Section 504 of the Rehabilitation Act of 1973, Subsection 706

  • Section 706 - Definitions

For the purposes of this chapter:

  • (1) The term "construction" means the construction of new buildings, the acquisition, expansion, remodeling, alteration, and renovation of existing buildings, and initial equipment of such buildings, and the term "cost of construction" includes architects' fees and acquisition of land in connection with construction but does not include the cost of offsite improvements.
  • (2) The term "criminal act" means any crime, including an act, omission, or possession under the laws of the United States or a State or unit of general local government, which poses a substantial threat of personal injury, notwithstanding that by reason of age, insanity, intoxication or otherwise the person engaging in the act, omission, or possession was legally incapable of committing a crime.
  • (3)(A) The term "designated State agency" means an agency designated under section 721(a)(1)(A) of this title.
    • (B) The term "designated State unit" means (i) any State agency unit required under section 721(a)(2)(A) of this title, or (ii) in cases in which no such unit is so required, the State agency described in section 721(a)(1)(B)(i) of this title.
  • (4)(A) 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) 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.
  • (5) The term "employment outcome" means, with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market (including satisfying the vocational outcome of supported employment) or satisfying any other vocational outcome the Secretary may determine, consistent with this chapter.
  • (6) 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.
  • (7)(A) Subject to subparagraphs (B) and (C), the term "Federal share" means 78.7 percent.
    • (B) The term "Federal share" means 90 percent for the purposes of part C of subchapter I of this chapter and as 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 which 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) 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.
  • (8)(A) 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, VI, or VIII of this chapter.
    • (B) Subject to subparagraphs (C), (D), (E), and (F), the term "individual with a disability" means, for purposes of sections 701, 713, and 714 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)(i) 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) 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) 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) 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 34 CFR 104.36 shall not apply to such disciplinary actions. (v) 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) For the purpose 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) 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) 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.
  • (9) 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 State agency designated pursuant to section 721(a)(1) of this title 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 utilizing another local public or nonprofit agency to provide vocational rehabilitation services: Provided, That such an arrangement is made part of the agreement specified in this paragraph.
  • (10) 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.
  • (11) 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.
  • (12) The term "public safety officer" means a person serving the United States or a State or unit of general local government, with or without compensation, in any activity pertaining to -
    • (A) the enforcement of the criminal laws, including highway patrol, or the maintenance of civil peace by the National Guard or the Armed Forces,
    • (B) a correctional program, facility, or institution where the activity is potentially dangerous because of contact with criminal suspects, defendants, prisoners, probationers, or parolees,
    • (C) a court having criminal or juvenile delinquent jurisdiction where the activity is potentially dangerous because of contact with criminal suspects, defendants, prisoners, probationers, or parolees, or
    • (D) firefighting, fire prevention, or emergency rescue missions.
  • (13) 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.
  • (14) The term "Secretary", except when the context otherwise requires, means the Secretary of Education.
  • (15)(A) Except as provided in subparagraph (B) or (C), the term "individual with a severe 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 (C) of paragraph (22) to cause comparable substantial functional limitation.
    • (B) For purposes of subchapter VII of this chapter, the term "individual with a severe 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 towards functioning independently in the family or community or to continue in employment, respectively.
    • (C) For purposes of section 712 of this title and subchapter II of this chapter, the term "individual with a severe disability" includes an individual described in subparagraph (A) or (B).
  • (16) 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, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau (until the Compact of Free Association with Palau takes effect).
  • (17) 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.
  • (18)(A) The term "supported employment" means competitive work in integrated work settings for individuals with the most severe 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 severe 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 (34)(C) and extended services after the transition described in paragraph (27)(C) in order to perform such work.
    • (B) Such term includes transitional employment for persons who are individuals with the most severe disabilities due to mental illness.
  • (19) The term "public or nonprofit", with respect to an agency or organization, includes an Indian tribe.
  • (20) The terms "Indian", "American Indian", and "Indian American" mean an individual who is a member of an Indian tribe.
  • (21) 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.)).
  • (22) 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 the priority 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 additional data is necessary to make such determination and assignment, a preliminary assessment of such data (including the provision of goods and services during such assessment);
    • (B) to the extent additional data is necessary, a comprehensive assessment (including the administration of the assessment) of the unique strengths, resources, priorities, interests, and needs, including the need for supported employment, of an eligible individual to make a determination of the goals, objectives, nature, and scope of vocational rehabilitation services to be included in the individualized written rehabilitation program of the individual, which comprehensive assessment -
      • (i) is limited to information that is necessary to identify the rehabilitation needs of the individual and to develop the rehabilitation program of the 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; 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 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
    • (C)(i) referral; (ii) where appropriate, the provision of rehabilitation technology services to an individual with a disability to assess and develop the capacities of the individual to perform in a work environment; and
  • (iii)(I) the provision of vocational rehabilitation services to an individual for a total period not in excess of 18 months for the limited purpose of making determinations regarding whether an individual is eligible for vocational rehabilitation services and regarding the nature and scope of vocational rehabilitation services needed for such individual; and (II) an assessment at least once in every 90-day period during which such services are provided, of the results of the provision of such services to an individual to ascertain whether any of the determinations described in subclause (I) may be made. (23) The term "assistive technology device" has the meaning given such term in section 2202(2) 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 (8)(A). (24) The term "assistive technology service" has the meaning given such term in section 2202(3) 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 (8)(A); and
        • (B) to the term "individuals with disabilities" shall be deemed to mean more than one such individual. (25) 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). (26) 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, 713, and 714 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. (27) The term "extended services" means ongoing support services and other appropriate services, needed to support and maintain an individual with the most severe 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 integrated, competitive employment;
              • (B) are based on a determination of the needs of an eligible individual, as specified in an individualized written rehabilitation program; 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. (28)(A) 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 Advisory Council described in section 725 of this title;
                • (iii) who has not been involved in previous decisions regarding the vocational rehabilitation of the applicant or client;
                • (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) 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. (29) 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. (30) 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;
  • (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.
  • (31)(A) The term "individuals with disabilities" means more than one individual with a disability.
    • (B) The term "individuals with severe disabilities" means more than one individual with a severe disability.
    • (C) The term "individuals with the most severe disabilities" means more than one individual with the most severe disability.
  • (32) The term "institution of higher education" has the meaning given the term in section 1141(a) of title 20.
  • (33) The term "ongoing support services" means services -
    • (A) provided to individuals with the most severe 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 (22)(B);
      • (ii) the provision of skilled job trainers who accompany the individual for intensive job skill training at the work site;

        (FOOTNOTE 1)

        (FOOTNOTE 1) So in original. Probably should be "worksite;".

      • (iii) job development and placement;
      • (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 parents, family members, guardians, advocates, or authorized representatives of the individuals, and other suitable professional and informed advisors, 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.
  • (34) The term "supported employment services" means ongoing support services and other appropriate services needed to support and maintain an individual with the most severe disability in supported employment, that -
    • (A) are provided singly or in combination and are organized and made available in such a way to assist an eligible individual in entering or maintaining integrated, competitive employment;
    • (B) are based on a determination of the needs of an eligible individual, as specified in an individualized written rehabilitation program; 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 jointly agree to extend the time in order to achieve the rehabilitation objectives identified in the individualized written rehabilitation program.
  • (35) 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 post secondary 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.