federal register - U.S. Government Printing Office

Recommendations

Info

6340 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulationspromote or facilitate theaccomplishment of long-termrehabilitation goals and intermediaterehabilitation objectives identified inthe student’s IWRP.(Authority: Section 7(35) and 103(a)(14) ofthe Act; 29 U.S.C. 706(35) and 723(a)(14))(48) Transitional employment, as usedin the definition of ‘‘Supportedemployment,’’ means a series oftemporary job placements incompetitive work in integrated settingswith ongoing support services forindividuals with the most severedisabilities due to mental illness. Intransitional employment, the provisionof ongoing support services mustinclude continuing sequential jobplacements until job permanency isachieved.(Authority: Secs. 7(18) and 12(c) of the Act;29 U.S.C. 706(18) and 711(c))(49) Transportation means travel andrelated expenses that are necessary toenable an applicant or eligibleindividual to participate in a vocationalrehabilitation service.(Authority: Secs. 12(c) and 103(a)(10) of theAct; 29 U.S.C. 711(c) and 723(a)(10))Note: The following are examples ofexpenses that would meet the definition oftransportation. The examples are purelyillustrative, do not address all possiblecircumstances, and are not intended tosubstitute for individual counselorjudgement.Example: Travel and related expenses fora personal care attendant or aide if theservices of that person are necessary toenable the applicant or eligible individual totravel to participate in any vocationalrehabilitation service.Example: Short-term travel-relatedexpenses, such as food and shelter, incurredby an applicant participating in evaluation orassessment services that necessitates travel.Example: Relocation expenses incurred byan eligible individual in connection with ajob placement that is a significant distancefrom the eligible individual’s currentresidence.Example: The purchase and repair ofvehicles, including vans, but not themodification of these vehicles, asmodification would be considered arehabilitation technology service.(50) Vocational rehabilitationservices—(i) If provided to an individual, meansthose services listed in § 361.48; and(ii) If provided for the benefit ofgroups of individuals, also means thoseservices listed in § 361.49.(Authority: Sec. 103 (a) and (b) of the Act; 29U.S.C. 723 (a) and (b))Subpart B—State Plan for VocationalRehabilitation Services§ 361.10 Submission, approval, anddisapproval of the State plan.(a) Purpose. In order for a State toreceive a grant under this part, thedesignated State agency shall submit tothe Secretary, and obtain approval of, aState plan that contains a description ofthe State’s vocational rehabilitationservices program, the plans and policiesto be followed in carrying out theprogram, and other informationrequested by the Secretary, inaccordance with the requirements ofthis part.(b) Separate part relating torehabilitation of individuals who areblind. If a separate State agencyadministers or supervises theadministration of a separate part of theState plan relating to the rehabilitationof individuals who are blind, that partof the State plan must separatelyconform to all requirements under thispart that are applicable to a State plan.(c) Consolidated rehabilitation plan.The State may choose to submit aconsolidated rehabilitation plan thatincludes the State plan for vocationalrehabilitation services and the State’splan for its program for persons withdevelopmental disabilities. The Stateplanning and advisory council fordevelopmental disabilities and theagency administering the State’sprogram for persons withdevelopmental disabilities must concurin the submission of a consolidatedrehabilitation plan. A consolidatedrehabilitation plan must comply with,and be administered in accordancewith, the Act and the DevelopmentalDisabilities Assistance and Bill of RightsAct, as amended.(d) Public participation. The Stateshall develop the State plan with inputfrom the public, through publicmeetings, in accordance with therequirements of § 361.20.(e) Duration. The State plan mustcover a multi-year period to bedetermined by the Secretary.(f) Submission of the State plan. TheState shall submit the State plan to theSecretary for approval—(1) No later than July 1 of the yearpreceding the first fiscal year for whichthe State plan is submitted; or(2) With the prior approval of theSecretary, no later than the date onwhich the State is required to submit aState plan under another Federal law.(g) Revisions to the State plan. TheState shall submit to the Secretary forapproval revisions to the State plan inaccordance with the requirements ofthis part and 34 CFR 76.140.(h) Approval. The Secretary approvesa State plan and revisions to the Stateplan that conform to the requirements ofthis part and section 101(a) of the Act.(i) Disapproval. The Secretarydisapproves a State plan that does notconform to the requirements of this partand section 101(a) of the Act, inaccordance with the followingprocedures:(1) Informal resolution. Prior todisapproving a State plan, the Secretaryattempts to resolve disputes informallywith State officials.(2) Notice. If, after reasonable efforthas been made to resolve the dispute, noresolution has been reached, theSecretary provides notice to the Stateagency of the intention to disapprovethe State plan and of the opportunity fora hearing.(3) State plan hearing. If the Stateagency requests a hearing, the Secretarydesignates one or more individuals,either from the Department orelsewhere, not responsible for orconnected with the administration ofthis program, to conduct a hearing inaccordance with the provisions of 34CFR Part 81, Subpart A.(4) Initial decision. The hearing officerissues an initial decision in accordancewith 34 CFR 81.41.(5) Petition for review of an initialdecision. The State agency may seek theSecretary’s review of the initial decisionin accordance with 34 CFR part 81.(6) Review by the Secretary. TheSecretary reviews the initial decision inaccordance with 34 CFR 81.43.(7) Final decision of the Department.The final decision of the Department ismade in accordance with 34 CFR 81.44.(8) Judicial review. A State mayappeal the Secretary’s decision todisapprove the State plan by filing apetition for review with the UnitedStates Court of Appeals for the circuit inwhich the State is located, inaccordance with section 107(d) of theAct.(Approved by the <strong>Office</strong> of Management andBudget under control number 1820–0500.(Authority: Sec. 6, 101 (a) and (b), and 107(d)of the Act; 20 U.S.C. 1231g(a); and 29 U.S.C.705, 721 (a) and (b), and 727(d))§ 361.11 Withholding of funds.(a) Basis for withholding. TheSecretary may withhold or limitpayments under sections 111, 124, or632(a) of the Act, as provided by section107 (c) and (d) of the Act, if theSecretary determines that—(1) The State plan, including thesupported employment supplement, hasbeen so changed that it no longerconforms with the requirements of thispart or 34 CFR part 363; or
Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations6341(2) In the administration of the Stateplan, there has been a failure to complysubstantially with any provision of thatplan or a program improvement planestablished in accordance with section106 of the Act.(b) Informal resolution. Prior towithholding or limiting payments inaccordance with this section, theSecretary attempts to resolve disputedissues informally with State officials.(c) Notice. If, after reasonable efforthas been made to resolve the dispute, noresolution has been reached, theSecretary provides notice to the Stateagency of the intention to withhold orlimit payments and of the opportunityfor a hearing.(d) Withholding hearing. If the Stateagency requests a hearing, the Secretarydesignates one or more individuals,either from the Department orelsewhere, not responsible for orconnected with the administration ofthis program, to conduct a hearing inaccordance with the provisions of 34CFR part 81, Subpart A.(e) Initial decision. The hearing officerissues an initial decision in accordancewith 34 CFR 81.41.(f) Petition for review of an initialdecision. The State agency may seek theSecretary’s review of the initial decisionin accordance with 34 CFR 81.42.(g) Review by the Secretary. TheSecretary reviews the initial decision inaccordance with 34 CFR 81.43.(h) Final decision of the Department.The final decision of the Department ismade in accordance with 34 CFR 81.44(i) Judicial review. A State may appealthe Secretary’s decision to withhold orlimit payments by filing a petition forreview with the U.S. Court of Appealsfor the circuit in which the State islocated, in accordance with section107(d) of the Act.(Authority: Secs. 101(b), 107(c), and 107(d) ofthe Act; 29 U.S.C. 721(b), 727(c)(1) and (2),and 727(d))State Plan Content: Administration§ 361.12 Methods of administration.The State plan must assure that theState agency, and the designated Stateunit if applicable, employs methods ofadministration found necessary by theSecretary for the proper and efficientadministration of the plan and forcarrying out all functions for which theState is responsible under the plan andthis part. These methods must includeprocedures to ensure accurate datacollection and financial accountability.(Authority: Sec. 101(a)(6) of the Act; 29U.S.C. 721(a)(6))§ 361.13 State agency for administration.(a) Designation of State agency. TheState plan must designate a State agencyas the sole State agency to administerthe State plan, or to supervise itsadministration in a political subdivisionof the State by a sole local agency, inaccordance with the followingrequirements:(1) General. Except as provided inparagraphs (a) (2) and (3) of this section,the State plan must provide that thedesignated State agency is one of thefollowing types of agencies:(i) A State agency that is anindependent State commission, board,or other agency that has as its majorfunction vocational rehabilitation orvocational and other rehabilitation ofindividuals with disabilities.(ii) The State agency administering orsupervising the administration ofeducation or vocational education in theState, provided that it includes avocational rehabilitation unit asprovided in paragraph (b) of thissection.(iii) A State agency that includes avocational rehabilitation unit, asprovided in paragraph (b) of thissection, and at least two other majororganizational units, each of whichadministers one or more of the State’smajor programs of public education,public health, public welfare, or labor.(2) American Samoa. In the case ofAmerican Samoa, the State plan mustdesignate the Governor.(3) Designated State agency forindividuals who are blind. If a Statecommission or other agency thatprovides assistance or services toindividuals who are blind is authorizedunder State law to provide vocationalrehabilitation services to individualswho are blind, and this commission oragency is primarily concerned withvocational rehabilitation or includes avocational rehabilitation unit asprovided in paragraph (b) of thissection, the State plan may designatethat agency as the sole State agency toadminister the part of the plan underwhich vocational rehabilitation servicesare provided for individuals who areblind or to supervise its administrationin a political subdivision of the State bya sole local agency.(b) Designation of State unit. (1) If thedesignated State agency is of the typespecified in paragraph (a)(1)(ii) or(a)(1)(iii) of this section, or if thedesignated State agency specified inparagraph (a)(3) of this section does nothave as its major function vocationalrehabilitation or vocational and otherrehabilitation of individuals withdisabilities, the State plan must assurethat the agency (or each agency if twoagencies are designated) includes avocational rehabilitation bureau,division, or unit that—(i) Is primarily concerned withvocational rehabilitation or vocationaland other rehabilitation of individualswith disabilities and is responsible forthe administration of the State agency’svocational rehabilitation program underthe State plan, including thoseresponsibilities specified in paragraph(c) of this section;(ii) Has a full-time director;(iii) Has a staff, at least 90 percent ofwhom are employed full time on therehabilitation work of the organizationalunit; and(iv) Is located at an organizationallevel and has an organizational statuswithin the State agency comparable tothat of other major organizational unitsof the agency or, in the case of anagency described in paragraph (a)(1)(ii)of this section, is so located and has thatstatus or has a director who is theexecutive officer of the State agency.(2) In the case of a State that has notdesignated a separate State agency forindividuals who are blind, as providedfor in paragraph (a)(3) of this section,the State may assign responsibility forthe part of the plan under whichvocational rehabilitation services areprovided to individuals who are blindto one organizational unit of thedesignated State agency and may assignresponsibility for the rest of the plan toanother organizational unit of thedesignated State agency, with theprovisions of paragraph (b)(1) of thissection applying separately to each ofthese units.(c) Responsibility for administration.(1) The State plan must assure that, ata minimum, the following activities arethe responsibility of the designatedState unit or the sole local agency underthe supervision of the State unit:(i) All decisions affecting eligibilityfor vocational rehabilitation services,the nature and scope of availableservices, and the provision of theseservices.(ii) The determination that anindividual has achieved an employmentoutcome under § 361.56.(iii) Policy formulation andimplementation.(iv) The allocation and expenditure ofvocational rehabilitation funds.(2) This responsibility may not bedelegated to any other agency orindividual.(Approved by the <strong>Office</strong> of Management andBudget under control number 1820–0500.)(Authority: Sec. 101(a)(1) and 101(a)(2) of theAct; 29 U.S.C. 721(a)(1) and 721(a)(2))
Page 2 and 3:
IIFederal Register / Vol. 62, No. 2
Page 4 and 5:
IVFederal Register / Vol. 62, No. 2
Page 6 and 7:
VIFederal Register / Vol. 62, No. 2
Page 8 and 9:
6099Rules and RegulationsFederal Re
Page 12 and 13:
Federal Register / Vol. 62, No. 28
Page 14 and 15:
Page 16 and 17:
Page 18 and 19:
Page 20 and 21:
Page 22 and 23:
Page 24 and 25:
Page 26 and 27:
Page 28 and 29:
Page 30 and 31:
Page 32 and 33:
Page 34 and 35:
Page 36 and 37:
Page 38 and 39:
Page 40 and 41:
Page 42 and 43:
Page 44 and 45:
Page 46 and 47:
Page 48 and 49:
Page 50 and 51:
Page 52 and 53:
Page 54 and 55:
Page 56 and 57:
Page 58 and 59:
Page 60 and 61:
Page 62 and 63:
Page 64 and 65:
Page 66 and 67:
Page 68 and 69:
Page 70 and 71:
Page 72 and 73:
Page 74 and 75:
Page 76 and 77:
Page 78 and 79:
Page 80 and 81:
Page 82 and 83:
Page 84 and 85:
Page 86 and 87:
Page 88 and 89:
Page 90 and 91:
Page 92 and 93:
Page 94 and 95:
Page 96 and 97:
Page 98 and 99:
Page 100 and 101:
Page 102 and 103:
Page 104 and 105:
Page 106 and 107:
Page 108 and 109:
Page 110 and 111:
Page 112 and 113:
Page 114 and 115:
Page 116 and 117:
Page 118 and 119:
Page 120 and 121:
Page 122 and 123:
Page 124 and 125:
Page 126 and 127:
Page 128 and 129:
Page 130 and 131:
Page 132 and 133:
Page 134 and 135:
Page 136 and 137:
Page 138 and 139:
Page 140 and 141:
Page 142 and 143:
Page 144 and 145:
Page 146 and 147:
Page 148 and 149:
Page 150 and 151:
Page 152 and 153:
Page 154 and 155:
Page 156 and 157:
Page 158 and 159:
Page 160 and 161:
Page 162 and 163:
Page 164 and 165:
Page 166 and 167:
Page 168 and 169:
Page 170 and 171:
Page 172 and 173:
Page 174 and 175:
Page 176 and 177:
Page 178 and 179:
Page 180 and 181:
Page 182 and 183:
Page 184 and 185:
Page 186 and 187:
Page 188 and 189:
Page 190 and 191:
Page 192 and 193:
Page 194 and 195:
Page 196 and 197:
Page 198 and 199: Federal Register / Vol. 62, No. 28
Page 216 and 217: 6308 Federal Register / Vol. 62, No
Page 272 and 273: federal registerTuesdayFebruary 11,
Page 298 and 299:
Page 300 and 301:
Page 302 and 303:
Page 304 and 305:
Page 306 and 307:
Page 308 and 309:
Page 310 and 311:
Page 312 and 313:
Page 314 and 315:
6408 Federal Register / Vol. 62, No
Page 316 and 317:
Page 318 and 319:
Page 320 and 321:
Page 322 and 323:
Page 324 and 325:
Page 326 and 327:
Page 328 and 329:
Page 330 and 331:
Page 332 and 333:
Page 334 and 335:
Page 336 and 337:
Page 338 and 339:
Page 340 and 341:
Page 342 and 343:
Page 344 and 345:
Page 346 and 347:
Page 348 and 349:
Page 350 and 351:
iiFederal Register / Vol. 62, No. 2
Page 352:
ivFederal Register / Vol. 62, No. 2
show all

federal register - U.S. Government Printing Office

Create successful ePaper yourself

Delete template?

Save as template?