Page:United States Statutes at Large Volume 106 Part 5.djvu/738

 106 STAT. 4376 PUBLIC LAW 102-569—OCT. 29, 1992 "(A) a physical or mental impairment which for such individual constitutes or results in a substantial impediment to employment under section 7(8)(A)(i); and "(B) a severe physical or mental impairment which seriously limits one or more fimctional capacities in terms of an employment outcome under section 7(15)(A)(i). "(3) Determinations made by officials of other agencies, particularly the education officials described in section 101(a)(24), regarding whether an individual satisfies one or more factors relating to whether an individual is an individual with a disability under section 7(8)(A) or an individual with a severe disability under section 7(15)(A), shall be used (to the extent appropriate and available and consistent with the requirements under this Act) for making such determinations under this Act. "(4)(A) It shall be presumed that an individual can benefit in terms of an employment outcome from vocational rehabilitation services under section 7(8)(A)(ii), unless the designated State unit can demonstrate by clear and convincing evidence that such individual is incapable of benefiting from vocational rehabilitation services in terms of an employment outcome. "(B) In making the demonstration required under subparagraph (A) with respect to cases in which the issue concerns the severity of the disability of an individual, the designated State unit shall first conduct an extended evaluation by providing the services described in subparagraph (C)(iii)(I), and conducting the assessment described in subparagraph (C)(iii)(II), of section 7(22). "(5)(A) The designated State unit shall determine whether an individual is eligible for vocational rehabilitation services under this title within a reasonable period of time, not to exceed 60 days after the individual has submitted an application to receive the services unless— "(i) the designated State unit notifies the individual that exceptional and unforeseen circumstances beyond the control of the agency preclude the agency from completing the determination within the prescribed time and the individual agrees that an extension of time is warranted; or "(ii) such an extended evaluation is required. "(B) The determination of eligibility shall be based on the review of existing data described in section 7(22)(A)(i), and, to the extent necessary, the preliminary assessment described in section 7(22XA)(iii). "(6) The designated State unit shall ensure that a determination of ineligibility made with respect to an individual prior to the initiation of an individualized written rehabilitation program, based on the review, and to the extent necessary, the preliminary assessment, shall include specification of— "(A) the reasons for such a determination; "(B) the rights and remedies available to the individual, including, if appropriate, recourse to the processes set forth in subsections (DX2) and (d); and "(C) the availability of services provided by the client assistance program under section 112 to the individual.", (b) INDIVIDUALIZED WRITTEN REHABILITATION PROGRAM. —Section 102(b) (29 U.S.C. 722(b)) is amended— (1) by striking paragraph (1) and inserting the following: "(1)(A) As soon as a determination has been made that an individual is eligible for vocational rehabilitation services, the des-

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