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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations6345comparable requirements (includingState personnel requirements), thatapply to the profession or discipline inwhich that category of personnel isproviding vocational rehabilitationservices; and(ii) To the extent that existingstandards are not based on the highestrequirements in the State, the steps theState is currently taking and the stepsthe State plans to take to retrain or hirepersonnel to meet standards that arebased on the highest requirements in theState, including measures to notify Stateunit personnel, the institutions of highereducation identified under paragraph(a)(2)(i) of this section, and other publicagencies of these steps and the timelinesfor taking each step.(2) As used in this section—(i) Highest requirements in the Stateapplicable to that profession ordiscipline means the highest entry-levelacademic degree needed for anynational or State-approved or-recognized certification, licensing,registration, or other comparablerequirements that apply to thatprofession or discipline. The currentrequirements of all State statutes andregulations of other agencies in the Stateapplicable to that profession ordiscipline must be considered and mustbe kept on file by the designated Stateunit and available to the public.(ii) Profession or discipline means aspecific occupational category,including any paraprofessionaloccupational category, that—(A) Provides rehabilitation services toindividuals with disabilities;(B) Has been established or designatedby the State; and(C) Has a specified scope ofresponsibility.(d) Staff development. (1) The Stateplan must include the State agency’spolicies and describe the proceduresand activities the State agency willundertake to ensure that all personnelemployed by the State unit receiveappropriate and adequate training,including a description of—(i) A system of staff development forrehabilitation professionals andparaprofessionals within the State unit,particularly with respect torehabilitation technology; and(ii) Procedures for acquiring anddisseminating to rehabilitationprofessionals and paraprofessionalswithin the designated State unitsignificant knowledge from research andother sources, including procedures forproviding training regarding theamendments to the Rehabilitation Act of1973 made by the Rehabilitation ActAmendments of 1992.(2) The specific training areas for staffdevelopment must be based on theneeds of each State unit and mayinclude, but are not limited to, trainingwith respect to the requirements of theAmericans with Disabilities Act, IDEA,and Social Security work incentiveprograms, training to facilitate informedchoice under this program, and trainingto improve the provision of services toculturally diverse populations.(e) Personnel to address individualcommunication needs. The State planmust describe how the State unit—(1) Includes among its personnel, orobtains the services of, individuals ableto communicate in the native languagesof applicants and eligible individualswho have limited English speakingability; and(2) Includes among its personnel, orobtains the services of, individuals ableto communicate with applicants andeligible individuals in appropriatemodes of communication.(f) Performance evaluation system.The State plan must describe how thesystem for evaluating the performanceof rehabilitation counselors,coordinators, and other personnel usedin the State unit facilitates, and in noway impedes, the accomplishment ofthe purpose and policy of the programas described in sections 100(a)(2) and100(a)(3) of the Act, including thepolicy of serving, among others,individuals with the most severedisabilities.(g) Coordination with personneldevelopment under IDEA. The Stateplan must describe the procedures andactivities the State agency willundertake to coordinate itscomprehensive system of personneldevelopment under the Act withpersonnel development under IDEA.(Approved by the Office of Management andBudget under control number 1820–0500.)(Authority: Sec. 101 (a)(7) and (a)(35) of theAct; 29 U.S.C. 721(a) (7) and (35))Note: Under the Act and the regulations inthis part, the State agency is required tocollect and analyze data regarding personnelneeds by type or category of personnel. Thepersonnel data must be collected andanalyzed according to personnel categorybreakdowns that are based on the majorcategories of staff in the State unit. Similarly,the data from institutions of higher educationmust be broken down by type of program tocorrespond as closely as possible with thepersonnel categories of the State unit.§ 361.19 Affirmative action for individualswith disabilities.The State plan must assure that theState agency takes affirmative action toemploy and advance in employmentqualified individuals with disabilities.(Approved by the Office of Management andBudget under control number 1820–0500.)(Authority: Sec. 101(a)(6)(A) of the Act; 29U.S.C. 721(a)(6)(A))§ 361.20 State plan development.(a) Public participationrequirements.—(1) Plan developmentand revisions. The State plan mustassure that the State unit conductspublic meetings throughout the State toprovide all segments of the public,including interested groups,organizations, and individuals, anopportunity to comment on the Stateplan prior to its development and tocomment on any revisions to the Stateplan.(2) Notice requirements. The Stateplan must assure that the State unit,prior to conducting public meetings,provides appropriate and sufficientnotice throughout the State of themeetings in accordance with—(i) State law governing publicmeetings; or(ii) In the absence of State lawgoverning public meetings, proceduresdeveloped by the State unit inconsultation with the StateRehabilitation Advisory Council.(3) Revisions based on consumersatisfaction surveys. The State planmust describe the manner in which theState’s policies and procedures will berevised based on the results of consumersatisfaction surveys conducted by theState Rehabilitation Advisory Councilunder § 361.17(h)(3) or by the Stateagency if it is an independentcommission in accordance with therequirements of § 361.16.(b) Special consultation requirements.The State plan must assure that, asappropriate, the State unit activelyconsults in the development andrevision of the State plan with the CAPdirector, the State RehabilitationAdvisory Council, and, as appropriate,those Indian tribes, tribal organizations,and native Hawaiian organizations thatrepresent significant numbers ofindividuals with disabilities within theState.(c) Summary of public comments. TheState plan must include a summary ofthe public comments on the State plan,including comments on revisions to theState plan and the State unit’s responseto those comments.(d) Appropriate modes ofcommunication. The State unit shallprovide, through appropriate modes ofcommunication, the notices of thepublic meetings, any materialsfurnished prior to or during the publicmeetings, and the approved State plan.(Approved by the Office of Management andBudget under control number 1820–0500.)