29 U.S.C. § 702

Rehabilitation Services Administration

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(a) There is established in the Office of the Secretary in the Department of Education a Rehabilitation Services Administration which shall be headed by a Commissioner (hereinafter in this chapter referred to as the “Commissioner”) appointed by the President by and with the advice and consent of the Senate. Such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of the Department for purposes of carrying out subchapters I, III, VI, and part B of subchapter VII. The Commissioner shall be an individual with substantial experience in rehabilitation and in rehabilitation program management. In the performance of the functions of the office, the Commissioner shall be directly responsible to the Secretary of Education or to the Under Secretary or an appropriate Assistant Secretary of such Department, as designated by the Secretary. The functions of the Commissioner shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Commissioner. Any reference in this chapter to duties to be carried out by the Commissioner shall be considered to be a reference to duties to be carried out by the Secretary of Education acting through the Commissioner. In carrying out any of the functions of the office under this chapter, the Commissioner shall be guided by general policies of the National Council on Disability established under subchapter IV of this chapter.(b) The Secretary of Education shall take whatever action is necessary to ensure that funds appropriated pursuant to this chapter are expended only for the programs, personnel, and administration of programs carried out under this chapter.(Pub. L. 93–112, § 3, as added Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1096; amended Pub. L. 113–128, title IV, § 403, July 22, 2014, 128 Stat. 1632.)Editorial NotesPrior Provisions

A prior section 702, Pub. L. 93–112, § 3, Sept. 26, 1973, 87 Stat. 357; Pub. L. 93–516, title I, § 101(a), Dec. 7, 1974, 88 Stat. 1617; Pub. L. 93–651, title I, § 101(a), Nov. 21, 1974, 89 Stat. 2–3; Pub. L. 95–602, title I, § 122(a)(2), (3), Nov. 6, 1978, 92 Stat. 2984; Pub. L. 99–506, title I, § 102, title X, § 1001(a)(1), Oct. 21, 1986, 100 Stat. 1808, 1841; Pub. L. 100–630, title II, § 201(a), Nov. 7, 1988, 102 Stat. 3303, related to the Rehabilitation Services Administration, prior to repeal by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093.

Amendments

2014—Subsec. (a). Pub. L. 113–128, § 403(1), inserted “in the Department of Education” after “Secretary” in first sentence, substituted “Such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of the Department for purposes of carrying out subchapters I, III, VI, and part B of subchapter VII.” for “Except for subchapters IV and V and as otherwise specifically provided in this chapter, such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of such Department for carrying out this chapter.” in second sentence, and inserted “of Education” after “to the Secretary” in fourth sentence and after “by the Secretary” in sixth sentence.

Subsec. (b). Pub. L. 113–128, § 403(2), inserted “of Education” after “Secretary”.

Statutory Notes and Related SubsidiariesAdditional Personnel for Office for the Blind and Visually Handicapped

Pub. L. 93–516, title II, § 208(a), Dec. 7, 1974, 88 Stat. 1629, provided that: “The Secretary of Health, Education, and Welfare [now Secretary of Education] is directed to assign to the Office for the Blind and Visually Handicapped of the Rehabilitation Services Administration of the Department of Health, Education, and Welfare [now Department of Education] ten additional full-time personnel (or their equivalent), five of whom shall be supportive personnel, to carry out duties related to the administration of the Randolph-Sheppard Act [section 107 et seq. of Title 20, Education].”

An identical provision is contained in Pub. L. 93–651, title II, § 208(a), Nov. 21, 1974, 89 Stat. 2–14.

Preference to Blind in Selecting Personnel

Pub. L. 93–516, title II, § 208(c), Dec. 7, 1974, 88 Stat. 1629, provided that: “In selecting personnel to fill any position under this section [authorizing assignment of 11 additional full-time personnel to the Office for the Blind and Visually Handicapped of the Rehabilitation Service Administration of the Department of Health, Education, and Welfare under subsecs. (a) and (b) of Pub. L. 93–516], the Secretary of Health, Education, and Welfare [now Secretary of Education] shall give preference to blind individuals.”

An identical provision is contained in Pub. L. 93–651, title II, § 208(c), Nov. 21, 1974, 89 Stat. 2–14.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1960–2023 · leading case: Michigan Dep't of Educ. v. United States Dep't of Educ., Lauro Cavazos, Sec'y, 875 F.2d 1196 (6th Cir. 1989).

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Michigan Dep't of Educ. v. United States Dep't of Educ., Lauro Cavazos, Sec'y, 875 F.2d 1196 (6th Cir. 1989). · cites it 3× “Neither section 3(b), 29 U.S.C. § 702 (b), requiring the Secretary to take steps to assure that program funds are properly spent, nor section 12(c), 29 U.”

Petri Cleaners, Inc. v. Auto. Employees, Laundry Drivers & Helpers Local No. 88, 349 P.2d 76 (Cal. 1960). “” (Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. § 702 .) The enforcement of the duty to bargain under the federal act has been practicable only because the necessary administrative machinery and statutory guides have been provided.”

Carrigan v. New York State Educ. Dep't, 485 F. Supp. 2d 131 (N.D.N.Y. 2007). “See 29 U.S.C. § 702 (a). RSA PD 97-04 states: The cost or the extent of VR services that an eligible individual may need to achieve a particular employment goal should not be considered in identifying the goal in the individual’s IPE.”

Rae v. Woburn Pub. Schs. (D. Mass. 2023). “151B against all Defendants (Count III); and (3) intentional infliction of emotional distress against Crowley and Nelson (Count IV).”

The Nat. Fed'n of the Blind v. Spellings, 562 F. Supp. 2d 74 (D.D.C. 2008). “’ ” 29 U.S.C. § 702 Note, Pub.L. No. 93-516, § 208 (a).”

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