§795j. Eligibility

An individual, including a youth with a disability, shall be eligible under this subchapter to receive supported employment services authorized under this chapter if-

(1) the individual is eligible for vocational rehabilitation services under subchapter I;

(2) the individual is determined to be an individual with a most significant disability;

(3) for purposes of activities carried out with funds described in section 795h(d) of this title, the individual is a youth with a disability, as defined in section 705(42) of this title; ¹ and

(4) a comprehensive assessment of the rehabilitation needs of the individual described in section 705(2)(B) of this title, including an evaluation of rehabilitation, career, and job needs, identifies supported employment as the appropriate employment outcome for the individual.

(Pub. L. 93–112, title VI, §605, formerly §624, as added Pub. L. 105–220, title IV, §409, Aug. 7, 1998, 112 Stat. 1215 ; amended Pub. L. 105–277, div. A, §101(f) [title VIII, §402(b)(15)], Oct. 21, 1998, 112 Stat. 2681–337 , 2681-414; renumbered §605 and amended Pub. L. 113–128, title IV, §461(3), (7), July 22, 2014, 128 Stat. 1679 , 1680.)

Editorial Notes

References in Text

Section 705(42) of this title, referred to in par. (3), was in the original "section (7)(42)", and was translated as meaning section 7(42) of the Rehabilitation Act of 1973, which is classified to section 705(42) of this title, to reflect the probable intent of Congress.

Prior Provisions

Provisions similar to this section were contained in section 795m of this title prior to the general amendment of this subchapter by Pub. L. 105–220.

A prior section 795j, Pub. L. 93–112, title VI, §631, as added Pub. L. 102–569, title VI, §621(a), Oct. 29, 1992, 106 Stat. 4439 , stated purpose of program for supported employment services for individuals with severe disabilities, prior to the general amendment of this subchapter by Pub. L. 105–220. See section 795g of this title.

Another prior section 795j, Pub. L. 93–112, title VI, §631, as added Pub. L. 99–506, title VII, §704(a)(1), Oct. 21, 1986, 100 Stat. 1834 , outlined the purpose of former part C of this subchapter, prior to repeal by Pub. L. 102–569, §621(a).

Amendments

2014-Pub. L. 113–128, §461(7)(A), in introductory provisions, inserted ", including a youth with a disability," after "An individual" and substituted "this subchapter" for "this part".

Par. (1). Pub. L. 113–128, §461(7)(B), inserted "under subchapter I" after "rehabilitation services".

Pars. (3), (4). Pub. L. 113–128, §461(7)(C)–(F), added par. (3), redesignated former par. (3) as (4), and, in par. (4), substituted "assessment of the rehabilitation needs" for "assessment of rehabilitation needs".

1998-Pub. L. 105–277 made technical amendment to section designation and catchline in original.

¹ See References in Text note below.