[Code of Federal Regulations]
[Title 34, Volume 2, Parts 300 to 399]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR361]
[Page 287-338]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
PART 361--THE STATE VOCATIONAL REHABILITATION SERVICES PROGRAM
Subpart A--General
Sec.
361.1 Purpose.
361.2 Eligibility for a grant.
361.3 Authorized activities.
361.4 Applicable regulations.
361.5 Applicable definitions.
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Subpart B--State Plan for Vocational Rehabilitation Services
361.10 Submission, approval, and disapproval of the State plan.
361.11 Withholding of funds.
State Plan Content: Administration
361.12 Methods of administration.
361.13 State agency for administration.
361.14 Substitute State agency.
361.15 Local administration.
361.16 Establishment of an independent commission or a State
Rehabilitation Advisory Council.
361.17 Requirements for a State Rehabilitation Advisory Council.
361.18 Comprehensive system of personnel development.
361.19 Affirmative action for individuals with disabilities.
361.20 State plan development.
361.21 Consultations regarding the administration of the State plan.
361.22 Cooperation with agencies responsible for students with
disabilities.
361.23 Cooperation with other public agencies.
361.24 Coordination with the Statewide Independent Living Council.
361.25 Statewideness.
361.26 Waiver of statewideness.
361.27 Shared funding and administration of joint programs.
361.28 Third-party cooperative arrangements involving funds from other
public agencies.
361.29 Statewide studies and evaluations.
361.30 Services to special groups of individuals with disabilities.
361.31 Utilization of community resources.
361.32 Utilization of profitmaking organizations for on-the-job
training in connection with selected projects.
361.33 Use, assessment, and support of community rehabilitation
programs.
361.34 Supported employment plan.
361.35 Strategic plan.
361.36 Ability to serve all eligible individuals; order of selection
for services.
361.37 Establishment and maintenance of information and referral
programs.
361.38 Protection, use, and release of personal information.
361.39 State-imposed requirements.
361.40 Reports.
State Plan Content: Provision and Scope of Services
361.41 Processing referrals and applications.
361.42 Assessment for determining eligibility and priority for
services.
361.43 Procedures for ineligibility determination.
361.44 Closure without eligibility determination.
361.45 Development of the individualized written rehabilitation
program.
361.46 Content of the individualized written rehabilitation program.
361.47 Record of services.
361.48 Scope of vocational rehabilitation services for individuals with
disabilities.
361.49 Scope of vocational rehabilitation services for groups of
individuals with disabilities.
361.50 Written policies governing the provision of services for
individuals with disabilities.
361.51 Written standards for facilities and providers of services.
361.52 Opportunity to make informed choices.
361.53 Availability of comparable services and benefits.
361.54 Participation of individuals in cost of services based on
financial need.
361.55 Review of extended employment in community rehabilitation
programs or other employment under section 14(c) of the Fair
Labor Standards Act.
361.56 Individuals determined to have achieved an employment outcome.
361.57 Review of rehabilitation counselor or coordinator
determinations.
Subpart C--Financing of State Vocational Rehabilitation Programs
361.60 Matching requirements.
361.61 Limitation on use of funds for construction expenditures.
361.62 Maintenance of effort requirements.
361.63 Program income.
361.64 Obligation of Federal funds and program income.
361.65 Allotment and payment of Federal funds for vocational
rehabilitation services.
Subpart D--Strategic Plan for Innovation and Expansion of Vocational
Rehabilitation Services
361.70 Purpose of the strategic plan.
361.71 Procedures for developing the strategic plan.
361.72 Content of the strategic plan.
361.73 Use of funds.
361.74 Allotment of Federal funds.
Authority: 29 U.S.C. 711(c), unless otherwise noted.
Source: 62 FR 6334, Feb. 11, 1997, unless otherwise noted.
Subpart A--General
Sec. 361.1 Purpose.
Under the State Vocational Rehabilitation Services Program
(program), the Secretary provides grants to assist
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States in operating a comprehensive, coordinated, effective, efficient,
and accountable program that is designed to assess, plan, develop, and
provide vocational rehabilitation services for individuals with
disabilities, consistent with their strengths, resources, priorities,
concerns, abilities, capabilities, and informed choice, so that they may
prepare for and engage in gainful employment.
(Authority: Sec. 12(c) and 100(a)(2) of the Act; 29 U.S.C. 711(c) and
720(a)(2))
Sec. 361.2 Eligibility for a grant.
Any State that submits to the Secretary a State plan that meets the
requirements of section 101(a) of the Act and this part is eligible for
a grant under this program.
(Authority: Sec. 101(a) of the Act; 29 U.S.C. 721(a))
Sec. 361.3 Authorized activities.
The Secretary makes payments to a State to assist in--
(a) The costs of providing vocational rehabilitation services under
the State plan;
(b) Administrative costs under the State plan; and
(c) The costs of developing and implementing the strategic plan.
(Authority: Sec. 111(a)(1) of the Act; 29 U.S.C. 731(a)(1))
Sec. 361.4 Applicable regulations.
The following regulations apply to this program:
(a) The Education Department General Administrative Regulations
(EDGAR) as follows:
(1) 34 CFR part 74 (Administration of Grants to Institutions of
Higher Education, Hospitals, and Nonprofit Organizations), with respect
to subgrants to entities that are not State or local governments or
Indian tribal organizations.
(2) 34 CFR part 76 (State-Administered Programs).
(3) 34 CFR part 77 (Definitions that Apply to Department
Regulations).
(4) 34 CFR part 79 (Intergovernmental Review of Department of
Education Programs and Activities).
(5) 34 CFR part 80 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments), except for
Sec. 80.24(a)(2).
(6) 34 CFR part 81 (General Education Provisions Act-Enforcement).
(7) 34 CFR part 82 (New Restrictions on Lobbying).
(8) 34 CFR part 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace
(Grants)).
(9) 34 CFR part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this part 361.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
Sec. 361.5 Applicable definitions.
(a) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Department
EDGAR
Fiscal year
Nonprofit
Private
Public
Secretary
(b) Other definitions. The following definitions also apply to this
part:
(1) Act means the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.), as amended.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(2) Administrative costs under the State plan means expenditures
incurred in the performance of administrative functions under the
vocational rehabilitation program. Administrative costs include expenses
related to program planning, development, monitoring, and evaluation,
including, but not limited to, quality assurance; budgeting, accounting,
financial management, information systems, and related data processing;
providing information about the program to the public; technical
assistance to other State agencies, private nonprofit organizations, and
businesses and industries, except for technical assistance and support
services described in Sec. 361.49(a)(4); the State Rehabilitation
Advisory Council and other advisory committees; professional
organization membership dues for State unit employees; the removal
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of architectural barriers in State vocational rehabilitation agency
offices and State-operated rehabilitation facilities; operating and
maintaining State unit facilities, equipment, and grounds; supplies;
administration of the comprehensive system of personnel development,
including personnel administration, administration of affirmative action
plans, and training and staff development; administrative salaries,
including clerical and other support staff salaries, in support of these
functions; travel costs related to carrying out the program, other than
travel costs related to the provision of services; costs incurred in
conducting reviews of rehabilitation counselor or coordinator
determinations under Sec. 361.57; and legal expenses required in the
administration of the program.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(3) American Indian means an individual who is a member of an Indian
tribe.
(Authority: Sec. 7(20) of the Act; 29 U.S.C. 706(20))
(4) Applicant means an individual who submits an application for
vocational rehabilitation services in accordance with Sec. 361.41(b)(2).
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(5) Appropriate modes of communication means specialized aids and
supports that enable an individual with a disability to comprehend and
respond to information that is being communicated. Appropriate modes of
communication include, but are not limited to, the use of interpreters,
open and closed captioned videos, specialized telecommunications
services and audio recordings, Brailled and large print materials,
materials in electronic formats, augmentative communication devices,
graphic presentations, and simple language materials.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(6) Assistive technology device means any item, piece of equipment,
or product system, whether acquired commercially off the shelf,
modified, or customized, that is used to increase, maintain, or improve
the functional capabilities of an individual with a disability.
(Authority: Sec. 7(23) of the Act; 29 U.S.C. 706(23))
(7) Assistive technology service means any service that directly
assists an individual with a disability in the selection, acquisition,
or use of an assistive technology device, including--
(i) The evaluation of the needs of an individual with a disability,
including a functional evaluation of the individual in his or her
customary environment;
(ii) Purchasing, leasing, or otherwise providing for the acquisition
by an individual with a disability of an assistive technology device;
(iii) Selecting, designing, fitting, customizing, adapting,
applying, maintaining, repairing, or replacing assistive technology
devices;
(iv) Coordinating and using other therapies, interventions, or
services with assistive technology devices, such as those associated
with existing education and rehabilitation plans and programs;
(v) Training or technical assistance for an individual with a
disability or, if appropriate, the family members, guardians, advocates,
or authorized representatives of the individual; and
(vi) Training or technical assistance for professionals (including
individuals providing education and rehabilitation services), employers,
or others who provide services to, employ, or are otherwise
substantially involved in the major life functions of individuals with
disabilities, to the extent that training or technical assistance is
necessary to the achievement of an employment outcome by an individual
with a disability.
(Authority: Sec. 7(24) and 12(c) of the Act; 29 U.S.C. 706(24) and
711(c))
(8) Community rehabilitation program.
(i) Community rehabilitation program means a program that provides
directly or facilitates the provision of one or more of the following
vocational rehabilitation services to individuals with disabilities to
enable those individuals to maximize their opportunities for employment,
including career advancement:
[[Page 291]]
(A) Medical, psychiatric, psychological, social, and vocational
services that are provided under one management.
(B) Testing, fitting, or training in the use of prosthetic and
orthotic devices.
(C) Recreational therapy.
(D) Physical and occupational therapy.
(E) Speech, language, and hearing therapy.
(F) Psychiatric, psychological, and social services, including
positive behavior management.
(G) Assessment for determining eligibility and vocational
rehabilitation needs.
(H) Rehabilitation technology.
(I) Job development, placement, and retention services.
(J) Evaluation or control of specific disabilities.
(K) Orientation and mobility services for individuals who are blind.
(L) Extended employment.
(M) Psychosocial rehabilitation services.
(N) Supported employment services and extended services.
(O) Services to family members if necessary to enable the applicant
or eligible individual to achieve an employment outcome.
(P) Personal assistance services.
(Q) Services similar to the services described in paragraphs (A)
through (P) of this definition.
(ii) For the purposes of this definition, the word program means an
agency, organization, or institution, or unit of an agency,
organization, or institution, that provides directly or facilitates the
provision of vocational rehabilitation services as one of its major
functions.
(Authority: Sec. 7(25) and 12(c) of the Act; 29 U.S.C. 706(25) and
711(c))
(9) Comparable services and benefits means services and benefits
that are--
(i) Provided or paid for, in whole or in part, by other Federal,
State, or local public agencies, by health insurance, or by employee
benefits;
(ii) Available to the individual at the time needed to achieve the
intermediate rehabilitation objectives in the individual's
Individualized Written Rehabilitation Program (IWRP) in accordance with
Sec. 361.53; and
(iii) Commensurate to the services that the individual would
otherwise receive from the vocational rehabilitation agency.
(Authority: Sec. 12(c) and 101(a)(8) of the Act; 29 U.S.C. 711(c) and
721(a)(8))
(10) Competitive employment means work--
(i) In the competitive labor market that is performed on a full-time
or part-time basis in an integrated setting; and
(ii) For which an individual is compensated at or above the minimum , but not less than the customary wage and level of benefits paid by
the employer for the same or similar work performed by individuals who
are not disabled.
(Authority: Sec. 7(5), 7(18), and 12(c) of the Act; 29 U.S.C. 706(5),
706(18), and 711(c))
(11) Construction of a facility for a public or nonprofit community
rehabilitation program means--
(i) The acquisition of land in connection with the construction of a
new building for a community rehabilitation program;
(ii) The acquisition of existing buildings;
(iii) The remodeling, alteration, or renovation of existing
buildings;
(iv) The construction of new buildings and expansion of existing
buildings;
(v) Architect's fees, site surveys, and soil investigation, if
necessary, in connection with the construction project;
(vi) The acquisition of initial fixed or movable equipment of any
new, newly acquired, newly expanded, newly remodeled, newly altered, or
newly renovated buildings that are to be used for community
rehabilitation program purposes; and
(vii) Other direct expenditures appropriate to the construction
project, except costs of off-site improvements.
(Authority: Sec. 7(1) and 12(c) of the Act; 29 U.S.C. 706(1) and 711(c))
(12) Designated State agency or State agency means the sole State
agency, designated in accordance with Sec. 361.13(a), to administer, or
supervise local administration of, the State plan for vocational
rehabilitation services. The term includes the State agency for
[[Page 292]]
individuals who are blind, if designated as the sole State agency with
respect to that part of the plan relating to the vocational
rehabilitation of individuals who are blind.
(Authority: Sec. 7(3)(A) and 101(a)(1)(A) of the Act; 29 U.S.C.
706(3)(A) and 721(a)(1)(A))
(13) Designated State unit or State unit means either--
(i) The State agency vocational rehabilitation bureau, division, or
other organizational unit that is primarily concerned with vocational
rehabilitation or vocational and other rehabilitation of individuals
with disabilities and that is responsible for the administration of the
vocational rehabilitation program of the State agency, as required under
Sec. 361.13(b); or
(ii) The independent State commission, board, or other agency that
has vocational rehabilitation, or vocational and other rehabilitation,
as its primary function.
(Authority: Sec. 7(3)(B) and 101(a)(2)(A) of the Act; 29 U.S.C.
706(3)(B) and 721(a)(2)(A))
(14) Eligible individual means an applicant for vocational
rehabilitation services who meets the eligibility requirements of
Sec. 361.42(a).
(Authority: Sec. 7(8)(a) and 102(a)(1) of the Act; 29 U.S.C. 706(8) and
722(a)(1))
(15) Employment outcome means, with respect to an individual,
entering or retaining full-time or, if appropriate, part-time
competitive employment in the integrated labor market to the greatest
extent practicable; supported employment; or any other type of
employment that is consistent with an individual's strengths, resources,
priorities, concerns, abilities, capabilities, interests, and informed
choice.
(Authority: Sec. 7(5), 12(c), 100(a)(2), and 102(b)(1)(B)(i) of the Act;
29 U.S.C. 706(5), 711(c), 720(a)(2), and 722(b)(1)(B)(i))
(16) Establishment, development, or improvement of a public or
nonprofit community rehabilitation program means--
(i) The establishment of a facility for a public or nonprofit
community rehabilitation program as defined in paragraph (b)(17) of this
section to provide vocational rehabilitation services to applicants or
eligible individuals;
(ii) Staffing, if necessary to establish, develop, or improve a
community rehabilitation program for the purpose of providing vocational
rehabilitation services to applicants or eligible individuals, for a
maximum period of four years, with Federal financial participation
available at the applicable matching rate for the following levels of
staffing costs:
(A) 100 percent of staffing costs for the first year.
(B) 75 percent of staffing costs for the second year.
(C) 60 percent of staffing costs for the third year.
(D) 45 percent of staffing costs for the fourth year; and
(iii) Other expenditures related to the establishment, development,
or improvement of a community rehabilitation program that are necessary
to make the program functional or increase its effectiveness in
providing vocational rehabilitation services to applicants or eligible
individuals, but are not ongoing operating expenses of the program.
(Authority: Secs. 7(6) and 12(c) of the Act; 29 U.S.C. 706(6) and
711(c))
(17) Establishment of a facility for a public or nonprofit community
rehabilitation program means--
(i) The acquisition of an existing building, and if necessary the
land in connection with the acquisition, if the building has been
completed in all respects for at least one year prior to the date of
acquisition and the Federal share of the cost of the acquisition is not
more than $300,000;
(ii) The remodeling or alteration of an existing building, provided
the estimated cost of remodeling or alteration does not exceed the
appraised value of the existing building;
(iii) The expansion of an existing building, provided that--
(A) The existing building is complete in all respects;
(B) The total size in square footage of the expanded building,
notwithstanding the number of expansions, is not greater than twice the
size of the existing building;
(C) The expansion is joined structurally to the existing building
and does not constitute a separate building; and
[[Page 293]]
(D) The costs of the expansion do not exceed the appraised value of
the existing building;
(iv) Architect's fees, site survey, and soil investigation, if
necessary in connection with the acquisition, remodeling, alteration, or
expansion of an existing building; and
(v) The acquisition of fixed or movable equipment, including the
costs of installation of the equipment, if necessary to establish,
develop, or improve a community rehabilitation program;
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(18) Extended employment means work in a non-integrated or sheltered
setting for a public or private nonprofit agency or organization that
provides compensation in accordance with the Fair Labor Standards Act
and any needed support services to an individual with a disability to
enable the individual to continue to train or otherwise prepare for
competitive employment, unless the individual through informed choice
chooses to remain in extended employment.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(19) Extended services, as used in the definition of ``Supported
employment,'' means ongoing support services and other appropriate
services that are needed to support and maintain an individual with a
most severe disability in supported employment and that are provided by
a State agency, a private nonprofit organization, employer, or any other
appropriate resource, from funds other than funds received under this
part, 34 CFR part 363, 34 CFR part 376, or 34 CFR part 380, after an
individual with a most severe disability has made the transition from
support provided by the designated State unit.
(Authority: Sec. 7(27) of the Act; 29 U.S.C. 706(27))
(20) Extreme medical risk means a probability of substantially
increasing functional impairment or death if medical services, including
mental health services, are not provided expeditiously.
(Authority: Secs. 12(c) and 101(a)(8) of the Act; 29 U.S.C. 711(c) and
721(a)(8))
(21) Family member, for purposes of receiving vocational
rehabilitation services in accordance with Sec. 361.48(a)(9), means an
individual--
(i) Who either--
(A) Is a relative or guardian of an applicant or eligible
individual; or
(B) Lives in the same household as an applicant or eligible
individual;
(ii) Who has a substantial interest in the well-being of that
individual; and
(iii) Whose receipt of vocational rehabilitation services is
necessary to enable the applicant or eligible individual to achieve an
employment outcome.
(Authority: Secs. 12(c) and 103(a)(3) of the Act; 29 U.S.C. 711(c) and
723(a)(3))
(22) Impartial hearing officer. (i) ``Impartial hearing officer''
means an individual who--
(A) Is not an employee of a public agency (other than an
administrative law judge, hearing examiner, or employee of an
institution of higher education);
(B) Is not a member of the State Rehabilitation Advisory Council for
the designated State unit;
(C) Has not been involved in previous decisions regarding the
vocational rehabilitation of the applicant or eligible individual;
(D) Has knowledge of the delivery of vocational rehabilitation
services, the State plan, and the Federal and State regulations
governing the provision of services;
(E) Has received training with respect to the performance of
official duties; and
(F) Has no personal, professional, or financial interest that would
be in conflict with the objectivity of the individual.
(ii) An individual may not be considered to be an employee of a
public agency for the purposes of this definition solely because the
individual is paid by the agency to serve as a hearing officer.
(Authority: Sec. 7(28) of the Act; 29 U.S.C. 706(28))
(23) Indian tribe means any Federal or State Indian tribe, band,
rancheria, pueblo, colony, or community, including any Alaskan native
village or regional village corporation (as defined
[[Page 294]]
in or established pursuant to the Alaska Native Claims Settlement Act).
(Authority: Sec. 7(21) of the Act; 29 U.S.C. 706(21))
(24) Individual who is blind means a person who is blind within the
meaning of the applicable State law.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(25) Individual with a disability, except in Secs. 361.17 (a), (b),
(c), and (j), 361.19, 361.20, and 361.51(b)(2), means an individual--
(i) Who has a physical or mental impairment;
(ii) Whose impairment constitutes or results in a substantial
impediment to employment; and
(iii) Who can benefit in terms of an employment outcome from the
provision of vocational rehabilitation services.
(Authority: Sec. 7(8)(A) of the Act; 29 U.S.C. 706(8)(A))
(26) Individual with a disability, for purposes of Secs. 361.17 (a),
(b), (c), and (j), 361.19, 361.20, and 361.51(b)(2), means an
individual--
(i) Who has a physical or mental impairment that substantially
limits one or more major life activities;
(ii) Who has a record of such an impairment; or
(iii) Who is regarded as having such an impairment.
(Authority: Sec. 7(8)(B) of the Act; 29 U.S.C. 706(8)(B))
(27) Individual with a most severe disability means an individual
with a severe disability who meets the designated State unit's criteria
for an individual with a most severe disability. These criteria must be
consistent with the requirements in Sec. 361.36(c)(3).
(Authority: Sec. 101(a)(5) of the Act; 29 U.S.C. 721(a)(5))
(28) Individual with a severe disability means an individual with a
disability--
(i) Who has a severe physical or mental impairment that seriously
limits one or more functional capacities (such as mobility,
communication, self-care, self-direction, interpersonal skills, work
tolerance, or work skills) in terms of an employment outcome;
(ii) Whose vocational rehabilitation can be expected to require
multiple vocational rehabilitation services over an extended period of
time; and
(iii) Who has one or more physical or mental disabilities resulting
from amputation, arthritis, autism, blindness, burn injury, cancer,
cerebral palsy, cystic fibrosis, deafness, head injury, heart disease,
hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental
retardation, mental illness, multiple sclerosis, muscular dystrophy,
musculo-skeletal disorders, neurological disorders (including stroke and
epilepsy), spinal cord conditions (including paraplegia and
quadriplegia), sickle cell anemia, specific learning disability, end-
stage renal disease, or another disability or combination of
disabilities determined on the basis of an assessment for determining
eligibility and vocational rehabilitation needs to cause comparable
substantial functional limitation.
(Authority: Sec. 7(15)(A) of the Act; 29 U.S.C. 708(15)(A))
(29) Individual's representative means any representative chosen by
an applicant or eligible individual, including a parent, guardian, other
family member, or advocate, unless a representative has been appointed
by a court to represent the individual, in which case the court-
appointed representative is the individual's representative.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(30) Integrated setting--
(i) With respect to the provision of services, means a setting
typically found in the community in which applicants or eligible
individuals interact with non-disabled individuals other than non-
disabled individuals who are providing services to those applicants or
eligible individuals;
(ii) With respect to an employment outcome, means a setting
typically found in the community in which applicants or eligible
individuals interact with non-disabled individuals, other than non-
disabled individuals who are providing services to those applicants or
eligible individuals, to the same extent that non-disabled individuals
in
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comparable positions interact with other persons.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
(31) Maintenance means monetary support provided to an eligible
individual or an individual receiving extended evaluation services for
those expenses, such as food, shelter, and clothing, that are in excess
of the normal expenses of the individual and that are necessitated by
the individual's participation in a program of vocational rehabilitation
services.
(Authority: Secs. 12(c) and 103(a)(5) of the Act; 29 U.S.C. 711(c) and
723(a)(5))
Note: The following are examples of expenses that would meet the
definition of maintenance. The examples are purely illustrative, do not
address all possible circumstances, and are not intended to substitute
for individual counselor judgement.
Example: The cost of a uniform or other suitable clothing that is
required for an individual's job placement or job seeking activities.
Example: The cost of short-term shelter that is required in order
for an individual to participate in vocational training at a site that
is not within commuting distance of an individual's home.
Example: The initial one-time costs, such as a security deposit or
charges for the initiation of utilities, that are required in order for
an individual to relocate for a job placement.
Example: The costs of an individual's participation in enrichment
activities related to that individual's training program.
(32) Nonprofit, with respect to a community rehabilitation program,
means a community rehabilitation program carried out by a corporation or
association, no part of the net earnings of which inures, or may
lawfully inure, to the benefit of any private shareholder or individual
and the income of which is exempt from taxation under section 501(c)(3)
of the Internal Revenue Code of 1954.
(Authority: Sec. 7(10) of the Act; 29 U.S.C. 706(10))
(33) Ongoing support services, as used in the definition of
``Supported employment''--
(i) Means services that are--
(A) Needed to support and maintain an individual with a most severe
disability in supported employment;
(B) Identified based on a determination by the designated State unit
of the individual's needs as specified in an individualized written
rehabilitation program; and
(C) Furnished by the designated State unit from the time of job
placement until transition to extended services, unless post-employment
services are provided following transition, and thereafter by one or
more extended services providers throughout the individual's term of
employment in a particular job placement or multiple placements if those
placements are being provided under a program of transitional
employment;
(ii) Must include an assessment of employment stability and
provision of specific services or the coordination of services at or
away from the worksite that are needed to maintain stability based on--
(A) At a minimum, twice-monthly monitoring at the worksite of each
individual in supported employment; or
(B) If under special circumstances, especially at the request of the
individual, the individualized written rehabilitation program provides
for off-site monitoring, twice-monthly meetings with the individual;
(iii) Consist of--
(A) Any particularized assessment supplementary to the comprehensive
assessment of rehabilitation needs described in this part;
(B) The provision of skilled job trainers who accompany the
individual for intensive job skill training at the work site;
(C) Job development and placement;
(D) Social skills training;
(E) Regular observation or supervision of the individual;
(F) Follow-up services including regular contact with the employers,
the individuals, the parents, family members, guardians, advocates or
authorized representatives of the individuals, and other suitable
professional and informed advisors, in order to reinforce and stabilize
the job placement;
(G) Facilitation of natural supports at the worksite;
[[Page 296]]
(H) Any other service identified in the scope of vocational
rehabilitation services for individuals, described in Sec. 361.48; or
(I) Any service similar to the foregoing services.
(Authority: Sec. 7(33) and 12(c) of the Act; 29 U.S.C. 706(33) and
711(c))
(34) Personal assistance services means a range of services provided
by one or more persons designed to assist an individual with a
disability to perform daily living activities on or off the job that the
individual would typically perform without assistance if the individual
did not have a disability. The services must be designed to increase the
individual's control in life and ability to perform everyday activities
on or off the job. The services must be necessary to the achievement of
an employment outcome and may be provided only while the individual is
receiving other vocational rehabilitation services. The services may
include training in managing, supervising, and directing personal
assistance services.
(Authority: Sec. 7(11) and 103(a)(15) of the Act; 29 U.S.C. 706(11) and
29 U.S.C. 723)
(35) Physical and mental restoration services means--
(i) Corrective surgery or therapeutic treatment that is likely,
within a reasonable period of time, to correct or modify substantially a
stable or slowly progressive physical or mental impairment that
constitutes a substantial impediment to employment;
(ii) Diagnosis of and treatment for mental or emotional disorders by
qualified personnel in accordance with State licensure laws;
(iii) Dentistry;
(iv) Nursing services;
(v) Necessary hospitalization (either inpatient or outpatient care)
in connection with surgery or treatment and clinic services;
(vi) Drugs and supplies;
(vii) Prosthetic, orthotic, or other assistive devices, including
hearing aids;
(viii) Eyeglasses and visual services, including visual training,
and the examination and services necessary for the prescription and
provision of eyeglasses, contact lenses, microscopic lenses, telescopic
lenses, and other special visual aids prescribed by personnel that are
qualified in accordance with State licensure laws;
(ix) Podiatry;
(x) Physical therapy;
(xi) Occupational therapy;
(xii) Speech or hearing therapy;
(xiii) Mental health services;
(xiv) Treatment of either acute or chronic medical complications and
emergencies that are associated with or arise out of the provision of
physical and mental restoration services, or that are inherent in the
condition under treatment;
(xv) Special services for the treatment of individuals with end-
stage renal disease, including transplantation, dialysis, artificial
kidneys, and supplies; and
(xvi) Other medical or medically related rehabilitation services.
(Authority: Sec. 12(c) and 103(a)(4) of the Act; 29 U.S.C. 711(c) and
723(a)(4))
(36) Physical or mental impairment means an injury, disease, or
other condition that materially limits, or if not treated 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 means one or more of the services
identified in Sec. 361.48 that are provided subsequent to the
achievement of an employment outcome and that are necessary for an
individual to maintain, regain, or advance in employment, consistent
with the 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 are intended to ensure that the
employment outcome remains consistent with the individual's strengths,
resources, priorities, concerns, abilities, capabilities, and interests.
These services are available to meet rehabilitation needs that do not
require a complex and comprehensive provision of services and, thus,
should be limited in scope and duration. If more comprehensive services
are required, then a new rehabilitation effort should be considered.
Post-employment services are to be provided under an amended
individualized written rehabilitation program; thus, a re-determination
of eligibility is not required. The provision of post-employment
services is subject to the same requirements
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in this part as the provision of any other vocational rehabilitation
service. Post-employment services are available to assist an individual
to maintain employment, e.g., the individual's employment is jeopardized
because of conflicts with supervisors or co-workers and the individual
needs mental health services and counseling to maintain the employment;
to regain employment, e.g., the individual's job is eliminated through
reorganization and new placement services are needed; and to advance in
employment, e.g., the employment is no longer consistent with the
individual's strengths, resources, priorities, concerns, abilities,
capabilities, and interests.
(38) Rehabilitation engineering means the systematic application of
engineering sciences to design, develop, adapt, test, evaluate, apply,
and distribute technological solutions to problems confronted by
individuals with disabilities in functional areas, such as mobility,
communications, hearing, vision, and cognition, and in activities
associated with employment, independent living, education, and
integration 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 means the systematic application of
technologies, engineering methodologies, or scientific principles to
meet the needs of, and address the barriers confronted by, individuals
with disabilities in areas that include education, rehabilitation,
employment, transportation, independent living, and recreation. The term
includes rehabilitation engineering, assistive technology devices, and
assistive technology services.
(Authority: Sec. 7(13) of the Act; 29 U.S.C. 706(13))
(40) Reservation means a Federal or State Indian reservation, public
domain Indian allotment, former Indian reservation in Oklahoma, and land
held by incorporated Native groups, regional corporations, and village
corporations under the provisions of the Alaska Native Claims Settlement
Act.
(Authority: Sec. 130(c) of the Act; 29 U.S.C. 750(c))
(41) Sole local agency means a unit or combination of units of
general local government or one or more Indian tribes that has the sole
responsibility under an agreement with, and the supervision of, the
State agency to conduct a local or tribal 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, the
Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands.
(Authority: Sec. 7(16) of the Act; 29 U.S.C. 706(16))
(43) State plan means the State plan for vocational rehabilitation
services or the vocational rehabilitation services part of a
consolidated rehabilitation plan under Sec. 361.10(c).
(Authority: Secs. 12(c) and 101 of the Act; 29 U.S.C. 711(c) and 721)
(44) Substantial impediment to employment means that a physical or
mental impairment (in light of attendant medical, psychological,
vocational, educational, and other related factors) hinders an
individual from preparing for, entering into, engaging in, or retaining
employment consistent with the individual's abilities and capabilities.
(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 an integrated setting with ongoing
support services for individuals with the most severe disabilities--
(A) For whom competitive employment has not traditionally occurred
or for whom competitive employment has been interrupted or intermittent
as a result of a severe disability; and
(B) Who, because of the nature and severity of their disabilities,
need intensive supported employment services from the designated State
unit and extended services after transition in order to perform this
work; or
(ii) Transitional employment for individuals with the most severe
disabilities due to mental illness.
(Authority: Sec. 7(18) of the Act; 29 U.S.C. 706(18)(A))
[[Page 298]]
(46) Supported employment services means ongoing support services
and other appropriate services needed to support and maintain an
individual with a most severe disability in supported employment that
are provided by the designated State unit--
(i) For a period of time not to exceed 18 months, unless under
special circumstances the eligible individual and the rehabilitation
counselor or coordinator jointly agree to extend the time in order to
achieve the rehabilitation objectives identified in the individualized
written rehabilitation program; and
(ii) Following transition, as post-employment services that are
unavailable from an extended services provider and that are necessary to
maintain or regain the job placement or advance 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 a coordinated set of activities for a
student designed within an outcome-oriented process that promotes
movement from school to post-school activities, including postsecondary
education, vocational training, integrated employment (including
supported employment), continuing and adult education, adult services,
independent living, or community participation. The coordinated set of
activities must be based upon the individual student's needs, taking
into account the student's preferences and interests, and must include
instruction, community experiences, the development of employment and
other post-school adult living objectives, and, if appropriate,
acquisition of daily living skills and functional vocational evaluation.
Transition services must promote or facilitate the accomplishment of
long-term rehabilitation goals and intermediate rehabilitation
objectives identified in the student's IWRP.
(Authority: Section 7(35) and 103(a)(14) of the Act; 29 U.S.C. 706(35)
and 723(a)(14))
(48) Transitional employment, as used in the definition of
``Supported employment,'' means a series of temporary job placements in
competitive work in integrated settings with ongoing support services
for individuals with the most severe disabilities due to mental illness.
In transitional employment, the provision of ongoing support services
must include continuing sequential job placements until job permanency
is achieved.
(Authority: Secs. 7(18) and 12(c) of the Act; 29 U.S.C. 706(18) and
711(c))
(49) Transportation means travel and related expenses that are
necessary to enable an applicant or eligible individual to participate
in a vocational rehabilitation service.
(Authority: Secs. 12(c) and 103(a)(10) of the Act; 29 U.S.C. 711(c) and
723(a)(10))
Note: The following are examples of expenses that would meet the
definition of transportation. The examples are purely illustrative, do
not address all possible circumstances, and are not intended to
substitute for individual counselor judgement.
Example: Travel and related expenses for a personal care attendant
or aide if the services of that person are necessary to enable the
applicant or eligible individual to travel to participate in any
vocational rehabilitation service.
Example: Short-term travel-related expenses, such as food and
shelter, incurred by an applicant participating in evaluation or
assessment services that necessitates travel.
Example: Relocation expenses incurred by an eligible individual in
connection with a job placement that is a significant distance from the
eligible individual's current residence.
Example: The purchase and repair of vehicles, including vans, but
not the modification of these vehicles, as modification would be
considered a rehabilitation technology service.
(50) Vocational rehabilitation services--
(i) If provided to an individual, means those services listed in
Sec. 361.48; and
(ii) If provided for the benefit of groups of individuals, also
means those services listed in Sec. 361.49.
(Authority: Sec. 103 (a) and (b) of the Act; 29 U.S.C. 723 (a) and (b))
Subpart B--State Plan for Vocational Rehabilitation Services
Sec. 361.10 Submission, approval, and disapproval of the State plan.
(a) Purpose. In order for a State to receive a grant under this
part, the designated State agency shall submit to
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the Secretary, and obtain approval of, a State plan that contains a
description of the State's vocational rehabilitation services program,
the plans and policies to be followed in carrying out the program, and
other information requested by the Secretary, in accordance with the
requirements of this part.
(b) Separate part relating to rehabilitation of individuals who are
blind. If a separate State agency administers or supervises the
administration of a separate part of the State plan relating to the
rehabilitation of individuals who are blind, that part of the State plan
must separately conform to all requirements under this part that are
applicable to a State plan.
(c) Consolidated rehabilitation plan. The State may choose to submit
a consolidated rehabilitation plan that includes the State plan for
vocational rehabilitation services and the State's plan for its program
for persons with developmental disabilities. The State planning and
advisory council for developmental disabilities and the agency
administering the State's program for persons with developmental
disabilities must concur in the submission of a consolidated
rehabilitation plan. A consolidated rehabilitation plan must comply
with, and be administered in accordance with, the Act and the
Developmental Disabilities Assistance and Bill of Rights Act, as
amended.
(d) Public participation. The State shall develop the State plan
with input from the public, through public meetings, in accordance with
the requirements of Sec. 361.20.
(e) Duration. The State plan must cover a multi-year period to be
determined by the Secretary.
(f) Submission of the State plan. The State shall submit the State
plan to the Secretary for approval--
(1) No later than July 1 of the year preceding the first fiscal year
for which the State plan is submitted; or
(2) With the prior approval of the Secretary, no later than the date
on which the State is required to submit a State plan under another
Federal law.
(g) Revisions to the State plan. The State shall submit to the
Secretary for approval revisions to the State plan in accordance with
the requirements of this part and 34 CFR 76.140.
(h) Approval. The Secretary approves a State plan and revisions to
the State plan that conform to the requirements of this part and section
101(a) of the Act.
(i) Disapproval. The Secretary disapproves a State plan that does
not conform to the requirements of this part and section 101(a) of the
Act, in accordance with the following procedures:
(1) Informal resolution. Prior to disapproving a State plan, the
Secretary attempts to resolve disputes informally with State officials.
(2) Notice. If, after reasonable effort has been made to resolve the
dispute, no resolution has been reached, the Secretary provides notice
to the State agency of the intention to disapprove the State plan and of
the opportunity for a hearing.
(3) State plan hearing. If the State agency requests a hearing, the
Secretary designates one or more individuals, either from the Department
or elsewhere, not responsible for or connected with the administration
of this program, to conduct a hearing in accordance with the provisions
of 34 CFR part 81, subpart A.
(4) Initial decision. The hearing officer issues an initial decision
in accordance with 34 CFR 81.41.
(5) Petition for review of an initial decision. The State agency may
seek the Secretary's review of the initial decision in accordance with
34 CFR part 81.
(6) Review by the Secretary. The Secretary reviews the initial
decision in accordance with 34 CFR 81.43.
(7) Final decision of the Department. The final decision of the
Department is made in accordance with 34 CFR 81.44.
(8) Judicial review. A State may appeal the Secretary's decision to
disapprove the State plan by filing a petition for review with the
United States Court of Appeals for the circuit in which the State is
located, in accordance with section 107(d) of the Act.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Sec. 6, 101 (a) and (b), and 107(d) of the Act; 20 U.S.C.
1231g(a); and 29 U.S.C. 705, 721 (a) and (b), and 727(d))
[[Page 300]]
Sec. 361.11 Withholding of funds.
(a) Basis for withholding. The Secretary may withhold or limit
payments under section 111, 124, or 632(a) of the Act, as provided by
section 107 (c) and (d) of the Act, if the Secretary determines that--
(1) The State plan, including the supported employment supplement,
has been so changed that it no longer conforms with the requirements of
this part or 34 CFR part 363; or
(2) In the administration of the State plan, there has been a
failure to comply substantially with any provision of that plan or a
program improvement plan established in accordance with section 106 of
the Act.
(b) Informal resolution. Prior to withholding or limiting payments
in accordance with this section, the Secretary attempts to resolve
disputed issues informally with State officials.
(c) Notice. If, after reasonable effort has been made to resolve the
dispute, no resolution has been reached, the Secretary provides notice
to the State agency of the intention to withhold or limit payments and
of the opportunity for a hearing.
(d) Withholding hearing. If the State agency requests a hearing, the
Secretary designates one or more individuals, either from the Department
or elsewhere, not responsible for or connected with the administration
of this program, to conduct a hearing in accordance with the provisions
of 34 CFR part 81, subpart A.
(e) Initial decision. The hearing officer issues an initial decision
in accordance with 34 CFR 81.41.
(f) Petition for review of an initial decision. The State agency may
seek the Secretary's review of the initial decision in accordance with
34 CFR 81.42.
(g) Review by the Secretary. The Secretary reviews the initial
decision in accordance with 34 CFR 81.43.
(h) Final decision of the Department. The final decision of the
Department is made in accordance with 34 CFR 81.44
(i) Judicial review. A State may appeal the Secretary's decision to
withhold or limit payments by filing a petition for review with the U.S.
Court of Appeals for the circuit in which the State is located, in
accordance with section 107(d) of the Act.
(Authority: Secs. 101(b), 107(c), and 107(d) of the Act; 29 U.S.C.
721(b), 727(c)(1) and (2), and 727(d))
State Plan Content: Administration
Sec. 361.12 Methods of administration.
The State plan must assure that the State agency, and the designated
State unit if applicable, employs methods of administration found
necessary by the Secretary for the proper and efficient administration
of the plan and for carrying out all functions for which the State is
responsible under the plan and this part. These methods must include
procedures to ensure accurate data collection and financial
accountability.
(Authority: Sec. 101(a)(6) of the Act; 29 U.S.C. 721(a)(6))
Sec. 361.13 State agency for administration.
(a) Designation of State agency. The State plan must designate a
State agency as the sole State agency to administer the State plan, or
to supervise its administration in a political subdivision of the State
by a sole local agency, in accordance with the following requirements:
(1) General. Except as provided in paragraphs (a) (2) and (3) of
this section, the State plan must provide that the designated State
agency is one of the following types of agencies:
(i) A State agency that is an independent State commission, board,
or other agency that has as its major function vocational rehabilitation
or vocational and other rehabilitation of individuals with disabilities.
(ii) The State agency administering or supervising the
administration of education or vocational education in the State,
provided that it includes a vocational rehabilitation unit as provided
in paragraph (b) of this section.
(iii) A State agency that includes a vocational rehabilitation unit,
as provided in paragraph (b) of this section, and at least two other
major organizational units, each of which administers one or more of the
State's major programs of public education, public health, public
welfare, or labor.
[[Page 301]]
(2) American Samoa. In the case of American Samoa, the State plan
must designate the Governor.
(3) Designated State agency for individuals who are blind. If a
State commission or other agency that provides assistance or services to
individuals who are blind is authorized under State law to provide
vocational rehabilitation services to individuals who are blind, and
this commission or agency is primarily concerned with vocational
rehabilitation or includes a vocational rehabilitation unit as provided
in paragraph (b) of this section, the State plan may designate that
agency as the sole State agency to administer the part of the plan under
which vocational rehabilitation services are provided for individuals
who are blind or to supervise its administration in a political
subdivision of the State by a sole local agency.
(b) Designation of State unit. (1) If the designated State agency is
of the type specified in paragraph (a)(1)(ii) or (a)(1)(iii) of this
section, or if the designated State agency specified in paragraph (a)(3)
of this section does not have as its major function vocational
rehabilitation or vocational and other rehabilitation of individuals
with disabilities, the State plan must assure that the agency (or each
agency if two agencies are designated) includes a vocational
rehabilitation bureau, division, or unit that--
(i) Is primarily concerned with vocational rehabilitation or
vocational and other rehabilitation of individuals with disabilities and
is responsible for the administration of the State agency's vocational
rehabilitation program under the State plan, including those
responsibilities specified in paragraph (c) of this section;
(ii) Has a full-time director;
(iii) Has a staff, at least 90 percent of whom are employed full
time on the rehabilitation work of the organizational unit; and
(iv) Is located at an organizational level and has an organizational
status within the State agency comparable to that of other major
organizational units of the agency or, in the case of an agency
described in paragraph (a)(1)(ii) of this section, is so located and has
that status or has a director who is the executive officer of the State
agency.
(2) In the case of a State that has not designated a separate State
agency for individuals who are blind, as provided for in paragraph
(a)(3) of this section, the State may assign responsibility for the part
of the plan under which vocational rehabilitation services are provided
to individuals who are blind to one organizational unit of the
designated State agency and may assign responsibility for the rest of
the plan to another organizational unit of the designated State agency, the provisions of paragraph (b)(1) of this section applying
separately to each of these units.
(c) Responsibility for administration. (1) The State plan must
assure that, at a minimum, the following activities are the
responsibility of the designated State unit or the sole local agency
under the supervision of the State unit:
(i) All decisions affecting eligibility for vocational
rehabilitation services, the nature and scope of available services, and
the provision of these services.
(ii) The determination that an individual has achieved an employment
outcome under Sec. 361.56.
(iii) Policy formulation and implementation.
(iv) The allocation and expenditure of vocational rehabilitation
funds.
(2) This responsibility may not be delegated to any other agency or
individual.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Sec. 101(a)(1) and 101(a)(2) of the Act; 29 U.S.C. 721(a)(1)
and 721(a)(2))
Sec. 361.14 Substitute State agency.
(a) General provisions. (1) If the Secretary has withheld all
funding from a State under Sec. 361.11, the State may designate another
agency to substitute for the designated State agency in carrying out the
State's program of vocational rehabilitation services.
(2) Any public or nonprofit private organization or agency within
the State or any political subdivision of the State is eligible to be a
substitute agency.
[[Page 302]]
(3) The substitute agency shall submit a State plan that meets the
requirements of this part.
(4) The Secretary makes no grant to a substitute agency until the
Secretary approves its plan.
(b) Substitute agency matching share. The Secretary does not make
any payment to a substitute agency unless it has provided assurances
that it will contribute the same matching share as the State would have
been required to contribute if the State agency were carrying out the
vocational rehabilitation program.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Sec. 107(c)(3) of the Act; 29 U.S.C. 727(c)(3))
Sec. 361.15 Local administration.
(a) If the State plan provides for local administration, it must--
(1) Identify each local agency;
(2) Assure that each local agency is under the supervision of the
designated State unit and is the sole local agency as defined in
Sec. 361.5(b)(41) that is responsible for the administration of the
program within the political subdivision that it serves; and
(3) Describe the methods each local agency will use to administer
the vocational rehabilitation program, in accordance with the State
plan.
(b) A separate local agency serving individuals who are blind may
administer that part of the plan relating to vocational rehabilitation
of individuals who are blind, under the supervision of the designated
State unit for individuals who are blind.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Sec. 7(9) and 101(a)(1)(A) of the Act; 29 U.S.C. 706(9) and
721(a)(1)(A))
Sec. 361.16 Establishment of an independent commission or a State
Rehabilitation Advisory Council.
(a) General requirement. Except as provided in paragraph (b) of this
section, the State plan must contain one of the following two
assurances:
(1) An assurance that the State agency is an independent State
commission that--
(i) Is primarily concerned with vocational rehabilitation or
vocational and other rehabilitation services, in accordance with
Sec. 361.13(a)(1)(i);
(ii) Is consumer-controlled by persons who--
(A) Are individuals with physical or mental impairments that
substantially limit major life activities; and
(B) Represent individuals with a broad range of disabilities;
(iii) Includes individuals representing family members, advocates,
and authorized representatives of individuals with mental impairments;
and
(iv) Conducts a review and analysis of the effectiveness of and
consumer satisfaction with vocational rehabilitation services and
providers in the State, in accordance with the provisions in
Sec. 361.17(h)(3).
(2) An assurance that--
(i) The State has established a State Rehabilitation Advisory
Council (Council) that meets the requirements of Sec. 361.17;
(ii) The designated State unit seeks and seriously considers, on a
regular and ongoing basis, advice from the Council regarding the
development, implementation, and amendment of the State plan, the
strategic plan, and other policies and procedures of general
applicability pertaining to the provision of vocational rehabilitation
services in the State;
(iii) The designated State unit transmits to the Council--
(A) All plans, reports, and other information required under the Act
to be submitted to the Secretary;
(B) Copies of all written policies, practices, and procedures of
general applicability provided to or used by rehabilitation personnel;
and
(C) Copies of due process hearing decisions in a manner that
preserves the confidentiality of the participants in the hearings; and
(iv) The State plan summarizes annually the advice provided by the
Council, including recommendations from the annual report of the
Council, the survey of consumer satisfaction, and other reports prepared
by the Council, and the State agency's response to the advice and
recommendations, including the manner in which the State will modify its
policies and procedures
[[Page 303]]
based on the survey of consumer satisfaction and explanations of reasons
for rejecting any advice or recommendations of the Council.
(b) Exception for separate State agency for individuals who are
blind. In the case of a State that designates a separate State agency,
under Sec. 361.13(a)(3), to administer the part of the State plan under
which vocational rehabilitation services are provided to individuals who
are blind, the State plan must contain one of the following four
assurances:
(1) An assurance that an independent commission in accordance with
paragraph (a)(1) of this section is responsible under State law for
operating or overseeing the operation of the vocational rehabilitation
program of both the State agency that administers the part of the State
plan under which vocational rehabilitation services are provided to
individuals who are blind and the State agency that administers the
remainder of the State plan.
(2) An assurance that--
(i) An independent commission that is consumer-controlled by, and
represents the interests of, individuals who are blind and conducts a
review and analysis of the effectiveness of and consumer satisfaction
with vocational rehabilitation services and providers, in accordance
with the provisions of Sec. 361.17(h)(3), is responsible under State law
for operating, or overseeing the operation of, the vocational
rehabilitation program in the State for individuals who are blind; and
(ii) An independent commission that is consumer-controlled in
accordance with paragraph (a)(1)(i) of this section and conducts a
review and analysis of the effectiveness of and consumer satisfaction
with vocational rehabilitation services and providers, in accordance
with Sec. 361.17(h)(3), is responsible under State law for operating, or
overseeing the operation of, the vocational rehabilitation program in
the State for all individuals with disabilities, except individuals who
are blind.
(3) An assurance that--
(i) An independent commission that is consumer-controlled by, and
represents the interests of, individuals who are blind and that conducts
a review and analysis of the effectiveness of and consumer satisfaction
with vocational rehabilitation services and providers, in accordance
with Sec. 361.17(h)(3), is responsible under State law for operating, or
overseeing the operation of, the vocational rehabilitation program in
the State for individuals who are blind; and
(ii) The State has established a State Rehabilitation Advisory
Council that meets the criteria in Sec. 361.17 and carries out the
duties of a Council with respect to functions for, and services provided
to, individuals with disabilities, except for individuals who are blind.
(4) An assurance that--
(i) An independent commission that is consumer-controlled in
accordance with paragraph (a)(1)(i) of this section and conducts a
review and analysis of the effectiveness of and consumer satisfaction
with vocational rehabilitation services and providers, in accordance
with the provisions of Sec. 361.17(h)(3), is responsible under State law
for operating or overseeing the operation of the vocational
rehabilitation services for all individuals in the State, except
individuals who are blind; and
(ii) The State has established a State Rehabilitation Advisory
Council that meets the criteria in Sec. 361.17 and carries out the
duties of a Council with respect to functions for, and services provided
to, individuals who are blind.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Sec. 101(a)(32) and 101(a)(36) of the Act; 29 U.S.C.
721(a)(32) and 721(a)(36))
Sec. 361.17 Requirements for a State Rehabilitation Advisory Council.
If the State plan contains an assurance that the State has
established a Council under Sec. 361.16(a)(2), (b)(3)(ii), or
(b)(4)(ii), the State plan must also contain an assurance that the
Council meets the following requirements:
(a) Appointment. (1) The members of the Council shall be--
(i) Appointed by the Governor; or
(ii) If State law vests appointment authority in an entity other
than, or in conjunction with, the Governor (such as one or more houses
of the State legislature or an independent board that
[[Page 304]]
has general appointment authority), appointed by that entity or
entities.
(2) The appointing authority shall select members of the Council
after soliciting recommendations from representatives of organizations
representing a broad range of individuals with disabilities and
organizations interested in individuals with disabilities.
(b) Composition--(1) General. Except as provided in paragraph (b)(3)
of this section, the Council shall be composed of at least 13 members,
including--
(i) At least one representative of the Statewide Independent Living
Council, who shall be the chairperson of, or other individual
recommended by, the Statewide Independent Living Council;
(ii) At least one representative of a parent training and
information center established pursuant to section 631(e)(1) of IDEA;
(iii) At least one representative of the Client Assistance Program
(CAP), established under 34 CFR part 370, who shall be the director of,
or other individual recommended by, the CAP;
(iv) At least one vocational rehabilitation counselor with knowledge
of and experience with vocational rehabilitation programs who serves as
an ex officio, nonvoting member if employed by the designated State
agency;
(v) At least one representative of community rehabilitation program
service providers;
(vi) Four representatives of business, industry, and labor;
(vii) Representatives of disability groups that include a cross
section of--
(A) Individuals with physical, cognitive, sensory, and mental
disabilities; and
(B) Parents, family members, guardians, advocates, or authorized
representatives of individuals with disabilities who have difficulty
representing themselves due to their disabilities;
(viii) Current or former applicants for, or recipients of,
vocational rehabilitation services; and
(ix) The director of the designated State unit as an ex officio,
nonvoting member.
(2) Employees of the designated State agency. Employees of the
designated State agency may serve only as nonvoting members of the
Council.
(3) Composition of a separate Council for a separate State agency
for individuals who are blind. Except as provided in paragraph (b)(4) of
this section, if the State establishes a separate Council for a separate
State agency for individuals who are blind, that Council shall--
(i) Conform with all of the composition requirements for a Council
under paragraph (b)(1) of this section, except the requirements in
paragraph (b)(1)(vii), unless the exception in paragraph (b)(4) of this
section applies; and
(ii) Include--
(A) At least one representative of a disability advocacy group
representing individuals who are blind; and
(B) At least one parent, family member, guardian, advocate, or
authorized representative of an individual who is blind, has multiple
disabilities, and has difficulty representing himself or herself due to
disabilities.
(4) Exception. If State law in effect on October 29, 1992 requires a
separate Council under paragraph (b)(3) of this section to have fewer
than 13 members, the separate Council is deemed to be in compliance with
the composition requirements in paragraphs (b)(1)(vi) and (b)(1)(viii)
of this section if it includes at least one representative who meets the
requirements for each of those paragraphs.
(c) Majority. A majority of the Council members shall be individuals
with disabilities who are not employed by the designated State unit.
(d) Chairperson. The chairperson shall be--
(1) Selected by the members of the Council from among the voting
members of the Council, subject to the veto power of the Governor; or
(2) If the Governor does not have veto power pursuant to State law,
selected by the Governor, or by the Council if required by the Governor,
from among the voting members of the Council.
(e) Terms of appointment. (1) Each member of the Council shall be
appointed for a term of no more than three years and may serve for no
more than two consecutive full terms.
(2) A member appointed to fill a vacancy occurring prior to the end
of the
[[Page 305]]
term for which the predecessor was appointed shall be appointed for the
remainder of the predecessor's term.
(3) The terms of service of the members initially appointed must be
for varied numbers of years to ensure that terms expire on a staggered
basis.
(f) Vacancies. (1) A vacancy in the membership of the Council must
be filled in the same manner as the original appointment.
(2) No vacancy affects the power of the remaining members to execute
the duties of the Council.
(g) Conflict of interest. No member of the Council shall cast a vote
on any matter that would provide direct financial benefit to the member
or the member's organization or otherwise give the appearance of a
conflict of interest under State law.
(h) Functions. The Council shall--
(1) Review, analyze, and advise the designated State unit regarding
the performance of the State unit's responsibilities under this part,
particularly responsibilities related to--
(i) Eligibility, including order of selection;
(ii) The extent, scope, and effectiveness of services provided; and
(iii) Functions performed by State agencies that affect or
potentially affect the ability of individuals with disabilities to
achieve rehabilitation goals and objectives under this part;
(2) Advise, and at the discretion of the State agency assist, the
State unit in the preparation of applications, the State plan, the
strategic plan, and amendments to the plans, reports, needs assessments,
and evaluations required by this part;
(3) To the extent feasible, conduct a review and analysis of the
effectiveness of, and consumer satisfaction with--
(i) The functions performed by State agencies and other public and
private entities responsible for serving individuals with disabilities;
and
(ii) The vocational rehabilitation services provided by State
agencies and other public and private entities responsible for providing
vocational rehabilitation services to individuals with disabilities from
funds made available under the Act or through other public or private
sources;
(4) Prepare and submit to the Governor, or appropriate State entity,
and to the Secretary no later than 90 days after the end of the Federal
fiscal year an annual report on the status of vocational rehabilitation
programs operated within the State and make the report available to the
public through appropriate modes of communication;
(5) Coordinate with other councils within the State, including the
Statewide Independent Living Council established under 34 CFR part 364,
the advisory panel established under section 613(a)(12) of IDEA, the
State Planning Council described in section 124 of the Developmental
Disabilities Assistance and Bill of Rights Act, and the State mental
health planning council established under section 1916(e) of the Public
Health Service Act;
(6) Advise the designated State agency and provide for coordination
and the establishment of working relationships between the designated
State agency and the Statewide Independent Living Council and centers
for independent living within the State; and
(7) Perform other comparable functions, consistent with the purpose
of this part, that the Council determines to be appropriate.
(i) Resources. (1) The Council, in conjunction with the designated
State unit, shall prepare a plan for the provision of resources,
including staff and other personnel, that may be necessary for the
Council to carry out its functions under this part.
(2) In implementing the resources plan, the Council shall rely on
existing resources to the maximum extent possible.
(3) Any disagreements between the designated State unit and the
Council regarding the amount of resources necessary must be resolved by
the Governor or other appointing entity, consistent with paragraphs
(i)(1) and (2) of this section.
(4) The Council shall, consistent with State law, supervise and
evaluate the staff and personnel that are necessary to carry out its
functions.
(5) Those staff and personnel that are assisting the Council in
carrying out its functions may not be assigned duties by the designated
State unit or
[[Page 306]]
any other agency or office of the State that would create a conflict of
interest.
(j) Meetings. The Council shall--
(1) Convene at least four meetings a year to conduct Council
business that are publicly announced, open and accessible to the public,
including individuals with disabilities, unless there is a valid reason
for an executive session; and
(2) Conduct forums or hearings, as appropriate, that are publicly
announced, open and accessible to the public, including individuals with
disabilities.
(k) Compensation. Funds appropriated under title I of the Act,
except funds to carry out sections 112 and 130 of the Act, may be used
to compensate and reimburse the expenses of Council members in
accordance with section 105(g) of the Act.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Sec. 105 of the Act; 29 U.S.C. 725)
Sec. 361.18 Comprehensive system of personnel development.
The State plan must describe the procedures and activities the State
agency will undertake to establish and maintain a comprehensive system
of personnel development designed to ensure an adequate supply of
qualified rehabilitation personnel, including professionals and
paraprofessionals, for the designated State unit. If the State agency
has a State Rehabilitation Advisory Council, this description must, at a
minimum, specify that the Council has an opportunity to review and
comment on the development of plans, policies, and procedures necessary
to meet the requirements of paragraphs (b) through (d) and paragraph (f)
of this section. This description must also conform with the following
requirements:
(a) Data system on personnel and personnel development. The State
plan must describe the development and maintenance of a system by the
State agency for collecting and analyzing on an annual basis data on
qualified personnel needs and personnel development, in accordance with
the following requirements:
(1) Data on qualified personnel needs must include--
(i) The number of personnel who are employed by the State agency in
the provision of vocational rehabilitation services in relation to the
number of individuals served, broken down by personnel category;
(ii) The number of personnel currently needed by the State agency to
provide vocational rehabilitation services, broken down by personnel
category; and
(iii) Projections of the number of personnel, broken down by
personnel category, who will be needed by the State agency to provide
vocational rehabilitation services in the State in five years based on
projections of the number of individuals to be served, including
individuals with severe disabilities, the number of personnel expected
to retire or leave the field, and other relevant factors.
(2) Data on personnel development must include--
(i) A list of the institutions of higher education in the State that
are preparing vocational rehabilitation professionals, by type of
program;
(ii) The number of students enrolled at each of those institutions,
broken down by type of program; and
(iii) The number of students who graduated during the prior year
from each of those institutions with certification or licensure, or with
the credentials for certification or licensure, broken down by the
personnel category for which they have received, or have the credentials
to receive, certification or licensure.
(b) Plan for recruitment, preparation, and retention of qualified
personnel. The State plan must describe the development, updating, and
implementation of a plan to address the current and projected needs for
personnel who are qualified in accordance with paragraph (c) of this
section. The plan must identify the personnel needs based on the data
collection and analysis system described in paragraph (a) of this
section and must provide for the coordination and facilitation of
efforts between the designated State unit and institutions of higher
education and professional
[[Page 307]]
associations to recruit, prepare, and retain personnel who are qualified
in accordance with paragraph (c) of this section, including personnel
from minority backgrounds and personnel who are individuals with
disabilities.
(c) Personnel standards. (1) The State plan must include the State
agency's policies and describe the procedures the State agency will
undertake to establish and maintain standards to ensure that
professional and paraprofessional personnel needed within the State unit
to carry out this part are appropriately and adequately prepared and
trained, including--
(i) Standards that are consistent with any national or State-
approved or -recognized certification, licensing, or registration
requirements, or, in the absence of these requirements, other comparable
requirements (including State personnel requirements), that apply to the
profession or discipline in which that category of personnel is
providing vocational rehabilitation services; and
(ii) To the extent that existing standards are not based on the
highest requirements in the State, the steps the State is currently
taking and the steps the State plans to take to retrain or hire
personnel to meet standards that are based on the highest requirements
in the State, including measures to notify State unit personnel, the
institutions of higher education identified under paragraph (a)(2)(i) of
this section, and other public agencies of these steps and the timelines
for taking each step.
(2) As used in this section--
(i) Highest requirements in the State applicable to that profession
or discipline means the highest entry-level academic degree needed for
any national or State-approved or -recognized certification, licensing,
registration, or other comparable requirements that apply to that
profession or discipline. The current requirements of all State statutes
and regulations of other agencies in the State applicable to that
profession or discipline must be considered and must be kept on file by
the designated State unit and available to the public.
(ii) Profession or discipline means a specific occupational
category, including any paraprofessional occupational category, that--
(A) Provides rehabilitation services to individuals with
disabilities;
(B) Has been established or designated by the State; and
(C) Has a specified scope of responsibility.
(d) Staff development. (1) The State plan must include the State
agency's policies and describe the procedures and activities the State
agency will undertake to ensure that all personnel employed by the State
unit receive appropriate and adequate training, including a description
of--
(i) A system of staff development for rehabilitation professionals
and paraprofessionals within the State unit, particularly with respect
to rehabilitation technology; and
(ii) Procedures for acquiring and disseminating to rehabilitation
professionals and paraprofessionals within the designated State unit
significant knowledge from research and other sources, including
procedures for providing training regarding the amendments to the
Rehabilitation Act of 1973 made by the Rehabilitation Act Amendments of
1992.
(2) The specific training areas for staff development must be based
on the needs of each State unit and may include, but are not limited to,
training with respect to the requirements of the Americans with
Disabilities Act, IDEA, and Social Security work incentive programs,
training to facilitate informed choice under this program, and training
to improve the provision of services to culturally diverse populations.
(e) Personnel to address individual communication needs. The State
plan must describe how the State unit--
(1) Includes among its personnel, or obtains the services of,
individuals able to communicate in the native languages of applicants
and eligible individuals who have limited English speaking ability; and
(2) Includes among its personnel, or obtains the services of,
individuals able to communicate with applicants and eligible individuals
in appropriate modes of communication.
[[Page 308]]
(f) Performance evaluation system. The State plan must describe how
the system for evaluating the performance of rehabilitation counselors,
coordinators, and other personnel used in the State unit facilitates,
and in no way impedes, the accomplishment of the purpose and policy of
the program as described in sections 100(a)(2) and 100(a)(3) of the Act,
including the policy of serving, among others, individuals with the most
severe disabilities.
(g) Coordination with personnel development under IDEA. The State
plan must describe the procedures and activities the State agency will
undertake to coordinate its comprehensive system of personnel
development under the Act with personnel development under IDEA.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Sec. 101 (a)(7) and (a)(35) of the Act; 29 U.S.C. 721(a) (7)
and (35))
Note: Under the Act and the regulations in this part, the State
agency is required to collect and analyze data regarding personnel needs
by type or category of personnel. The personnel data must be collected
and analyzed according to personnel category breakdowns that are based
on the major categories of staff in the State unit. Similarly, the data
from institutions of higher education must be broken down by type of
program to correspond as closely as possible with the personnel
categories of the State unit.
Sec. 361.19 Affirmative action for individuals with disabilities.
The State plan must assure that the State agency takes affirmative
action to employ and advance in employment qualified individuals with
disabilities.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Sec. 101(a)(6)(A) of the Act; 29 U.S.C. 721(a)(6)(A))
Sec. 361.20 State plan development.
(a) Public participation requirements--(1) Plan development and
revisions. The State plan must assure that the State unit conducts
public meetings throughout the State to provide all segments of the
public, including interested groups, organizations, and individuals, an
opportunity to comment on the State plan prior to its development and to
comment on any revisions to the State plan.
(2) Notice requirements. The State plan must assure that the State
unit, prior to conducting public meetings, provides appropriate and
sufficient notice throughout the State of the meetings in accordance
with--
(i) State law governing public meetings; or
(ii) In the absence of State law governing public meetings,
procedures developed by the State unit in consultation with the State
Rehabilitation Advisory Council.
(3) Revisions based on consumer satisfaction surveys. The State plan
must describe the manner in which the State's policies and procedures
will be revised based on the results of consumer satisfaction surveys
conducted by the State Rehabilitation Advisory Council under
Sec. 361.17(h)(3) or by the State agency if it is an independent
commission in accordance with the requirements of Sec. 361.16.
(b) Special consultation requirements. The State plan must assure
that, as appropriate, the State unit actively consults in the
development and revision of the State plan with the CAP director, the
State Rehabilitation Advisory Council, and, as appropriate, those Indian
tribes, tribal organizations, and native Hawaiian organizations that
represent significant numbers of individuals with disabilities within
the State.
(c) Summary of public comments. The State plan must include a
summary of the public comments on the State plan, including comments on
revisions to the State plan and the State unit's response to those
comments.
(d) Appropriate modes of communication. The State unit shall
provide, through appropriate modes of communication, the notices of the
public meetings, any materials furnished prior to or during the public
meetings, and the approved State plan.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Sec. 101(a)(20), 101(a)(23), 101(a)(32), and 105(c)(2) of
the Act; 29 U.S.C. 721(a)(20), (23), and (32) and 725(c)(2))
[[Page 309]]
Sec. 361.21 Consultations regarding the administration of the State
plan.
(a) The State plan must assure that, in connection with matters of
general policy development and implementation arising in the
administration of the State plan, the State unit seeks and takes into
account the views of--
(1) Individuals who receive vocational rehabilitation services or,
as appropriate, the individuals' representatives;
(2) Personnel working in the field of vocational rehabilitation;
(3) Providers of vocational rehabilitation services;
(4) The CAP director; and
(5) The State Rehabilitation Advisory Council, if the State has a
Council.
(b) The State plan must specifically describe the manner in which
the State unit will take into account the views regarding State policy
and administration of the State plan that are expressed in the consumer
satisfaction surveys conducted by the State Rehabilitation Advisory
Council under Sec. 361.17(h)(3) or by the State agency if it is an
independent commission in accordance with the requirements of
Sec. 361.16(a)(1).
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Secs. 101(a)(18), 101(a)(32), and 105(c)(2) of the Act; 29
U.S.C. 721(a)(18), 721(a)(32), and 725(c)(2))
Sec. 361.22 Cooperation with agencies responsible for students with
disabilities.
(a) Students with disabilities who are receiving special education
services--(1) General. The State plan must contain plans, policies, and
procedures that are designed to facilitate the transition of students
who are receiving special education services from the provision of a
free appropriate public education under the responsibility of an
educational agency to the provision of vocational rehabilitation
services under the responsibility of the designated State unit. These
plans, policies, and procedures must provide for the development and
completion of the IWRP before the student leaves the school setting for
each student determined to be eligible for vocational rehabilitation
services or, if the designated State unit is operating under an order of
selection, for each eligible student able to be served under the order.
The IWRP must, at a minimum, identify the long-term rehabilitation
goals, intermediate rehabilitation objectives, and goals and objectives
related to enabling the student to live independently, to the extent
these goals and objectives are included in the student's individualized
education program.
(2) Formal interagency agreement. The State plan must assure that
the State unit enters into formal interagency agreements with the State
educational agency and, as appropriate, with local educational agencies,
that are responsible for the free appropriate public education of
students with disabilities who are receiving special education services.
Formal interagency agreements must, at a minimum, identify--
(i) Policies, practices, and procedures that can be coordinated
between the agencies, including definitions, standards for eligibility,
policies and procedures for making referrals, procedures for outreach to
and identification of youth who are receiving special education services
and are in need of transition services, and procedures and timeframes
for evaluation and follow-up of those students;
(ii) The roles of each agency, including provisions for determining
State lead agencies and qualified personnel responsible for transition
services;
(iii) Procedures for providing training for staff of State and local
educational agencies as to the availability, benefits of, and
eligibility standards for vocational rehabilitation services, to the
extent practicable;
(iv) Available resources, including sources of funds for the
development and expansion of services;
(v) The financial responsibility of each agency in providing
services to students with disabilities who are receiving special
education services, consistent with State law;
(vi) Procedures for resolving disputes between the agencies that are
parties to the agreement; and
(vii) All other components necessary to ensure meaningful
cooperation among agencies, including procedures
[[Page 310]]
to facilitate the development of local teams to coordinate the provision
of services to individuals, sharing data, and coordinating joint
training of staff in the provision of transition services.
(b) Students with disabilities who are not receiving special
education services. The State plan must contain plans, policies, and
procedures, including cooperation with appropriate agencies, designed to
ensure that students with disabilities who are not receiving special
education services have access to and can receive vocational
rehabilitation services, if appropriate, and to ensure outreach to and
identification of those students.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Secs. 101(a)(11)(C), 101(a)(24) and 101(a)(30) of the Act;
29 U.S.C. 721 (a)(11), (a)(24), and (a)(30))
Note: The following excerpt from page 33 of Senate Report No. 102-
357 further clarifies the provision of transition services by the State
vocational rehabilitation agency:
The overall purpose of this provision is to ensure that all students who
require vocational rehabilitation services receive those services in a
timely manner. There should be no gap in services between the education
system and the vocational rehabilitation system * * *. The committee
intends that students with disabilities who are eligible for, and who
need, vocational rehabilitation services will receive those services as
soon as possible, consistent with Federal and State law. These
provisions are not intended in any way to shift the responsibility of
service delivery from education to rehabilitation during the transition
years. School officials will continue to be responsible for providing a
free and appropriate public education as defined by the IEP. The role of
the rehabilitation system is primarily one of planning for the student's
years after leaving school. (S. Rep. No. 357, 102d Cong., 2d. Sess. 33
(1992))
Sec. 361.23 Cooperation with other public agencies.
(a) Coordination of services with vocational education and Javits-
Wagner-O'Day programs. The State plan must assure that specific
arrangements or agreements are made for the coordination of services for
any individual who is eligible for vocational rehabilitation services
and is also eligible for services under the Carl D. Perkins Vocational
and Applied Technology Education Act or the Javits-Wagner-O'Day Act.
(b) Cooperation with other Federal, State, and local public agencies
providing services related to the rehabilitation of individuals with
disabilities. (1) The State plan must assure that the State unit
cooperates with other Federal, State, and local public agencies
providing services related to the rehabilitation of individuals with
disabilities, including, as appropriate, establishing interagency
working groups or entering into formal interagency cooperative
agreements with, and using the services and facilities of--
(i) Federal agencies providing services related to the
rehabilitation of individuals with disabilities, including the Social
Security Administration, the Office of Workers' Compensation Programs of
the Department of Labor, and the Department of Veterans Affairs; and
(ii) State and local public agencies providing services related to
the rehabilitation of individuals with disabilities, including State and
local public agencies administering the State's social services and
financial assistance programs and other State programs for individuals
with disabilities, such as the State's developmental disabilities
program, veterans programs, health and mental health programs, education
programs (including adult education, higher education, and vocational
education programs), workers' compensation programs, job training and
placement programs, and public employment offices.
(2) Interagency cooperation under paragraph (b)(1) of this section,
to the extent practicable, must provide for training for staff of the
agencies as to the availability, benefits of, and eligibility standards
for vocational rehabilitation services.
(3) If the State unit chooses to enter into formal interagency
cooperative agreements developed under paragraph (b)(1) of this section,
the agreements must--
(i) Identify policies, practices, and procedures that can be
coordinated among the agencies (particularly definitions, standards for
eligibility, the joint sharing and use of evaluations
[[Page 311]]
and assessments, and procedures for making referrals);
(ii) Identify available resources and define the financial
responsibility of each agency for paying for necessary services
(consistent with State law) and procedures for resolving disputes
between agencies; and
(iii) Include all additional components necessary to ensure
meaningful cooperation and coordination.
(c) Reciprocal referral services with a separate agency for
individuals who are blind. If there is a separate State unit for
individuals who are blind, the State plan must assure that the two State
units establish reciprocal referral services, use each other's services
and facilities to the extent feasible, jointly plan activities to
improve services in the State for individuals with multiple impairments,
including visual impairments, and otherwise cooperate to provide more
effective services, including, if appropriate, entering into a written
cooperative agreement.
(Authority: Secs. 101(a)(11) and 101(a)(22) of the Act; 29 U.S.C.
721(a)(11) and 721(a)(22))
Sec. 361.24 Coordination with the Statewide Independent Living Council.
The State plan must assure that the State unit will coordinate and
establish working relationships with the Statewide Independent Living
Council established under 34 CFR part 364 and with independent living
centers within the State.
(Authority: Sec. 101(a)(33) of the Act; 29 U.S.C. 721(a)(33))
Sec. 361.25 Statewideness.
The State plan must assure that services provided under the State
plan will be available in all political subdivisions of the State,
unless a waiver of statewideness is requested and approved in accordance
with Sec. 361.26.
(Authority: Section 101(a)(4) of the Act; 29 U.S.C. 721(a)(4))
Sec. 361.26 Waiver of statewideness.
(a) Availability. The State unit may provide services in one or more
political subdivisions of the State that increase services or expand the
scope of services that are available statewide under the State plan if--
(1) The non-Federal share of the cost of these services is met from
funds provided by a local public agency, including funds contributed to
a local public agency by a private agency, organization, or individual;
(2) The services are likely to promote the vocational rehabilitation
of substantially larger numbers of individuals with disabilities or of
individuals with disabilities with particular types of impairments; and
(3) The State includes in its State plan, and the Secretary
approves, a request for a waiver of the statewideness requirement, in
accordance with the requirements of paragraph (b) of this section.
(b) Request for waiver. The request for a waiver of statewideness
must--
(1) Identify the types of services to be provided;
(2) Contain a written assurance from the local public agency that it
will make available to the State unit the non-Federal share of funds;
(3) Contain a written assurance that State unit approval will be
obtained for each proposed service before it is put into effect; and
(4) Contain a written assurance that all other State plan
requirements, including a State's order of selection requirements, will
apply to all services approved under the waiver.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Sec. 101(a)(4) of the Act; 29 U.S.C. 721(a)(4))
Sec. 361.27 Shared funding and administration of joint programs.
(a) If the State plan provides for a joint program involving shared
funding and administrative responsibility with another State agency or a
local public agency to provide services to individuals with
disabilities, the plan must include a description of the nature and
scope of the joint program, the services to be provided, the respective
roles of each participating agency in the provision of services and in
their administration, and the share of the costs to be assumed by each
agency.
(b) If a proposed joint program does not comply with the
statewideness requirement in Sec. 361.25, the State unit
[[Page 312]]
shall obtain a waiver of statewideness, in accordance with Sec. 361.26.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Section 101(a)(1)(A) of the Act; 29 U.S.C.721(a)(1)(A))
Sec. 361.28 Third-party cooperative arrangements involving funds from
other public agencies.
(a) If the designated State unit enters into a third-party
cooperative arrangement for providing or administering vocational
rehabilitation services with another State agency or a local public
agency that is furnishing part or all of the non-Federal share, the
State plan must assure that--
(1) The services provided by the cooperating agency are not the
customary or typical services provided by that agency but are new
services that have a vocational rehabilitation focus or existing
services that have been modified, adapted, expanded, or reconfigured to
have a vocational rehabilitation focus;
(2) The services provided by the cooperating agency are only
available to applicants for, or recipients of, services from the
designated State unit;
(3) Program expenditures and staff providing services under the
cooperative arrangement are under the administrative supervision of the
designated State unit; and
(4) All State plan requirements, including a State's order of
selection, will apply to all services provided under the cooperative
program.
(b) If a third party cooperative agreement does not comply with the
statewideness requirement in Sec. 361.25, the State unit shall obtain a
waiver of statewideness, in accordance with Sec. 361.26.
(Authority: Sec. 101(a)(1)(A) of the Act; 29 U.S.C. 721(a)(1)(A))
Sec. 361.29 Statewide studies and evaluations.
(a) Statewide studies. The State plan must assure that the State
unit conducts continuing statewide studies to determine the current
needs of individuals with disabilities within the State and the best
methods to meet those needs. As part of the development of the State
plan, the continuing statewide studies, at a minimum, must include--
(1) A triennial comprehensive assessment of the rehabilitation needs
of individuals with severe disabilities who reside in the State;
(2) A triennial review of the effectiveness of outreach procedures
used to identify and serve individuals with disabilities who are
minorities and individuals with disabilities who are unserved and
underserved by the vocational rehabilitation system; and
(3) A triennial review of a broad variety of methods to provide,
expand, and improve vocational rehabilitation services to individuals
with the most severe disabilities, including individuals receiving
supported employment services under 34 CFR part 363.
(b) Annual evaluation. The State plan must assure that the State
unit conducts an annual evaluation of the effectiveness of the State's
vocational rehabilitation program in providing vocational rehabilitation
and supported employment services, especially to individuals with the
most severe disabilities. The annual evaluation must analyze the extent
to which--
(1) The State has achieved the goals and priorities established in
the State plan and annual amendments to the plan; and
(2) The State is in compliance with the evaluation standards and
performance indicators established by the Secretary pursuant to section
106 of the Act.
(c) Reporting requirements. (1) The State plan must describe
annually those changes that have been adopted in policy, in the State
plan and its amendments, and in the strategic plan and its amendments as
a result of the statewide studies and the annual program evaluation.
(2) The State plan must contain an annual description of the methods
used to expand and improve vocational rehabilitation services to
individuals with the most severe disabilities, including the State
unit's criteria for determining which individuals are individuals with
the most severe disabilities.
(3) The State plan must contain an annual analysis of the
characteristics
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of individuals determined to be ineligible for services and the reasons
for the ineligibility determinations.
(4) The State unit shall maintain copies of the statewide studies
and the annual evaluations and shall make the copies available to the
Secretary upon request.
(d) Role of the State Rehabilitation Advisory Council. The State
plan must assure that the State unit seeks the advice of the State
Rehabilitation Advisory Council, if the State has a Council, regarding
the continuing statewide studies and the annual evaluation and, at the
discretion of the State agency, seeks assistance from the Council in the
preparation and analysis of the studies and evaluation.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Sections 101(a)(5) (A) and (B), 101(a)(9)(D), 101(a)(15)
(A), (C), and (D), 101(a)(19), and 105(c)(2) of the Act; 29 U.S.C.
721(a) (5), (9), (15), and (19) and 725(c)(2))
Sec. 361.30 Services to special groups of individuals with
disabilities.
(a) Civil employees of the United States. The State plan must assure
that vocational rehabilitation services are available to civil employees
of the U.S. Government who are disabled in the line of duty, under the
same terms and conditions applied to other individuals with
disabilities.
(b) Public safety officers. (1) The State plan must assure that
special consideration will be given to those individuals with
disabilities whose disability arose from an impairment sustained in the
line of duty while performing as a public safety officer and the
immediate cause of that impairment was a criminal act, apparent criminal
act, or a hazardous condition resulting directly from the officer's
performance of duties in direct connection with the enforcement,
execution, and administration of law or fire prevention, firefighting,
or related public safety activities.
(2) For the purposes of paragraph (b) of this section, special
consideration for States under an order of selection means that those
public safety officers who meet the requirements of paragraph (b)(1) of
this section must receive priority for services over other eligible
individuals in the same priority category of the order of selection.
(3) For the purposes of paragraph (b) of this section, criminal act
means any crime, including an act, omission, or possession under the
laws of the United States, a State, or a unit of general local
government that poses a substantial threat of personal injury,
notwithstanding that by reason of age, insanity, intoxication, or
otherwise, the person engaging in the act, omission, or possession was
legally incapable of committing a crime.
(4) For the purposes of paragraph (b) of this section, public safety
officer means a person serving the United States or a State or unit of
local government, with or without compensation, in any activity
pertaining to--
(i) The enforcement of the criminal laws, including highway patrol,
or the maintenance of civil peace by the National Guard or the Armed
Forces;
(ii) A correctional program, facility, or institution if the
activity is potentially dangerous because of contact with criminal
suspects, defendants, prisoners, probationers, or parolees;
(iii) A court having criminal or juvenile delinquent jurisdiction if
the activity is potentially dangerous because of contact with criminal
suspects, defendants, prisoners, probationers, or parolees; or
(iv) Firefighting, fire prevention, or emergency rescue missions.
(c) American Indians. (1) The State plan must assure that vocational
rehabilitation services are provided to American Indians with
disabilities residing in the State to the same extent that these
services are provided to other significant groups of individuals with
disabilities residing in the State.
(2) The State plan also must assure that the designated State unit
continues to provide vocational rehabilitation services, including, as
appropriate, services traditionally used by Indian tribes, to American
Indians with disabilities who reside on reservations and are eligible
for services by a special tribal program under 34 CFR part 371.
(Authority: Secs. 7, 101(a)(13), 101(a)(20), and 130(b)(3) of the Act;
29 U.S.C. 706, 721(a)(13), 721(a)(20), and 750(b)(3))
[[Page 314]]
Sec. 361.31 Utilization of community resources.
The State plan must assure that, in providing vocational
rehabilitation services, public or other vocational or technical
training programs or other appropriate community resources are used to
the maximum extent feasible.
(Authority: Sec. 101(a)(12)(A) of the Act; 29 U.S.C.721(a)(12)(A))
Sec. 361.32 Utilization of profitmaking organizations for on-the-job
training in connection with selected projects.
The State plan must assure that the State unit has the authority to
enter into contracts with profitmaking organizations for the purpose of
providing on-the-job training and related programs for individuals with
disabilities under the Projects With Industry program, 34 CFR part 379,
if it has been determined that they are better qualified to provide
needed services than nonprofit agencies, organizations, or programs in
the State.
(Authority: Sec. 101(a)(21) of the Act; 29 U.S.C. 721(a)(21))
Sec. 361.33 Use, assessment, and support of community rehabilitation
programs.
(a) The State plan must contain a description of how the designated
State unit uses community rehabilitation programs to the maximum extent
feasible to provide vocational rehabilitation services in the most
integrated settings possible, consistent with the informed choices of
the individuals. This description must--
(1) Include the methods the designated State unit uses to ensure the
appropriate use of community rehabilitation programs;
(2) Provide, as appropriate, for entering into agreements with the
operators of those community rehabilitation programs;
(3) Specify the manner in which the designated State unit will
establish cooperative agreements with private nonprofit vocational
rehabilitation service providers;
(4) Contain the findings resulting from an assessment of the
capacity and effectiveness of community rehabilitation programs,
including programs under the Javits-Wagner-O'Day Act, based on the use
of those programs; and
(5) Contain plans for improving community rehabilitation programs
based on the assessment in paragraph (a)(4) of this section.
(b) If the State plan provides for the establishment, development,
or improvement of a public or nonprofit community rehabilitation
program, the State plan must contain a description of the need to
establish, develop, or improve, as appropriate, the community
rehabilitation program to provide vocational rehabilitation services to
applicants and eligible individuals, based on the assessment and
improvement plans required in paragraphs (a)(4) and (a)(5) of this
section.
(Approved by the Office of Management and Budget under control number
1820-0500)
(Authority: Secs. 101(a)(5)(A), 101(a)(12)(B), 101(a)(15)(B),
101(a)(27), 101(a)(28), and 103(b)(2) of the Act; 29 U.S.C. 721(a)(5),
(12), (15), (27), and (28) and 723(b)(2))
Sec. 361.34 Supported employment plan.
(a) The State plan must assure that the State has an acceptable plan
under 34 CFR part 363 that provides for the use of funds under that part
to supplement funds under this part for the cost of services leading to
supported employment.
(b) The supported employment plan, including any needed annual
revisions, must be submitted as a supplement to the State plan.
(Approve |
