34 CFR 373.4 - What definitions apply?
The following definitions apply to this part:
Act means the Rehabilitation Act of 1973, as amended.
(Authority: 29 U.S.C. 701 et seq.)
Early intervention means a service delivery or model demonstration program for adults with disabilities designed to begin the rehabilitation services as soon as possible after the onset or identification of actually or potentially disabling conditions. The populations served may include, but are not limited to, the following:
(a) Individuals with chronic and progressive diseases that may become more disabling, such as multiple sclerosis, progressive visual disabilities, or HIV.
(b) Individuals in the acute stages of injury or illness, including, but not limited to, diabetes, traumatic brain injury, stroke, burns, or amputation.
Employment outcome is defined in 34 CFR 361.5.
Individual with a disability is defined as follows:
(a) For an individual who will receive rehabilitation services under this part, an individual with a disability means an individual—
(1) Who has a physical or mental impairment which, for that individual, constitutes or results in a substantial impediment to employment; and
(1) Who has a physical or mental impairment that substantially limits one or more major life activities;
(c) For purposes of paragraph (b) of this definition, projects that carry out services or activities pertaining to Title V of the Act must also meet the requirements for “an individual with a disability” in section 7(20)(c) through (e) of the Act, as applicable.
(Authority: 29 U.S.C. 705(20)(A) and (B))
Individual with a significant disability means an individual—
(a) Who has a severe physical or mental impairment that 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;
(b) Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and
(c) 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 disabilities, 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 to cause comparable substantial functional limitation.
(Authority: 29 U.S.C. 705(21)(A))
Informed choice means the provision of activities whereby individuals with disabilities served by projects under this part have the opportunity to be active, full partners in the rehabilitation process, making meaningful and informed choices as follows:
(b) In the selection of employment outcomes, services needed to achieve the outcomes, entities providing these services, and the methods used to secure these services.
Rehabilitation services means services provided to an individual with a disability in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual. Rehabilitation services for an individual with a disability may include—
(a) An assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology;
(b) Counseling and guidance, including information and support services to assist an individual in exercising informed choice;
(d) Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services;
(e) Vocational and other training services, including the provision of personal and vocational adjustment services, books, tools, and other training materials;
(m) Technical assistance and other consultation services to conduct market analysis, develop business plans, and otherwise provide resources to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome;
(n) Rehabilitation technology, including telecommunications, sensory, and other technological aids and devices;
(o) Transition services for individuals with disabilities that facilitate the achievement of employment outcomes;
(q) Services to the family of an individual with a disability necessary to assist the individual to achieve an employment outcome;
(r) Post-employment services necessary to assist an individual with a disability to retain, regain, or advance in employment; and
(s) Expansion of employment opportunities for individuals with disabilities, which includes, but is not limited to—
(3) Collaborating with employers, Economic Development Councils, and others in creating new jobs and career advancement options in local job markets through the use of job restructuring and other methods; and
Substantial impediment to employment means that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual's capacities and abilities.
(Authority: 29 U.S.C. 705(20)(A))
Youth or Young adults with disabilities means individuals with disabilities who are between the ages of 16 and 26 inclusive when entering the program.
Title 34 published on 2014-07-01
no entries appear in the Federal Register after this date.