to determine whether an individual is eligible for vocational rehabilitation services; and

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

to the extent necessary, the provision of appropriate assessment activities to obtain necessary additional data to make such determination and assignment;

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;

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

such information as can be provided by the individual and, where appropriate, by the family of the individual;

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;

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; and

to the maximum extent possible, relies on information obtained from experiences in integrated employment settings in the community, and other integrated community settings;

to the term “individual with a disability” shall be deemed to mean an individual with a disability, as defined in paragraph (20)(A); and

to the term “individuals with disabilities” shall be deemed to mean more than 1 such individual.

shall be not less than the higher of the rate specified in

is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; or

in the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities, and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and

is eligible for the level of benefits provided to other employees;

the construction of new buildings;

the acquisition, expansion, remodeling, alteration, and renovation of existing buildings; and

initial equipment of buildings described in clauses (i) and (ii).

customizing a job description based on current employer needs or on previously unidentified and unmet employer needs;

developing a set of job duties, a work schedule and job arrangement, and specifics of supervision (including performance evaluation and review), and determining a job location;

representation by a professional chosen by the individual, or self-representation of the individual, in working with an employer to facilitate placement; and

providing services and supports at the job location.

any State agency unit required under section 721(a)(2)(B)(ii) of this title; or

in cases in which no such unit is so required, the State agency described in section 721(a)(2)(B)(i) of this title.

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);

who is not a member of the State Rehabilitation Council described in section 725 of this title;

who has not been involved previously in the vocational rehabilitation of the applicant or eligible individual;

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

who has no personal or financial interest that would be in conflict with the objectivity of the individual.

facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the requisite supports and services;

provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and

facilitate the transition of youth who are individuals with significant disabilities, who were eligible for individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)), and who have completed their secondary education or otherwise left school, to postsecondary life.

counseling services, including psychological, psychotherapeutic, and related services;

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);

rehabilitation technology;

mobility training;

services and training for individuals with cognitive and sensory disabilities, including life skills training, and interpreter and reader services;

personal assistance services, including attendant care and the training of personnel providing such services;

surveys, directories, and other activities to identify appropriate housing, recreation opportunities, and accessible transportation, and other support services;

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;

education and training necessary for living in a community and participating in community activities;

supported living;

transportation, including referral and assistance for such transportation and training in the use of public transportation vehicles and systems;

physical rehabilitation;

therapeutic treatment;

provision of needed prostheses and other appliances and devices;

individual and group social and recreational services;

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;

services for children;

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;

appropriate preventive services to decrease the need of individuals assisted under this chapter for similar services in the future;

community awareness programs to enhance the understanding and integration into society of individuals with disabilities; and

such other services as may be necessary and not inconsistent with the provisions of this chapter.

has a physical or mental impairment which for such individual constitutes or results in a substantial impediment to employment; and

can benefit in terms of an employment outcome from vocational rehabilitation services provided pursuant to subchapter I, III, or VI.

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;

is participating in a supervised rehabilitation program and is no longer engaging in such use; or

is erroneously regarded as engaging in such use, but is not engaging in such use;

for purposes of the application of subparagraph (B) to such sections, the term “impairment” does not include homosexuality or bisexuality; and

therefore the term “individual with a disability” does not include an individual on the basis of homosexuality or bisexuality.

transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

compulsive gambling, kleptomania, or pyromania; or

psychoactive substance use disorders resulting from current illegal use of drugs.

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;

whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and

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, intellectual disability, 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.

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

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

a particularized assessment supplementary to the comprehensive assessment described in paragraph (2)(B);

the provision of skilled job trainers who accompany the individual for intensive job skill training at the worksite;

job development, job retention, and placement services;

social skills training;

regular observation or supervision of the individual;

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;

facilitation of natural supports at the worksite;

any other service identified in section 723 of this title; or

a service similar to another service described in this subparagraph.

is not younger than the earliest age for the provision of transition services under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)); or

if the State involved elects to use a lower minimum age for receipt of pre-employment transition services under this chapter, is not younger than that minimum age; and

is not older than 21 years of age; or

if the State law for the State provides for a higher maximum age for receipt of services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), is not older than that maximum age; and

is eligible for, and receiving, special education or related services under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.); or

is an individual with a disability, for purposes of section 794 of this title.

for whom competitive integrated employment has not historically occurred; or

for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability; and

is not younger than 14 years of age; and

is not older than 24 years of age.