
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC795k]

 
                             TITLE 29--LABOR
 
 CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
 
      SUBCHAPTER VI--EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH 
                              DISABILITIES
 
  Part B--Supported Employment Services for Individuals With the Most 
                        Significant Disabilities
 
Sec. 795k. 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 721 
of this title, a State plan supplement for providing supported 
employment services authorized under this chapter to individuals who are 
eligible under this chapter 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 part;
        (2) summarize the results of the comprehensive, statewide 
    assessment conducted under section 721(a)(15)(A)(i) of this title, 
    with respect to the rehabilitation needs of individuals 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 chapter to be provided to 
    individuals who are eligible under this chapter to receive the 
    services and specify the goals and plans of the State with respect 
    to the distribution of funds received under section 795h of this 
    title;
        (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) provide assurances that--
            (A) funds made available under this part will only be used 
        to provide supported employment services authorized under this 
        chapter to individuals who are eligible under this part to 
        receive the services;
            (B) the comprehensive assessments of individuals with 
        significant disabilities conducted under section 722(b)(1) of 
        this title and funded under subchapter I of this chapter will 
        include consideration of supported employment as an appropriate 
        employment outcome;
            (C) an individualized plan for employment, as required by 
        section 722 of this title, will be developed and updated using 
        funds under subchapter I of this chapter 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 plan for employment 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 
        subchapter I of this chapter, 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 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;

        (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.

(Pub. L. 93-112, title VI, Sec. 625, as added Pub. L. 105-220, title IV, 
Sec. 409, Aug. 7, 1998, 112 Stat. 1215; amended Pub. L. 105-277, div. A, 
Sec. 101(f) [title VIII, Sec. 402(b)(16)], Oct. 21, 1998, 112 Stat. 
2681-337, 2681-414.)


                            Prior Provisions

    Provisions similar to this section were contained in section 795n of 
this title prior to the general amendment of this subchapter by Pub. L. 
105-220.
    A prior section 795k, Pub. L. 93-112, title VI, Sec. 632, as added 
Pub. L. 102-569, title VI, Sec. 621(a), Oct. 29, 1992, 106 Stat. 4439, 
related to allotments, prior to the general amendment of this subchapter 
by Pub. L. 105-220. See section 795h of this title.
    Another prior section 795k, Pub. L. 93-112, title VI, Sec. 632, as 
added Pub. L. 99-506, title VII, Sec. 704(a)(1), Oct. 21, 1986, 100 
Stat. 1834, related to eligibility for services under former part C of 
this subchapter, prior to repeal by Pub. L. 102-569, Sec. 621(a).


                               Amendments

    1998--Pub. L. 105-277 made technical amendment in original to 
section designation and catchline.

                  Section Referred to in Other Sections

    This section is referred to in section 795l of this title.
