assessment for determining eligibility and vocational rehabilitation needs
(2) Assessment for determining eligibility and vocational rehabilitation needs 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 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 (ii) to the extent necessary, the provision of appropriate assessment activities to obtain necessary additional data to make such determination and assignment; (B) to the extent additional data is necessary to make a determination of the employment outcomes, and the nature and scope of vocational rehabilitation services, to be included in the individualized plan for employment of an eligible individual, a comprehensive assessment to determine the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including the need for supported employment, of the eligible individual, which comprehensive assessment— (i) 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; (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 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 (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; (iv) 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 (v) to the maximum extent possible, relies on information obtained from experiences in integrated employment settings in the community, and other integrated community settings; (C) referral, for the provision of rehabilitation technology services to the individual, to assess and develop the capacities of the individual to perform in a work environment; and (D) an exploration of the individual’s abilities, capabilities, and capacity to perform in work situations, which shall be assessed periodically during trial work experiences, including experiences in which the individual is provided appropriate supports and training.
Source
29 USC § 705(2)
Scoping language
None identified, default scope is assumed to be this section only