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6334 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and RegulationsPART 361—THE STATE VOCATIONALREHABILITATION SERVICESPROGRAMSubpart A—GeneralSec.361.1 Purpose.361.2 Eligibility for a grant.361.3 Authorized activities.361.4 Applicable regulations.361.5 Applicable definitions.Subpart B—State Plan for VocationalRehabilitation Services361.10 Submission, approval, anddisapproval of the State plan.361.11 Withholding of funds.State Plan Content: Administration361.12 Methods of administration.361.13 State agency for administration.361.14 Substitute State agency.361.15 Local administration.361.16 Establishment of an independentcommission or a State RehabilitationAdvisory Council.361.17 Requirements for a StateRehabilitation Advisory Council.361.18 Comprehensive system of personneldevelopment.361.19 Affirmative action for individualswith disabilities.361.20 State plan development.361.21 Consultations regarding theadministration of the State plan.361.22 Cooperation with agenciesresponsible for students with disabilities.361.23 Cooperation with other publicagencies.361.24 Coordination with the StatewideIndependent Living Council.361.25 Statewideness.361.26 Waiver of statewideness.361.27 Shared funding and administrationof joint programs.361.28 Third-party cooperativearrangements involving funds from otherpublic agencies.361.29 Statewide studies and evaluations361.30 Services to special groups ofindividuals with disabilities.361.31 Utilization of community resources.361.32 Utilization of profitmakingorganizations for on-the-job training inconnection with selected projects.361.33 Use, assessment, and support ofcommunity rehabilitation programs.361.34 Supported employment plan.361.35 Strategic plan.361.36 Ability to serve all eligibleindividuals; order of selection forservices361.37 Establishment and maintenance ofinformation and referral programs.361.38 Protection, use, and release ofpersonal information.361.39 State-imposed requirements.361.40 Reports.State Plan Content: Provision and Scope ofServices361.41 Processing referrals andapplications.361.42 Assessment for determiningeligibility and priority for services.361.43 Procedures for ineligibilitydetermination.361.44 Closure without eligibilitydetermination.361.45 Development of the individualizedwritten rehabilitation program.361.46 Content of the individualizedwritten rehabilitation program.361.47 Record of services.361.48 Scope of vocational rehabilitationservices for individuals with disabilities.361.49 Scope of vocational rehabilitationservices for groups of individuals withdisabilities.361.50 Written policies governing theprovision of services for individuals withdisabilities.361.51 Written standards for facilities andproviders of services.361.52 Opportunity to make informedchoices.361.53 Availability of comparable servicesand benefits.361.54 Participation of individuals in costof services based on financial need.361.55 Review of extended employment incommunity rehabilitation programs orother employment under section 14(c) ofthe Fair Labor Standards Act.361.56 Individuals determined to haveachieved an employment outcome.361.57 Review of rehabilitation counseloror coordinator determinations.Subpart C—Financing of State VocationalRehabilitation Programs361.60 Matching requirements.361.61 Limitation on use of funds forconstruction expenditures.361.62 Maintenance of effort requirements.361.63 Program income.361.64 Obligation of Federal funds andprogram income.361.65 Allotment and payment of Federalfunds for vocational rehabilitationservices.Subpart D—Strategic Plan for Innovationand Expansion of Vocational RehabilitationServices361.70 Purpose of the strategic plan.361.71 Procedures for developing thestrategic plan.361.72 Content of the strategic plan.361.73 Use of funds.361.74 Allotment of Federal funds.Authority: 29 U.S.C. 711(c), unlessotherwise noted.Subpart A—General§ 361.1 Purpose.Under the State VocationalRehabilitation Services Program(program), the Secretary provides grantsto assist States in operating acomprehensive, coordinated, effective,efficient, and accountable program thatis designed to assess, plan, develop, andprovide vocational rehabilitationservices for individuals withdisabilities, consistent with theirstrengths, resources, priorities,concerns, abilities, capabilities, andinformed choice, so that they mayprepare for and engage in gainfulemployment.(Authority: Sec. 12(c) and 100(a)(2) of theAct; 29 U.S.C. 711(c) and 720(a)(2))§ 361.2 Eligibility for a grant.Any State that submits to theSecretary a State plan that meets therequirements of section 101(a) of the Actand this part is eligible for a grant underthis program.(Authority: Sec. 101(a) of the Act; 29 U.S.C.721(a))§ 361.3 Authorized activities.The Secretary makes payments to aState to assist in—(a) The costs of providing vocationalrehabilitation services under the Stateplan;(b) Administrative costs under theState plan; and(c) The costs of developing andimplementing the strategic plan.(Authority: Sec. 111(a)(1) of the Act; 29U.S.C. 731(a)(1))§ 361.4 Applicable regulations.The following regulations apply tothis program:(a) The Education Department GeneralAdministrative Regulations (EDGAR) asfollows:(1) 34 CFR part 74 (Administration ofGrants to Institutions of HigherEducation, Hospitals, and NonprofitOrganizations), with respect tosubgrants to entities that are not State orlocal governments or Indian tribalorganizations.(2) 34 CFR part 76 (State-Administered Programs).(3) 34 CFR part 77 (Definitions thatApply to Department Regulations).(4) 34 CFR part 79 (IntergovernmentalReview of Department of EducationPrograms and Activities).(5) 34 CFR part 80 (UniformAdministrative Requirements for Grantsand Cooperative Agreements to Stateand Local Governments), except for§ 80.24(a)(2).(6) 34 CFR part 81 (General EducationProvisions Act-Enforcement).(7) 34 CFR part 82 (New Restrictionson Lobbying).(8) 34 CFR part 85 (GovernmentwideDebarment and Suspension(Nonprocurement) andGovernmentwide Requirements forDrug-Free Workplace (Grants)).(9) 34 CFR part 86 (Drug-Free Schoolsand Campuses).(b) The regulations in this part 361.(Authority: Sec. 12(c) of the Act; 29 U.S.C.711(c))
Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations6335§ 361.5 Applicable definitions.(a) Definitions in EDGAR. Thefollowing terms used in this part aredefined in 34 CFR 77.1:DepartmentEDGARFiscal yearNonprofitPrivatePublicSecretary(b) Other definitions. The followingdefinitions also apply to this part:(1) Act means the Rehabilitation Actof 1973 (29 U.S.C. 701 et seq.), asamended.(Authority: Sec. 12(c) of the Act; 29 U.S.C.711(c))(2) Administrative costs under theState plan means expenditures incurredin the performance of administrativefunctions under the vocationalrehabilitation program. Administrativecosts include expenses related toprogram planning, development,monitoring, and evaluation, including,but not limited to, quality assurance;budgeting, accounting, financialmanagement, information systems, andrelated data processing; providinginformation about the program to thepublic; technical assistance to otherState agencies, private nonprofitorganizations, and businesses andindustries, except for technicalassistance and support servicesdescribed in § 361.49(a)(4); the StateRehabilitation Advisory Council andother advisory committees; professionalorganization membership dues for Stateunit employees; the removal ofarchitectural barriers in State vocationalrehabilitation agency offices and Stateoperatedrehabilitation facilities;operating and maintaining State unitfacilities, equipment, and grounds;supplies; administration of thecomprehensive system of personneldevelopment, including personneladministration, administration ofaffirmative action plans, and trainingand staff development; administrativesalaries, including clerical and othersupport staff salaries, in support of thesefunctions; travel costs related tocarrying out the program, other thantravel costs related to the provision ofservices; costs incurred in conductingreviews of rehabilitation counselor orcoordinator determinations under§ 361.57; and legal expenses required inthe administration of the program.(Authority: Sec. 12(c) of the Act; 29 U.S.C.711(c))(3) American Indian means anindividual who is a member of anIndian tribe.(Authority: Sec. 7(20) of the Act; 29 U.S.C.706(20))(4) Applicant means an individualwho submits an application forvocational rehabilitation services inaccordance with § 361.41(b)(2).(Authority: Sec. 12(c) of the Act; 29 U.S.C.711(c))(5) Appropriate modes ofcommunication means specialized aidsand supports that enable an individualwith a disability to comprehend andrespond to information that is beingcommunicated. Appropriate modes ofcommunication include, but are notlimited to, the use of interpreters, openand closed captioned videos,specialized telecommunicationsservices and audio recordings, Brailledand large print materials, materials inelectronic formats, augmentativecommunication devices, graphicpresentations, and simple languagematerials.(Authority: Sec. 12(c) of the Act; 29 U.S.C.711(c))(6) Assistive technology device meansany item, piece of equipment, orproduct system, whether acquiredcommercially off the shelf, modified, orcustomized, that is used to increase,maintain, or improve the functionalcapabilities of an individual with adisability.(Authority: Sec. 7(23) of the Act; 29 U.S.C.706(23))(7) Assistive technology service meansany service that directly assists anindividual with a disability in theselection, acquisition, or use of anassistive technology device, including—(i) The evaluation of the needs of anindividual with a disability, including afunctional evaluation of the individualin his or her customary environment;(ii) Purchasing, leasing, or otherwiseproviding for the acquisition by anindividual with a disability of anassistive technology device;(iii) Selecting, designing, fitting,customizing, adapting, applying,maintaining, repairing, or replacingassistive technology devices;(iv) Coordinating and using othertherapies, interventions, or serviceswith assistive technology devices, suchas those associated with existingeducation and rehabilitation plans andprograms;(v) Training or technical assistance foran individual with a disability or, ifappropriate, the family members,guardians, advocates, or authorizedrepresentatives of the individual; and(vi) Training or technical assistancefor professionals (including individualsproviding education and rehabilitationservices), employers, or others whoprovide services to, employ, or areotherwise substantially involved in themajor life functions of individuals withdisabilities, to the extent that training ortechnical assistance is necessary to theachievement of an employment outcomeby an individual with a disability.(Authority: Sec. 7(24) and 12(c) of the Act;29 U.S.C. 706(24) and 711(c))(8) Community rehabilitationprogram.(i) Community rehabilitation programmeans a program that provides directlyor facilitates the provision of one ormore of the following vocationalrehabilitation services to individualswith disabilities to enable thoseindividuals to maximize theiropportunities for employment,including career advancement:(A) Medical, psychiatric,psychological, social, and vocationalservices that are provided under onemanagement.(B) Testing, fitting, or training in theuse of prosthetic and orthotic devices.(C) Recreational therapy.(D) Physical and occupationaltherapy.(E) Speech, language, and hearingtherapy.(F) Psychiatric, psychological, andsocial services, including positivebehavior management.(G) Assessment for determiningeligibility and vocational rehabilitationneeds.(H) Rehabilitation technology.(I) Job development, placement, andretention services.(J) Evaluation or control of specificdisabilities.(K) Orientation and mobility servicesfor individuals who are blind.(L) Extended employment.(M) Psychosocial rehabilitationservices.(N) Supported employment servicesand extended services.(O) Services to family members ifnecessary to enable the applicant oreligible individual to achieve anemployment outcome.(P) Personal assistance services.(Q) Services similar to the servicesdescribed in paragraphs (A) through (P)of this definition.(ii) For the purposes of this definition,the word program means an agency,organization, or institution, or unit of anagency, organization, or institution, thatprovides directly or facilitates theprovision of vocational rehabilitationservices as one of its major functions.(Authority: Sec. 7(25) and 12(c) of the Act;29 U.S.C. 706(25) and 711(c))(9) Comparable services and benefitsmeans services and benefits that are—
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