Page:United States Statutes at Large Volume 112 Part 2.djvu/254

 112 STAT. 1138 PUBLIC LAW 105-220—AUG. 7, 1998 "(A) CONTRACTS WITH FOR-PROFIT ORGANIZATIONS. — The State plan shall provide that the designated State agency has the authority to enter into contracts with forprofit organizations for the purpose of providing, as vocational rehabilitation services, on-the-job training and related programs for individuals with disabilities under part A of title VI, upon a determination by such agency that such for-profit organizations are better qualified to provide such rehabilitation services than nonprofit agencies and organizations. " (B) COOPERATIVE AGREEMENTS WITH PRIVATE NON- PROFIT ORGANIZATIONS. —The State plan shall describe the manner in which cooperative agreements with private nonprofit vocational rehabilitation service providers will be established. " (b) APPROVAL; DISAPPROVAL OF THE STATE PLAN. — "(1) APPROVAL. —The Commissioner shall approve any plan that the Commissioner finds fulfills the conditions specified in this section, and shall disapprove any plan that does not fulfill such conditions. Notification. "(2) DISAPPROVAL. — Prior to disapproval of the State plan, the Commissioner shall notify the State of the intention to disapprove the plan and shall afford the State reasonable notice and opportunity for a hearing. 29 USC 722. " SEC. 102. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EMPLOYMENT. "(a) ELIGIBILITY.— "(1) CRITERION FOR ELIGIBILITY. — An individual is eligible for assistance under this title if the individual— "(A) is an individual with a disability under section 7(20)(A); and "(B) requires vocational rehabilitation services to prepare for, secure, retain, or regain employment. " (2) PRESUMPTION OF BENEFIT. — "(A) DEMONSTRATION.—For purposes of this section, an individual shall be presumed to be an individual that can benefit in terms of an employment outcome from vocational rehabilitation services under section 7(20)(A), unless the designated State unit involved can demonstrate by clear and convincing evidence that such individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation services due to the severity of the disability of the individual. "(B) METHODS. — In making the demonstration required under subparagraph (A), the designated State unit shall explore the individual's abilities, capabilities, and capacity to perform in work situations, through the use of trial work experiences, as described in section 7(2)(D), with appropriate supports provided through the designated State unit, except under limited circumstances when an individual cannot take advantage of such experiences. Such experiences shall be of sufficient variety and over a sufficient period of time to determine the eligibility of the individual or to determine the existence of clear and convincing evidence that the individual is incapable of benefiting in terms of an employment outcome from vocational rehabilitation

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