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6346 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations(Authority: Sec. 101(a)(20), 101(a)(23),101(a)(32), and 105(c)(2) of the Act; 29 U.S.C.721(a)(20), (23), and (32) and 725(c)(2))§ 361.21 Consultations regarding theadministration of the State plan.(a) The State plan must assure that, inconnection with matters of generalpolicy development andimplementation arising in theadministration of the State plan, theState unit seeks and takes into accountthe views of—(1) Individuals who receive vocationalrehabilitation services or, asappropriate, the individuals’representatives;(2) Personnel working in the field ofvocational rehabilitation;(3) Providers of vocationalrehabilitation services;(4) The CAP director; and(5) The State Rehabilitation AdvisoryCouncil, if the State has a Council.(b) The State plan must specificallydescribe the manner in which the Stateunit will take into account the viewsregarding State policy andadministration of the State plan that areexpressed in the consumer satisfactionsurveys conducted by the StateRehabilitation Advisory Council under§ 361.17(h)(3) or by the State agency ifit is an independent commission inaccordance with the requirements of§ 361.16(a)(1).(Approved by the Office of Management andBudget under control number 1820–0500.)(Authority: Secs. 101(a)(18), 101(a)(32), and105(c)(2) of the Act; 29 U.S.C. 721(a)(18),721(a)(32), and 725(c)(2))§ 361.22 Cooperation with agenciesresponsible for students with disabilities.(a) Students with disabilities who arereceiving special education services.—(1) General. The State plan must containplans, policies, and procedures that aredesigned to facilitate the transition ofstudents who are receiving specialeducation services from the provision ofa free appropriate public educationunder the responsibility of aneducational agency to the provision ofvocational rehabilitation services underthe responsibility of the designatedState unit. These plans, policies, andprocedures must provide for thedevelopment and completion of theIWRP before the student leaves theschool setting for each studentdetermined to be eligible for vocationalrehabilitation services or, if thedesignated State unit is operating underan order of selection, for each eligiblestudent able to be served under theorder. The IWRP must, at a minimum,identify the long-term rehabilitationgoals, intermediate rehabilitationobjectives, and goals and objectivesrelated to enabling the student to liveindependently, to the extent these goalsand objectives are included in thestudent’s individualized educationprogram.(2) Formal interagency agreement.The State plan must assure that theState unit enters into formal interagencyagreements with the State educationalagency and, as appropriate, with localeducational agencies, that areresponsible for the free appropriatepublic education of students withdisabilities who are receiving specialeducation services. Formal interagencyagreements must, at a minimum,identify—(i) Policies, practices, and proceduresthat can be coordinated between theagencies, including definitions,standards for eligibility, policies andprocedures for making referrals,procedures for outreach to andidentification of youth who arereceiving special education services andare in need of transition services, andprocedures and timeframes forevaluation and follow-up of thosestudents;(ii) The roles of each agency,including provisions for determiningState lead agencies and qualifiedpersonnel responsible for transitionservices;(iii) Procedures for providing trainingfor staff of State and local educationalagencies as to the availability, benefitsof, and eligibility standards forvocational rehabilitation services, to theextent practicable;(iv) Available resources, includingsources of funds for the developmentand expansion of services;(v) The financial responsibility ofeach agency in providing services tostudents with disabilities who arereceiving special education services,consistent with State law;(vi) Procedures for resolving disputesbetween the agencies that are parties tothe agreement; and(vii) All other components necessaryto ensure meaningful cooperationamong agencies, including proceduresto facilitate the development of localteams to coordinate the provision ofservices to individuals, sharing data,and coordinating joint training of staffin the provision of transition services.(b) Students with disabilities who arenot receiving special education services.The State plan must contain plans,policies, and procedures, includingcooperation with appropriate agencies,designed to ensure that students withdisabilities who are not receivingspecial education services have accessto and can receive vocationalrehabilitation services, if appropriate,and to ensure outreach to andidentification of those students.(Approved by the Office of Management andBudget under control number 1820–0500.)(Authority: Secs. 101(a)(11)(C), 101(a)(24)and 101(a)(30) of the Act; 29 U.S.C. 721(a)(11), (a)(24), and (a)(30))Note: The following excerpt from page 33of Senate Report No. 102–357 further clarifiesthe provision of transition services by theState vocational rehabilitation agency:The overall purpose of this provision is toensure that all students who requirevocational rehabilitation services receivethose services in a timely manner. Thereshould be no gap in services between theeducation system and the vocationalrehabilitation system * * *. The committeeintends that students with disabilities whoare eligible for, and who need, vocationalrehabilitation services will receive thoseservices as soon as possible, consistent withFederal and State law. These provisions arenot intended in any way to shift theresponsibility of service delivery fromeducation to rehabilitation during thetransition years. School officials willcontinue to be responsible for providing afree and appropriate public education asdefined by the IEP. The role of therehabilitation system is primarily one ofplanning for the student’s years after leavingschool. (S. Rep. No. 357, 102d Cong., 2d.Sess. 33 (1992))§ 361.23 Cooperation with other publicagencies.(a) Coordination of services withvocational education and Javits-Wagner-O’Day programs. The State plan mustassure that specific arrangements oragreements are made for thecoordination of services for anyindividual who is eligible for vocationalrehabilitation services and is alsoeligible for services under the Carl D.Perkins Vocational and AppliedTechnology Education Act or the Javits-Wagner-O’Day Act.(b) Cooperation with other Federal,State, and local public agenciesproviding services related to therehabilitation of individuals withdisabilities. (1) The State plan mustassure that the State unit cooperateswith other Federal, State, and localpublic agencies providing servicesrelated to the rehabilitation ofindividuals with disabilities, including,as appropriate, establishing interagencyworking groups or entering into formalinteragency cooperative agreementswith, and using the services andfacilities of—(i) Federal agencies providing servicesrelated to the rehabilitation ofindividuals with disabilities, includingthe Social Security Administration, theOffice of Workers’ CompensationPrograms of the Department of Labor,
Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations6347and the Department of Veterans Affairs;and(ii) State and local public agenciesproviding services related to therehabilitation of individuals withdisabilities, including State and localpublic agencies administering theState’s social services and financialassistance programs and other Stateprograms for individuals withdisabilities, such as the State’sdevelopmental disabilities program,veterans programs, health and mentalhealth programs, education programs(including adult education, highereducation, and vocational educationprograms), workers’ compensationprograms, job training and placementprograms, and public employmentoffices.(2) Interagency cooperation underparagraph (b)(1) of this section, to theextent practicable, must provide fortraining for staff of the agencies as to theavailability, benefits of, and eligibilitystandards for vocational rehabilitationservices.(3) If the State unit chooses to enterinto formal interagency cooperativeagreements developed under paragraph(b)(1) of this section, the agreementsmust—(i) Identify policies, practices, andprocedures that can be coordinatedamong the agencies (particularlydefinitions, standards for eligibility, thejoint sharing and use of evaluations andassessments, and procedures for makingreferrals);(ii) Identify available resources anddefine the financial responsibility ofeach agency for paying for necessaryservices (consistent with State law) andprocedures for resolving disputesbetween agencies; and(iii) Include all additionalcomponents necessary to ensuremeaningful cooperation andcoordination.(c) Reciprocal referral services with aseparate agency for individuals who areblind. If there is a separate State unit forindividuals who are blind, the Stateplan must assure that the two Stateunits establish reciprocal referralservices, use each other’s services andfacilities to the extent feasible, jointlyplan activities to improve services in theState for individuals with multipleimpairments, including visualimpairments, and otherwise cooperateto provide more effective services,including, if appropriate, entering into awritten cooperative agreement.(Authority: Secs. 101(a)(11) and 101(a)(22) ofthe Act; 29 U.S.C. 721(a)(11) and 721(a)(22))§ 361.24 Coordination with the StatewideIndependent Living Council.The State plan must assure that theState unit will coordinate and establishworking relationships with theStatewide Independent Living Councilestablished under 34 CFR Part 364 andwith independent living centers withinthe State.(Authority: Sec. 101(a)(33) of the Act; 29U.S.C. 721(a)(33))§ 361.25 Statewideness.The State plan must assure thatservices provided under the State planwill be available in all politicalsubdivisions of the State, unless awaiver of statewideness is requestedand approved in accordance with§ 361.26.(Authority: Section 101(a)(4) of the Act; 29U.S.C. 721(a)(4))§ 361.26 Waiver of statewideness.(a) Availability. The State unit mayprovide services in one or more politicalsubdivisions of the State that increaseservices or expand the scope of servicesthat are available statewide under theState plan if—(1) The non-Federal share of the costof these services is met from fundsprovided by a local public agency,including funds contributed to a localpublic agency by a private agency,organization, or individual;(2) The services are likely to promotethe vocational rehabilitation ofsubstantially larger numbers ofindividuals with disabilities or ofindividuals with disabilities withparticular types of impairments; and(3) The State includes in its Stateplan, and the Secretary approves, arequest for a waiver of the statewidenessrequirement, in accordance with therequirements of paragraph (b) of thissection.(b) Request for waiver. The request fora waiver of statewideness must—(1) Identify the types of services to beprovided;(2) Contain a written assurance fromthe local public agency that it will makeavailable to the State unit the non-Federal share of funds;(3) Contain a written assurance thatState unit approval will be obtained foreach proposed service before it is putinto effect; and(4) Contain a written assurance thatall other State plan requirements,including a State’s order of selectionrequirements, will apply to all servicesapproved under the waiver.(Approved by the Office of Management andBudget under control number 1820–0500.)(Authority: Sec. 101(a)(4) of the Act; 29U.S.C. 721(a)(4))§ 361.27 Shared funding andadministration of joint programs.(a) If the State plan provides for ajoint program involving shared fundingand administrative responsibility withanother State agency or a local publicagency to provide services toindividuals with disabilities, the planmust include a description of the natureand scope of the joint program, theservices to be provided, the respectiveroles of each participating agency in theprovision of services and in theiradministration, and the share of thecosts to be assumed by each agency.(b) If a proposed joint program doesnot comply with the statewidenessrequirement in § 361.25, the State unitshall obtain a waiver of statewideness,in accordance with § 361.26.(Approved by the Office of Management andBudget under control number 1820–0500.)(Authority: Section 101(a)(1)(A) of the Act;29 U.S.C. 721(a)(1)(A))§ 361.28 Third-party cooperativearrangements involving funds from otherpublic agencies.(a) If the designated State unit entersinto a third-party cooperativearrangement for providing oradministering vocational rehabilitationservices with another State agency or alocal public agency that is furnishingpart or all of the non-Federal share, theState plan must assure that—(1) The services provided by thecooperating agency are not thecustomary or typical services providedby that agency but are new services thathave a vocational rehabilitation focus orexisting services that have beenmodified, adapted, expanded, orreconfigured to have a vocationalrehabilitation focus;(2) The services provided by thecooperating agency are only available toapplicants for, or recipients of, servicesfrom the designated State unit;(3) Program expenditures and staffproviding services under thecooperative arrangement are under theadministrative supervision of thedesignated State unit; and(4) All State plan requirements,including a State’s order of selection,will apply to all services providedunder the cooperative program.(b) If a third party cooperativeagreement does not comply with thestatewideness requirement in § 361.25,the State unit shall obtain a waiver ofstatewideness, in accordance with§ 361.26.(Authority: Sec. 101(a)(1)(A) of the Act; 29U.S.C. 721(a)(1)(A))
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