29 U.S.C. § 760

Declaration of purpose

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The purpose of this subchapter is to—(1) provide for research, demonstration projects, training, technical assistance, and related activities to maximize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities of all ages, with particular emphasis on improving the effectiveness of services authorized under this chapter;(2) provide for a comprehensive and coordinated approach to the support and conduct of such research, demonstration projects, training, technical assistance, and related activities and to ensure that the approach is in accordance with the 5-year plan developed under section 762(h) of this title;(3) promote the transfer and use of rehabilitation technology to individuals with disabilities, in a timely and efficient manner, through research and demonstration projects relating to—(A) the procurement process for the purchase of rehabilitation technology;(B) the utilization of rehabilitation technology on a national basis;(C) specific adaptations or customizations of products to enable individuals with disabilities to live more independently; and(D) the development or transfer of assistive technology;(4) ensure the widespread dissemination, in usable formats, of practical scientific and technological information—(A) generated by research, demonstration projects, training, and related activities; and(B) regarding state-of-the-art practices, improvements in the services authorized under this chapter, rehabilitation technology, and new knowledge regarding disabilities,to rehabilitation professionals, individuals with disabilities, and other interested parties, including the general public;(5) identify effective strategies that enhance the opportunities of individuals with disabilities, including individuals with intellectual and psychiatric disabilities, to engage in employment, including employment involving telecommuting and self-employment;(6) identify strategies for effective coordination of services to job seekers with disabilities available through programs of one-stop partners, as defined in section 3102 of this title;(7) increase opportunities for researchers who are members of traditionally underserved populations, including researchers who are members of minority groups and researchers who are individuals with disabilities; and(8) identify effective strategies for supporting the employment of individuals with disabilities in competitive integrated employment.(Pub. L. 93–112, title II, § 200, as added Pub. L. 105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1167; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 401(16)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; Pub. L. 113–128, title IV, § 431, July 22, 2014, 128 Stat. 1660.)Editorial NotesPrior Provisions

A prior section 760, Pub. L. 93–112, title II, § 200, Sept. 26, 1973, 87 Stat. 374; Pub. L. 95–602, title I, § 107, Nov. 6, 1978, 92 Stat. 2962; Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810; Pub. L. 102–569, title II, § 201, Oct. 29, 1992, 106 Stat. 4398, contained congressional declaration of purpose, prior to the general amendment of this subchapter by Pub. L. 105–220.

Amendments

2014—Pars. (1), (2). Pub. L. 113–128, § 431(1), (2), inserted “technical assistance,” after “training,”.

Par. (3). Pub. L. 113–128, § 431(3), in introductory provisions, inserted “and use” after “transfer” and “, in a timely and efficient manner,” after “disabilities”.

Par. (4). Pub. L. 113–128, § 431(4), substituted “dissemination” for “distribution” in introductory provisions.

Par. (5). Pub. L. 113–128, § 431(5), inserted “, including individuals with intellectual and psychiatric disabilities,” after “disabilities” and struck out “and” after semicolon at end.

Par. (6). Pub. L. 113–128, § 431(7), added par. (6). Former par. (6) redesignated (7).

Par. (7). Pub. L. 113–128, § 431(6), redesignated par. (6) as (7).

Par. (8). Pub. L. 113–128, § 431(8), (9), added par. (8).

1998—Pub. L. 105–277 made technical amendment to directory language of Pub. L. 105–220, § 405, which enacted this section.

Notes of Decisions

Cited in 4 cases, 1996–2016 · leading case: Smith v. Bunkley, 171 A.3d 1118 (Del. Super. Ct. 2016).

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Smith v. Bunkley, 171 A.3d 1118 (Del. Super. Ct. 2016). “” 71 Furthermore, subsection (B) of Section 705(20) states that, “[s]ubject to subparagraphs (C), (D), (E), and (F), the term ‘individual with a disability’ means, for purposes of sections 701, 711, and 712 of this title and subchapters II, IV, V, and VII of this chapter [ 29…”

Betts v. Rector & Visitors of Univ. of Va., 939 F. Supp. 461 (W.D. Va. 1996). “10 Given (1) that the University itself has determined that plaintiffs needs warrant a doubling of the time in which he takes examinations, (2) the findings of the LNEC, and (3) the affidavit of the independent clinical psychologist retained by plaintiff (attesting to plaintiffs…”

Coppett v. Tennessee Valley Auth., 987 F. Supp. 2d 1264 (N.D. Ala. 2013). “§ 705 (20)(B) ("Subject to subparagraphs (C), (D), (É), and (F), the term “individual with a disability” means, for purposes of sections 701, 711, and 712 of this title and subchapters II, IV, V, and VII of this chapter [ 29 U.S.C.A. §§ 760 et seq., 780 et seq., 790 et seq.”

Robben v. U.S. Postal Serv. (10th Cir. 2000). “§705 (9) defines “disability” as follows: The term “disability” means– (A) except as otherwise provided in subparagraph (B), a physical or mental impairment that constitutes or results in a substantial impediment to employment; or (B) for purposes of sections 701, 713, and 714,…”

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