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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—