NDRN Recommendations to Senate HELP Committee on Vocational Rehabilitation Act Reauthorization

*Section 102 (29 U.S.C. § 722)* of the Rehabilitation Act of 1973 is hereby amended -

*[Waiver of Sovereign Immunity]*

(1) by inserting the following under subsection (c)(5)(J)

"(iii) A State shall not be immune under the 11th Amendment of the Constitution of the United States from suit in Federal court for any action brought for violation of this Title."

*[Clarification of notification rights]*

(2) by inserting the phrase "the denial" immediately after the word "upon" in subsection (2) (B) (iii).

[or as an alternative language, by striking subsection (2) (B)(iii) and replacing with the following "upon the denial, reduction, suspension, or cessation or vocational rehabilitation services for the individual."]

*[Timeframe for completion of the IPE]*

(3) by inserting the following under subsection (b)(2)

"(F) Timeframe for completing the individualized plan for employment

The individualized plan for employment shall be completed within 90 days of the determination of eligibility unless:

(i) There is a disagreement between the designated state unit and the eligible individual over the appropriate employment goal;

(ii) There is a disagreement between the designated state unit and the eligible individual over the service or services to be provided by the designated state agency; or

(iii) The designated state unit and the eligible individual agree to a specific extension in which to complete the individualized plan for employment.

(G) Failure to complete the individualized plan for employment within the specified time frame.

The eligible individual shall have the right to request both mediation and an impartial due process hearing according to the procedures under subsection (c) for the failure of the designated state unit to complete the individualized plan for employment within the timeframe specified in subsection (b)(2)(F). The hearing officer shall have the authority to order that the designated state unit complete the individualized plan for employment within a specific period of time not to exceed 60 days from the date of the decision in addition to any authority under subsection (c)(5).

*[Authority of the Impartial Hearing Officer]*

(4) by inserting the following after the last sentence of subsection (5)(A)

"The impartial hearing officer shall have at a minimum, in addition to the authority to affirm a decision by the designated state unit, the authority to

(i) order that an individual shall be deemed eligible for services, and as appropriate placement on any order of selection;

(ii) order that the designated state unit provide specific vocational rehabilitation service or services, including, but not limited to, assessment or evaluation services;

(iii) order that the designated state unit to accept a specific employment outcome for an eligible individual;

(iv) declare that a state regulation or policy is inconsistent with the Federal requirements specified in this title; and

(v) order that the designated state unit reimburse an eligible individual for the cost of any vocational rehabilitation services paid for by the eligible individual when the hearing officer determines

(I) that the service or services were required to achieve the employment outcome and should have been, but were not provided by the designated state unit;

(II) that the failure to provide such service or services was due to an unreasonable delay by the designated state unit in providing the service or services, or in completing any appropriate evaluation or assessment of the need for such services or services. Failure to complete the individualized employment plan within the time period proscribed in subsection (b)(2)(F) shall be presumed to constitute an unreasonable delay;

(III) that the eligible individual informed the designated state unit that they would seek out and pay for the service or services; and

(III) that there was no genuine good faith disagreement between the designated state unit and the eligible individual regarding the appropriate employment goal or vocational rehabilitation service or services to be provided by the designated state unit."

* [Training of Impartial Hearing Officers]*

(5) by inserting the following sentences after the first sentence of subsection (5)(B)

"Any new officer added to the list maintained under this subsection shall be appropriately trained by the state on the approved State plan, this Act (including regulations implementing this Act), and state regulations and policies that are consistent with the Federal requirements specified under this title. All officers on the list shall be appropriately trained by the state on any changes to the approved State plan, this Act (including regulations implementing this Act), and state regulations and policies that are consistent with the Federal requirements specified under this title. The Secretary shall promulgate regulations to implement this requirement."