Page:United States Statutes at Large Volume 112 Part 2.djvu/255

 PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 1139 services due to the severity of the disabiHty of the individual. "(3) PRESUMPTION OF ELIGIBILITY. — "(A) IN GENERAL.—For purposes of this section, an individual who has a disability or is blind as determined pursuant to title II or title XVI of the Social Security Act (42 U.S.C. 401 et seq. and 1381 et seq.) shall be— "(i) considered to be an individual with a significant disability under section 7(21)(A); and "(ii) presumed to be eligible for vocational rehabilitation services under this title (provided that the individual intends to achieve an employment outcome consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual) 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 in accordance with paragraph (2). "(B) CONSTRUCTION.— Nothing in this paragraph shall be construed to create an entitlement to any vocational rehabilitation service. "(4) USE OF EXISTING INFORMATION. — "(A) IN GENERAL.—To the maximum extent appropriate and consistent with the requirements of this part, for purposes of determining the eligibility of an individual for vocational rehabilitation services under this title and developing the individualized plan for employment described in subsection (b) for the individual, the designated State unit shall use information that is existing and current (as of the date of the determination of eligibility or of the development of the individualized plan for employ- ment), including information available from other programs and providers, particularly information used by education officials and the Social Security Administration, information provided by the individual and the family of the individual, and information obtained under the assessment for determining eligibility and vocational rehabilitation needs. "(B) DETERMINATIONS BY OFFICIALS OF OTHER AGEN- CIES. —Determinations made by officials of other agencies, particularly education officials described in section 101(a)(ll)(D), regarding whether an individual satisfies one or more factors relating to whether an individual is an individual with a disability under section 7(20)(A) or an individual with a significant disability under section 7(21)(A) shall be used, to the extent appropriate and consistent with the requirements of this part, in assisting the designated State unit in making such determinations. "(C) BASIS. —The determination of eligibility for vocational rehabilitation services shall be based on— "(i) the review of existing data described in section 7(2)(A)(i); and

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