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6348 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations§ 361.29 Statewide studies andevaluations.(a) Statewide studies. The State planmust assure that the State unit conductscontinuing statewide studies todetermine the current needs ofindividuals with disabilities within theState and the best methods to meetthose needs. As part of the developmentof the State plan, the continuingstatewide studies, at a minimum, mustinclude—(1) A triennial comprehensiveassessment of the rehabilitation needs ofindividuals with severe disabilities whoreside in the State;(2) A triennial review of theeffectiveness of outreach proceduresused to identify and serve individualswith disabilities who are minorities andindividuals with disabilities who areunserved and underserved by thevocational rehabilitation system; and(3) A triennial review of a broadvariety of methods to provide, expand,and improve vocational rehabilitationservices to individuals with the mostsevere disabilities, includingindividuals receiving supportedemployment services under 34 CFR part363.(b) Annual evaluation. The State planmust assure that the State unit conductsan annual evaluation of theeffectiveness of the State’s vocationalrehabilitation program in providingvocational rehabilitation and supportedemployment services, especially toindividuals with the most severedisabilities. The annual evaluation mustanalyze the extent to which—(1) The State has achieved the goalsand priorities established in the Stateplan and annual amendments to theplan; and(2) The State is in compliance withthe evaluation standards andperformance indicators established bythe Secretary pursuant to section 106 ofthe Act.(c) Reporting requirements. (1) TheState plan must describe annually thosechanges that have been adopted inpolicy, in the State plan and itsamendments, and in the strategic planand its amendments as a result of thestatewide studies and the annualprogram evaluation.(2) The State plan must contain anannual description of the methods usedto expand and improve vocationalrehabilitation services to individualswith the most severe disabilities,including the State unit’s criteria fordetermining which individuals areindividuals with the most severedisabilities.(3) The State plan must contain anannual analysis of the characteristics ofindividuals determined to be ineligiblefor services and the reasons for theineligibility determinations.(4) The State unit shall maintaincopies of the statewide studies and theannual evaluations and shall make thecopies available to the Secretary uponrequest.(d) Role of the State RehabilitationAdvisory Council. The State plan mustassure that the State unit seeks theadvice of the State RehabilitationAdvisory Council, if the State has aCouncil, regarding the continuingstatewide studies and the annualevaluation and, at the discretion of theState agency, seeks assistance from theCouncil in the preparation and analysisof the studies and evaluation.(Approved by the Office of Management andBudget under control number 1820–0500.)(Authority: Sections 101(a)(5) (A) and (B),101(a)(9)(D), 101(a)(15) (A), (C), and (D),101(a)(19), and 105(c)(2) of the Act; 29 U.S.C.721(a) (5), (9), (15), and (19) and 725(c)(2))§ 361.30 Services to special groups ofindividuals with disabilities.(a) Civil employees of the UnitedStates. The State plan must assure thatvocational rehabilitation services areavailable to civil employees of the U.S.Government who are disabled in theline of duty, under the same terms andconditions applied to other individualswith disabilities.(b) Public safety officers. (1) The Stateplan must assure that specialconsideration will be given to thoseindividuals with disabilities whosedisability arose from an impairmentsustained in the line of duty whileperforming as a public safety officer andthe immediate cause of that impairmentwas a criminal act, apparent criminalact, or a hazardous condition resultingdirectly from the officer’s performanceof duties in direct connection with theenforcement, execution, andadministration of law or fire prevention,firefighting, or related public safetyactivities.(2) For the purposes of paragraph (b)of this section, special consideration forStates under an order of selection meansthat those public safety officers whomeet the requirements of paragraph(b)(1) of this section must receivepriority for services over other eligibleindividuals in the same prioritycategory of the order of selection.(3) For the purposes of paragraph (b)of this section, criminal act means anycrime, including an act, omission, orpossession under the laws of the UnitedStates, a State, or a unit of general localgovernment that poses a substantialthreat of personal injury,notwithstanding that by reason of age,insanity, intoxication, or otherwise, theperson engaging in the act, omission, orpossession was legally incapable ofcommitting a crime.(4) For the purposes of paragraph (b)of this section, public safety officermeans a person serving the UnitedStates or a State or unit of localgovernment, with or withoutcompensation, in any activity pertainingto—(i) The enforcement of the criminallaws, including highway patrol, or themaintenance of civil peace by theNational Guard or the Armed Forces;(ii) A correctional program, facility, orinstitution if the activity is potentiallydangerous because of contact withcriminal suspects, defendants,prisoners, probationers, or parolees;(iii) A court having criminal orjuvenile delinquent jurisdiction if theactivity is potentially dangerous becauseof contact with criminal suspects,defendants, prisoners, probationers, orparolees; or(iv) Firefighting, fire prevention, oremergency rescue missions.(c) American Indians. (1) The Stateplan must assure that vocationalrehabilitation services are provided toAmerican Indians with disabilitiesresiding in the State to the same extentthat these services are provided to othersignificant groups of individuals withdisabilities residing in the State.(2) The State plan also must assurethat the designated State unit continuesto provide vocational rehabilitationservices, including, as appropriate,services traditionally used by Indiantribes, to American Indians withdisabilities who reside on reservationsand are eligible for services by a specialtribal program under 34 CFR part 371.(Authority: Secs. 7, 101(a)(13), 101(a)(20),and 130(b)(3) of the Act; 29 U.S.C. 706,721(a)(13), 721(a)(20), and 750(b)(3))§ 361.31 Utilization of communityresources.The State plan must assure that, inproviding vocational rehabilitationservices, public or other vocational ortechnical training programs or otherappropriate community resources areused to the maximum extent feasible.(Authority: Sec. 101(a)(12)(A) of the Act; 29U.S.C. 721(a)(12)(A))§ 361.32 Utilization of profitmakingorganizations for on-the-job training inconnection with selected projects.The State plan must assure that theState unit has the authority to enter intocontracts with profitmakingorganizations for the purpose ofproviding on-the-job training andrelated programs for individuals with