recreation. The term
includes rehabilitation engineering, assistive technology
devices, and assistive technology services.
(31) Secretary
The term "Secretary", except when the context otherwise
requires, means the Secretary of Education.
(32) State
The term "State" includes, in addition to each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(33) State workforce investment board
The term "State workforce investment board" means a State
workforce investment board established under section 111 of the
Workforce Investment Act of 1998 [29 U.S.C. 2821].
(34) Statewide workforce investment system
The term "statewide workforce investment system" means a system
described in section 111(d)(2) of the Workforce Investment Act of
1998 [29 U.S.C. 2821(d)(2)].
(35) Supported employment
(A) In general
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 individuals, for individuals with the most
significant disabilities -
(i)(I) for whom competitive employment has not
traditionally occurred; or
(II) for whom competitive employment has been interrupted
or intermittent as a result of a significant disability; and
(ii) who, because of the nature and severity of their
disability, need intensive supported employment services for
the period, and any extension, described in paragraph (36)(C)
and extended services after the transition described in
paragraph (13)(C) in order to perform such work.
(B) Certain transitional employment
Such term includes transitional employment for persons who
are individuals with the most significant disabilities due to
mental illness.
(36) Supported employment services
The term "supported employment services" means ongoing support
services and other appropriate services needed to support and
maintain an individual with a most significant disability in
supported employment, that -
(A) are provided singly or in combination and are organized
and made available in such a way as to assist an eligible
individual to achieve competitive employment;
(B) are based on a determination of the needs of an eligible
individual, as specified in an individualized plan for
employment; and
(C) are provided by the designated State unit for a period of
time not to extend beyond 18 months, unless under special
circumstances the eligible individual and the rehabilitation
counselor or coordinator involved jointly agree to extend the
time in order to achieve the employment outcome identified in
the individualized plan for employment.
(37) Transition services
The term "transition services" means a coordinated set of
activities for a student, designed within an outcome-oriented
process, that promotes movement from school to post school
activities, including postsecondary education, vocational
training, integrated employment (including supported employment),
continuing and adult education, adult services, independent
living, or community participation. The coordinated set of
activities shall be based upon the individual student's needs,
taking into account the student's preferences and interests, and
shall include instruction, community experiences, the development
of employment and other post school adult living objectives, and,
when appropriate, acquisition of daily living skills and
functional vocational evaluation.
(38) Vocational rehabilitation services
The term "vocational rehabilitation services" means those
services identified in section 723 of this title which are
provided to individuals with disabilities under this chapter.
(39) Workforce investment activities
The term "workforce investment activities" means workforce
investment activities, as defined in section 101 of the Workforce
Investment Act of 1998 [29 U.S.C. 2801], that are carried out
under that Act.