[Federal Register Volume 59, Number 34 (Friday, February 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3010]
[[Page Unknown]]
[Federal Register: February 18, 1994]
_______________________________________________________________________
Part III
Department of Education
_______________________________________________________________________
34 CFR Part 363, et al.
Rehabilitation Services Administration Programs; Final Rule
DEPARTMENT OF EDUCATION
34 CFR Parts 363, 369, 371, 373, 374, 375, 376, 377, 378, 379, 380,
381, 385, 387, 389, and 390
RIN 1820-AB11
Rehabilitation Services Administration Programs
AGENCY: Department of Education.
ACTION: Final regulations.
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SUMMARY: The Secretary amends the regulations governing a variety of
programs administered by the Rehabilitation Services Administration
(RSA). These regulations implement technical amendments to the
Rehabilitation Act of 1973 made by the Rehabilitation Act Amendments of
1992 and by the Rehabilitation Act Amendments of 1993.
EFFECTIVE DATE: These regulations take effect either 45 days after
publication in the Federal Register or later if the Congress takes
certain adjournments, with the exception of Secs. 373.30, 379.43,
381.10, and 385.45. Sections 373.30, 379.43, 381.10, and 385.45 will
become effective after the information collection requirements
contained in those sections have been submitted by the Department of
Education and approved by the Office of Management and Budget under the
Paperwork Reduction Act of 1980. If you want to know the effective date
of these regulations, call or write the Department of Education contact
person. A document announcing the effective date will be published in
the Federal Register.
FOR FURTHER INFORMATION CONTACT: Beverlee Stafford, U.S. Department of
Education, 400 Maryland Avenue, SW., room 3028 Switzer Building,
Washington, DC 20202-2531. Telephone: (202) 205-9331. Individuals who
use a telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern time, Monday through Friday.
SUPPLEMENTARY INFORMATION: The Rehabilitation Act Amendments of 1992
(the Amendments) included a number of technical changes to make the Act
more consistent with other Federal legislation affecting individuals
with disabilities. In addition, the Amendments strengthen the focus on
serving those individuals with the most severe disabilities and
individuals with disabilities from minority backgrounds. Significant
changes include:
--Terminology and Definitional Changes. The Rehabilitation Act
Amendments of 1992 replaced the terms ``handicap,'' ``rehabilitation
facility,'' and ``employability'' throughout the Act with the terms
``disability,'' ``community rehabilitation program,'' and
``employment outcome,'' respectively. In addition, new or revised
definitions of certain terms such as ``individual with a
disability,'' ``supported employment,'' ``ongoing support
services,'' and ``extended services'' necessitated technical changes
to various program regulations.
--Outreach to Minorities. A new provision was added that requires
all applicants for new and continuation funding under the Act to
demonstrate how they will address the needs of individuals with
disabilities from minority backgrounds.
--Client Assistance Information. A new provision was added that
requires all programs and projects funded under the Act to advise
the individuals that they serve of the availability of the State
Client Assistance Program and to provide information on how to
obtain access to that program. The 1993 Amendments expanded this
requirement to cover applicants for services as well as recipients
of services.
--State Supported Employment Services Program. Each State is now
required to serve only those individuals with the most severe
disabilities under this program. In addition, States can now begin
to serve individuals in supported employment as long as there is a
reasonable expectation that an extended funding source will be
identified during the course of the individual's rehabilitation
program.
--Projects for Migratory Agricultural Workers and Seasonal
Farmworkers with Disabilities. Nonprofit organizations, working in
collaboration with State vocational rehabilitation agencies, can now
apply for these project grants.
--Projects with Industry. These projects can now focus on careers
and career advancement for individuals with disabilities.
Eligibility for services must be determined by the project and
confirmed, within 60 days, by the State vocational rehabilitation
agency.
--Protection and Advocacy of Individual Rights. Although final
regulations were issued for this program on August 12, 1993,
additional statutory amendments were made to this program by Public
Law 103-73. Changes with regard to eligible agencies, application
requirements and limits on administrative costs have been
incorporated.
--Special Projects and Demonstrations. The funding of construction
and construction-related activities under the Special Demonstration
Programs under parts 373 and 374 was eliminated by statute (Public
Law 102-569).
Waiver of Notice of Proposed Rulemaking
In accordance with section 431(b)(2)(A) of the General Education
Provisions Act (20 U.S.C. 1232(b)(2)(A)) and the Administrative
Procedure Act (5 U.S.C. 553), it is the practice of the Secretary to
offer interested parties the opportunity to comment on proposed
regulations. However, these amendments merely incorporate statutory
changes into the regulations and do not implement substantive policy.
Therefore, the Secretary has determined, pursuant to 5 U.S.C.
553(b)(B), that public comment on the regulations is unnecessary and
contrary to the public interest.
Regulatory Flexibility Act Certification
The Secretary certifies that these regulations contain only
technical amendments and would not have a significant economic impact
on a substantial number of small entities.
Paperwork Reduction Act of 1980
Sections 363.11, 363.52, 369.21, 373.30, 379.43, 380.15, 381.10,
and 385.45 contain information collection requirements. As required by
the Paperwork Reduction Act of 1980, the Department of Education will
submit a copy of these sections to the Office of Management and Budget
(OMB) for its review. (44 U.S.C. 3504(h)).
State, public, and other nonprofit agencies and organizations,
governing bodies of Indian tribes, and institutions of higher education
are eligible to apply for grants under these regulations, as indicated
in the various parts. The Department needs and uses the information to
make grants. Annual public reporting burden for this collection of
information is estimated to be as follows:
(1) Sections 363.11 and 363.52--average 10 hours per response for
81 respondents.
(2) Section 369.21--average 1.5 hours per response for 425
respondents.
(3) Section 373.30--average 2 hours per response for 125
respondents.
(4) Section 379.43--average 40 hours per response for 125
respondents.
(5) Section 380.15--average 1.5 hours per response for 120
respondents.
(6) Section 381.10--average 1.5 hours per response for 57
respondents.
(7) Section 385.45--average 3.5 hours per response for 1,150
respondents.
These estimates include time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
Organizations and individuals desiring to submit comments on the
information collection requirements should direct them to the Office of
Information and Regulatory Affairs, OMB, room 3002, New Executive
Office Building, Washington, DC 20503; Attention: Daniel J. Chenok.
Intergovernmental Review
These programs, with the exception of Vocational Rehabilitation
Service Projects for American Indians with Disabilities, are subject to
the requirements of Executive Order 12372 and the regulations in 34 CFR
part 79. The objective of the Executive order is to foster an
intergovernmental partnership and a strengthened federalism by relying
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
In accordance with the order, this document is intended to provide
early notification of the Department's specific plans and actions for
this program.
Assessment of Educational Impact
Based on its own review, the Department has determined that the
regulations in this document do not require transmission of information
that is being gathered by or is available from another agency or
authority of the United States.
List of Subjects
34 CFR Part 363
Education, Grant programs--education, Reporting and recordkeeping
requirements, Vocational rehabilitation.
34 CFR Part 369
Education, Grant programs--education, Grant programs--social
programs, Manpower training programs, Reporting and recordkeeping
requirements, Research, Technical assistance, Vocational
rehabilitation.
34 CFR Part 371
Education, Grant programs--education, Vocational rehabilitation.
34 CFR Part 373
Education, Grant programs--education, Reporting and recordkeeping
requirements, Vocational rehabilitation.
34 CFR Part 374
Education, Grant programs--education, Vocational rehabilitation.
34 CFR Part 375
Education, Grant programs--social programs, Vocational
rehabilitation.
34 CFR Part 376
Education, Grant programs--education, Vocational rehabilitation.
34 CFR Part 377
Education, Grant programs--social programs, Reporting and
recordkeeping requirements, Vocational rehabilitation.
34 CFR Part 378
Education, Grant programs--recreation, Recreation, Disability or
individuals with disabilities.
34 CFR Part 379
Business and industry, Education, Grant programs--social programs,
Reporting and recordkeeping requirements, Vocational rehabilitation.
34 CFR Part 380
Education, Grant programs--education, Reporting and recordkeeping
requirements, Vocational rehabilitation.
34 CFR Part 381
Education, Grant programs--social programs, Reporting and
recordkeeping requirements, Vocational rehabilitation.
34 CFR Part 385
Education, Grant programs--education, Reporting and recordkeeping
requirements, Vocational rehabilitation.
34 CFR Part 387
Education, Grant programs--education, Vocational rehabilitation.
34 CFR Part 389
Education, Grant programs--education, Vocational rehabilitation.
34 CFR Part 390
Education, Grant programs--education, Vocational rehabilitation.
(Catalog of Federal Domestic Assistance Numbers: 84.128 Vocational
Rehabilitation Service Projects; 84.128 Special Projects and
Demonstrations for Providing Supported Employment Services to
Individuals with the Most Severe Disabilities and Technical
Assistance Projects; 84.128 Special Projects and Demonstrations for
Making Recreational Activities Accessible to Individuals with
Disabilities; 84.128 Special Projects and Demonstrations for
Providing Transitional Rehabilitation Services to Youth with
Disabilities; 84.128G Vocational Rehabilitation Service Projects
Program for Migratory Agricultural and Seasonal Farmworkers; 84.128J
Projects for Initiating Recreational Programs for Individuals with
Disabilities; 84.129 Rehabilitation Training; 84.187 The State
Supported Employment Program; 84.234 Projects With Industry; 84.235
Special Projects and Demonstrations for Providing Vocational
Rehabilitation Services to Individuals with Disabilities; 84.235D
Demonstration Projects to Increase Client Choice Program; 84.240
Protection and Advocacy of Individual Rights; 84.246 Rehabilitation
Short-Term Training; 84.250 Vocational Rehabilitation Service
Projects for American Indians with Disabilities; 84.263 Experimental
and Innovative Training; and 84.264 Rehabilitation Continuing
Education Programs)
Dated: February 4, 1994.
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services.
The Secretary amends Parts 363, 369, 371, 373, 374, 375, 376, 377,
378, 379, 380, 381, 385, 387, 389, and 390 of Title 34 of the Code of
Federal Regulations as follows:
1. Part 363 is revised to read as follows:
PART 363--THE STATE SUPPORTED EMPLOYMENT SERVICES PROGRAM
Subpart A--General
Sec.
363.1 What is the State Supported Employment Services Program?
363.2 Who is eligible for an award?
363.3 Who is eligible for services?
363.4 What are the authorized activities under a State Supported
Employment Services grant?
363.5 What regulations apply?
363.6 What definitions apply?
Subpart B--How Does a State Apply for a Grant?
363.10 What documents must a State submit to receive a grant?
363.11 What information and assurances must be included in the
State plan supplement?
Subpart C--How Does the Secretary Make a Grant?
363.20 How does the Secretary allocate funds?
363.21 How does the Secretary reallocate funds?
Subparts D-E--[Reserved]
Subpart F--What Post-Award Conditions Must Be Met by a State?
363.50 What collaborative agreements must the State develop?
363.51 What are allowable administrative costs?
363.52 What are the information collection and reporting
requirements?
363.53 What special conditions apply to services and activities
under this program?
363.54 What requirements must a State meet before it provides for
the transition of an individual to extended services?
363.55 What are the requirements for successfully rehabilitating an
individual in supported employment?
363.56 What notice requirements apply to this program?
Authority: 29 U.S.C. 795j-q, unless otherwise noted.
Subpart A--General
Sec. 363.1 What is the State Supported Employment Services Program?
Under the State Supported Employment Services Program, the
Secretary provides grants to assist States in developing and
implementing collaborative programs with appropriate entities to
provide programs of supported employment services for individuals with
the most severe disabilities who require supported employment services
to enter or retain competitive employment.
(Authority: 29 U.S.C. 795j)
Sec. 363.2 Who is eligible for an award?
Any State is eligible for an award under this program.
(Authority: 29 U.S.C. 795n)
Sec. 363.3 Who is eligible for services?
A State may provide services under this program to any individual
if--
(a) The individual has been determined eligible for vocational
rehabilitation services in accordance with the criteria in section
102(a)(1) of the Act;
(b) The individual has been determined to be an individual with the
most severe disabilities; and
(c) Supported employment has been identified as the appropriate
rehabilitation objective for the individual on the basis of a
comprehensive assessment of rehabilitation needs, including an
evaluation of rehabilitation, career, and job needs.
(Authority: 29 U.S.C. 795m)
Sec. 363.4 What are the authorized activities under a State Supported
Employment Services grant?
Under this program, the following activities are authorized:
(a) Any particularized assessment that is needed to supplement the
comprehensive assessment of rehabilitation needs done under 34 CFR part
361 and that is provided subsequent to the development of the
individualized written rehabilitation program. The supplementary
assessment may be provided in circumstances such as the following:
(1) A reassessment of the suitability of the placement is
warranted.
(2) There is a change in the individual's medical condition.
(b) Development of and placement in jobs for individuals with the
most severe disabilities.
(c) Provision of supported employment services that are needed to
support individuals with the most severe disabilities in employment,
such as--
(1) Intensive on-the-job skills training and other training
provided by skilled job trainers, co-workers, and other qualified
individuals, and other services specified in section 103(a) of the Act
in order to achieve and maintain job stability;
(2) Follow-up services, including regular contact with employers,
trainees with the most severe disabilities, parents, guardians or other
representatives of trainees, and other suitable professional and
informed advisors in order to reinforce and stabilize the job
placement; and
(3) Discrete post-employment services following transition that are
unavailable from an extended services provider and that are necessary
to maintain the job placement, such as job station redesign, repair and
maintenance of assistive technology, and replacement of prosthetic and
orthotic devices.
(Authority: 29 U.S.C. 795l)
Sec. 363.5 What regulations apply?
The following regulations apply to the State Supported Employment
Services Program:
(a) The Education Department General Administrative Regulations
(EDGAR) as follows:
(1) 34 CFR Part 76 (State-Administered Programs).
(2) 34 CFR Part 77 (Definitions that Apply to Department
Regulations).
(3) 34 CFR Part 79 (Intergovernmental Review of Department of
Education Programs and Activities).
(4) 34 CFR Part 80 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments).
(5) 34 CFR Part 81 (General Education Provisions Act--Enforcement).
(6) 34 CFR Part 82 (New Restrictions on Lobbying).
(7) 34 CFR Part 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free
Workplace (Grants)).
(8) 34 CFR Part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this part 363.
(c) The following regulations in 34 CFR Part 361 (The State
Vocational Rehabilitation Services Program): Secs. 361.31; 361.32;
361.33; 361.34; 361.35; 361.39; 361.40; 361.41; 361.42; 361.47(a);
361.48; and 361.49.
Note: Many of the regulatory provisions cross-referenced in
Sec. 363.5(c) are affected by statutory changes made by the
Rehabilitation Act Amendments of 1992. If these provisions conflict
with statutory language, they are superseded by the statutory
language. Program regulations for part 361 are being amended to
implement statutory changes. When final regulations for part 361 are
published, these cross-references will be corrected, if necessary.
(Authority: 29 U.S.C. 795j and 711(c))
Sec. 363.6 What definitions apply?
(a) Definitions in 34 CFR part 361. The following terms used in
this part are defined in 34 CFR 369.4(b):
Act
Designated State unit
Individual with disabilities
Individual with severe disabilities
State plan
(b) Definitions in EDGAR. The following terms used in this part are
defined in 34 CFR 77.1:
Fiscal Year
Nonprofit
Private Secretary
State
(c) Other definitions. The following definitions also apply to this
part:
(1) Supported employment means--
(i)(A) Competitive work in integrated work settings for individuals
with the most severe disabilities--
(1) For whom competitive employment has not traditionally occurred;
or
(2) 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 disability,
need intensive supported employment services from the designated State
unit and extended services after transition in order to perform this
work.
(ii) Transitional employment for individuals with the most severe
disabilities due to mental illness.
(2) As used in the definition of ``Supported employment''--
(i) Competitive work means work that at the time of transition is
performed weekly on a full-time basis or on a part-time basis, as
determined in each individualized written rehabilitation program, and
for which an individual is compensated consistent with the wage
standards provided for in the Fair Labor Standards Act;
(ii)(A) Integrated work setting means job sites where either--
(1)(i) Most employees are not disabled; and
(ii) An individual with the most severe disabilities interacts on a
regular basis, in the performance of job duties, with employees who are
not disabled; and
(iii) If an individual with the most severe disabilities is part of
a distinct work group of only individuals with disabilities, the work
group consists of no more than eight individuals; or
(2) If there are no other employees or the only other employees are
individuals who are part of a work group as described in paragraph
(c)(2)(ii)(A)(1)(iii) of this section of an individual with the most
severe disabilities interacts on a regular basis, in the performance of
job duties, with individuals who are not disabled, including members of
the general public.
(B) The interaction required by paragraphs (c)(2)(ii)(A)(1)(ii) and
(c)(2)(ii)(A)(2) of this section may not be satisfied by contact
between an individual with the most severe disabilities and individuals
who provide on-going support services at the job site;
(iii) Supported employment services means on-going support services
provided by the designated State unit with funds under this part--
(A) For a period not to exceed 18 months, unless under special
circumstances a longer period to achieve job stabilization has been
jointly agreed to by the individual and the rehabilitation counselor
and established in the individualized written rehabilitation program,
before an individual with the most severe disabilities makes the
transition to extended services; and
(B) As discrete post-employment services following transition in
accordance with Sec. 363.4(c)(3);
(iv) Extended services means on-going support services and other
appropriate services provided by a State agency, a private nonprofit
organization, employer, or any other appropriate resource, from funds
other than funds received under this part, Part 381, Part 376, or Part
380, after an individual with the most severe disabilities has made the
transition from State vocational rehabilitation agency support; and
(v) Transitional employment means a series of temporary job
placements in competitive work in an integrated work setting with on-
going support services for individuals with the most severe
disabilities due to mental illness. In transitional employment, the
provision of on-going support services must include continuing
sequential job placements until job permanency is achieved.
(3) On-going support services means services that are--
(i) Needed to support and maintain an individual with the most
severe disabilities in supported employment;
(ii) Based on a determination by the designated State unit of the
individual's needs as specified in an individualized written
rehabilitation program; and
(iii) Furnished by the designated State unit from the time of job
placement until transition to extended services, except as provided in
Sec. 363.4(c)(3) and, following transition, 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. On-going
support services must include, at a minimum, twice-monthly monitoring
at the work site of each individual in supported employment to assess
employment stability, unless under special circumstances, especially at
the request of the individual, the individualized written
rehabilitation program provides for off-site monitoring, and, based
upon that assessment, the coordination or provision of specific
services at or away from the work site, that are needed to maintain
employment stability. If off-site monitoring is determined to be
appropriate, it must, at a minimum, consist of two meetings with the
individual and one contact with the employer each month. On-going
support services consist of--
(A) Any particularized assessment needed to supplement the
comprehensive assessment of rehabilitation needs;
(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 such as 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;
(H) Any other service identified in the scope of rehabilitation
services described in 34 CFR part 361; and
(I) Any service similar to the foregoing services.
(Authority: 29 U.S.C. 706(18), 706(27), 706(33), 706(34), 711(c),
and 795j)
Subpart B--How Does a State Apply for a Grant?
Sec. 363.10 What documents must a State submit to receive a grant?
To receive a grant under this part, a State must submit to the
Secretary, as part of the State plan under 34 CFR part 361, a State
plan supplement that meets the requirements of Sec. 363.11.
(Authority: 29 U.S.C. 795n)
Sec. 363.11 What information and assurances must be included in the
State plan supplement?
Each State plan supplement must include the following:
(a) Designated State agency. Designate the State unit or units for
vocational rehabilitation services identified in the State plan
submitted under 34 CFR part 361 as the State agency or agencies to
administer this program.
(b) Results of needs assessment. Summarize the results of the needs
assessment of individuals with severe disabilities conducted under
title I of the Act with respect to the rehabilitation and career needs
of individuals with severe disabilities and the need for supported
employment services. The results of the needs assessment must address
the coordination and use of information within the State relating to
section 618(b)(1)(c) of the Individuals with Disabilities Education
Act.
(c) Quality, scope, and extent of services. Describe the quality,
scope, and extent of supported employment services to be provided to
individuals with the most severe disabilities under this program. The
description must address the timing of the transition to extended
services referred to in Sec. 363.50(b)(2).
(d) Distribution of funds. Describe the State's goals and plans
with respect to the distribution of funds received under Sec. 363.20.
(e) Collaboration. Demonstrate evidence of the efforts of the
designated State unit to identify and make arrangements, including
entering into cooperative agreements, with--
(1) Other State agencies and other appropriate entities to assist
in the provision of supported employment services; and
(2) Other public or non-profit agencies or organizations within the
State, employers, natural supports, and other entities with respect to
the provision of extended services.
(f) Minority outreach. Describe the designated State unit's
outreach procedures for identifying and serving individuals with the
most severe disabilities who are minorities.
(g) Assurances. Provide assurances that--
(1) Funds made available under this part will only be used to
provide supported employment services authorized under the Act to
individuals who are eligible under this part to receive the services;
(2) The comprehensive assessments of individuals with severe
disabilities conducted under section 102(b)(1)(A) and funded under
title I of the Act will include consideration of supported employment
as an appropriate rehabilitation objective;
(3) An individualized written rehabilitation program, as required
by section 102 of the Act, will be developed and updated, using funds
under title I, that--
(i) Specifies the supported employment services to be provided to
each individual served under this program, including a description of
the expected extended services needed, which may include natural
supports, and an identification of the State, Federal, or private
programs or other resources that will provide the extended services,
including a description of the basis for determining that extended
services are available, or to the extent that it is not possible to
identify the source of extended services at the time the individualized
written rehabilitation program is developed, a statement describing the
basis for concluding that there is a reasonable expectation that
sources will become available;
(ii) Provides for periodic monitoring to ensure that each
individual with severe disabilities is making satisfactory progress
toward meeting the weekly work requirement established in the
individualized written rehabilitation program by the time of transition
to extended services;
(4) The State will use funds provided under this part only to
supplement, and not supplant, the funds provided under title I of the
Act, in providing supported employment services specified in the
individualized written rehabilitation program;
(5) Services provided under an individualized written
rehabilitation program will be coordinated with services provided under
other individualized plans established under other Federal or State
programs;
(6) To the extent job skills training is provided, the training
will be provided on-site;
(7) Supported employment services will include placement in an
integrated setting for the maximum number of hours possible based on
the unique strengths, resources, interests, concerns, abilities, and
capabilities of individuals with the most severe disabilities;
(8) The designated State agency or agencies will expend no more
than 5 percent of the State's allotment under this part for
administrative costs of carrying out this program; and
(9) The public participation requirements of section 101(a)(23) are
met.
(h) Other information. Contain any other information and be
submitted in the form and in accordance with the procedures that the
Secretary may require.
(Approved by the Office of Management and Budget under control
number 1820-0500)
(Authority: 29 U.S.C. 795n)
Subpart C--How Does the Secretary Make a Grant?
Sec. 363.20 How does the Secretary allocate funds?
The Secretary allocates funds under this program in accordance with
section 632(a) of the Act.
(Authority: 29 U.S.C. 795k)
Sec. 363.21 How does the Secretary reallocate funds?
The Secretary reallocates funds in accordance with section 632(b)
of the Act.
(Authority: 29 U.S.C. 795k)
Subparts D-E--[Reserved]
Subpart F--What Post-Award Conditions Must Be Met by a State?
Sec. 363.50 What collaborative agreements must the State develop?
(a) A designated State unit must enter into one or more written
cooperative agreements or memoranda of understanding with other
appropriate State agencies, private nonprofit organizations, and other
available funding sources to ensure collaboration in a plan to provide
supported employment services and extended services to individuals with
the most severe disabilities.
(b) A cooperative agreement or memorandum of understanding must, at
a minimum, specify the following:
(1) The supported employment services to be provided by the
designated State unit with funds received under this part.
(2) The extended services to be provided by relevant State
agencies, private nonprofit organizations, or other sources following
the cessation of supported employment services under this part.
(3) The estimated funds to be expended by the participating party
or parties in implementing the agreement or memorandum.
(4) The projected number of individuals with the most severe
disabilities who will receive supported employment services and
extended services under the agreement or memorandum.
(Authority: 29 U.S.C. 795n)
Sec. 363.51 What are the allowable administrative costs?
(a) Administrative costs--general. Expenditures are allowable for
the following administrative costs:
(1) Administration of the State plan supplement for this program.
(2) Planning program development, and personnel development to
implement a system of supported employment services.
(3) Monitoring, supervision, and evaluation of this program.
(4) Technical assistance to other State agencies, private nonprofit
organizations, and businesses and industries.
(b) Limitation on administrative costs. Not more than five percent
of a State's allotment may be expended for administrative costs for
carrying out this program.
(Authority: 29 U.S.C. 795n)
Sec. 363.52 What are the information collection and reporting
requirements?
(a) A State shall collect and report information as required under
section 13 of the Act for each individual with the most severe
disabilities served under this program.
(b) The State shall collect and report separately information for
(1) Supported employment clients served under this program; and
(2) Supported employment clients served under 34 CFR part 361.
(Approved by the Office of Management and Budget under control
number 1820-0551)
(Authority: 29 U.S.C. 712 and 795o)
Sec. 363.53 What special conditions apply to services and activities
under this program?
Each grantee shall coordinate the services provided to an
individual under this part and under 34 CFR part 361 to ensure that the
services are complementary and not duplicative.
(Authority: 29 U.S.C. 711(c) and 795p)
Sec. 363.54 What requirements must a State meet before it provides for
the transition of an individual to extended services?
A designated State unit must provide for the transition of an
individual with the most severe disabilities to extended services no
later than 18 months after placement in supported employment, unless a
longer period is established in the individualized written
rehabilitation program, and only if the individual has made substantial
progress toward meeting the hours-per-week work goal provided for in
the individualized written rehabilitation program, the individual is
stabilized in the job, and extended services are available and can be
provided without a hiatus in services.
(Authority: 29 U.S.C. 795n and 711(c))
Sec. 363.55 What are the requirements for successfully rehabilitating
an individual in supported employment?
An individual with the most severe disabilities who is receiving
supported employment services is considered to be successfully
rehabilitated if the individual maintains a supported employment
placement for 60 days after making the transition to extended services.
(Authority: 29 U.S.C. 711(c))
Sec. 363.56 What notice requirements apply to this program?
Each grantee must advise applicants for or recipients of services
under this part, or as appropriate, the parents, family members,
guardians, advocates, or authorized representatives of those
individuals, of the availability and purposes of the State's Client
Assistance Program, including information on seeking assistance from
that program.
(Authority: 29 U.S.C. 718a)
PART 369--VOCATIONAL REHABILITATION SERVICE PROJECTS
2. The authority citation for part 369 continues to read as
follows:
Authority: 29 U.S.C 711(c), 732, 750, 775, 777(a)(1), 777(a)(3),
777(b), 777f, and 795g, unless otherwise noted.
3. In 34 CFR part 369 the word ``handicaps'' is removed, and the
word ``disabilities'' is added, in its place, in the following places:
(a) Section 369.1(a);
(b) Section 369.2(a) (twice), (c) (twice), (d) (twice), and (f)
(twice);
(c) Section 369.31(a)(2)(v)(A) and (b)(2)(iv)(A);
(d) Section 369.43;
(e) Section 369.46; and
(f) Section 369.48.
Sec. 369.1 [Amended]
4. Section 369.1 is further amended by removing the word
``Handicaps'', and adding, in its place, the word ``Disabilities'' in
paragraphs (b)(1), (b)(4), (b)(5), and (b)(7); removing the words
``Severe Handicaps'', and adding, in their place, the word
``Disabilities'' in paragraph (b)(3); removing the words ``Handicapped
Youth'', and adding, in their place, the words ``Youths with
Disabilities'' in paragraph (b)(6); and revising the authority citation
following the section to read as follows:
(Authority: Secs. 112, 130, 305, 308, 311a, 311(a)(3), 311(a)(4),
312, 316, and 621 of the Act; 29 U.S.C. 732, 750, 775, 776,
777(a)(1), 777(a)(3), 777(a)(4), 777(b), 777f, and 795g)
5. Section 369.2 is further amended by removing the word ``severe''
in paragraph (c), removing the words ``handicapped youth'', and adding,
in their place, the words ``youths with disabilities'' in paragraph
(h), and revising paragraphs (e) and (g) to read as follows:
Sec. 369.2 Who is eligible for assistance under these programs?
* * * * *
(e) Vocational rehabilitation service projects for migratory
agricultural workers and seasonal farmworkers with disabilities. State
vocational rehabilitation agencies, local agencies administering
vocational rehabilitation programs under written agreements with State
agencies, and nonprofit agencies working in collaboration with State
vocational rehabilitation agencies are eligible for assistance to
support projects for providing vocational rehabilitation services to
migratory agricultural workers or seasonal farmworkers with
disabilities.
* * * * *
(g) Projects with industry. Any designated State unit, labor union,
community rehabilitation program provider, Indian tribe or tribal
organization employer, trade association, or other agency or
organization with the capacity to create and expand job and career
opportunities for individuals with disabilities is eligible for
assistance to support a project with industry.
* * * * *
6. Section 369.3 is amended by revising paragraph (a) to read as
follows:
Sec. 369.3 What regulations apply to these programs?
* * * * *
(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).
(2) 34 CFR part 75 (Direct Grant 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); except the Part 79 does not apply
to the Vocational Rehabilitation Service Program for American Indians
with Disabilities.
(5) 34 CFR part 80 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments).
(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).
* * * * *
7. Section 369.4 is amended by revising paragraph (b) to read as
follows:
Sec. 369.4 What definitions apply to these programs?
* * * * *
(b) The following definitions also apply to programs under
Vocational Rehabilitation Service Projects:
Act means the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.),
as amended.
Community rehabilitation program means a program that provides
directly or facilitates the provision of vocational rehabilitation
services to individuals with disabilities, and that provides, singly or
in combination, for an individual with a disability to enable the
individual to maximize opportunities for employment, including career
advancement--
(1) Medical, psychiatric, psychological, social, and vocational
services that are provided under one management;
(2) Testing, fitting, or training in the use of prosthetic and
orthotic devices;
(3) Recreational therapy;
(4) Physical and occupational therapy;
(5) Speech, language and hearing therapy;
(6) Psychiatric, psychological and social services, including
positive behavior management;
(7) Assessment for determining eligibility and vocational
rehabilitation needs;
(8) Rehabilitation technology;
(9) Job development, placement, and retention services;
(10) Evaluation or control of specific disabilities;
(11) Orientation and mobility services for individuals who are
blind;
(12) Extended employment;
(13) Psychosocial rehabilitation services;
(14) Supported employment services and extended services;
(15) Services to family members when necessary to the vocational
rehabilitation of the individual;
(16) Personal assistance services; or
(17) Services similar to the services described in paragraphs (1)
through (16) of this definition.
(Authority: Sec. 7(25) of the Act; 29 U.S.C. 706(25))
Employment outcome means entering or retaining full-time or, if
appropriate, part-time competitive employment in the integrated labor
market, the practice of a profession, self-employment, homemaking, farm
or family work (including work for which payment is in kind rather than
cash), extended employment in a community rehabilitation program,
supported employment, or other gainful work.
(Authority: Sec 7(5) of the Act; 29 U.S.C. 706(5))
Individual who is blind means a person who is blind within the
meaning of the law relating to vocational rehabilitation in each State.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
Individual with a disability means any individual who--
(1) Has a physical or mental impairment that for that individual
constitutes or results in a substantial impediment to employment; and
(2) Can benefit in terms of an employment outcome from vocational
rehabilitation services provided under Titles I, III, VI, or VIII of
the Act.
(Authority: Sec. 7(8)(A) of the Act; 29 U.S.C. 706(8)(A))
Individual with a severe disability means an individual with a
disability--
(1) 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;
(2) Whose vocational rehabilitation can be expected to require
multiple vocational rehabilitation services over an extended period of
time; and
(3) 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), paraplegia, quadriplegia and other spinal cord
conditions, sickle-cell anemia, specific learning disabilities, end-
stage renal disease, or another disability or combination of
disabilities determined to cause comparable substantial functional
limitation.
(Authority: Sec. 7(15)(A) of the Act; 29 U.S.C. 706(15)(A))
Physical and mental restoration services means--
(1) Medical or corrective surgical treatment for the purpose of
correcting or modifying substantially a physical or mental condition
that is stable or slowly progressive and constitutes a substantial
impediment to employment and that is likely, within a reasonable period
of time, to be corrected or substantially modified as a result of the
medical or surgical treatment;
(2) Diagnosis and treatment for mental or emotional disorders by
qualified personnel in accordance with State licensure laws;
(3) Dentistry;
(4) Nursing services;
(5) Necessary hospitalization (either inpatient or outpatient care)
in connection with surgery or treatment and clinic services;
(6) Convalescent or nursing home care;
(7) Drugs and supplies;
(8) Prosthetic, orthotic, or other assistive devices, including
hearing aids essential to obtaining or retaining employment;
(9) 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 qualified persons
under State licensure laws, that are selected by the individual;
(10) Podiatry;
(11) Physical therapy;
(12) Occupational therapy;
(13) Speech and hearing therapy;
(14) Psychological services;
(15) Therapeutic recreation services;
(16) Medical or medically related social work services;
(17) 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;
(18) Special services for the treatment of individuals with end-
stage renal disease, including transplantation, dialysis, artificial
kidneys, and supplies; and
(19) Other medical or medically related rehabilitation services,
including art therapy, dance therapy, music therapy, and psychodrama.
(Authority: Sec. 103(a)(4) of the Act; 29 U.S.C. 723(a)(4))
Physical or mental impairment means a physical or mental condition
which materially limits, contributes to limiting or, if not corrected,
will probably result in limiting an individual's employment activities
or vocational functioning.
(Authority: Sec. 7(8)(A) of the Act; 29 U.S.C. 706(8)(A))
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))
State agency means the sole State agency designated to administer
(or supervise local administration of) the State plan for vocational
rehabilitation services. The term includes the State agency for the
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.
721(a)(1)(A))
State plan means the State plan for vocational rehabilitation
services. (34 CFR Part 361)
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
State unit, State vocational rehabilitation unit or designated
State unit means either--
(1) 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; or
(2) 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) of the Act; 29 U.S.C. 706(3))
Substantial impediment to employment means that a physical or
mental impairment (in light of attendant medical, psychological,
vocational, educational, and other related factors) significantly
restricts an individual's occupational performance by preventing his
preparing for, obtaining, or retaining employment consistent with his
capacities and abilities.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
Vocational rehabilitation services: (1) When provided to an
individual, means any goods or services necessary to render an
individual with a disability employable, including, but not limited to,
the following--
(i) An assessment for determining eligibility and vocational
rehabilitation needs by qualified personnel, including, if appropriate,
an assessment by personnel skilled in rehabilitation technology;
(ii) Counseling, guidance, and work-related placement services for
individuals with disabilities, including job search assistance,
placement assistance, job retention services, personal assistance
services, and follow-up, follow-along, and specific diagnosis services
necessary to assist such individuals to maintain, regain, or advance in
employment;
(iii) Vocational and other training services for individuals with
disabilities, including personal and vocational adjustment, books, or
other training materials;
(iv) Services to the families of such individuals with
disabilities, if necessary to the adjustment or rehabilitation of such
individuals;
(v) Physical and mental restoration services;
(vi) Maintenance for additional costs incurred while participating
in rehabilitation;
(vii) Interpreter services and note-taking services for individuals
who are deaf, including tactile interpreting for individuals who are
deaf-blind;
(viii) Reader services and note-taking services for those
individuals who are determined to be blind after an examination by
qualified personnel under State licensure laws;
(ix) Recruitment and training services to provide new employment
opportunities in the fields of rehabilitation, health, welfare, public
safety and law enforcement, and other appropriate service employment;
(x) Rehabilitation teaching services and orientation and mobility
services for individuals who are blind;
(xi) Occupational licenses, tools, equipment, and initial stocks
and supplies;
(xii) Transportation in connection with the rendering of any
vocational rehabilitation service;
(xiii) Telecommunications, sensory, and other technological aids
and devices;
(xiv) Rehabilitation technology services;
(xv) Referral and other services designed to assist individuals
with disabilities in securing needed services from other agencies;
(xvi) Transition services that promote or facilitate the
accomplishment of long-term rehabilitation goals and intermediate
rehabilitation objectives;
(xvii) On-the-job or other related personal assistance services
provided while an individual with a disability is receiving vocational
rehabilitation services; and
(xviii) Supported employment services.
(Authority: Sec. 103(a) of the Act; 29 U.S.C. 723(a))
(2) When provided for the benefit of groups of individuals,
Vocational rehabilitation services also means--
(i) In the case of any type of small business enterprise operated
by individuals with the most severe disabilities under the supervision
of the State unit, management services, and supervision and acquisition
of vending facilities or other equipment, and initial stocks and
supplies;
(ii) The establishment, development, or improvement of community
rehabilitation programs, including, under special circumstances, the
construction of a rehabilitation facility to provide services that
promote integration and competitive employment;
(iii) The provision of services, including services provided at
community rehabilitation programs, that promise to contribute
substantially to the rehabilitation of a group of individuals but that
are not related directly to the individualized written rehabilitation
program of any one individual with disabilities;
(iv) The use of existing telecommunications systems;
(v) The use of services providing recorded material for persons who
are blind and captioned films or video cassettes for persons who are
deaf; and
(vi) Technical assistance and support services to businesses that
are not subject to Title I of the Americans with Disabilities Act of
1990 and that are seeking to employ individuals with disabilities.
(Authority: Sec. 103(b) of the Act; 29 U.S.C. 723(b))
8. A new Sec. 369.21 is added to subpart C to read as follows:
Sec. 369.21 What application requirement applies to these programs?
Each applicant for a grant under a program under 34 CFR Parts 372,
373, 374, 375, 376, 378, or 379 must include in its application a
description of the manner in which it will address the needs of
individuals with disabilities from minority backgrounds.
(Approved by the Office of Management and Budget under control
number 1820-0018)
(Authority: Sec. 21(b)(5) of the Act; 29 U.S.C. 718b)
9. Section 369.42 is amended by revising the heading, designating
the existing text as paragraph (a), adding a new paragraph (b), and
revising the authority citation following the section to read as
follows:
Sec. 369.42 What special requirements affect provision of services to
individuals with disabilities?
* * * * *
(b) Each grantee under 34 CFR parts 371, 372, 373, 374, 375, 376,
378, or 379 must advise applicants for or recipients of services under
its project, or as appropriate, the parents, family members, guardians,
advocates, or authorized representatives of those individuals, of the
availability and purposes of the State's Client Assistance Program,
including information on seeking assistance from that program.
(Authority: Secs. 20 and 306(h) of the Act; 29 U.S.C. 718a and
776(h))
Sec. 369.44 [Removed]
10. Section 369.44 is removed.
Sec. 369.45 [Redesignated as Sec. 369.44 and amended]
11. Section 369.45 is redesignated as Sec. 369.44 and amended by
removing the word ``workshops'' in the heading and text, and adding, in
its place, the words ``community rehabilitation programs''.
Sec. 369.46 [Redesignated as Sec. 369.45]
12. Section 369.46, as amended, is redesignated as Sec. 369.45.
Sec. 369.47 [Redesignated as Sec. 369.46]
13. Section 369.47 is redesignated as Sec. 369.46.
Sec. 369.48 [Redesignated as Sec. 369.47]
14. Section 369.48, as amended, is redesignated as Sec. 369.47.
15. The title of part 371 is revised to read as follows:
PART 371--VOCATIONAL REHABILITATION SERVICE PROJECTS FOR AMERICAN
INDIANS WITH DISABILITIES
16. The authority citation for part 371 continues to read as
follows:
Authority: 29 U.S.C. 711(c) and 750, unless otherwise noted.
17. In 34 CFR part 371 the word ``handicaps'' is removed, and the
word ``disabilities'' is added, in its place, in the following places:
(a) Section 371.1;
(b) Section 371.21(d) (twice), (e), (f), (g), (h), and (i);
(c) Section 371.30(f)(2) (i) and (ii);
(d) Section 371.41(a)(2) and (b);
(e) Section 371.42 (a) and (c); and
(f) Section 371.43 (a) and (b).
18. Section 371.1 is amended by revising the heading to read as
follows:
Sec. 371.1 What is the Vocational Rehabilitation Service Program for
American Indians with Disabilities?
* * * * *
Sec. 371.4 [Amended]
19. Section 371.4 is amended by revising the authority citation
following the definition for ``Reservation'' in paragraph (b) to read
as follows:
(Authority: Secs. 12(c) and 130(c) of the Act; 29 U.S.C. 711(c) and
750(c))
20. Section 371.10 is revised to read as follows:
Sec. 371.10 What types of projects are authorized under this program?
The Vocational Rehabilitation Service Program for American Indians
with Disabilities provides financial assistance for the establishment
and operation of tribal vocational rehabilitation service programs for
American Indians with disabilities who reside on Federal or State
reservations.
(Authority: Sec. 130(a) of the Act; 29 U.S.C. 750(a))
21. Section 371.21 is amended by revising paragraph (c), removing
the word ``facilities'' in paragraph (j), and adding, in its place, the
words ``community rehabilitation programs'', and revising the authority
citation following paragraph (j) to read as follows:
Sec. 371.21 What are the special application requirements related to
the State plan program?
* * * * *
(c) Priority in the delivery of vocational rehabilitation service
will be given to those American Indians with disabilities who are the
most severely disabled.
* * * * *
(j) * * *
(Authority: Secs. 12(c) and 101(a) (6) and (7) of the Act; 29 U.S.C.
711(c) and 721(a) (6) and (7))
* * * * *
Sec. 371.40 [Amended]
22. Section 371.40 is amended by revising the authority citation
following the section to read as follows:
(Authority: Secs. 12(c) and 130(a) of the Act; 29 U.S.C. 711(c) and
750(a))
Sec. 371.42 [Amended]
23. Section 371.42 is amended by removing the words
``rehabilitation facility'' in paragraph (a), and adding, in their
place, the words ``community rehabilitation program''.
Sec. 371.43 [Amended]
24. Section 371.43 is amended by revising the authority citation
following the section to read as follows:
(Authority: Secs. 12(c) and 130(b)(2) of the Act; 29 U.S.C. 711(c)
and 750(b)(2))
PART 373--[AMENDED]
25. The title of part 373 is revised to read as follows:
PART 373--SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING
VOCATIONAL REHABILITATION SERVICES TO INDIVIDUALS WITH DISABILITIES
26. The authority citation for part 373 continues to read as
follows:
Authority: 29 U.S.C. 711(c), 777a(a)(1), and 777a(a)(4), unless
otherwise noted.
27. Section 373.1 is revised to read as follows:
Sec. 373.1 What is the Program of Special Projects and Demonstrations
for Providing Vocational Rehabilitation Services to Individuals with
Disabilities?
This program is designed to provide financial assistance to
projects for expanding or otherwise improving vocational rehabilitation
services and other rehabilitation services for individuals with
disabilities, especially individuals with the most severe disabilities.
(Authority: Sec. 311(a) of the Act; 29 U.S.C. 777(a))
28. Section 373.10 is revised to read as follows:
Sec. 373.10 What types of projects are authorized under this program?
(a) Authorized activities under this program include carrying out
special projects concerned with establishing programs for expanding or
otherwise improving vocational rehabilitation services and other
rehabilitation services to individuals with disabilities, especially
those individuals with the most severe disabilities.
(b) Projects also may be conducted to meet the special needs of
isolated populations of individuals with disabilities, particularly
among American Indians residing on or outside of reservations.
(c) Individuals with disabilities served under this program include
individuals who are blind, individuals who are deaf, and other groups
of individuals with disabilities who are members of populations that
are unserved or underserved by programs under the Act, as identified by
the Secretary in a notice published in the Federal Register.
(Authority: Sec. 311(a)(1) and 311(a)(4) of the Act; 29 U.S.C.
777(a)(1) and 777a(a)(4))
29. Section 373.11 is amended by revising the heading, the
undesignated introductory text, and paragraphs (a) and (c) to read as
follows:
Sec. 373.11 What specific activities must be supported under this
program to provide services to individuals who are blind?
Projects in which services are provided to individuals who are
blind must--
(a) Demonstrate innovative methods of providing intensive
rehabilitation services needed to rehabilitate individuals who are
blind; or
* * * * *
(c) Conduct coordinated rehabilitation service activities with
other public or nonprofit agencies serving individuals who are blind in
the same area.
30. Section 373.12 is revised to read as follows:
Sec. 373.12 What specific activities must be supported under this
program to provide services to individuals who are deaf?
Projects in which services are provided to individuals who are deaf
must--
(a) Demonstrate innovative methods of providing the specialized
services needed to rehabilitate and make maximum use of the vocational
potential of individuals who are deaf; or
(b) Conduct coordinated activities with other public and nonprofit
agencies administering programs for people who are deaf in the same
area in order to expand or improve rehabilitation services for
individuals who are deaf.
(Authority: Sec. 311(a) of the Act; 29 U.S.C. 777a)
31. Section 373.30 is amended by revising paragraphs (f)(2)(i),
(g)(2)(i), (g)(2)(iv), and (h)(2) to read as follows:
Sec. 373.30 What selection criteria does the Secretary use under this
program?
* * * * *
(f) * * *
(2) * * *
(i) A broad range of vocational rehabilitation services and other
rehabilitation services will be available to individuals with
disabilities, especially individuals with the most severe disabilities,
within the project;
* * * * *
(g) * * *
(2) * * *
(i) The project will be designed primarily for individuals with the
most severe disabilities being provided vocational rehabilitation
services by State vocational rehabilitation units;
* * * * *
(iv) All comparable benefits for which project clients might be
eligible will be utilized.
(h) * * *
(2) The Secretary looks for information that shows that the
approach to be used in providing vocational rehabilitation services and
other rehabilitation services will be innovative and appropriate to the
groups of individuals with severe disabilities being served.
* * * * *
32. Section 373.40 is revised to read as follows:
Sec. 373.40 What are the matching requirements?
Grants may be made for paying all or part of the cost of activities
covered under this program. If part of the costs is to be paid by the
grantee, the amount of grantee participation is specified in the
application notice and will not be more than 10 percent of the total
cost of the project.
(Authority: Secs. 12(c) and 311 of the Act; 29 U.S.C. 711(c) and
777(a))
Secs. 373.41 and 373.42 [Removed]
33. Sections 373.41 and 373.42 are removed.
PART 374--[AMENDED]
34. The title of part 374 is revised to read as follows:
PART 374--SPECIAL PROJECTS AND DEMONSTRATIONS FOR MAKING
RECREATIONAL ACTIVITIES ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES
35. The authority citation for part 374 continues to read as
follows:
Authority: 29 U.S.C. 711(c) and 777a(a)(3), unless otherwise
noted.
36. Section 374.1 is revised to read as follows:
Sec. 374.1 What is the Program of Special Projects and Demonstrations
for Making Recreational Activities Accessible to Individuals with
Disabilities?
This program is designed to provide financial assistance to
projects to demonstrate methods of making recreational activities fully
accessible to individuals with disabilities.
(Authority: Sec. 311(a)(3) of the Act; 29 U.S.C. 777a(a)(3)).
Sec. 374.3 [Amended]
37. Section 374.3 is amended by removing ``734'' in paragraph (b),
and adding, in its place, ``374''.
38. Section 374.10 is amended by revising paragraph (a) and by
removing the word ``handicaps'' both times it appears in paragraph (c),
and adding, in its place, the word ``disabilities'' to read as follows:
Sec. 374.10 What types of projects are authorized under this program?
(a) This program provides financial assistance for the support of
special projects and demonstrations, and related research and
evaluation, to demonstrate methods of making recreational activities
fully accessible to individuals with disabilities.
* * * * *
Sec. 374.30 [Amended]
39. Section 374.30 is amended by removing the word ``handicaps'',
and adding, in its place, the word ``disabilities'' in paragraphs
(f)(1), (g)(1), (g)(2)(i), (g)(2)(ii), (g)(2)(iv), and (g)(2)(v).
40. Section 374.40 is revised to read as follows:
Sec. 374.40 What are the matching requirements?
Grants may be made for paying all or part of the costs of
activities covered under this program. If part of the costs is to be
paid by the grantee, the amount of grantee participation is specified
in the application notice and will not be more than 10 percent of the
total cost of the project.
(Authority: Secs. 12(c) and 311(a)(3) of the Act; 29 U.S.C. 711(c)
and 777a(a)(3)).
Sec. 374.41 [Removed]
41. Section 374.41 is removed.
Sec. 374.42 [Redesignated as Sec. 374.41 and amended]
42. Section 374.42 is redesignated as Sec. 374.41 and amended by
removing the word ``handicaps'', and adding, in its place the word
``disabilities''.
Sec. 374.43 [Removed]
43. Section 374.43 is removed.
PART 375--[AMENDED]
44. The heading for part 375 is revised to read as follows:
PART 375--VOCATIONAL REHABILITATION SERVICE PROJECTS PROGRAM FOR
MIGRATORY AGRICULTURAL WORKERS AND SEASONAL FARMWORKERS WITH
DISABILITIES
45. The authority citation for part 375 continues to read as
follows:
Authority: 29 U.S.C. 711(c) and 777b, unless otherwise noted.
46. The authority citations for Secs. 375.30, 375.40, 375.41, and
375.42 are revised to read as follows:
(Authority: Secs. 12(c) and 312 of the Act; 29 U.S.C. 711(c) and
777b).
47. In 34 CFR part 375 the word ``handicaps'' is removed, and the
word ``disabilities'' is added, in its place, in the following places:
(a) Section 375.1;
(b) Section 375.10 (twice); and
(c) Section 375.41 (a) and (b).
48. Section 375.1 is amended by revising the heading and the
authority citation following the section to read as follows:
Sec. 375.1 What is the Vocational Rehabilitation Service Projects
Program for Migratory Agricultural Workers and Seasonal Farmworkers
with Disabilities?
* * * * *
(Authority: Sec. 312 of the Act; 29 U.S.C. 777b)
Sec. 375.2 [Amended]
49. Section 375.2 is amended by adding ``, nonprofit agencies
working in collaboration with State vocational rehabilitation
agencies,'' before the word ``or'' in paragraph (a).
Sec. 375.4 [Amended]
50. Section 375.4 is amended by removing the word ``handicaps'' in
paragraph (b)(1) both times it appears, and adding, in its place, the
word ``disabilities''.
Sec. 375.10 [Amended]
51. Section 375.10 is amended by removing the word ``handicapped''
and adding, in its place, the word ``disabled''.
Sec. 375.30 [Amended]
52. Section 375.30 is amended by removing the words ``State or
local'' in paragraph (g)(2), and adding, in their place, the word
``applicant''.
Sec. 375.41 [Amended]
53. Section 375.41 is amended by adding the words ``or nonprofit''
after the word ``local'' in paragraph (a).
Sec. 375.42 [Amended]
54. Section 375.42 is amended by removing ``1964,'' and adding, in
its place, ``1965, section 311 of the Economic Opportunity Act of
1964,''.
PART 376--[AMENDED]
55. The title of part 376 is revised to read as follows:
PART 376--SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING
TRANSITIONAL REHABILITATION SERVICES TO YOUTH WITH DISABILITIES
56. The authority citation for part 376 is revised to read as
follows:
Authority: 29 U.S.C. 777a(b), unless otherwise noted.
57. In 34 CFR part 376 the words ``handicapped youth'' or
``handicapped youths'' are removed, and the words ``youths with
disabilities'' are added, in their place, in the following places:
(a) Section 376.1;
(b) Section 376.10 (a)(1) and (a)(2);
(c) Section 376.30 (a), (b)(twice), (e)(twice), and (f); and
(d) Section 376.31 (f)(1), (f)(2)(ii), and (g)(2)(i).
58. Section 376.1 is further amended by revising the heading and
the authority citation following the section to read as follows:
Sec. 376.1 What is the program of Special Projects and Demonstrations
for Providing Transitional Rehabilitation Services to Youths with
Disabilities?
* * * * *
(Authority: Sec. 311(b); 29 U.S.C. 777a(b))
Sec. 376.2 [Amended]
59. Section 376.2 is amended by revising the authority citation
following the section to read as follows:
(Authority: Sec. 311(b); 29 U.S.C. 777a(b))
Sec. 376.3 [Amended]
60. Section 376.3 is amended by revising the authority citation
following the section to read as follows:
(Authority: Secs. 12(c) and 311(b); 29 U.S.C. 711(c) and 777a(b))
61. Section 376.4 is amended by revising the definition of
``Extended services'' in paragraph (d)(1), removing the definition of
``Handicapped youth'' in paragraph (d)(2), redesignating paragraph
(d)(3) as (d)(2), adding a new definition of ``Youths with
disabilities'' as paragraph (d)(3), and revising the authority citation
following the section to read as follows:
Sec. 376.4 What definitions apply to this program?
* * * * *
(d) * * *
(1) Extended services means on-going support services and other
appropriate services provided by a State agency, a private nonprofit
organization, employer, or any other appropriate resource, from funds
other than funds under this part, part 361, part 363, or part 380,
after an individual with the most severe disabilities has made the
transition from project support.
* * * * *
(3) Youths with disabilities means individuals with disabilities
between the ages of 12 and 26.
(Authority: Secs. 12(c) and 311(b); 29 U.S.C. 711a(c) and 777(b))
Sec. 376.10 [Amended]
62. Section 376.10 is further amended by removing the word
``facilities'' in paragraph (a)(2), and adding, in its place, the words
``community rehabilitation programs'', removing the words ``handicapped
youths'' in paragraph (c), and adding, in their place, the words
``youths with disabilities'', and revising the authority citation
following the section to read as follows:
(Authority: Secs. 12(c) and 311(b); 29 U.S.C. 711a(c) and 777(b))
Sec. 376.30 [Amended]
63. Section 376.30 is further amended by removing the words
``handicapped youth with'' in the heading of paragraph (c), and adding,
in their place, the words ``youths with disabilities who have'', and
revising the authority citation following the section to read as
follows:
(Authority: Sec. 311(b); 29 U.S.C. 777 (a), (b))
Sec. 376.31 [Amended]
64. Section 376.31 is further amended by removing the words
``handicapped youths'' in paragraph (h)(2)(ii), and adding, in their
place, the words ``youths with disabilities'', and revising the
authority citation following the section to read as follows:
(Authority: Sec. 311(b); 29 U.S.C. 777a(b))
65. Section 376.40 is revised to read as follows:
Sec. 376.40 What are the matching requirements?
The Secretary may pay all or part of the costs of activities funded
under this program. If part of the costs is to be paid by a grantee,
the amount of grantee participation is specified in the application
notice and will not be more than 10 percent of the total cost of the
project.
(Authority: Secs. 12(c) and 311(b); 29 U.S.C. 711(c) and 777a(b))
66. Section 376.41 is amended by revising the authority citation
following the section to read as follows:
(Authority: Sec. 311(b); 29 U.S.C. 777a(b))
PART 377--DEMONSTRATION PROJECTS TO INCREASE CLIENT CHOICE PROGRAM
67. The authority citation for Part 377 continues to read as
follows:
Authority: Sec. 802(g) of the Rehabilitation Act of 1973; 29
U.S.C. 797a(g), unless otherwise noted.
Sec. 377.5 [Amended]
68. Section 377.5 is amended by removing ``II,'' in paragraph (2)
of the definition of ``Individual with a disability'' in paragraph (a).
Sec. 377.11 [Amended]
69. Section 377.11 is amended by revising the authority citation
following the section to read as follows:
(Authority: Secs. 21(b)(6), 802(g)(2), 802(g)(3), 802(g)(5),
802(g)(6), and 802(g)(7) of the Rehabilitation Act of 1973; 29
U.S.C. 718b and 29 U.S.C. 797a(g)(2), (3), (5), (6), and (7)).
PART 378--PROJECTS FOR INITIATING RECREATIONAL PROGRAMS FOR
INDIVIDUALS WITH DISABILITIES
70. The authority citation for part 378 continues to read as
follows:
Authority: 29 U.S.C. 711(c) and 777(f), unless otherwise noted.
Sec. 378.3 [Amended]
71. Section 378.3 as revised by the regulations published in the
Federal Register on July 1, 1993 (58 FR 35764) (effective date pending)
is amended by revising the authority citation following the section to
read as follows:
(Authority: Secs. 21(b)(6) and 316(a)(4) of the Act; 29 U.S.C. 718b
and 777(f))
PART 379--PROJECTS WITH INDUSTRY
72. The authority citation for part 379 continues to read as
follows:
Authority: Secs. 12(c) and 621 of the Act; 29 U.S.C. 711(c) and
795g, unless otherwise noted.
73. Section 379.1 is revised to read as follows:
Sec. 379.1 What is the Projects with Industry program?
This program is designed to--
(a) Create and expand job and career opportunities for individuals
with disabilities in the competitive labor market by engaging the
talent and leadership of private industry as partners in the
rehabilitation process;
(b) Identify competitive job and career opportunities and the
skills needed to perform these jobs;
(c) Create practical settings for job readiness and training
programs; and
(d) Provide job placements and career advancement.
(Authority: Sec. 621(a) of the Act; 29 U.S.C. 795(a))
74. Section 379.2 is revised to read as follows:
Sec. 379.2 Who is eligible for assistance under this program?
Employers and profit-making and nonprofit organizations with which
the Secretary may enter into an agreement include any--
(a) Designated State unit;
(b) Labor union;
(c) Employer;
(d) Community rehabilitation program provider;
(e) Trade association;
(f) Indian tribe or tribal organization; or
(g) Other agency or organization with the capacity to create and
expand job and career opportunities for individuals with disabilities.
(Authority: Sec. 621(a)(2) of the Act; 29 U.S.C. 795g(a)(2))
Secs. 379.3 and 379.4 [Redesignated as Secs. 379.4 and 379.5]
75. Sections 379.3 and 379.4 are redesignated as Secs. 379.4 and
379.5, respectively.
76. A new Sec. 379.3 is added to read as follows:
Sec. 379.3 Who is eligible for services under this program?
(a) An individual is eligible for services under this program if
the appropriate State vocational rehabilitation unit determines the
individual to be an individual with a disability or an individual with
a severe disability.
(b) In making the determination under paragraph (a) of this
section, the State vocational rehabilitation unit shall rely on the
determination made by the recipient of the grant under which the
services are provided.
(c) If a State vocational rehabilitation unit does not notify a
recipient of a grant within 60 days that the determination of the
recipient is inappropriate, the recipient of the grant may consider the
individual to be eligible for services.
(Authority: Sec. 621(a)(3) of the Act; 29 U.S.C. 795g(a)(3))
77. Section 379.10 is amended by revising paragraphs (a), (b), (c),
and (d) and adding paragraph (e) to read as follows:
Sec. 379.10 What types of project activities are required under this
program?
* * * * *
(a) Providing individuals with disabilities with training and
employment in a realistic work setting in order to prepare them for
employment and career advancement in the competitive market;
(b) Providing individuals with disabilities with job placement and
career advancement services;
(c) Providing individuals with disabilities with supportive
services that are necessary to permit them to maintain the employment
and career advancement for which they have received training under this
program; and
(d) To the extent appropriate, providing for--
(1) The development and modification of jobs and careers to
accommodate the special needs of the individuals with disabilities
being trained and employed under this program;
(2) The purchase and distribution of rehabilitation technology to
meet the needs of individuals with disabilities at job sites; and
(3) The modification of any facilities or equipment of the employer
which are to be used by individuals with disabilities under this
program; and
(e) Providing for the establishment of business advisory councils
comprised of representatives of private industry, business concerns,
organized labor, and individuals with disabilities and their
representatives who will identify job and career availability within
the community, the skills necessary to perform those jobs and careers,
and prescribe appropriate training programs.
78. A new Sec. 379.11 is added to Subpart B to read as follows:
Sec. 379.11 What additional types of project activities may be
authorized under this program?
The Secretary may include, as part of agreements with grant
recipients under this program, authority for such grant recipients to
provide the following types of technical assistance:
(a) Assisting employers in hiring individuals with disabilities; or
(b) Improving or developing relationships between grant recipients
or prospective grant recipients and employers or organized labor; or
(c) Assisting employers in understanding and meeting the
requirements of the Americans with Disabilities Act of 1990 (42 U.S.C
12101 et seq.) as the Act relates to employment of individuals with
disabilities.
(Authority: Sec. 621(a) of the Act; 29 U.S.C 795g)
Sec. 379.30 [Amended]
79. Section 379.30 is amended by removing the word ``handicaps'' in
paragraphs (f)(1), (f)(2)(i), (f)(2)(ii), (f)(2)(iii), and (h)(1), and
adding, in its place, the word ``disabilities'', and by removing the
words ``similar benefits'' in paragraph (g)(2)(i), and adding, in their
place, the words ``comparable benefits and services''.
80. Section 379.31 is amended by revising paragraph (a) and the
authority citation following the section to read as follows:
Sec. 379.31 What other factors does the Secretary consider in
reviewing an application?
* * * * *
(a) The equitable distribution of projects among the States and
awards new grants to new projects that will serve individuals with
disabilities in States, portions of States, Indian tribes, or tribal
organizations that are currently unserved or underserved by the
Projects with Industry program; and
* * * * *
(Authority: Secs. 621(e)(2) and 621(f)(4) of the Act; 29 U.S.C.
795g(e)(2) and 795g(f)(4))
81. Section 379.41 is amended by revising paragraphs (f) and (g) to
read as follows:
Sec. 379.41 What are allowable costs?
* * * * *
(f) The purchase or modification of rehabilitation technology to
meet the needs of individuals with disabilities; and
(g) Alteration and renovation appropriate and necessary to ensure
access to and utilization of buildings by persons with disabilities.
Sec. 379.42 [Amended]
82. Section 379.42 is amended by removing the word ``handicaps'' in
the undesignated introductory text and in paragraph (a), and adding, in
its place, the word ``disabilities''.
83. Section 379.43 is amended by removing the words ``handicapped
individual'' in paragraph (d), and adding, in their place, the words
``individual with a disability'', by removing paragraphs (f) and (i),
and redesignating paragraphs (g), (h), (j), (k), (l), (m), and (n) as
paragraphs (f), (g), (h), (i), (j), (k), and (l), respectively, and by
revising the redesignated paragraphs to read as follows:
Sec. 379.43 What general provisions are required in agreements?
* * * * *
(f) Provide reasonable assurance that individuals with disabilities
successfully completing the training program will be employed by the
employer or within a similar enterprise;
(g) Specify the duration of the project, not to exceed five years;
(h) Provide that any individual with disabilities placed with an
employer under this program will be given terms and benefits of
employment equal to those which are given to similarly situated co-
workers of the individual;
(i) Provide that employees with disabilities will not be segregated
from their co-workers;
(j) Contain an agreement to make reports and to keep any records
and accounts required by the Secretary and to make records and accounts
available for audit purposes;
(k) Contain a description of an annual evaluation plan which
contains, at a minimum, the following elements:
(1) The numbers and types of individuals with disabilities served.
(2) The types of services provided.
(3) The sources of funding.
(4) The percentage of resources committed to each type of service
provided.
(5) The extent to which the employment status and earning power of
individuals with disabilities changed following services.
(6) The extent of capacity building activities, including
collaboration with business and industry and other organizations,
agencies, and institutions.
(7) A comparison, if appropriate, of activities in prior years with
activities in the most recent year.
(8) The number of project participants who were terminated from
project placements and the duration of those placements; and
(l) Provide assurance that an evaluation report containing the data
specified in paragraph (k) of this section will be submitted to the
Secretary.
84. Section 379.44 is amended by adding a new paragraph (c) to read
as follows:
Sec. 379.44 What wage rates are required under agreements?
* * * * *
(c) The agreement must also provide that individuals with
disabilities who are placed in competitive employment must receive at
least the applicable minimum wage.
PART 380--[AMENDED]
85. The title of part 380 is revised to read as follows:
PART 380--SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING
SUPPORTED EMPLOYMENT SERVICES TO INDIVIDUALS WITH THE MOST SEVERE
DISABILITIES AND TECHNICAL ASSISTANCE PROJECTS
86. The authority citation for part 380 is revised to read as
follows:
Authority: 29 U.S.C 711(c) and 777a(c), unless otherwise noted.
87. In 34 CFR part 380 the words ``severe handicaps'' are removed,
and the words ``the most severe disabilities'' are added, in their
place, in the following places:
(a) Section 380.3(a) and (b);
(b) Section 380.4(b)(1), (b)(2) introductory text, (b)(2)(i), and
(b)(2)(ii);
(c) Section 380.6(b);
(d) Section 380.11(h)(2)(i);
(e) Section 380.12(f) and (g)(1);
(f) Section 380.13(h)(1)(twice), (h)(2)(i), and (h)(2)(ii); and
(g) Section 380.20.
88. Sections 380.2, 380.5, 380.10, 380.12, and 380.20 are amended
by revising the authority citation following the section to read as
follows:
(Authority: 29 U.S.C. 777a(c))
89. Sections 380.3, 380.4, 380.11 and 380.14 are amended by
revising the authority citation following the section to read as
follows:
(Authority: 29 U.S.C. 777a(a)(1) and 777a(c))
90. Section 380.1 is revised to read as follows:
Sec. 380.1 What is the program of special projects and demonstrations
for providing supported employment services to individuals with the
most severe disabilities and technical assistance projects?
This program is designed to provide grants for special projects and
demonstrations to expand or otherwise improve the provision of
supported employment services to individuals with the most severe
disabilities, including projects that demonstrate the effectiveness of
natural supports or other alternative approaches for supporting and
maintaining individuals in supported employment, and grants for
technical assistance projects.
(Authority: 29 U.S.C. 777a(a)(1) and 777a(c))
Sec. 380.2 [Amended]
91. Section 380.2 is amended by removing the words ``rehabilitation
facilities'' in paragraphs (a) and (b), and adding, in their place, the
words ``community rehabilitation programs''.
Sec. 380.4 [Amended]
92. Section 380.4 is further amended by removing the word
``statewide'' in the heading, and adding, in its place, the word
``Statewide''.
93. Section 380.5 is amended by revising paragraphs (a)(5) and
(a)(6) to read as follows:
Sec. 380.5 What activities may the Secretary fund under community-
based supported employment projects?
(a) * * *
(5) Application of rehabilitation technology in providing supported
employment services.
(6) Provision of supported employment services for individuals
placed in employment.
* * * * *
94. Sections 380.6, 380.7 and 380.13 are amended by revising the
authority citations following the sections to read as follows:
(Authority: 29 U.S.C. 777a(c)(2))
95. Section 380.8 is amended by removing the words ``Severe
Handicaps'' in the undesignated introductory text, and adding, in their
place, the words ``the Most Severe Disabilities'', and by revising
paragraphs (a) and (c) and the authority citation following the section
to read as follows:
Sec. 380.8 What regulations apply?
* * * * *
(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).
(2) 34 CFR Part 75 (Direct Grant 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).
(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).
* * * * *
(c) The regulations in 34 CFR 369.46
(Authority: 29 U.S.C. 711(c) and 777a(c))
96. Section 380.9 is amended by revising paragraphs (b) and (c) and
the authority citation following the section to read as follows:
Sec. 380.9 What definitions apply?
* * * * *
(b) The following terms used in this part are defined in 34 CFR
part 369:
Designated State unit
Community rehabilitation program
Individual with a severe disability
(c) Other definitions. The following definitions also apply to this
part:
(1) As used in the definition of ``supported employment''--
(i) Competitive work means work that at the time of transition is
performed weekly on a full-time basis or on a part-time basis, as
determined in each individual's program of services, and for which an
individual is compensated consistent with the wage standards provided
for in the Fair Labor Standards Act;
(ii)(A) Integrated work setting means job sites where either--
(1)(i) Most employees are not disabled; and
(ii) An individual with the most severe disabilities interacts on a
regular basis, in the performance of job duties, with employees who are
not disabled; and
(iii) If an individual with the most severe disabilities is part of
a distinct work group of only individuals with disabilities, the work
group consists of no more than eight individuals; or
(2) If there are no other employees or the only other employees are
individuals who are part of a work group as described in paragraph
(c)(1)(ii)(A)(1)(iii) of this section an individual with the most
severe disabilities interacts on a regular basis, in the performance of
job duties, with individuals who are not disabled, including members of
the general public.
(B) The interaction required by paragraphs (c)(1)(ii)(A)(1)(ii) and
(c)(1)(ii)(A)(2) of this section may not be satisfied by contact
between an individual with the most severe disabilities and individuals
who provide on-going support services at the job site;
(iii) Supported employment services means on-going support services
provided by the grantee with funds under this part--
(A) For a period not to exceed 18 months, unless under special
circumstances a longer period to achieve job stabilization has been
jointly agreed to by the individual and the rehabilitation counselor
and established in the individual's program of services, before an
individual with the most severe disabilities makes the transition to
extended services; and
(B) As discrete post-employment services following transition in
accordance with 34 CFR 363.4(c)(3);
(iv) Extended services means on-going support services and other
appropriate services provided by a State agency, a private nonprofit
organization, employer, or any other appropriate resource, from funds
other than funds received under this part, part 361, part 363, or part
376 after an individual with the most severe disabilities has made the
transition from project support; and
(v) Transitional employment means a series of temporary job
placements in competitive work in an integrated work setting with on-
going support services for individuals with the most severe
disabilities due to mental illness. In transitional employment, the
provision of on-going support services must include continuing
sequential job placements until job permanency is achieved.
(2) On-going support services means services that are--
(i) Needed to support and maintain an individual with the most
severe disabilities in supported employment;
(ii) Based on a determination by the grantee of the individual's
needs as specified in a program of services; and
(iii) Furnished by the grantee from the time of job placement until
transition to extended services, except as provided in 34 CFR
363.4(c)(3) and, following transition, 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. On-going
support services must include, at a minimum, twice-monthly monitoring
at the work site of each individual in supported employment to assess
employment stability, unless under special circumstances, especially at
the request of the individual, the individual's program of services
provides for off-site monitoring, and, based upon that assessment, the
coordination or provision of specific services, at or away from the
work site, that are needed to maintain employment stability. If off-
site monitoring is determined to be appropriate, it must, at a minimum,
consist of two meetings with the individual and one contact with the
employer each month. On-going support services consist of--
(A) Any particularized assessment needed to supplement the
comprehensive assessment of rehabilitation needs;
(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 such as regular contact with the employers,
the individuals, the parents, family members, guardians, advocates or
authorized representative 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;
(H) Any other service identified in the scope of rehabilitation
services described in 34 CFR part 361; and
(I) Any service similar to the foregoing services.
(Authority: 29 U.S.C. 777a(c))
Sec. 380.11 [Amended]
97. Section 380.11 is further amended by removing the word
``statewide'' in the heading, and adding, in its place, the word
``Statewide'' and by removing the word ``handicapping'' in paragraphs
(a)(2) and (b)(1)(iv), and adding, in its place, the word
``disabling''.
98. A new 380.15 is added to subpart B to read as follows:
Sec. 380.15 What application requirement applies to this program?
Each applicant for a grant under this program must include in its
application a description of the manner in which it will address the
needs of individuals with the most severe disabilities from minority
backgrounds.
(Approved by the Office of Management and Budget under control
number 1820-0018.)
(Authority: 29 U.S.C. 718b)
99. A new Sec. 380.21 is added to subpart C to read as follows:
Sec. 380.21 What information requirement applies to this program?
Each grantee must advise recipients of services under its project
or, as appropriate, the parents, family members, guardians, advocates,
or authorized representatives of those individuals, of the availability
and purposes of the State's Client Assistance Program, including
information on seeking assistance from that program.
(Authority: 29 U.S.C. 718a)
PART 381--PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS
100. The authority citation for part 381 continues to read as
follows:
Authority: 29 U.S.C 794e, unless otherwise noted.
101. Section 381.2 is amended by removing the word ``State'' in
paragraph (a); removing the word ``receive'' in paragraph (a) and
adding, in its place, the words ``apply for''; revising paragraph (b);
and removing the words ``may receive the amount'' in paragraph (c), and
adding, in their place, the words ``may apply to receive the amount''
to read as follows:
Sec. 381.2 Who is eligible for an award?
* * * * *
(b) In any fiscal year in which the amount appropriated to carry
out this section is less than $5,500,000, a protection and advocacy
system from any State or from Guam, American Samoa, the United States
Virgin Islands, the Commonwealth of the Northern Mariana Islands, or
the Republic of Palau may apply for a grant under the Protection and
Advocacy of Individual Rights (PAIR) program to plan for, develop
outreach strategies for, and carry out a protection and advocacy
program authorized under this part, except that the Republic of Palau
may not apply for a grant under the PAIR program after the Compact of
Free Association with Palau takes effect.
* * * * *
101. Section 381.3 is amended by revising paragraph (a)(4) to read
as follows:
Sec. 381.3 What activities may the Secretary fund?
(a) * * *
(4) Coordinating the protection and advocacy program provided
through an eligible system with the advocacy programs under--
(i) Section 112 of the Act (the Client Assistance Program (CAP));
(ii) The Older Americans Act of 1965 (the State long-term care
ombudsman program);
(iii) Part C of the DDA; and
(iv) The Protection and Advocacy for Individuals with Mental
Illness Act of 1986 (PAIMI), 42 U.S.C. 10801-10851.
102. In Sec. 381.5 paragraph (b) is amended by removing the comma
before the word ``organizations'' in the definition of ``Advocacy'',
and adding, in its place, the word ``or'', and adding a comma after the
word ``organizations''; revising paragraph (3) of the definition of
``Advocacy''; revising the definition of ``Eligible individual with a
disability''; revising the first sentence of the definition of
``Mediation'', and adding the word ``independent'' before ``third party
mutually''; and by removing ``the allotments under sections 509(b)-
(e)'' in the definition of ``State'', and adding, in its place,
``section 509 (c)(3)(B) and (c)(4)'', to read as follows:
Sec. 381.5 What definitions apply?
* * * * *
(b) * * *
Advocacy * * *
(3) Oneself, in which case it is self advocacy.
Eligible individual with a disability means an individual who--
(1) Needs protection and advocacy services that are beyond the
scope of services authorized to be provided by the CAP under section
112 of the Act; and
(2) Is ineligible for--
(i) Protection and advocacy programs under Part C of the DDA; and
(ii) Protection and advocacy programs under the PAIMI.
* * * * *
Mediation means the act or process of using an independent third
party to act as a mediator, intermediary, or conciliator to settle
differences or disputes between persons or parties.
* * * * *
103. Section 381.10 is amended by revising paragraph (a)(6)(ii) to
read as follows:
Sec. 381.10 What are the application requirements?
(a) * * *
(6) * * *
(ii) The coordination of programs provided through eligible systems
with the advocacy programs under--
(A) Section 112 of the Act (CAP);
(B) The Older Americans Act of 1965 (the State long-term care
ombudsman program);
(C) Part C of the DDA; and
(D) The PAIMI;
104. Section 381.21 is amended by removing the words ``agency
designated to operate the PAIR program'' in paragraph (h)(1), and
adding, in their place, the words ``eligible system''.
105. Section 381.30 is amended by revising paragraph (c)
introductory text and paragraph (c)(1) to read as follows:
Sec. 381.30 How are services to be administered?
* * * * *
(c) An eligible system may contract with another agency, entity, or
individual to carry out the PAIR program in whole or in part, but only
if the agency, entity, or individual with whom the eligible system has
contracted--
(1) Does not provide services under the Act or does not provide
treatment, services, or habilitation to persons with disabilities; and
* * * * *
Sec. 381.31 [Amended]
106. Section 381.31 is amended by removing the words ``designated
agency'' in paragraph (b), and adding, in their place, the words
``eligible system''.
107. Section 381.33 is amended by revising paragraph (b) and
removing the last sentence of paragraph (d), to read as follows:
Sec. 381.33 What are the requirements related to the use of funds
provided under this part?
* * * * *
(b) In any State in which an eligible system is located within a
State agency, that State or State agency may not use more than five
percent of any allotment for the costs of administration of the
eligible system supported under this part. For purposes of this
paragraph, ``costs of administration'' include, but are not limited to,
administrative salaries (including salaries for clerical and support
staff), supplies, depreciation or use allowances, the cost of operating
and maintaining facilities, equipment, and grounds (e.g., rental of
office space or equipment, telephone, postage, maintenance agreements),
and other similar types of costs that may be incurred by the State or
State agency to administer the eligible system.
* * * * *
PART 385--REHABILITATION TRAINING
108. The authority citation for part 385 is revised to read as
follows:
Authority: 29 U.S.C. 711(c), 772, and 774, unless otherwise
noted.
109. Section 385.1 is revised to read as follows:
Sec. 385.1 What is the Rehabilitation Training program?
(a) The Rehabilitation Training program is designed to--
(1) Ensure that skilled personnel are available to provide
rehabilitation services to individuals with disabilities through
vocational, medical, social, and psychological rehabilitation programs,
through supported employment programs, through independent living
services programs, and through client assistance programs;
(2) Maintain and upgrade basic skills and knowledge of personnel
employed to provide state-of-the-art service delivery systems and
rehabilitation technology services; and
(3) Provide training and information to individuals with
disabilities, the parents, families, guardians, advocates, and
authorized representatives of the individuals, and other appropriate
parties to develop the skills necessary for individuals with
disabilities to access the rehabilitation system and to become active
decisionmakers in the rehabilitation process.
(b) The Secretary awards grants and contracts to pay part of the
costs of projects for training, traineeships, and related activities,
including the provision of technical assistance, to assist in
increasing the numbers of qualified personnel trained in providing
rehabilitation services and other services provided under the Act, to
individuals with disabilities. Financial assistance is provided through
six categories of training programs:
(1) Rehabilitation Long-Term Training (34 CFR Part 386).
(2) Experimental and Innovative Training (34 CFR Part 387).
(3) State Vocational Rehabilitation Unit In-Service Training (34
CFR Part 388).
(4) Rehabilitation Continuing Education Programs (34 CFR Part 389).
(5) Rehabilitation Short-Term Training (34 CFR Part 390).
(6) Training of Interpreters for Individuals Who Are Deaf and
Individuals Who Are Deaf-Blind (34 CFR Part 396).
(Authority: Secs. 301 and 302 of the Act; 29 U.S.C. 770 and 774)
110. Section 385.2 is revised to read as follows:
Sec. 385.2 Who is eligible for assistance under these programs?
States and public or nonprofit agencies and organizations,
including Indian tribes and institutions of higher education, are
eligible for assistance under the Rehabilitation Training program.
(Authority: Secs. 7(19) and 302 of the Act; 29 U.S.C. 706(19) and
774)
111. Section 385.3 is revised to read as follows:
Sec. 385.3 What regulations apply to these programs?
The following regulations apply to the Rehabilitation Training
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).
(2) 34 CFR Part 75 (Direct Grant 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).
(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 385.
(c) The regulations in 34 CFR Parts 386, 387, 388, 389, 390, and
396, as appropriate.
(Authority: Secs. 12(c) and 302 of the Act; 29 U.S.C. 711(c) and
774)
112. Section 385.4 is amended by revising paragraph (b) and the
authority citation following the section to read as follows:
Sec. 385.4 What definitions apply to these programs?
* * * * *
(b) The following definitions also apply to programs under the
Rehabilitation Training program:
Act means the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.),
as amended.
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
functional capabilities of individuals with disabilities.
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. The term includes--
(1) The evaluation of the needs of an individual with a disability,
including a functional evaluation of the individual in the individual's
customary environment;
(2) Purchasing, leasing, or otherwise providing for the acquisition
of assistive technology devices by individuals with disabilities;
(3) Selecting, designing, fitting, customizing, adapting, applying,
maintaining, repairing, or replacing of assistive technology devices;
(4) Coordinating and using other therapies, interventions, or
services with assistive technology devices, such as those associated
with existing education and rehabilitation plans and programs;
(5) Training or technical assistance for an individual with
disabilities, or, if appropriate, the family of an individual with
disabilities; and
(6) Training or technical assistance for professionals (including
individuals providing education and rehabilitation services),
employers, or other individuals who provide services to, employ, or are
otherwise substantially involved in the major life functions of
individuals with disabilities.
Community rehabilitation program means a program that provides
directly or facilitates the provision of vocational rehabilitation
services to individuals with disabilities, and that provides, singly or
in combination, for an individual with a disability to enable the
individual to maximize opportunities for employment, including career
advancement--
(1) Medical, psychiatric, psychological, social, and vocational
services that are provided under one management;
(2) Testing, fitting, or training in the use of prosthetic and
orthotic devices;
(3) Recreational therapy;
(4) Physical and occupational therapy;
(5) Speech, language, and hearing therapy;
(6) Psychiatric, psychological, and social services, including
positive behavior management;
(7) Assessment for determining eligibility and vocational
rehabilitation needs;
(8) Rehabilitation technology;
(9) Job development, placement, and retention services;
(10) Evaluation or control of specific disabilities;
(11) Orientation and mobility services for individuals who are
blind;
(12) Extended employment;
(13) Psychosocial rehabilitation services;
(14) Supported employment services and extended services;
(15) Services to family members when necessary to the vocational
rehabilitation of the individual;
(16) Personal assistance services; or
(17) Services similar to the services described in paragraphs (1)
through (16) of this definition.
Designated State agency means an agency designated under section
101(a)(1)(A) of the Act.
Designated State unit means (1) Any State agency unit required
under section 101(a)(2)(A) of the Act, or
(2) In cases in which no State agency unit is required, the State
agency described in section 101(a)(2)(B)(i) of the Act.
Independent living core services means--
(1) Information and referral services;
(2) Independent living skills training;
(3) Peer counseling, including cross-disability peer counseling;
and
(4) Individual and systems advocacy.
Independent living services includes--
(1) Independent living core services; and
(2)(i) Counseling services, including psychological,
psychotherapeutic, and related services;
(ii) Services related to securing housing or shelter, including
services related to community group living, and supportive of the
purposes of this Act and of the titles of this Act, and adaptive
housing services (including appropriate accommodations to and
modifications of any space used to serve, or occupied by, individuals
with disabilities);
(iii) Rehabilitation technology;
(iv) Mobility training;
(v) Services and training for individuals with cognitive and
sensory disabilities, including life skills training, and interpreter
and reader services;
(vi) Personal assistance services, including attendant care and the
training of personnel providing these services;
(vii) Surveys, directories, and other activities to identify
appropriate housing, recreation opportunities, and accessible
transportation, and other support services;
(viii) Consumer information programs on rehabilitation and
independent living services available under this Act, especially for
minorities and other individuals with disabilities who have
traditionally been unserved or underserved by programs under this Act;
(ix) Education and training necessary for living in the community
and participating in community activities;
(x) Supported living;
(xi) Transportation, including referral and assistance for
transportation;
(xii) Physical rehabilitation;
(xiii) Therapeutic treatment;
(xiv) Provision of needed prostheses and other appliances and
devices;
(xv) Individual and group social and recreational services;
(xvi) Training to develop skills specifically designed for youths
who are individuals with disabilities to promote self-awareness and
esteem, develop advocacy and self-empowerment skills, and explore
career options;
(xvii) Services for children;
(xviii) Services under other Federal, State, or local programs
designed to provide resources, training, counseling, or other
assistance of substantial benefit in enhancing the independence,
productivity, and quality of life of individuals with disabilities;
(xvix) Appropriate preventive services to decrease the need of
individuals assisted under this Act for similar services in the future;
(xx) Community awareness programs to enhance the understanding and
integration of individuals with disabilities; and
(xxi) Such other services as may be necessary and not inconsistent
with the provisions of this Act.
Individual with a disability means any individual who--
(1) Has a physical or mental impairment, which for that individual
constitutes or results in a substantial impediment to employment; and
(2) Can benefit in terms of an employment outcome from vocational
rehabilitation services provided pursuant to titles I, II, III, VI, or
VIII of the Act.
Individual with a severe disability means an individual with a
disability--
(1) 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;
(2) Whose vocational rehabilitation can be expected to require
multiple vocational rehabilitation services over an extended period of
time; and
(3) 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), paraplegia, quadriplegia and other spinal cord
conditions, sickle-cell anemia, specific learning disabilities, 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.
Institution of higher education has the meaning given the term in
section 1201(a) of the Higher Education Act of 1965 (20 U.S.C.
1141(a)).
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 if the individual did not have a
disability. The services shall be designed to increase the individual's
control in life and ability to perform everyday activities on or off
the job.
Qualified personnel: (1) For designated State agencies or
designated State units, means personnel who have met standards that are
consistent with existing national or State approved or recognized
certification, licensing, registration, or other comparable
requirements that apply to the area in which such personnel are
providing vocational rehabilitation services.
(2) For other than designated State agencies or designated State
units, means personnel who have met existing State certification or
licensure requirements, or in the absence of State requirements, have
met professionally accepted requirements established by national
certification boards.
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.
State includes, in addition to each of the several States of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands and the Republic of Palau
(until the Compact of Free Association with Palau takes effect).
Stipend means financial assistance on behalf of individuals in
support of their training, as opposed to salary payment for services
provided within the project.
Supported employment means--
(1) Competitive work in integrated work settings for individuals
with the most severe disabilities--
(i)(A) For whom competitive employment has not traditionally
occurred; or
(B) For whom competitive employment has been interrupted or
intermittent as a result of a severe disability; and
(ii) Who, because of the nature and severity of their disability,
need intensive supported employment services from the designated State
unit and extended services after transition in order to perform this
work.
(2) Transitional employment for individuals with the most severe
disabilities due to mental illness.
Supported employment services means ongoing support services and
other appropriate services needed to support and maintain an individual
with most severe disability in supported employment, that are--
(1) Provided singly or in combination and are organized and made
available in such a way as to assist an eligible individual in entering
or maintaining integrated, competitive employment;
(2) Based on a determination of the needs of an eligible
individual, as specified in an individualized written rehabilitation
program; and
(3) Provided by the designated State unit for a period of time not
to extend beyond 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.
Vocational rehabilitation services means the same as the term is
defined in 34 CFR 369.4(b).
(Authority: Secs. 7, 12(c), and 101(a)(7) of the Act; 29 U.S.C. 706,
711(c), and 721(a)(7))
Sec. 385.20 [Amended]
113. Section 385.20 is amended by removing the words ``State
vocational rehabilitation unit'', and adding, in their place, the words
``designated State agency''.
114. Section 385.32 is amended by revising paragraphs (a)(2)(V)(A)
and (b)(2)(iv)(A), adding ``(b)'' before ``(2)(i)'' in paragraph
(b)(2)(iii), and revising the authority citation following the section
to read as follows:
Sec. 385.32 What general selection criteria does the Secretary use in
reviewing an application?
* * * * *
(a) * * *
(b) * * *
(v) * * *
(A) Persons with disabilities;
* * * * *
(b) * * *
(2) * * *
(iv) * * *
(A) Persons with disabilities;
* * * * *
(Authority: Secs. 12(c) and 302 of the Act; 29 U.S.C. 711(c) and
774)
115. Section 385.40 is revised to read as follows:
Sec. 385.40 What are the requirements pertaining to the membership of
a project advisory committee?
If a project funded under 34 CFR parts 386 through 390 or 396
establishes an advisory committee, its membership must include
individuals with disabilities or parents, family members, guardians,
advocates, or other authorized representatives of the individuals;
members of minority groups; trainees; and providers of vocational
rehabilitation and independent living rehabilitation services.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
Sec. 385.41 [Amended]
116. Section 385.41 is amended by adding the word ``designated''
before the words ``State agencies'' in the heading and the text, and by
removing the word ``handicaps'', and adding, in its place, the word
``disabilities''.
117. Section 385.43 is revised to read as follows:
Sec. 385.43 What requirements apply to the training of rehabilitation
counselors and other rehabilitation personnel?
Any grantee who provides training of rehabilitation counselors or
other rehabilitation personnel under any of the programs in 34 CFR
parts 386 through 390 shall train those counselors and personnel on the
services provided under this Act, and, in particular, services provided
in accordance with amendments made by the Rehabilitation Act Amendments
of 1992. The grantee shall also furnish training to these counselors
and personnel regarding the applicability of section 504 of this Act,
title I of the Americans with Disabilities Act of 1990, and the
provisions of titles II and XVI of the Social Security Act that are
related to work incentives for individuals with disabilities.
(Authority: Sec. 302(a)(3) of the Act; 29 U.S.C. 774(a)(3))
118. Section 385.44 is revised to read as follows:
Sec. 385.44 What requirement applies to the training of individuals
with disabilities?
Any grantee or contractor who provides training under any of the
programs in 34 CFR parts 386 through 390 and 396 shall give due regard
to the training of individuals with disabilities as part of its effort
to increase the number of qualified personnel available to provide
rehabilitation services.
(Authority: Sec. 302(a)(1) of the Act; 29 U.S.C. 774(a)(1))
119. A new Sec. 385.45 is added to subpart E to read as follows:
Sec. 385.45 What additional application requirements apply to the
training of individuals for rehabilitation careers?
(a) All applicants for a grant or contract to provide training
under any of the programs in 34 CFR parts 386 through 390 and 396 shall
demonstrate how the training they plan to provide will prepare
rehabilitation professionals to address the needs of individuals with
disabilities from minority backgrounds.
(b) All applicants for a grant under any of the programs in 34 CFR
parts 386 through 390 and 396 shall include a detailed description of
strategies that will be utilized to recruit and train persons so as to
reflect the diverse populations of the United States, as part of the
effort to increase the number of individuals with disabilities, and
individuals who are members of minority groups, who are available to
provide rehabilitation services.
(Authority: Secs. 21(b)(5) and 302(a)(5) of the Act; 29 U.S.C.
718b(b)(6) and 774(a)(6))
120. A new Sec. 385.46 is added to subpart E to read as follows:
Sec. 385.46 What limitations apply to the rate of pay for experts or
consultants appointed or serving under contract under the
Rehabilitation Training program?
An expert or consultant appointed or serving under contract
pursuant to this section shall be compensated at a rate subject to
approval of the Commissioner which shall not exceed the daily
equivalent of the rate of pay for level 4 of the Senior Executive
Service Schedule under section 5382 of title 5, United States Code.
Such an expert or consultant may be allowed travel and transportation
expenses in accordance with section 5703 of title 5, United States
Code.
(Authority: Sec. 302(g)(2) of the Act; 29 U.S.C. 774(g)(2))
PART 387--EXPERIMENTAL AND INNOVATIVE TRAINING
121. The authority citation for part 387 continues to read as
follows:
Authority: 29 U.S.C. 711(c) and 774, unless otherwise noted.
Sec. 387.1 [Amended]
122. Section 387.1 is amended by removing the words ``persons with
severe handicaps'', and adding, in their place, the words ``individuals
with disabilities'', and by revising the authority citation following
the section to read as follows:
(Authority: Sec. 302 of the Act; 29 U.S.C. 774)
Secs. 387.2, 387.3, and 387.10 [Amended]
123. The authority citations following Secs. 387.2, 387.3, and
387.10 are revised to read as follows:
(Authority: Sec. 302 of the Act; 29 U.S.C. 774)
Sec. 387.30 [Amended]
124. Section 387.30 is amended by removing the word ``handicaps''
in paragraph (g)(2) and both times it appears in paragraph (h)(2)(iii),
and adding, in its place, the word ``disabilities'', and by revising
the authority citation following the section to read as follows:
(Authority: Secs. 12(c) and 302 of the Act; 29 U.S.C. 711(c) and
774)
125. Sections 387.40 and 387.41 are amended by revising the
authority citations following the sections to read as follows:
(Authority: Secs. 12(c) and 302 of the Act; 29 U.S.C. 711(c) and
774)
PART 389--REHABILITATION CONTINUING EDUCATION PROGRAMS
126. The authority citation for Part 389 continues to read as
follows:
Authority: 29 U.S.C. 711(c) and 774, unless otherwise noted.
Secs. 389.1, 389.2, and 389.3, and 389.10 [Amended]
127. Sections 389.1, 389.2, 389.3, and 389.10 are amended by
revising the authority citations following the sections to read as
follows:
(Authority: Sec. 302 of the Act; 29 U.S.C. 774)
Secs. 389.30 [Amended]
128. Section 389.30 is amended by removing the word ``program'' in
paragraphs (g) introductory text and (g)(l), and adding, in its place,
the word ``programs'', and removing the word ``handicaps'' in paragraph
(g)(2), and adding, in its place, the word ``disabilities''.
Secs. 389.40 and 389.41 [Amended]
129. Sections 389.40 and 389.41 are amended by revising the
authority citations following the sections to read as follows:
(Authority: Secs. 12(c) and 302 of the Act; 29 U.S.C. 711(c) and
774).
PART 390--REHABILITATION SHORT-TERM TRAINING
130. The authority citation for Part 390 continues to read as
follows:
Authority: 29 U.S.C. 711(c) and 774, unless otherwise noted.
131. Section 390.1 is revised to read as follows:
Sec. 390.1 What is the Rehabilitation Short-Term Training program?
This program is designed for the support of special seminars,
institutes, workshops, and other short-term courses in technical
matters relating to the vocational, medical, social, and psychological
rehabilitation programs, independent living services programs, and
client assistance programs.
(Authority: Secs. 12(a)(2) and 302 of the Act; 29 U.S.C. 711(a)(2)
and 774)
Secs. 390.2 and 390.3 [Amended]
132. Sections 390.2 and 390.3 are amended by revising the authority
citations following the sections to read as follows:
(Authority: Sec. 302 of the Act; 29 U.S.C. 774)
133. Section 390.10 is amended by revising paragraph (a) and the
authority citation following the section to read as follows:
Sec. 390.10 What types of projects are authorized under this program?
(a) Projects under this program are designed to provide short-term
training and technical instruction in areas of special significance to
the vocational, medical, social, and psychological rehabilitation
programs, supported employment programs, independent living services
programs, and client assistance programs.
* * * * *
(Authority: Secs. 12(a)(2) and 302 of the Act; 29 U.S.C. 711(a)(2)
and 774)
Sec. 390.30 [Amended]
134. Section 390.30 is amended by removing the word ``program'' in
the heading of paragraph (g) and paragraphs (g)(1) and (g)(2), and
adding, in its place, the word ``programs''.
Secs. 390.40 and 390.41 [Amended]
135. Sections 390.40 and 390.41 are amended by revising the
authority citations following the sections to read as follows:
(Authority: Secs. 12(c) and 302 of the Act; 29 U.S.C. 711(c) and
774)
[FR Doc. 94-3010 Filed 2-17-94; 8:45 am]
BILLING CODE 4000-01-D
