Hearings

of the effectiveness of the program in meeting the goals

and priorities set forth in the plan, will form the basis

for the submission, from time to time as the Secretary

may require, of appropriate amendments to the plan. 5 (b) The Secretary shall approve any plan which he 6 finds fulfills the conditions specified in subsection (a) of this 7 section, and he shall disapprove any plan which does not 8 fulfill such conditions. Prior to such disapproval, the Secre9 tary shall notify a State of his intention to disapprove its plan, 10 and he shall afford such State reasonable notice and oppor11 tunity for hearing.

(c) Whenever the Secretary, after reasonable notice and 13 opportunity for hearing to the State agency administering 14 or supervising the administration of the State plan approved 15 under this section, finds that

(1) the plan has been so changed that it no longer complies with the requirements of subsection (a) of this

section; or

(2) in the administration of the plan there is a

failure to comply substantially with any such provision;

21 the Secretary shall notify such State agency that no further

2 23

payments will be made to the State under this title

(or in his discretion, that further payments will not be

made to the State only for the projects under the parts of 25 the State plan affected by such failure), until he is satisfied

1 there is no longer any such failure. Until he is so satisfied, 2 the Secretary shall make no further payments to such State 3 under this title (or shall limit payments to projects under 4 those parts of the State plan in which there is no such 5 failure).

(d) If any State is dissatisfied with the Secretary's ac7 tion under subsection (b) or (c) of this section, such State 8 may appeal to the United States district court for the district 9 where the capital of such State is located and judicial review 10 of such action shall be on the record in accordance with the 11 provisions of the Administrative Procedure Act.

INDIVIDUALIZED WRITTEN REHABILITATION PROGRAM

13 SEC. 102. (a) The Secretary shall insure that the in14 dividualized written rehabilitation program required by sec15 tion 101 (a) (9) of this Act in the case of each handicapped 16 individual is developed jointly by the vocational rehabilitation 17 counselor or coordinator and the handicapped individual (or, 18 in appropriate cases, his parents or guardians), and that such program meets the requirements set forth in subsection (b) 20 of this section. Such written program shall set forth the 21 terms and conditions, as well as the rights and remedies, 22 under which goods and services will be provided to the 23 individual.

(b) Each individualized written rehabilitation program shall be reviewed on an annual basis at which time each such

1 individual (or, in appropriate cases, his parents or guard2 ians) will be afforded an opportunity to review such pro3 gram and renegotiate its terms. Such program shall include, 4 but not be limited to, (1) a statement of long-range re5 habilitation goals for the individual and intermediate re6 habilitation objectives related to the attainment of such 7 goals, (2) a statement of the specific vocational and com8 prehensive rehabilitation services to be provided, (3) the 9 projected date for the initiation and the anticipated duration 10 of each such service, (4) objective criteria and an evalu11 ation procedure and schedule for determining whether such 12 objectives and goals are being achieved, and (5) a detailed 13 explanation of the availability of the client advocacy system 14 established pursuant to paragraph (7) of subsection (a) of 15 section 101.

16 (c) The Secretary shall also insure that (1) in de17 veloping and carrying out the individualized written re18 habilitation program required by section 101 in the case of 19 each handicapped individual primary emphasis is placed upon the determination ad achievement of a vocational goal 21 for such individual, (2) a decision that such an individual is 22 not capable of achieving such a goal is made only in full 23 consultation with such individual (or, in appropriate cases, 24 his parents or guardians), and only upon the certification, 25 as an amendment to such written program, that the evalua

1 tion of rehabilitation potential has demonstrated beyond 2 any reasonable doubt that such individual is not then capable 3 of achieving such a goal, and (3) any such decision shall 4 be reviewed at least annually in accordance with the above 5 procedure and criteria.

SCOPE OF VOCATIONAL REHABILITATION SERVICES

SEC. 103. (a) Vocational rehabilitation services pro8 vided under this Act are any goods or services necessary 9 to render a handicapped indvidual employable, including. 10 but not limited to, the following:

(1) evaluation of rehabilitation potential, including diagnostic and related services, incidental to the determination of eligibility for, and the nature and scope of,

services to be provided, including, where appropriate, examination by a physician skilled in the diagnosis and treatment of emotional disorders, or by a licensed psychologist in accordance with State laws and regulations,

or both;

(2) counseling, guidance, referral, placement, and client advocacy services for handicapped individuals, including follow-up, follow-along, and other postemployment services necessary to assist such individuals to maintain their employment and services designed to help handicapped individuals secure needed services from

other agencies, where such services are not available

under this Act;

(3) vocational and other training services for handi

4 capped individuals, which shall include personal and

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vocational adjustment, books, and other training mate

rials, and service to the families of such individuals as are necessary to the adjustment or rehabilitation of such individuals: Provided, That no training services in institutions of higher education shall be paid for with funds under this title unless maximum efforts have been made to secure grant assistance, in whole or in part, from other sources to pay for such training;

(4) physical and mental restoration services, including, but not limited to, (A) corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition which is

stable or slowly progressive and constitutes a substantial 18 handicap to employment, but is of such nature that such correction or modification may reasonably be ex

pected to eliminate or substantially reduce the handicap

within a reasonable length of time, (B) necessary hos

pitalization in connection with surgery or treatment, (C)

prosthetic and orthotic devices, (D) eye glasses and

visual services as prescribed by a physician skilled in the

79-885 72 - pt. 2 - 49

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