Rehabilitation Act of 1998, PL 105-220

What is the purpose of this law?
The purpose of the Rehabilitation Act is to assist States in operating statewide, comprehensive, coordinated, effective, efficient, and accountable programs of vocational rehabilitation, each of which is:

• An integral part of a statewide workforce investment system; and

• Designed to assess, plan, develop, and provide vocational rehabilitation services for individuals with disabilities, consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that such individuals may prepare for, secure, retain, or regain gainful employment.

It is the policy of the United States that such a program shall be carried out in a manner consistent with the following principles:

1. Individuals with disabilities, including individuals with the most significant disabilities, are generally assumed to be capable of engaging in gainful employment and the provision of individualized vocational rehabilitation services can improve their ability to become gainfully employed.

2. Individuals with disabilities must be provided the opportunity to obtain gainful employment in integrated settings.

3. Individuals who are applicants for such programs or eligible to participate in such programs must be active and full partners in the vocational rehabilitation process, making meaningful and informed choices:

   1. During assessments for determining eligibility and vocational rehabilitation needs; and

   2. In the selection of employment outcomes for the individuals, services needed to achieve the outcomes, entities providing such services, and the methods used to secure such services.

4. Families and other natural supports can play important roles in the success of a vocational rehabilitation program, if the individual with a disability involved requests, desires, or needs such supports.

5. Vocational rehabilitation counselors that are trained and prepared in accordance with State policies and procedures as described in section 101(a)(7)(B) (referred to individually in this title as a 'qualified vocational rehabilitation counselor') and other qualified personnel facilitate the accomplishment of the employment outcomes and objectives of an individual.

6. Individuals with disabilities and the individuals' representatives are full partners in a vocational rehabilitation program and must be involved on a regular basis and in a meaningful manner with respect to policy development and implementation.

7. Accountability measures must facilitate the accomplishment of the goals and objectives of the program, including providing vocational rehabilitation services to, among others, individuals with the most significant disabilities.

How is the Act implemented?
Once a state has opted to participate, an agency is designated with the responsibility to provide appropriate programs and services to assist people with disabilities to acquire skill and/or employment. When the person initially accesses the system, they may be evaluated. After they have been evaluated, they along with the Rehabilitation Service Provider will devise a plan which will give a plan which will give a step by step illustration of the person's employment goals and the steps needed to achieve those goals. This work plan is called the Individualized Plan for Employment (IPE). There is an example of the (IPE) in the appendices of this document.

What are the key changes to the Rehab Act Amendments of 1998?
On August 17th, 1998, The United States Department of Education, Office of Special Education and Rehabilitative Services released an Information Memorandum, RSA-IM-98-20, on the new amendments that highlights selected changes between the former and new statutory provisions related to the vocational rehabilitation program. Important themes include 1) expanding customer choice, 2) streamlining administrative procedures, and 3) increasing employment outcomes, and are highlighted below.

Expanding Customer Choice

• State VR agencies, in consultation with their state rehabilitation councils, must develop and implement policies and procedures which provide opportunities for eligible customers to exercise informed choice throughout the entire rehabilitation process.

• These policies and procedures must include information and the necessary supports that will empower applicants and eligible individuals in making informed choices.

• The Individualized Written Rehabilitation Program (IWRP) has been renamed and is now the Individualized Plan for Employment (IPE). An eligible individual is now seen as a collaborating partner with the qualified rehabilitation counselor in the development, monitoring, implementation, and evaluation of the IPE.

• Eligible individuals have the option of developing their own plans or requesting the assistance of the qualified VR counselor in the IPE development.

Streamlining Administrative Procedures

• The amendments maintain the requirement that a portion of the Title 1 formula grant funds allocated under Section 110 must be reserved to support innovative approaches to expand and improve vocational rehabilitation services, particularly to individuals with the most significant disabilities.

• Eligibility has been streamlined by establishing presumptive eligibility for individuals who are recipients of Supplemental Security Income (SSI) or are beneficiaries of Social Security Disability Insurance (SSDI). This does not establish entitlement to services for those individuals, but recognizes that they are in a group with the most severe disabilities who will apply for vocational rehabilitation services.

• A new provision eliminates the need for extended evaluation prior to determining that an individual with a significant disability is ineligible for services. Instead the Act provides for the use of trial work experiences, including on-the-job supports and/or training, before the State vocational rehabilitation agency can determine that an individual cannot benefit from vocational rehabilitation services.

What are the pertinent sections of the Act?
The most used Section of the Act is Section 504. Section 508, which is also Section 603 of the Electronic Equipment Access Act of 1990, has been addressed by Tech Act projects across the country.

What is my recourse if I believe that my rights under this Act have been violated?
If an individual believes that his or her rights have been violated by the rehabilitation agency, then the law provides that monies be set aside for a Client Assistance Program (CAP). The CAP program represents the individual against the agency all the way through an administrative appeals process in order to advocate for the client's rights. If, after completing this process, the individual is still dissatisfied with the results, then he or she may file a suit in Federal Court against the agency. If an individual believes that his or her rights have been violated by some other entity receiving federal funds, then the consumer may pursue a remedy under Section 504 of this act and/or The Americans With Disabilities Act.