Title 34--EDUCATION
Chapter


an LEA is adequately providing FAPE to all children with disabilities residing in the area served by that agency with State and local funds, the SEA may reallocate any portion...


Indian children. (a) Reserved amounts for Secretary of Interior. From the amount appropriated for any fiscal year under 611(j) of the Act, the Secretary...


disabilities aged 3 through 5. (a) General. With funds appropriated under 611(j) of the Act, the Secretary makes payments to the Secretary of the Interior to...


From the amount appropriated for any fiscal year under section 611(j) of the Act, the Secretary reserves not more than one percent, which must be used-- [[Page...


the term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (Authority: 20...


grants. The Secretary uses funds described in Sec. 300.717(b) to award grants, on a competitive basis, to Guam, American Samoa, the Commonwealth of the Northern...


permitting the consolidation of grants by the outlying areas, do not apply to funds provided to those areas or to the freely associated States under Part B of...


associated States means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (Authority: 20 U.S.C. 1411(b)(6)) ...


(a) The SEA shall report to the Secretary no later than February 1 of each year the number of children with disabilities aged 3 through 21 residing in the State who...


the report. (a) For any year the SEA shall include in its report a table that shows the number of children with disabilities receiving special education and related...


The SEA shall include in its report a certification signed by an authorized official of the agency that the information provided under Sec. 300.751(a) is an accurate...


(a) The SEA may include in its report children with disabilities who are enrolled in a school or program that is operated or supported by a public agency,...


the SEA. In addition to meeting the other requirements of Sec. Sec. 300.750- 300.753, the SEA shall-- (a) Establish procedures to be used by LEAs and...


receives assistance under Part B of the Act, and the Secretary of the Interior, shall provide for the collection and examination of data to determine if...


receives assistance under Part B of the Act, and the Secretary of the Interior, shall provide for the collection and examination of data to determine if...
...


The purpose of the Preschool Grants for Children With Disabilities program (Preschool Grants program) is to provide grants to States to assist them in providing special education...


(a) The Education Department General Administrative Regulations (EDGAR) in title 34 of the Code of Federal Regulations-- (1) Part 76 (State-Administered...


part are defined in 34 CFR 77.1: Applicant Application Award EDGAR Fiscal year Grant period Secretary Subgrant (b) Other definitions....


C of the Act does not apply to any child with disabilities receiving a free appropriate public education, in accordance with part B of the Act, with funds received under the...


receive a grant if-- (a) The State is eligible under 34 CFR part 300; and (b) The State demonstrates to the satisfaction of the Secretary that it has in effect...


all preschool children with disabilities. If a State does not meet the requirements in section 619(b) of the Act-- (a) The State is not eligible for a grant...


under section 674(e) of the Act, the Secretary allocates the remaining amount among the States in accordance with Sec. Sec. 301.21-301.23. (Authority: 20...


Sec. 301.20 is equal to or greater than the amount allocated to the States under section 619 of the Act for the preceding fiscal year, those allocations are calculated...


section are subject to the following: (1) No State's allocation may be less than its allocation for the preceding fiscal year. (2) No State's allocation may be...


under Sec. 301.20 is less than the amount allocated to the States under section 619 of the Act for the preceding fiscal year, those allocations are calculated...


amount described in paragraph (b) of this section for administration and other State-level activities in accordance with Sec. Sec. 301.25 and 301.26. (b) For each fiscal...


619 of the Act (including the coordination of activities under Part B of the Act with, and providing technical assistance to, other programs that provide...


retains under Sec. 301.24 and does not use for administration under Sec. 301.25 for any of the following: (a) Support services (including establishing and implementing...


receives a grant under section 619 of the Act for any fiscal year shall distribute any funds it does not retain under Sec. 301.24 to local educational agencies in the State...


State shall first award each agency described in Sec. 301.30 the amount that agency would have received under section 619 of the Act for fiscal year 1997 if the State...


determines that an LEA is adequately providing a free appropriate public education to all children with disabilities aged 3 through 5 residing in the area served by that agency...


disabilities. Purpose, Eligibility, and Other General Provisions The purpose of this part is to provide financial assistance to States to-- ...


50 States, the Commonwealth of Puerto Rico, the District of Columbia, the Secretary of the Interior, and the following jurisdictions: Guam, American Samoa, the...


this part may be used for the following activities: (a) To maintain and implement a statewide system of early intervention services for children eligible under this part and...


to any child with disabilities receiving a free appropriate public education, in accordance with 34 CFR part 300, with funds received under 34 CFR part 301. (Authority:...


to this part: (1) The Education Department General Administrative Regulations (EDGAR), including-- (i) Part 76 (State Administered Programs), except for Sec....


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR303.6] [Page 179] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 303--EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES--Table of Contents Subpart A--General Sec. 303.6 Act. As used in this part, Act means the Individuals with Disabilities Education Act. (Authority: 20 U.S.C. 1400) ...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR303.7] [Page 179] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 303--EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES--Table of Contents Subpart A--General Sec. 303.7 Children. As used in this part, children means infants and toddlers with disabilities as that term is defined in Sec. 303.16. (Authority: 20 U.S.C. 1432(5)) ...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR303.8] [Page 179] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 303--EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES--Table of Contents Subpart A--General Sec. 303.8 Council. As used in this part, Council means the State Interagency Coordinating Council. (Authority: 20 U.S.C. 1432(2)) ...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR303.9] [Page 179] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 303--EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES--Table of Contents Subpart A--General Sec. 303.9 Days. As used in this part, days means calendar days. (Authority: 20 U.S.C. 1431-1445) ...


when used with respect to an individual residing in a State, has the meaning given to that term under Sec. 303.300. (Authority: 20 U.S.C. 1432(3)) [64...


program means the total effort in a State that is directed at meeting the needs of children eligible under this part and their families. (Authority: 20...


this part, early intervention services means services that-- (1) Are designed to meet the developmental needs of each child eligible under this part and the needs of the...


means services necessary to enable a child to benefit from the other early intervention services under this part during the time that the child is receiving the other...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR303.14] [Page 183] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 303--EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES--Table of Contents Subpart A--General Sec. 303.14 IFSP. As used in this part, IFSP means the individualized family service plan, as that term is defined in Sec. 303.340(b). (Authority: 20 U.S.C. 1436) ...


means that the items named are not all of the possible items that are covered whether like or unlike the ones named. (Authority: 20...


part, infants and toddlers with disabilities means individuals from birth through age two who need early intervention services because they-- (1) Are...


the involvement of two or more disciplines or professions in the provision of integrated and coordinated services, including evaluation and assessment activities in Sec....


settings that are natural or normal for the child's age peers who have no disabilities. (Authority: 20 U.S.C. 1435 and 1436) [63 FR 18294, Apr....


(1) A natural or adoptive parent of a child; (2) A guardian; (3) A person acting in the place of a parent (such as a grandparent or stepparent with whom...


regulations, Governor's orders, directives by the lead agency, or other written documents that represent the State's position concerning any matter covered under...


lead agency and any other political subdivision of the State that is responsible for providing early intervention services to children eligible under this part and...


a person has met State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which the person is...


As used in this part, except in Sec. 303.12(d)(11), service coordination means the activities carried out by a service coordinator to assist and enable a child eligible under...


each of the 50 States, the Commonwealth of Puerto Rico, the District of Columbia, and the jurisdictions of Guam, American Samoa, the Virgin Islands, the Commonwealth of...


this part are defined in 34 CFR 77.1: Applicant Award Contract Department EDGAR Fiscal year Grant Grantee ...


General Requirements (a) In order to receive funds under this part for any fiscal year, a State must have-- (1) An approved application that contains...


of assurances. The Secretary follows the procedures in 34 CFR 300.581 through 300.586 before disapproving a State's application or statement of assurances...


(a) Before submitting to the Secretary its application under this part, and before adopting a new or revised policy that is not in its current application, a...


The notice required in Sec. 303.110(a)(3) must-- (a) Be published in newspapers or announced in other media, or both, with coverage adequate to notify the general...


in a sufficient number and at times and places that afford interested parties throughout the State a reasonable opportunity to participate. (Authority: 20...


of comments. Before adopting its application, and before the adoption of a new or revised policy not in the application, the lead agency shall-- (1) Review and consider...


contain the information required in Sec. Sec. 303.121 through 303.128. (b) Unless otherwise required by the Secretary, the statement is submitted only once, and...


for-- (a) Making reports in such form and containing such information as the Secretary may require; and (b) Keeping such records and affording such access to...


provide assurance satisfactory to the Secretary that-- (a) The control of funds provided under this part, and title to property acquired with those funds, will be in...


include an assurance satisfactory to the Secretary that funds made available under this part will not be commingled with State funds. (Approved by the Office...


must include an assurance satisfactory to the Secretary that Federal funds made available under this part will be used to supplement the level of State and local funds...


satisfactory to the Secretary that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and...


an assurance satisfactory to the Secretary that the State will comply with the provisions in Sec. 303.527, including the requirements on-- (a) Nonsubstitution of...


The statement must include an assurance satisfactory to the Secretary that the funds paid to the State under this part will be expended in accordance with the provisions of this...


include an assurance satisfactory to the Secretary that policies and practices have been adopted to ensure-- (a) That traditionally underserved groups, including...


must contain information and assurances demonstrating to the satisfaction of the Secretary that-- (a) The statewide system of early intervention services required in...


include information demonstrating that the State has established a State Interagency Coordinating Council that meets the requirements of subpart G of...


include a designation of the lead agency in the State that will be responsible for the administration of funds provided under this part. (Approved by the Office...


Each application must include a designation by the State of an individual or entity responsible for assigning financial responsibility among appropriate...


include an assurance that funds received under this part will be used to assist the State to maintain and implement the statewide system required under subparts D through...


application must include a description of how a State proposes to use its funds under this part for the fiscal year or years covered by the application. The description must...


application must include the information on public participation that is required in Sec. 303.113(b). (Approved by the Office of Management and Budget under control...


include a description of the procedure used to ensure that resources are made available under this part for all geographic areas within the State. (Authority:...


must include a description of the policies and procedures to be used to ensure a smooth transition for children receiving early intervention services under this part...


Each application must address the minimum components of a statewide system of coordinated, comprehensive, multidisciplinary, interagency programs providing appropriate early...


Each application must include the State's definition of ``developmental delay,'' as described in Sec. 303.300. (Approved by the Office of Management and Budget under control...


information and assurances demonstrating to the satisfaction of the Secretary that the State has developed a central directory of information that meets the requirements...


include information and assurances demonstrating to the satisfaction of the Secretary that the State has established a public [[Page 192]] awareness...


include-- (a) The policies and procedures required in Sec. 303.321(b); (b) Information demonstrating that the requirements on coordination in Sec. 303.321(c)...


Each application must include information to demonstrate that the requirements in Sec. Sec. 303.322 and 303.323 are met. (Approved by the Office of Management...


must include-- (a) An assurance that a current IFSP is in effect and implemented for each eligible child and the child's family; (b) Information...


Each application must include information to show that the requirements in Sec. 303.360(b) are met. (Approved by the Office of Management and Budget under control...


include policies and procedures that are consistent with the requirements in Sec. 303.361. (Approved by the Office of Management and Budget under control...


include procedural safeguards that-- (a) Are consistent with Sec. Sec. 303.400 through 303.406, 303.419 through 303.425 and 303.460; and (b) Incorporate either-- ...


application must include information to show that the requirements in Sec. 303.501 are met. (Approved by the Office of Management and Budget under control...


Each application must include procedures that are consistent with the requirements in Sec. Sec. 303.510 through 303.512. (Approved by the Office of Management and Budget...


Each application must include-- (a) Funding policies that meet the requirements in Sec. Sec. 303.520 and 303.521; (b) Information about funding sources,...


Each application must include-- (a) A copy of each interagency agreement that has been developed under Sec. 303.523; and (b) Information to show that...


Each application must include a policy that meets the requirements in Sec. 303.526. (Approved by the Office of Management and Budget under control...


that meet the requirements in Sec. 303.540. (Approved by the Office of Management and Budget under control number 1820-0550) (Authority: 20...


and tribal organizations. (a) The Secretary makes payments to the Secretary of the Interior for the coordination of assistance in the provision of early...


(a) For each fiscal year, from the aggregate amount of funds available under this part for distribution to the States, the Secretary allots to each State an amount that bears the...


If a State elects not to receive its allotment, the Secretary reallots those funds among the remaining States, in accordance with Sec....


No State receives less than 0.5 percent of the aggregate amount available under Sec. 303.200 or $500,000, whichever is greater. (Authority: 20...


The amount of the payment to the Secretary of the Interior under Sec. 303.180 for any fiscal year is 1.25 percent of the aggregate amount available to States after the...


the sums appropriated to carry out this part for any fiscal year, the Secretary may reserve up to 1 percent for payments to the jurisdictions listed in Sec. 303.2 in accordance...


303.300 State eligibility criteria and procedures. General Each statewide system of early intervention services must...


303.301 Central directory. (a) Each system must include a central directory of information about-- (1) Public and private early intervention services, resources,...


303.320 Public awareness program. Each system must include a public awareness program that focuses on the early identification of children who are eligible to...


303.321 Comprehensive child find system. (a) General. (1) Each system must include a comprehensive child find system that is consistent with part B of the Act (see...


303.322 Evaluation and assessment. (a) General. (1) Each system must include the performance of a timely, comprehensive, multidisciplinary evaluation of each...


303.323 Nondiscriminatory procedures. Each lead agency shall adopt nondiscriminatory evaluation and assessment procedures. The procedures must provide that public...


303.340 General. (a) Each system must include policies and procedures regarding individualized family service plans (IFSPs) that meet the requirements of this...


303.342 Procedures for IFSP development, review, and evaluation. (a) Meeting to develop initial IFSP--timelines. For a child who has been evaluated for the first...


303.343 Participants in IFSP meetings and periodic reviews. (a) Initial and annual IFSP meetings. (1) Each initial meeting and each annual meeting to evaluate the IFSP...


303.344 Content of an IFSP. (a) Information about the child's status. (1) The IFSP must include a statement of the child's present levels of physical...


303.345 Provision of services before evaluation and assessment are completed. Early intervention services for an eligible child and the child's family may...


303.346 Responsibility and accountability. Each agency or person who has a direct role in the provision of early intervention services is responsible for making a good...


303.360 Comprehensive system of personnel development. (a) Each system must include a comprehensive system of personnel development. (b) The personnel...


303.361 Personnel standards. (a) As used in this part-- (1) Appropriate professional requirements in the State means entry level requirements that-- ...


General Each lead agency shall be responsible for-- (a) Establishing or adopting procedural safeguards that meet...


As used in this subpart-- (a) Consent means that-- (1) The parent has been fully informed of all information relevant to the activity...


the confidentiality procedures in the regulations under part B of the Act (34 CFR 300.560 through 300.576), the parents of a child eligible under this part must be afforded...


prior notice must be given to the parents of a child eligible under this part a reasonable time before a public agency or service provider proposes, or refuses, to initiate...


be obtained before-- (1) Conducting the initial evaluation and assessment of a child under Sec. 303.322; and (2) Initiating the provision of early intervention...


a child eligible under this part may determine whether they, their child, or other family members will accept or decline any early intervention service under this part in...


shall ensure that the rights of children eligible under this part are protected if-- (1) No parent (as defined in Sec. 303.18) can be identified; (2) The public...


procedures are established and implemented to allow parties to disputes involving any matter described in Sec. 303.403(a) to resolve the disputes through a mediation...


written procedures including procedures for mediation as described in Sec. 303.419, for the timely administrative resolution of individual child complaints by parents...


duties. An impartial person must be appointed to implement the complaint resolution process in this subpart. The person must-- (1) Have knowledge about the...


(a) General. Each lead agency shall ensure that the parents of children eligible under this part are afforded the rights in paragraph (b) of this section in any administrative...


proceeding for implementing the complaint resolution process in this subpart must be carried out at a time and place that is reasonably convenient to the parents. (b)...


decision regarding an administrative complaint has the right to bring a civil action in State or Federal court under section 639(a)(1) of the Act. (Approved by the...


pendency of any proceeding involving a complaint under this subpart, unless the public agency and parents of a child otherwise agree, the child must continue to receive...


adopt or develop policies and procedures that the State will follow in order to ensure the protection of any personally identifiable information collected, used, or...


General Each system must include a single line of responsibility in a lead agency that-- (a) Is established or designated by the...


General. Each lead agency is responsible for-- (1) The general administration and supervision of programs and activities receiving assistance under this part; and (2)...


lead agency shall adopt written procedures for-- (1) Resolving any complaint, including a complaint filed by an organization or individual from another State, that any public...


(a) General. An individual or organization may file a written signed complaint under Sec. 303.510. The complaint must include-- (1) A statement that the State has violated...


limit, minimum procedures. Each lead agency shall include in its complaint procedures a time limit of 60 calendar days after a complaint is filed under Sec. 303.510(a) to-- ...


(a) General. Each lead agency is responsible for establishing State policies related to how services to children eligible under this part and their families will be paid for under...


Sec. 303.12(a)(3)(iv), a system of payments for early intervention services, including a schedule of sliding fees. (b) Functions not subject to fees. The...


(a) Each lead agency is responsible for-- (1) The identification and coordination of all available resources for early intervention services within the State, including those...


agency is responsible for entering into formal interagency agreements with other State-level agencies involved in the State's early intervention program. Each agreement must meet...


responsible for resolving individual disputes, in accordance with the procedures in Sec. 303.523(c)(2)(ii). (b)(1) During a dispute, the individual or entity responsible...


agency is responsible for the development of procedures to ensure that services are provided to eligible children and their families in a timely manner, pending the resolution...


Each system must include a policy pertaining to contracting or making other arrangements with public or private service providers to provide early intervention...


Except as provided in paragraph (b)(1) of this section, funds under this part may not be used to satisfy a financial commitment for services that would otherwise have been...


procedure for securing the timely reimbursement of funds used under this part, in accordance with Sec. 303.527(b). (Approved by the Office of Management and Budget...


procedures that the State uses to compile data on the statewide system. The procedures must-- (1) Include a process for-- (i) Collecting data from various agencies...


use funds under this part that are reasonable and necessary for administering the State's early intervention program for infants and toddlers with...


General (a) A State that desires to receive financial assistance under this part shall establish a State Interagency Coordinating Council. (b)...


composed as follows: (1)(i) At least 20 percent of the members must be parents, including minority parents, of infants or toddlers with disabilities or children...


to the approval of the Governor, the Council may use funds under this part-- (1) To conduct hearings and forums; (2) To reimburse members of the Council...


least quarterly and in such places as it deems necessary. (b) The meetings must-- (1) Be publicly announced sufficiently in advance of the dates they are to be held...


Council may cast a vote on any matter that would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest. (Approved by...


(1) Advise and assist the lead agency in the development and implementation of the policies that constitute the statewide system; (2) Assist the lead agency in achieving...


Each Council shall advise and assist the lead agency in the-- (a) Identification of sources of fiscal and other support for services for...


assist the lead agency in the preparation of applications under this part and amendments to those applications. (Approved by the Office of Management and Budget...


advise and assist the State educational agency regarding the transition of toddlers with disabilities to services provided under part B of the Act, to preschool and other...


Council shall-- (1) Prepare an annual report to the Governor and to the Secretary on the status of early intervention programs operated within the State for children...


receive scholarship assistance from projects funded under the Special Education--Personnel Preparation to Improve Services and Results for Children with Disabilities program...


to Improve Services and Results for Children with Disabilities Program? The Special Education--Personnel Preparation to Improve Services and Results for...


(a) Definitions in EDGAR. The following terms used in this part are defined in 34...


The following regulations apply to this program: (a) The Education Department General Administrative Regulations (EDGAR) in the following parts of title 34 of...


directing grant funds? (a) The Secretary, as appropriate, identifies in a notice published in the Federal Register, the percentage (up to 75 percent) of a...


In addition to the allowable costs established in the Education Department General Administrative Regulations in 34 CFR 75.530 through 75.562, the following...


grantees in disbursing scholarships? Before disbursement of scholarship assistance to an individual, a grantee must-- (a) Ensure that the scholar-- ...


be provided by a grantee that intends to provide scholarships? Before receiving an award, a grantee that intends to grant scholarships under the program must assure...


scholars? A scholar must-- (a) Be enrolled in a course of study leading to a degree, certificate, endorsement, or license related to special...


for obtaining a deferral or exception to performance or repayment under an agreement? (a) An exception to the repayment requirement in Sec. 304.23(c) may...


a scholar's failure to meet the terms and conditions of a scholarship agreement? If a scholar fails to meet the terms and conditions of a scholarship agreement...


for Individuals with Disabilities? This program provides grants to States to support systems change and advocacy activities designed to assist States...


technology-related assistance for individuals with disabilities? The purposes of this program are to provide financial assistance to States to support systems change...


(a) Under this program, the Secretary-- (1) Awards three-year development grants to assist States in developing and implementing consumer-responsive...


A State is eligible to receive a development grant under this program, provided that the Governor has designated a lead agency to carry out the responsibilities contained...


public agency in applying for and in administering a development grant? (a) The lead agency is responsible for the following: (1) Submitting the application containing...


(a) The Governor may designate-- (1) A commission appointed by the Governor; (2) A public-private partnership or consortium; (3) A...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR345.7] [Page 225] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 345--STATE GRANTS PROGRAM FOR TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES--Table of Contents Subpart A--General Sec. 345.7 Who is eligible to receive an extension grant? A State is eligible to receive an extension grant under this program. ...


applying for and in administering an extension grant? (a) To be eligible to receive an initial extension grant, the lead agency shall-- (1) Submit an...


The following regulations apply to the State Grants Program for Technology-Related Assistance for Individuals with Disabilities: (a) The Education Department General...


(a) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR...


authorized under this program? Any State that receives a development or extension grant shall use the funds made available through the grant to accomplish the...


a development grant? (a) Applicants for development grants under this program shall include the following information in their applications: ...


application for a development grant under this program? The Secretary evaluates each application using the selection criteria in 34 CFR 75.210. (Authority:...


into consideration in making development grant awards under this program? In making development grants under this program, the Secretary takes into consideration, to...


for an extension grant? (a) The Secretary may award an initial extension grant to any State that-- (1) Provides the evidence described in Sec. 345.6(b)...


(a) The Secretary gives, in each of the 2 fiscal years succeeding the fiscal year in which amounts are first appropriated for carrying out development...


the recipients of development and extension grants? (a) States receiving development and extension grants shall submit annually to the Secretary a report...


A State is making significant progress when it carries out-- (a) The systems change and advocacy activities listed in Sec. 345.30(b)(1)(ii)(A) through...


under this program? Title to devices purchased with grant funds under this part, either directly or through any contract or subgrant, must be held by a public...


participation in the Secretary's progress assessments? Recipients of development grants shall participate in the Secretary's assessment of the extent to which States...


program? (a) States receiving funds under this part shall comply with the assurances provided under Sec. Sec. 345.30 and 345.31. (b) A State receiving a grant...


a State in carrying out protection and advocacy services? (a)(1) A State is eligible to receive funding to provide protection and advocacy services if-- (i)...


plan? (a) Any State that fails to comply with the requirements of this part is subject to a corrective action plan. (b) A State may appeal a finding that...


on a grantee that is subject to corrective action? A State that fails to comply with the requirements of this part may be subject to corrective actions such as-- ...


lead agency when it is subject to corrective action? (a) Once a State becomes subject to a corrective action plan under Sec. 345.60, the Governor of the State,...


responsible for providing protection and advocacy services? (a) The Governor of a State, based on input from individuals with disabilities and their family...


The Disability and Rehabilitation Research Projects and Centers Program provides grants to establish and support-- (a) The following Disability...


Centers Program? The purpose of the Disability and Rehabilitation Research Project and Centers Program is to plan and conduct research, demonstration...


for an award under this program: (a) States. (b) Public or private agencies, including for-profit agencies. (c) Public or private organizations, including...


Disability and Rehabilitation Research Projects and Centers Program: (a) The Education Department General Administrative Regulations (EDGAR) as follows: (1) 34...


34 CFR part 77 apply to...


Research Projects? Disability and Rehabilitation Research Projects must meet the following requirements: (a) Carry out one or more of the...


A Field-Initiated Project must-- (a) Further one or more of the purposes in Sec. 350.2; and (b) Carry out one of the following types of activities: ...


Research Training Project? An Advanced Rehabilitation Research Training Project must-- (a) Provide research training and experience at an advanced level...


In carrying out a research activity under this program, a grantee shall-- (a) Identify one or more hypotheses; and (b) Based on the hypotheses...


In carrying out a training activity under this program, a grantee shall conduct a planned and systematic sequence of supervised instruction that is designed to...


In carrying out a demonstration activity under this program, a grantee shall apply results derived from previous research, testing, or practice to determine...


In carrying out a development activity under this program, a grantee must use knowledge and understanding gained from research to create materials,...


In carrying out a utilization activity under this program, a grantee must relate research findings to practical applications in planning, policy making,...


In carrying out a dissemination activity under this program, a grantee must systematically distribute information or knowledge through a variety of ways...


activity? In carrying out a technical assistance activity under this program, a [[Page 246]] grantee must provide expertise or information for...


What general requirements must a Rehabilitation Research and Training Center meet? A Rehabilitation Research and Training Center shall-- (a) Plan and...


What collaboration must a Rehabilitation Research and Training Center engage in? A Rehabilitation Research and Training Center must be operated by or in...


What activities must a Rehabilitation Research and Training Center conduct? A Rehabilitation Research and Training Center shall-- (a) Carry out research activities...


What restriction exists on Rehabilitation Research and Training Centers regarding indirect costs? A host institution with which a Rehabilitation Research and Training...


350.30 What requirements must a Rehabilitation Engineering Research Center meet? A Rehabilitation Engineering Research Center shall plan and conduct activities...


What collaboration must a Rehabilitation Engineering Research Center engage in? A Rehabilitation Engineering Research Center must be operated by or in...


What activities must a Rehabilitation Engineering Research Center conduct? A Rehabilitation Engineering Research Center shall-- (a) Conduct research or...


350.33 What cooperation requirements must a Rehabilitation Engineering Research Center meet? A Rehabilitation Engineering Research Center-- (a) Shall cooperate with...


Which Rehabilitation Engineering Research Centers must have an advisory committee? A Rehabilitation Engineering Research Center conducting research or...


What are the requirements for the composition of an advisory committee? The majority of a Rehabilitation Engineering Research Center advisory committee's members must...


individuals with disabilities from minority backgrounds? (a) Unless the Secretary indicates otherwise in a notice published in the Federal Register, an applicant...


and Rehabilitation Research Projects and Centers Program obtain? (a) An applicant that proposes to conduct research, demonstrations,...


(a) The Secretary refers each application for a grant governed by those regulations in this part to a peer review panel established by the Secretary. (b) Peer...


of peer review is to insure that-- (a) Those activities supported by the National Institute on Disability and Rehabilitation Research (NIDRR) are of the highest...


(a) The Secretary selects as members of a peer review panel scientists and other experts in rehabilitation or related fields who are qualified, on the basis of training,...


(a)(1)(i) The Secretary selects one or more of the selection criteria in Sec. 350.54 to evaluate an application; (ii) The Secretary establishes selection criteria based...


an application? In addition to criteria established under Sec. 350.53(a)(1)(ii), the Secretary may select one or more of the following criteria in evaluating...


Project applications for funding? (a) The Secretary reserves funds to support some or all of the Field-Initiated Project applications that have been awarded...


A grantee must-- (a) Conduct all activities in a manner that is accessible to and usable by individuals with disabilities; and (b) If a grantee carries out more than...


(a) A grantee must establish performance measures for use in its evaluation that-- (1) Are clearly related to the-- (i) Intended outcomes of the project; and ...


Secretary may make grants to pay for part of the costs of research and demonstration projects that bear directly on the development of procedures, methods, and devices to...


Client Assistance Program? All Projects and Centers that provide services to individuals with disabilities with funds awarded under this Program must-- (a) Advise...


Rehabilitation Research Training Project? A grantee for an Advanced Rehabilitation Research Training Project shall provide training to individuals that is at least...


an Advanced Rehabilitation Research Training Project? Individuals who are receiving training under an Advanced Rehabilitation Research Training Project shall devote at...


Any patent application filed by a grantee for an invention made under a grant must include the following statement in the first paragraph: The...


is to build research capacity by providing support to highly qualified individuals, including those who are individuals with disabilities, to perform research on...


eligible to be recipients of Fellowships. (b) Any individual is eligible for assistance under this program who has training and experience that indicate a potential...


to this program: (a) The peer review requirements contained in 34 CFR 350.31-350.32. (b) The regulations in this part--34 CFR part 356; (c)(1) Subject to...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR356.4] [Page 257] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 356--DISABILITY AND REHABILITATION RESEARCH: RESEARCH FELLOWSHIPS--Table of Contents Subpart A--General Sec. 356.4 What definitions apply to this program? The definitions listed in 34 CFR 350.4 apply to this program. (Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1))) ...


of activities are authorized? (a) Fellows may conduct original research in any area authorized by section 204 of the Act. (b) Each year the Secretary...


of problems may be researched under the fellowship program? Problems encountered by individuals with disabilities in their daily lives that are due to the presence of...


From time to time the Secretary will publish in the Federal Register an Application Notice that announces the availability of fellowship assistance under...


Secretary reviews applications for Fellowships in accordance with the peer review requirements governing grants in 34 CFR 350.31 and 350.32 and the selection criteria contained in Sec....


The Secretary evaluates an application for a Fellowship on the basis of-- (a) Quality and level of formal education, previous work experience, and recommendations...


The Secretary awards the following points for each application based on how well the applicant addresses the two criteria in Sec. 356.30: Outstanding (5); Superior...


funding under this part? (a) The Secretary reserves funds to support some or all of the applications which have been awarded a rating of superior or better (4-5...


The Secretary awards Fellowships for a period of 12 months. Under exceptional circumstances, the Secretary may extend the period of a Fellowship; such an extension may not exceed...


The Secretary may require a research fellow to work full time on authorized fellowship activities. (Authority: Sec. 202(d); (29...


Publication, distribution, and disposition of all manuscripts and other materials resulting from a fellowship awarded under this part must acknowledge that assistance was received from...


A Fellowship award in either the Distinguished or Merit category includes a fixed stipend and a flat rate allowance for research and research-related...


final reports. Each report must contain at a minimum an analysis of the significance of the project and an assessment of the degree to which the objectives of the project...


require fellows to attend one or more meetings in connection with Fellowship activities. (Authority: Sec. 202(d); 29 U.S.C. 761a(d)) [49 FR 24979, June...


Spinal Cord Injuries Program? This program provides assistance to establish innovative projects for the delivery, demonstration, and evaluation of...


program? The agencies and organizations eligible to apply under this program are described in 34 CFR 350.2. (Authority: Sec. 204(b)(4)(A); 29...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR359.3] [Page 259] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 359--DISABILITY AND REHABILITATION RESEARCH: SPECIAL PROJECTS AND DEMONSTRATIONS FOR SPINAL CORD INJURIES--Table of Contents Subpart A--General Sec. 359.3 What regulations apply to this program? The regulations referenced in 34 CFR 350.3 apply to this program. (Authority: Secs. 202 and 204; 29 U.S.C. 761a and 762) ...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR359.4] [Page 259] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 359--DISABILITY AND REHABILITATION RESEARCH: SPECIAL PROJECTS AND DEMONSTRATIONS FOR SPINAL CORD INJURIES--Table of Contents Subpart A--General Sec. 359.4 What definitions apply to this program? The definitions listed in 34 CFR 350.4 apply to this program. (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1)) ...


Program? Sec. 359.10 What types of projects are authorized under this program? This program provides assistance for demonstration projects that-- ...


Program? Sec. 359.11 What activities must each recipient carry out under this program? Each recipient, whether administering a project separately under...


this program? Peer review is conducted under this program in accordance with 34 CFR 350.30-350.32, using the selection criteria in Sec....


the Secretary use in reviewing applications under this program? The Secretary uses the criteria in this section to evaluate applications under this program. The...


the Secretary consider in making a grant under this program? In determining which applicants to fund under this program, the Secretary also considers the proposed...


Secretary provides grants to assist States in operating statewide comprehensive, coordinated, effective, efficient, and accountable programs, each of which is-- ...


meets the requirements of section 101(a) of the Act and this part is eligible for a grant under this Program. (Authority: Section 101(a) of the Act; 29...


(a) The costs of providing vocational rehabilitation services under the State plan; and (b) Administrative costs under the State plan. (Authority:...


(a) The Education Department General Administrative Regulations (EDGAR) as follows: (1) 34 CFR part 74 (Administration of Grants and Agreements with Institutions of...


(a) The Education Department General Administrative Regulations (EDGAR) as follows: (1) 34 CFR part 74 (Administration of Grants and Agreements with Institutions of...
...


and disapproval of the State plan. (a) Purpose. For a State to receive a grant under this part, the designated State agency must submit to the Secretary,...


funds. (a) Basis for withholding. The Secretary may withhold or limit payments under section 111 or 622(a) of the Act, as provided by section 107(c) and (d) of the...


The State plan must assure that the State agency, and the designated State unit if applicable, employs methods of administration found necessary by the...


administration. (a) Designation of State agency. The State plan must designate a State agency as the sole State agency to administer the State plan, or to supervise...


agency. (a) General provisions. (1) If the Secretary has withheld all funding from a State under Sec. 361.11, the State may designate another agency to...


(a) If the State plan provides for the administration of the plan by a local agency, the designated State agency must-- (1) Ensure that each local agency is...


an independent commission or a state rehabilitation council. (a) General requirement. Except as provided in paragraph (b) of this section, the State plan must contain one...


a state rehabilitation council. If the State has established a Council under Sec. 361.16(a)(2) or (b), the Council must meet the following requirements: ...


of personnel development. The State plan must describe the procedures and activities the State agency will undertake to establish and maintain a comprehensive...


individuals with disabilities. The State plan must assure that the State agency takes affirmative action to employ and advance in employment qualified individuals...


(a) Conduct of public meetings. The State plan must assure that prior to the adoption of any substantive policies or procedures governing...


the administration of the state plan. The State plan must assure that, in connection with matters of general policy arising in the administration of the State plan,...


education officials. (a) Plans, policies, and procedures. (1) The State plan must contain plans, policies, and procedures for coordination between the designated...


to the statewide workforce investment system. (a) Responsibilities as a partner of the One-Stop service delivery system. As a required partner in the One-Stop...


with other entities. (a) Interagency cooperation. The State plan must describe the designated State agency's cooperation with and use of the services...


The State plan must assure that services provided under the State plan will be available in all political subdivisions of the State, unless a waiver of statewideness...


(a) Availability. The State unit may provide services in one or more political subdivisions of the State that increase services or expand the scope of services...


administration of joint programs. (a) If the State plan provides for the designated State agency to share funding and administrative responsibility with another...


arrangements involving funds from other public agencies. (a) The designated State unit may enter into a third-party cooperative arrangement for providing...


annual estimates; annual State goals and priorities; strategies; and progress reports. (a) Comprehensive statewide assessment. (1) The State plan must include-- ...


American Indians. The State plan must assure that the designated State agency provides vocational rehabilitation services to American Indians who are individuals...


private nonprofit organizations. The State plan must describe the manner in which cooperative agreements with private nonprofit vocational rehabilitation...


for on-the-job training in connection with selected projects. The State plan must assure that the designated State agency has the authority to enter...


plan supplement. (a) The State plan must assure that the State has an acceptable plan under 34 CFR part 363 that provides for the use of funds under that part...


activities. (a) The State plan must assure that the State will reserve and use a portion of the funds allotted to the State under section 110 of the Act-- ...


all eligible individuals; order of selection for services. (a) General provisions. (1) The designated State unit either must be able to provide the full range...


referral programs. (a) General provisions. The State plan must assure that-- (1) The designated State agency will implement an information and referral...


and release of personal information. (a) General provisions. (1) The State agency and the State unit must adopt and implement written policies and procedures...


The designated State unit must, upon request, identify those regulations and policies relating to the administration or operation of its...


(a) The State plan must assure that the designated State agency will submit reports, including reports required under sections 13, 14, and 101(a)(10) of the Act-- (1)...


and applications. (a) Referrals. The designated State unit must establish and implement standards for the prompt and equitable handling of referrals of...


determining eligibility and priority for services. In order to determine whether an individual is eligible for vocational rehabilitation services and the individual's...


determination. If the State unit determines that an applicant is ineligible for vocational rehabilitation services or determines that an individual...


determination. The designated State unit may not close an applicant's record of services prior to making an eligibility determination unless the...


the individualized plan for employment. (a) General requirements. The State plan must assure that-- (1) An individualized plan for employment (IPE) meeting...


individualized plan for employment. (a) Mandatory components. Regardless of the approach in Sec. 361.45(c)(1) that an eligible individual selects for purposes...


(a) The designated State unit must maintain for each applicant and eligible individual a record of services that includes, to the extent pertinent, the...


rehabilitation services for individuals with disabilities. As appropriate to the vocational rehabilitation needs of each individual and consistent with each...


rehabilitation services for groups of individuals with disabilities. (a) The designated State unit may also provide for the following vocational rehabilitation...


the provision of services for individuals with disabilities. (a) Policies. The State unit must develop and maintain written policies covering the nature and...


and providers of services. (a) Accessibility of facilities. The State plan must assure that any facility used in connection with the delivery of...


(a) General provision. The State plan must assure that applicants and eligible individuals or, as appropriate, their representatives are provided information...


and benefits. (a) Determination of availability. The State plan must assure that prior to providing any vocational rehabilitation services, except those...


individuals in cost of services based on financial need. (a) No Federal requirement. There is no Federal requirement that the financial need of individuals be considered...


individuals in extended employment and other employment under special certificate provisions of the Fair Labor Standards Act. (a) The State plan must assure that the...


closing the record of services of an individual who has achieved an employment outcome. The record of services of an individual who has achieved an employment outcome may...


made by designated State unit personnel. (a) Procedures. The designated State unit must develop and implement procedures to ensure that an applicant or...


(1) General. Except as provided in paragraph (a)(2) of this section, the Federal share for expenditures made by the State under the State plan, including expenditures for...


No more than 10 percent of a State's allotment for any fiscal year under section 110 of the Act may be spent on the construction of facilities for community rehabilitation...


(1) The Secretary reduces the amount otherwise payable to a State for a fiscal year by the amount by which the total expenditures from non-Federal sources under...


program income means gross income received by the State that is directly generated by an activity supported under this part. (b) Sources. Sources of program...


as provided in paragraph (b) of this section, any Federal funds, including reallotted funds, that are appropriated for a fiscal year to carry out a program under this part that...


(a) Allotment. (1) The allotment of Federal funds for vocational rehabilitation services for each State is computed in accordance with the...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR361.80] [Page 323] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 361--STATE VOCATIONAL REHABILITATION SERVICES PROGRAM--Table of Contents Subpart E--Evaluation Standards and Performance Indicators Sec. 361.80 Purpose. The purpose of this subpart is to establish evaluation standards and performance indicators for the Program. (Authority: 29 U.S.C. 726(a)) ...


Sec. 361.5(b), the following definitions apply to this subpart: Average hourly earnings means the average per hour earnings in the week prior to exiting the...


standards to evaluate the performance of each DSU that receives funds under this part. The evaluation standards assist the Secretary and each DSU to evaluate a...


what constitutes minimum compliance with the evaluation standards. (b) The performance indicators require a DSU to provide information on a variety of factors to...


of this section establishes performance levels for-- (i) General or combined DSUs; and [[Page 325]] (ii) DSUs serving exclusively individuals who...


DSU report within 60 days after the end of each fiscal year the extent to which the State is in compliance with the evaluation standards and performance indicators and...


established performance levels on both evaluation standards as required by Sec. 361.82(b), the Secretary and the DSU [[Page 328]] must jointly develop a...


Employment Services Program, the Secretary provides grants to assist States in developing and implementing collaborative programs with appropriate entities to provide programs...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR363.2] [Page 329] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 363--THE STATE SUPPORTED EMPLOYMENT SERVICES PROGRAM--Table of Contents Subpart A--General Sec. 363.2 Who is eligible for an award? Any State is eligible for an award under this program. (Authority: 29 U.S.C. 795n) ...


any individual if-- (a) The individual has been determined eligible for vocational rehabilitation services in accordance with the criteria in section 102(a)(1) of...


Under this program, the following activities are authorized: (a) Any particularized assessment that is needed to supplement the comprehensive assessment of rehabilitation...


Services Program: (a) The Education Department General Administrative Regulations (EDGAR) as follows: (1) 34 CFR part 76 (State-Administered Programs). ...


used in this part are defined in 34 CFR 369.4(b): Act Designated State unit Individual with disabilities Individual with severe...


a grant under this part, a State must submit to the Secretary, as part of the State plan under 34 CFR part 361, a State plan supplement that meets the requirements of Sec....


Each State plan supplement must include the following: (a) Designated State agency. Designate the State unit or units for vocational rehabilitation...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR363.20] [Page 333] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 363--THE STATE SUPPORTED EMPLOYMENT SERVICES PROGRAM--Table of Contents Subpart C--How Does the Secretary Make a Grant? Sec. 363.20 How does the Secretary allocate funds? The Secretary allocates funds under this program in accordance with section 632(a) of the Act. (Authority: 29 U.S.C. 795k) ...


[Code of Federal Regulations] [Title 34, Volume 2] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR363.21] [Page 333] TITLE 34--EDUCATION REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION PART 363--THE STATE SUPPORTED EMPLOYMENT SERVICES PROGRAM--Table of Contents Subpart C--How Does the Secretary Make a Grant? Sec. 363.21 How does the Secretary reallocate funds? The Secretary reallocates funds in accordance with section 632(b) of the Act. (Authority: 29 U.S.C. 795k) Subparts D-E [Reserved] ...


(a) A designated State unit must enter into one or more written cooperative agreements or memoranda of understanding with other appropriate [[Page...


Expenditures are allowable for the following administrative costs: (1) Administration of the State plan supplement for this program. (2)...


(a) A State shall collect and report information as required under section 13 of the Act for each individual with the most severe disabilities served under this program. ...


Each grantee shall coordinate the services provided to an individual under this part and under 34 CFR part 361 to ensure that the services are complementary and...


an individual to extended services? A designated State unit must provide for the transition of an individual with the most severe disabilities to extended services...


supported employment? An individual with the most severe disabilities who is receiving supported employment services is considered to [[Page...


must advise applicants for or recipients of services under this part, or as appropriate, the parents, family members, guardians, advocates, or authorized representatives of...


(a) This part includes general requirements applicable to the conduct of the following programs authorized under title VII of the Rehabilitation Act of 1973, as amended: ...




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