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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations6339(Authority: Sec. 12(c) and 103(a)(4) of theAct; 29 U.S.C. 711(c) and 723(a)(4))(36) Physical or mental impairmentmeans an injury, disease, or othercondition that materially limits, or if nottreated is expected to materially limit,mental or physical functioning.(Authority: Sec. 7(8)(A) and 12(c) of the Act;29 U.S.C. 706(8)(A) and 711(c))(37) Post-employment services meansone or more of the services identified in§ 361.48 that are provided subsequent tothe achievement of an employmentoutcome and that are necessary for anindividual to maintain, regain, oradvance in employment, consistent withthe individual’s strengths, resources,priorities, concerns, abilities,capabilities, and interests.(Authority: Sec. 12(c) of the Act; 29 U.S.C.711(c))Note: Post-employment services areintended to ensure that the employmentoutcome remains consistent with theindividual’s strengths, resources, priorities,concerns, abilities, capabilities, and interests.These services are available to meetrehabilitation needs that do not require acomplex and comprehensive provision ofservices and, thus, should be limited in scopeand duration. If more comprehensive servicesare required, then a new rehabilitation effortshould be considered. Post-employmentservices are to be provided under anamended individualized writtenrehabilitation program; thus, a redeterminationof eligibility is not required.The provision of post-employment services issubject to the same requirements in this partas the provision of any other vocationalrehabilitation service. Post-employmentservices are available to assist an individualto maintain employment, e.g., theindividual’s employment is jeopardizedbecause of conflicts with supervisors or coworkersand the individual needs mentalhealth services and counseling to maintainthe employment; to regain employment, e.g.,the individual’s job is eliminated throughreorganization and new placement servicesare needed; and to advance in employment,e.g., the employment is no longer consistentwith the individual’s strengths, resources,priorities, concerns, abilities, capabilities,and interests.(38) Rehabilitation engineering meansthe systematic application ofengineering sciences to design, develop,adapt, test, evaluate, apply, anddistribute technological solutions toproblems confronted by individualswith disabilities in functional areas,such as mobility, communications,hearing, vision, and cognition, and inactivities associated with employment,independent living, education, andintegration into the community.(Authority: Secs. 7(13) and 12(c) of the Act;29 U.S.C. 706(13) and 711(c))(39) Rehabilitation technology meansthe systematic application oftechnologies, engineeringmethodologies, or scientific principlesto meet the needs of, and address thebarriers confronted by, individuals withdisabilities in areas that includeeducation, rehabilitation, employment,transportation, independent living, andrecreation. The term includesrehabilitation engineering, assistivetechnology devices, and assistivetechnology services.(Authority: Sec. 7(13) of the Act; 29 U.S.C.706(13))(40) Reservation means a Federal orState Indian reservation, public domainIndian allotment, former Indianreservation in Oklahoma, and land heldby incorporated Native groups, regionalcorporations, and village corporationsunder the provisions of the AlaskaNative Claims Settlement Act.(Authority: Sec. 130(c) of the Act; 29 U.S.C.750(c))(41) Sole local agency means a unit orcombination of units of general localgovernment or one or more Indian tribesthat has the sole responsibility under anagreement with, and the supervision of,the State agency to conduct a local ortribal vocational rehabilitation program,in accordance with the State plan.(Authority: Sec. 7(9) of the Act; 29 U.S.C.706(9))(42) State means any of the 50 States,the District of Columbia, theCommonwealth of Puerto Rico, theUnited States Virgin Islands, Guam,American Samoa, and theCommonwealth of the Northern MarianaIslands.(Authority: Sec. 7(16) of the Act; 29 U.S.C.706(16))(43) State plan means the State planfor vocational rehabilitation services orthe vocational rehabilitation servicespart of a consolidated rehabilitationplan under § 361.10(c).(Authority: Secs. 12(c) and 101 of the Act; 29U.S.C. 711(c) and 721)(44) Substantial impediment toemployment means that a physical ormental impairment (in light of attendantmedical, psychological, vocational,educational, and other related factors)hinders an individual from preparingfor, entering into, engaging in, orretaining employment consistent withthe individual’s abilities andcapabilities.(Authority: Secs. 7(8)(A) and 12(c) of the Act;29 U.S.C. 706(8)(A) and 711(c))(45) Supported employment means—(i) Competitive employment in anintegrated setting with ongoing supportservices for individuals with the mostsevere disabilities—(A) For whom competitiveemployment has not traditionallyoccurred or for whom competitiveemployment has been interrupted orintermittent as a result of a severedisability; and(B) Who, because of the nature andseverity of their disabilities, needintensive supported employmentservices from the designated State unitand extended services after transition inorder to perform this work; or(ii) Transitional employment forindividuals with the most severedisabilities due to mental illness.(Authority: Sec. 7(18) of the Act; 29 U.S.C.706(18)(A))(46) Supported employment servicesmeans ongoing support services andother appropriate services needed tosupport and maintain an individualwith a most severe disability insupported employment that areprovided by the designated State unit—(i) For a period of time not to exceed18 months, unless under specialcircumstances the eligible individualand the rehabilitation counselor orcoordinator jointly agree to extend thetime in order to achieve therehabilitation objectives identified inthe individualized written rehabilitationprogram; and(ii) Following transition, as postemploymentservices that areunavailable from an extended servicesprovider and that are necessary tomaintain or regain the job placement oradvance in employment.(Authority: Sec. 7(34) and 12(c) of the Act;29 U.S.C. 706(34) and 711(c))(47) Transition services means acoordinated set of activities for astudent designed within an outcomeorientedprocess that promotesmovement from school to post-schoolactivities, including postsecondaryeducation, vocational training,integrated employment (includingsupported employment), continuing andadult education, adult services,independent living, or communityparticipation. The coordinated set ofactivities must be based upon theindividual student’s needs, taking intoaccount the student’s preferences andinterests, and must include instruction,community experiences, thedevelopment of employment and otherpost-school adult living objectives, and,if appropriate, acquisition of daily livingskills and functional vocationalevaluation. Transition services must