cfr_sections
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133 rows where part_number = 361 and title_number = 34 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 34:34:2.1.1.1.7.1.135.1 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | A | Subpart A—General | § 361.1 Purpose. | ED | Under the State Vocational Rehabilitation Services Program, the Secretary provides grants to assist States in operating statewide comprehensive, coordinated, effective, efficient, and accountable vocational rehabilitation programs, each of which is— (a) An integral part of a statewide workforce development system; and (b) Designed to assess, plan, develop, and provide vocational rehabilitation services for individuals with disabilities, consistent with their unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice so that they may prepare for and engage in competitive integrated employment and achieve economic self-sufficiency. | |||||
| 34:34:2.1.1.1.7.1.135.2 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | A | Subpart A—General | § 361.2 Eligibility for a grant. | ED | Any State that submits to the Secretary a vocational rehabilitation services portion of the Unified or Combined State Plan that meets the requirements of section 101(a) of the Act and this part is eligible for a grant under this program. | |||||
| 34:34:2.1.1.1.7.1.135.3 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | A | Subpart A—General | § 361.3 Authorized activities. | ED | The Secretary makes payments to a State to assist in— (a) The costs of providing vocational rehabilitation services under the vocational rehabilitation services portion of the Unified or Combined State Plan; and (b) Administrative costs under the vocational rehabilitation services portion of the Unified or Combined State Plan, including one-stop infrastructure costs. | |||||
| 34:34:2.1.1.1.7.1.135.4 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | A | Subpart A—General | § 361.4 Applicable regulations. | ED | The following regulations apply to this program: (a) The Education Department General Administrative Regulations (EDGAR) as follows: (1) 34 CFR part 76 (State-Administered Programs). (2) 34 CFR part 77 (Definitions that Apply to Department Regulations). (3) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities). (4) 34 CFR part 81 (General Education Provisions Act—Enforcement). (5) 34 CFR part 82 (New Restrictions on Lobbying). (b) The regulations in this part 361. (c) 2 CFR part 190 (OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)) as adopted in 2 CFR part 3485. (d) 2 CFR part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) as adopted in 2 CFR part 3474, except the requirements to accept third-party in-kind contributions to meet cost-sharing or matching requirements, as otherwise authorized under 2 CFR 200.306(b). | |||||
| 34:34:2.1.1.1.7.1.135.5 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | A | Subpart A—General | § 361.5 Applicable definitions. | ED | [81 FR 55741, Aug. 19, 2016, as amended at 82 FR 31913, July 11, 2017] | The following definitions apply to this part: (a) Definitions in EDGAR 77.1. (b) Definitions in 2 CFR part 200, subpart A. (c) The following definitions: (1) Act means the Rehabilitation Act of 1973, as amended (29 U.S.C. 701 et seq. ). (2) Administrative costs under the vocational rehabilitation services portion of the Unified or Combined State Plan means expenditures incurred in the performance of administrative functions under the vocational rehabilitation program carried out under this part, including expenses related to program planning, development, monitoring, and evaluation, including, but not limited to, expenses for— (i) Quality assurance; (ii) Budgeting, accounting, financial management, information systems, and related data processing; (iii) Providing information about the program to the public; (iv) Technical assistance and support services to other State agencies, private nonprofit organizations, and businesses and industries, except for technical assistance and support services described in § 361.49(a)(4); (v) The State Rehabilitation Council and other advisory committees; (vi) Professional organization membership dues for designated State unit employees; (vii) The removal of architectural barriers in State vocational rehabilitation agency offices and State-operated rehabilitation facilities; (viii) Operating and maintaining designated State unit facilities, equipment, and grounds, as well as the infrastructure of the one-stop system; (ix) Supplies; (x) Administration of the comprehensive system of personnel development described in § 361.18, including personnel administration, administration of affirmative action plans, and training and staff development; (xi) Administrative salaries, including clerical and other support staff salaries, in support of these administrative functions; (xii) Travel costs related to carrying out the program, other than travel costs related to the provision of services; (xiii) Costs incurred in conducting reviews of determinations made by personne… | ||||
| 34:34:2.1.1.1.7.2.135.1 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.10 Submission, approval, and disapproval of the State plan. | ED | [81 FR 55741, Aug. 19, 2016, as amended at 81 FR 55779, Aug. 19, 2016] | (a) Purpose. (1) To be eligible to receive funds under this part for a fiscal year, a State must submit, and have approved, a vocational rehabilitation services portion of a Unified or Combined State Plan in accordance with section 102 or 103 of the Workforce Innovation and Opportunity Act. (2) The vocational rehabilitation services portion of the Unified or Combined State Plan must satisfy all requirements set forth in this part. (b) Separate part relating to the vocational rehabilitation of individuals who are blind. If a separate State agency administers or supervises the administration of a separate part of the vocational rehabilitation services portion of the Unified or Combined State Plan relating to the vocational rehabilitation of individuals who are blind, that part of the vocational rehabilitation services portion of the Unified or Combined State Plan must separately conform to all applicable requirements under this part. (c) Public participation. Prior to the adoption of any substantive policies or procedures specific to the provision of vocational rehabilitation services under the vocational rehabilitation services portion of the Unified or Combined State Plan, including making any substantive amendment to those policies and procedures, the designated State agency must conduct public meetings throughout the State, in accordance with the requirements of § 361.20. (d) Submission, approval, disapproval, and duration. All requirements regarding the submission, approval, disapproval, and duration of the vocational rehabilitation services portion of the Unified or Combined State Plan are governed by regulations set forth in subpart D of this part. (e) Submission of policies and procedures. The State is not required to submit policies, procedures, or descriptions required under this part that have been previously submitted to the Secretary and that demonstrate that the State meets the requirements of this part, including any policies, procedures, or descriptions submitted under this part that … | ||||
| 34:34:2.1.1.1.7.2.135.10 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.19 Affirmative action for individuals with disabilities. | ED | The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that the State agency takes affirmative action to employ and advance in employment qualified individuals with disabilities covered under and on the same terms and conditions as stated in section 503 of the Act. | |||||
| 34:34:2.1.1.1.7.2.135.11 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.20 Public participation requirements. | ED | (a) Conduct of public meetings. (1) The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that prior to the adoption of any substantive policies or procedures governing the provision of vocational rehabilitation services under the Unified or Combined State Plan, the designated State agency conducts public meetings throughout the State to provide the public, including individuals with disabilities, an opportunity to comment on the policies or procedures. (2) For purposes of this section, substantive changes to the policies or procedures governing the provision of vocational rehabilitation services that would require the conduct of public meetings are those that directly impact the nature and scope of the services provided to individuals with disabilities, or the manner in which individuals interact with the designated State agency or in matters related to the delivery of vocational rehabilitation services. Examples of substantive changes include, but are not limited to— (i) Any changes to policies or procedures that fundamentally alter the rights and responsibilities of individuals with disabilities in the vocational rehabilitation process; (ii) Organizational changes to the designated State agency or unit that would likely affect the manner in which services are delivered; (iii) Any changes that affect the nature and scope of vocational rehabilitation services provided by the designated State agency or unit; (iv) Changes in formal or informal dispute procedures; (v) The adoption or amendment of policies instituting an order of selection; and (vi) Changes to policies and procedures regarding the financial participation of eligible individuals. (3) Non-substantive, e.g. , administrative changes that would not require the need for public hearings include: (i) Internal procedures that do not directly affect individuals receiving vocational rehabilitation services, such as payment processing or personnel procedures; (ii) Changes to the case management system that… | |||||
| 34:34:2.1.1.1.7.2.135.12 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.21 Consultations regarding the administration of the vocational rehabilitation services portion of the Unified or Combined State plan. | ED | The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that, in connection with matters of general policy arising in the administration of the vocational rehabilitation services portion of the Unified or Combined State Plan, the designated State agency takes into account the views of— (a) Individuals and groups of individuals who are recipients of vocational rehabilitation services or, as appropriate, the individuals' representatives; (b) Personnel working in programs that provide vocational rehabilitation services to individuals with disabilities; (c) Providers of vocational rehabilitation services to individuals with disabilities; (d) The director of the Client Assistance Program; and (e) The State Rehabilitation Council, if the State has a Council. | |||||
| 34:34:2.1.1.1.7.2.135.13 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.22 Coordination with education officials. | ED | (a) Plans, policies, and procedures. (1) The vocational rehabilitation services portion of the Unified or Combined State Plan must contain plans, policies, and procedures for coordination between the designated State agency and education officials responsible for the public education of students with disabilities that are designed to facilitate the transition of students with disabilities from the receipt of educational services, including pre-employment transition services, in school to the receipt of vocational rehabilitation services under the responsibility of the designated State agency. (2) These plans, policies, and procedures in paragraph (a)(1) of this section must provide for the development and approval of an individualized plan for employment in accordance with § 361.45 as early as possible during the transition planning process and not later than the time a student with a disability determined to be eligible for vocational rehabilitation services leaves the school setting or, if the designated State unit is operating under an order of selection, before each eligible student with a disability able to be served under the order leaves the school setting. (b) Formal interagency agreement. The vocational rehabilitation services portion of the Unified or Combined State Plan must include information on a formal interagency agreement with the State educational agency that, at a minimum, provides for— (1) Consultation and technical assistance, which may be provided using alternative means for meeting participation (such as video conferences and conference calls), to assist educational agencies in planning for the transition of students with disabilities from school to post-school activities, including pre-employment transition services and other vocational rehabilitation services; (2) Transition planning by personnel of the designated State agency and educational agency personnel for students with disabilities that facilitates the development and implementation of their individualized education progra… | |||||
| 34:34:2.1.1.1.7.2.135.14 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.23 Requirements related to the statewide workforce development system. | ED | [81 FR 57779, Aug. 19, 2016] | As a required partner in the one-stop service delivery system (which is part of the statewide workforce development system under title I of the Workforce Innovation and Opportunity Act), the designated State unit must satisfy all requirements set forth in regulations in subpart F of this part. | ||||
| 34:34:2.1.1.1.7.2.135.15 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.24 Cooperation and coordination with other entities. | ED | (a) Interagency cooperation. The vocational rehabilitation services portion of the Unified or Combined State Plan must describe the designated State agency's cooperation with and use of the services and facilities of Federal, State, and local agencies and programs, including the State programs carried out under section 4 of the Assistive Technology Act of 1998 (29 U.S.C. 3003), programs carried out by the Under Secretary for Rural Development of the Department of Agriculture, noneducational agencies serving out-of-school youth, and State use contracting programs, to the extent that such Federal, State, and local agencies and programs are not carrying out activities through the statewide workforce development system. (b) Coordination with the Statewide Independent Living Council and independent living centers. The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that the designated State unit, the Statewide Independent Living Council established under title VII, chapter 1, part B of the Act, and the independent living centers established under title VII, Chapter 1, Part C of the Act have developed working relationships and coordinate their activities. (c) Coordination with Employers. The vocational rehabilitation services portion of the Unified or Combined State Plan must describe how the designated State unit will work with employers to identify competitive integrated employment opportunities and career exploration opportunities, in order to facilitate the provision of— (1) Vocational rehabilitation services; and (2) Transition services for youth with disabilities and students with disabilities, such as pre-employment transition services. (d) Cooperative agreement with recipients of grants for services to American Indians —(1) General. In applicable cases, the vocational rehabilitation services portion of the Unified or Combined State Plan must assure that the designated State agency has entered into a formal cooperative agreement with each grant recipient… | |||||
| 34:34:2.1.1.1.7.2.135.16 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.25 Statewideness. | ED | The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that services provided under the vocational rehabilitation services portion of the Unified or Combined State Plan will be available in all political subdivisions of the State, unless a waiver of statewideness is requested and approved in accordance with § 361.26. | |||||
| 34:34:2.1.1.1.7.2.135.17 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.26 Waiver of statewideness. | ED | (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 that are available statewide under the vocational rehabilitation services portion of the Unified or Combined State Plan if— (1) The non-Federal share of the cost of these services is met from funds provided by a local public agency, including funds contributed to a local public agency by a private agency, organization, or individual; (2) The services are likely to promote the vocational rehabilitation of substantially larger numbers of individuals with disabilities or of individuals with disabilities with particular types of impairments; and (3) For purposes other than those specified in § 361.60(b)(3)(i) and consistent with the requirements in § 361.60(b)(3)(ii), the State includes in its vocational rehabilitation services portion of the Unified or Combined State Plan, and the Secretary approves, a waiver of the statewideness requirement, in accordance with the requirements of paragraph (b) of this section. (b) Request for waiver. The request for a waiver of statewideness must— (1) Identify the types of services to be provided; (2) Contain a written assurance from the local public agency that it will make available to the State unit the non-Federal share of funds; (3) Contain a written assurance that State unit approval will be obtained for each proposed service before it is put into effect; and (4) Contain a written assurance that all other requirements of the vocational rehabilitation services portion of the Unified or Combined State Plan, including a State's order of selection requirements, will apply to all services approved under the waiver. | |||||
| 34:34:2.1.1.1.7.2.135.18 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.27 Shared funding and administration of joint programs. | ED | (a) If the vocational rehabilitation services portion of the Unified or Combined State Plan provides for the designated State agency to share funding and administrative responsibility with another State agency or local public agency to carry out a joint program to provide services to individuals with disabilities, the State must submit to the Secretary for approval a plan that describes its shared funding and administrative arrangement. (b) The plan under paragraph (a) of this section must include— (1) A description of the nature and scope of the joint program; (2) The services to be provided under the joint program; (3) The respective roles of each participating agency in the administration and provision of services; and (4) The share of the costs to be assumed by each agency. (c) If a proposed joint program does not comply with the statewideness requirement in § 361.25, the State unit must obtain a waiver of statewideness, in accordance with § 361.26. | |||||
| 34:34:2.1.1.1.7.2.135.19 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.28 Third-party cooperative arrangements involving funds from other public agencies. | ED | (a) The designated State unit may enter into a third-party cooperative arrangement for providing or contracting for the provision of vocational rehabilitation services with another State agency or a local public agency that is providing part or all of the non-Federal share in accordance with paragraph (c) of this section, if the designated State unit ensures that— (1) The services provided by the cooperating agency are not the customary or typical services provided by that agency but are new services that have a vocational rehabilitation focus or existing services that have been modified, adapted, expanded, or reconfigured to have a vocational rehabilitation focus; (2) The services provided by the cooperating agency are only available to applicants for, or recipients of, services from the designated State unit; (3) Program expenditures and staff providing services under the cooperative arrangement are under the administrative supervision of the designated State unit; and (4) All requirements of the vocational rehabilitation services portion of the Unified or Combined State Plan, including a State's order of selection, will apply to all services provided under the cooperative arrangement. (b) If a third party cooperative arrangement does not comply with the statewideness requirement in § 361.25, the State unit must obtain a waiver of statewideness, in accordance with § 361.26. (c) The cooperating agency's contribution toward the non-Federal share required under the arrangement, as set forth in paragraph (a) of this section, may be made through: (1) Cash transfers to the designated State unit; (2) Certified personnel expenditures for the time cooperating agency staff spent providing direct vocational rehabilitation services pursuant to a third-party cooperative arrangement that meets the requirements of this section. Certified personnel expenditures may include the allocable portion of staff salary and fringe benefits based upon the amount of time cooperating agency staff directly spent providing services u… | |||||
| 34:34:2.1.1.1.7.2.135.2 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.11 Withholding of funds. | ED | (a) Basis for withholding. The Secretary may withhold or limit payments under section 111 or 603(a) of the Act, as provided by section 107(c) of the Act, if the Secretary determines that— (1) The vocational rehabilitation services portion of the Unified or Combined State Plan, including the supported employment supplement, has been so changed that it no longer conforms with the requirements of this part or part 363; or (2) In the administration of the vocational rehabilitation services portion of the Unified or Combined State Plan there is a failure to comply substantially with any provision of such plan or with an evaluation standard or performance indicator established under section 106 of the Act. (b) Informal resolution. Prior to withholding or limiting payments in accordance with this section, the Secretary attempts to resolve disputed issues informally with State officials. (c) Notice. If, after reasonable effort has been made to resolve the dispute, no resolution has been reached, the Secretary provides notice to the State agency of the intention to withhold or limit payments and of the opportunity for a hearing. (d) Withholding hearing. If the State agency requests a hearing, the Secretary designates one or more individuals, either from the Department or elsewhere, not responsible for or connected with the administration of this program, to conduct a hearing in accordance with the provisions of 34 CFR part 81, subpart A. (e) Initial decision. The hearing officer issues an initial decision in accordance with 34 CFR 81.41. (f) Petition for review of an initial decision. The State agency may seek the Secretary's review of the initial decision in accordance with 34 CFR 81.42. (g) Review by the Secretary. The Secretary reviews the initial decision in accordance with 34 CFR 81.43. (h) Final decision of the Department. The final decision of the Department is made in accordance with 34 CFR 81.44. (i) Judicial review. A State may appeal the Secretary's decision to withhold or limit paym… | |||||
| 34:34:2.1.1.1.7.2.135.20 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.29 Statewide assessment; annual estimates; annual State goals and priorities; strategies; and progress reports. | ED | (a) Comprehensive statewide assessment. (1) The vocational rehabilitation services portion of the Unified or Combined State Plan must include— (i) The results of a comprehensive, statewide assessment, jointly conducted by the designated State unit and the State Rehabilitation Council (if the State unit has a Council) every three years. Results of the assessment are to be included in the vocational rehabilitation portion of the Unified or Combined State Plan, submitted in accordance with the requirements of § 361.10(a) and the joint regulations of this part. The comprehensive needs assessment must describe the rehabilitation needs of individuals with disabilities residing within the State, particularly the vocational rehabilitation services needs of— (A) Individuals with the most significant disabilities, including their need for supported employment services; (B) Individuals with disabilities who are minorities and individuals with disabilities who have been unserved or underserved by the vocational rehabilitation program carried out under this part; (C) Individuals with disabilities served through other components of the statewide workforce development system as identified by those individuals and personnel assisting those individuals through the components of the system; and (D) Youth with disabilities, and students with disabilities, including ( 1 ) Their need for pre-employment transition services or other transition services; and ( 2 ) An assessment of the needs of individuals with disabilities for transition services and pre-employment transition services, and the extent to which such services provided under this part are coordinated with transition services provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq. ) in order to meet the needs of individuals with disabilities. (ii) An assessment of the need to establish, develop, or improve community rehabilitation programs within the State. (2) The vocational rehabilitation services portion of the Unified or Combine… | |||||
| 34:34:2.1.1.1.7.2.135.21 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.30 Services to American Indians. | ED | The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that the designated State agency provides vocational rehabilitation services to American Indians who are individuals with disabilities residing in the State to the same extent as the designated State agency provides vocational rehabilitation services to other significant populations of individuals with disabilities residing in the State. | |||||
| 34:34:2.1.1.1.7.2.135.22 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.31 Cooperative agreements with private nonprofit organizations. | ED | The vocational rehabilitation services portion of the Unified or Combined State Plan must describe the manner in which cooperative agreements with private nonprofit vocational rehabilitation service providers will be established. | |||||
| 34:34:2.1.1.1.7.2.135.23 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.32 Provision of training and services for employers. | ED | The designated State unit may expend payments received under this part to educate and provide services to employers who have hired or are interested in hiring individuals with disabilities under the vocational rehabilitation program, including— (a) Providing training and technical assistance to employers regarding the employment of individuals with disabilities, including disability awareness, and the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq. ) and other employment-related laws; (b) Working with employers to— (1) Provide opportunities for work-based learning experiences (including internships, short-term employment, apprenticeships, and fellowships); (2) Provide opportunities for pre-employment transition services, in accordance with the requirements under § 361.48(a); (3) Recruit qualified applicants who are individuals with disabilities; (4) Train employees who are individuals with disabilities; and (5) Promote awareness of disability-related obstacles to continued employment. (c) Providing consultation, technical assistance, and support to employers on workplace accommodations, assistive technology, and facilities and workplace access through collaboration with community partners and employers, across States and nationally, to enable the employers to recruit, job match, hire, and retain qualified individuals with disabilities who are recipients of vocational rehabilitation services under this part, or who are applicants for such services; and (d) Assisting employers with utilizing available financial support for hiring or accommodating individuals with disabilities. | |||||
| 34:34:2.1.1.1.7.2.135.24 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.33 [Reserved] | ED | ||||||
| 34:34:2.1.1.1.7.2.135.25 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.34 Supported employment State plan supplement. | ED | (a) The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that the State has an acceptable plan under part 363 of this chapter that provides for the use of funds under that part to supplement funds under this part for the cost of services leading to supported employment. (b) The supported employment plan, including any needed revisions, must be submitted as a supplement to the vocational rehabilitation services portion of the Unified or Combined State Plan submitted under this part. | |||||
| 34:34:2.1.1.1.7.2.135.26 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.35 Innovation and expansion activities. | ED | (a) The vocational rehabilitation services portion of the Unified or Combined 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— (1) For the development and implementation of innovative approaches to expand and improve the provision of vocational rehabilitation services to individuals with disabilities, particularly individuals with the most significant disabilities, including transition services for students and youth with disabilities and pre-employment transition services for students with disabilities, consistent with the findings of the comprehensive statewide assessment of the rehabilitation needs of individuals with disabilities under § 361.29(a) and the State's goals and priorities under § 361.29(c); (2) To support the funding of the State Rehabilitation Council, if the State has a Council, consistent with the resource plan identified in § 361.17(i); and (3) To support the funding of the Statewide Independent Living Council, consistent with the Statewide Independent Living Council resource plan prepared under Section 705(e)(1) of the Act. (b) The vocational rehabilitation services portion of the Unified or Combined State Plan must— (1) Describe how the reserved funds will be used; and (2) Include a report describing how the reserved funds were used. | |||||
| 34:34:2.1.1.1.7.2.135.27 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.36 Ability to serve all eligible individuals; order of selection for services. | ED | (a) General provisions —(1) The designated State unit either must be able to provide the full range of services listed in section 103(a) of the Act and § 361.48, as appropriate, to all eligible individuals or, in the event that vocational rehabilitation services cannot be provided to all eligible individuals in the State who apply for the services, include in the vocational rehabilitation services portion of the Unified or Combined State Plan the order to be followed in selecting eligible individuals to be provided vocational rehabilitation services. (2) The ability of the designated State unit to provide the full range of vocational rehabilitation services to all eligible individuals must be supported by a determination that satisfies the requirements of paragraph (b) or (c) of this section and a determination that, on the basis of the designated State unit's projected fiscal and personnel resources and its assessment of the rehabilitation needs of individuals with significant disabilities within the State, it can— (i) Continue to provide services to all individuals currently receiving services; (ii) Provide assessment services to all individuals expected to apply for services in the next fiscal year; (iii) Provide services to all individuals who are expected to be determined eligible in the next fiscal year; and (iv) Meet all program requirements. (3) If the designated State unit is unable to provide the full range of vocational rehabilitation services to all eligible individuals in the State who apply for the services, the vocational rehabilitation services portion of the Unified or Combined State Plan must— (i) Show the order to be followed in selecting eligible individuals to be provided vocational rehabilitation services; (ii) Provide a justification for the order of selection; (iii) Identify service and outcome goals and the time within which the goals may be achieved for individuals in each priority category within the order, as required under § 361.29(c)(5); (iv) Assure that— (A) In accordanc… | |||||
| 34:34:2.1.1.1.7.2.135.28 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.37 Information and referral programs. | ED | (a) General provisions. The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that— (1) The designated State agency will implement an information and referral system adequate to ensure that individuals with disabilities, including eligible individuals who do not meet the agency's order of selection criteria for receiving vocational rehabilitation services if the agency is operating on an order of selection, are provided accurate vocational rehabilitation information and guidance (which may include counseling and referral for job placement) using appropriate modes of communication to assist them in preparing for, securing, retaining, advancing in, or regaining employment; and (2) The designated State agency will refer individuals with disabilities to other appropriate Federal and State programs, including other components of the statewide workforce development system. (b) The designated State unit must refer to appropriate programs and service providers best suited to address the specific rehabilitation, independent living and employment needs of an individual with a disability who makes an informed choice not to pursue an employment outcome under the vocational rehabilitation program, as defined in § 361.5(c)(15). Before making the referral required by this paragraph, the State unit must— (1) Consistent with § 361.42(a)(4)(i), explain to the individual that the purpose of the vocational rehabilitation program is to assist individuals to achieve an employment outcome as defined in § 361.5(c)(15); (2) Consistent with § 361.52, provide the individual with information concerning the availability of employment options, and of vocational rehabilitation services, to assist the individual to achieve an appropriate employment outcome; (3) Inform the individual that services under the vocational rehabilitation program can be provided to eligible individuals in an extended employment setting if necessary for purposes of training or otherwise preparing for employment in an i… | |||||
| 34:34:2.1.1.1.7.2.135.29 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.38 Protection, use, and release of personal information. | ED | (a) General provisions. (1) The State agency and the State unit must adopt and implement written policies and procedures to safeguard the confidentiality of all personal information, including photographs and lists of names. These policies and procedures must ensure that— (i) Specific safeguards are established to protect current and stored personal information, including a requirement that data only be released when governed by a written agreement between the designated State unit and receiving entity under paragraphs (d) and (e)(1) of this section, which addresses the requirements in this section; (ii) All applicants and recipients of services and, as appropriate, those individuals' representatives, service providers, cooperating agencies, and interested persons are informed through appropriate modes of communication of the confidentiality of personal information and the conditions for accessing and releasing this information; (iii) All applicants and recipients of services or their representatives are informed about the State unit's need to collect personal information and the policies governing its use, including— (A) Identification of the authority under which information is collected; (B) Explanation of the principal purposes for which the State unit intends to use or release the information; (C) Explanation of whether providing requested information to the State unit is mandatory or voluntary and the effects of not providing requested information; (D) Identification of those situations in which the State unit requires or does not require informed written consent of the individual before information may be released; and (E) Identification of other agencies to which information is routinely released; (iv) An explanation of State policies and procedures affecting personal information will be provided to each individual in that individual's native language or through the appropriate mode of communication; and (v) These policies and procedures provide no fewer protections for individuals than State … | |||||
| 34:34:2.1.1.1.7.2.135.3 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.12 Methods of administration. | ED | The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that the State agency, and the designated State unit if applicable, employs methods of administration found necessary by the Secretary for the proper and efficient administration of the plan and for carrying out all functions for which the State is responsible under the plan and this part. These methods must include procedures to ensure accurate data collection and financial accountability. | |||||
| 34:34:2.1.1.1.7.2.135.30 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.39 State-imposed requirements. | ED | The designated State unit must, upon request, identify those regulations and policies relating to the administration or operation of its vocational rehabilitation program that are State-imposed, including any regulations or policy based on State interpretation of any Federal law, regulation, or guideline. | |||||
| 34:34:2.1.1.1.7.2.135.31 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.40 Reports; Evaluation standards and performance indicators. | ED | [81 FR 55741, Aug. 19, 2016, as amended at 81 FR 55780, Aug. 19, 2016] | (a) Reports. (1) The vocational rehabilitation services portion of the Unified or Combined 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— (i) In the form and level of detail and at the time required by the Secretary regarding applicants for and eligible individuals receiving services, including students receiving pre-employment transition services in accordance with § 361.48(a); and (ii) In a manner that provides a complete count (other than the information obtained through sampling consistent with section 101(a)(10)(E) of the Act) of the applicants and eligible individuals to— (A) Permit the greatest possible cross-classification of data; and (B) Protect the confidentiality of the identity of each individual. (2) The designated State agency must comply with any requirements necessary to ensure the accuracy and verification of those reports. (b) Evaluation standards and performance indicators —(1) Standards and indicators. The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this part are subject to the performance accountability provisions described in section 116(b) of the Workforce Innovation and Opportunity Act and implemented in regulations set forth in subpart E of this part. (2) Compliance. A State's compliance with common performance measures and any necessary corrective actions will be determined in accordance with regulations set forth in subpart E of this part. | ||||
| 34:34:2.1.1.1.7.2.135.4 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.13 State agency for administration. | ED | (a) Designation of State agency. The vocational rehabilitation services portion of the Unified or Combined State Plan must designate a State agency as the sole State agency to administer the vocational rehabilitation services portion of the Unified or Combined State Plan, or to supervise its administration in a political subdivision of the State by a sole local agency, in accordance with the following requirements: (1) General. Except as provided in paragraphs (a)(2) and (3) of this section, the vocational rehabilitation services portion of the Unified or Combined State Plan must provide that the designated State agency is one of the following types of agencies: (i) A State agency that is primarily concerned with vocational rehabilitation or vocational and other rehabilitation of individuals with disabilities; or (ii) A State agency that includes a vocational rehabilitation unit as provided in paragraph (b) of this section. (2) American Samoa. In the case of American Samoa, the vocational rehabilitation services portion of the Unified or Combined State Plan must designate the Governor. (3) Designated State agency for individuals who are blind. If a State commission or other agency that provides assistance or services to individuals who are blind is authorized under State law to provide vocational rehabilitation services to individuals who are blind, and this commission or agency is primarily concerned with vocational rehabilitation or includes a vocational rehabilitation unit as provided in paragraph (b) of this section, the vocational rehabilitation services portion of the Unified or Combined State Plan may designate that agency as the sole State agency to administer the part of the plan under which vocational rehabilitation services are provided for individuals who are blind or to supervise its administration in a political subdivision of the State by a sole local agency. (b) Designation of State unit —(1) General. If the designated State agency is not of the type specified in paragraph (a)(1)(… | |||||
| 34:34:2.1.1.1.7.2.135.5 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.14 Substitute State agency. | ED | (a) General provisions. (1) If the Secretary has withheld all funding from a State under § 361.11, the State may designate another agency to substitute for the designated State agency in carrying out the State's program of vocational rehabilitation services. (2) Any public or nonprofit private organization or agency within the State or any political subdivision of the State is eligible to be a substitute agency. (3) The substitute agency must submit a vocational rehabilitation services portion of the Unified or Combined State Plan that meets the requirements of this part. (4) The Secretary makes no grant to a substitute agency until the Secretary approves its plan. (b) Substitute agency matching share. The Secretary does not make any payment to a substitute agency unless it has provided assurances that it will contribute the same matching share as the State would have been required to contribute if the State agency were carrying out the vocational rehabilitation program. | |||||
| 34:34:2.1.1.1.7.2.135.6 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.15 Local administration. | ED | (a) If the vocational rehabilitation services portion of the Unified or Combined 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 under the supervision of the designated State unit and is the sole local agency as defined in § 361.5(c)(47) that is responsible for the administration of the program within the political subdivision that it serves; and (2) Develop methods that each local agency will use to administer the vocational rehabilitation program, in accordance with the vocational rehabilitation services portion of the Unified or Combined State Plan. (b) A separate local agency serving individuals who are blind may administer that part of the plan relating to vocational rehabilitation of individuals who are blind, under the supervision of the designated State unit for individuals who are blind. | |||||
| 34:34:2.1.1.1.7.2.135.7 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.16 Establishment of an independent commission or a State Rehabilitation Council. | ED | (a) General requirement. Except as provided in paragraph (b) of this section, the vocational rehabilitation services portion of the Unified or Combined State Plan must contain one of the following two assurances: (1) An assurance that the designated State agency is an independent State commission that— (i) Is responsible under State law for operating, or overseeing the operation of, the vocational rehabilitation program in the State and is primarily concerned with vocational rehabilitation or vocational and other rehabilitation services, in accordance with § 361.13(a)(1)(i); (ii) Is consumer-controlled by persons who— (A) Are individuals with physical or mental impairments that substantially limit major life activities; and (B) Represent individuals with a broad range of disabilities, unless the designated State unit under the direction of the commission is the State agency for individuals who are blind; (iii) Includes family members, advocates, or other representatives of individuals with mental impairments; and (iv) Conducts the functions identified in § 361.17(h)(4). (2) An assurance that— (i) The State has established a State Rehabilitation Council (Council) that meets the requirements of § 361.17; (ii) The designated State unit, in accordance with § 361.29, jointly develops, agrees to, and reviews annually State goals and priorities and jointly submits to the Secretary annual reports of progress with the Council; (iii) The designated State unit regularly consults with the Council regarding the development, implementation, and revision of State policies and procedures of general applicability pertaining to the provision of vocational rehabilitation services; (iv) The designated State unit transmits to the Council— (A) All plans, reports, and other information required under this part to be submitted to the Secretary; (B) All policies and information on all practices and procedures of general applicability provided to or used by rehabilitation personnel providing vocational rehabilitation servi… | |||||
| 34:34:2.1.1.1.7.2.135.8 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.17 Requirements for a State Rehabilitation Council. | ED | If the State has established a Council under § 361.16(a)(2) or (b), the Council must meet the following requirements: (a) Appointment. (1) The members of the Council must be appointed by the Governor or, in the case of a State that, under State law, vests authority for the administration of the activities carried out under this part in an entity other than the Governor (such as one or more houses of the State legislature or an independent board), the chief officer of that entity. (2) The appointing authority must select members of the Council after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities. In selecting members, the appointing authority must consider, to the greatest extent practicable, the extent to which minority populations are represented on the Council. (b) Composition —(1) General. Except as provided in paragraph (b)(3) of this section, the Council must be composed of at least 15 members, including— (i) At least one representative of the Statewide Independent Living Council, who must be the chairperson or other designee of the Statewide Independent Living Council; (ii) At least one representative of a parent training and information center established pursuant to section 682(a) of the Individuals with Disabilities Education Act; (iii) At least one representative of the Client Assistance Program established under part 370 of this chapter, who must be the director of or other individual recommended by the Client Assistance Program; (iv) At least one qualified vocational rehabilitation counselor with knowledge of and experience with vocational rehabilitation programs who serves as an ex officio, nonvoting member of the Council if employed by the designated State agency; (v) At least one representative of community rehabilitation program service providers; (vi) Four representatives of business, industry, and labor; (vii) Representatives of disability gro… | |||||
| 34:34:2.1.1.1.7.2.135.9 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.18 Comprehensive system of personnel development. | ED | The vocational rehabilitation services portion of the Unified or Combined State Plan must describe the procedures and activities the State agency will undertake to establish and maintain a comprehensive system of personnel development designed to ensure an adequate supply of qualified rehabilitation personnel, including professionals and paraprofessionals, for the designated State unit. If the State agency has a State Rehabilitation Council, this description must, at a minimum, specify that the Council has an opportunity to review and comment on the development of plans, policies, and procedures necessary to meet the requirements of paragraphs (b) through (d) of this section. This description must also conform with the following requirements: (a) Personnel and personnel development data system. The vocational rehabilitation services portion of the Unified or Combined State Plan must describe the development and maintenance of a system by the State agency for collecting and analyzing on an annual basis data on qualified personnel needs and personnel development, in accordance with the following requirements: (1) Data on qualified personnel needs must include— (i) The number of personnel who are employed by the State agency in the provision of vocational rehabilitation services in relation to the number of individuals served, broken down by personnel category; (ii) The number of personnel currently needed by the State agency to provide vocational rehabilitation services, broken down by personnel category; and (iii) Projections of the number of personnel, broken down by personnel category, who will be needed by the State agency to provide vocational rehabilitation services in the State in five years based on projections of the number of individuals to be served, including individuals with significant disabilities, the number of personnel expected to retire or leave the field, and other relevant factors. (2) Data on personnel development must include— (i) A list of the institutions of higher education in the… | |||||
| 34:34:2.1.1.1.7.2.136.32 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.41 Processing referrals and applications. | ED | (a) Referrals. The designated State unit must establish and implement standards for the prompt and equitable handling of referrals of individuals for vocational rehabilitation services, including referrals of individuals made through the one-stop service delivery systems under section 121 of the Workforce Innovation and Opportunity Act. The standards must include timelines for making good faith efforts to inform these individuals of application requirements and to gather information necessary to initiate an assessment for determining eligibility and priority for services. (b) Applications. (1) Once an individual has submitted an application for vocational rehabilitation services, including applications made through common intake procedures in one-stop centers under section 121 of the Workforce Innovation and Opportunity Act, an eligibility determination must be made within 60 days, unless— (i) Exceptional and unforeseen circumstances beyond the control of the designated State unit preclude making an eligibility determination within 60 days and the designated State unit and the individual agree to a specific extension of time; or (ii) An exploration of the individual's abilities, capabilities, and capacity to perform in work situations is carried out in accordance with § 361.42(e). (2) An individual is considered to have submitted an application when the individual or the individual's representative, as appropriate— (i)(A) Has completed and signed an agency application form; (B) Has completed a common intake application form in a one-stop center requesting vocational rehabilitation services; or (C) Has otherwise requested services from the designated State unit; (ii) Has provided to the designated State unit information necessary to initiate an assessment to determine eligibility and priority for services; and (iii) Is available to complete the assessment process. (3) The designated State unit must ensure that its application forms are widely available throughout the State, particularly in the one-st… | |||||
| 34:34:2.1.1.1.7.2.136.33 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.42 Assessment for determining eligibility and priority for services. | ED | In order to determine whether an individual is eligible for vocational rehabilitation services and the individual's priority under an order of selection for services (if the State is operating under an order of selection), the designated State unit must conduct an assessment for determining eligibility and priority for services. The assessment must be conducted in the most integrated setting possible, consistent with the individual's needs and informed choice, and in accordance with the following provisions: (a) Eligibility requirements —(1) Basic requirements. The designated State unit's determination of an applicant's eligibility for vocational rehabilitation services must be based only on the following requirements: (i) A determination by qualified personnel that the applicant has a physical or mental impairment; (ii) A determination by qualified personnel that the applicant's physical or mental impairment constitutes or results in a substantial impediment to employment for the applicant; and (iii) A determination by a qualified vocational rehabilitation counselor employed by the designated State unit that the applicant requires vocational rehabilitation services to prepare for, secure, retain, advance in, or regain employment that is consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interest, and informed choice. For purposes of an assessment for determining eligibility and vocational rehabilitation needs under this part, an individual is presumed to have a goal of an employment outcome. (2) Presumption of benefit. The designated State unit must presume that an applicant who meets the eligibility requirements in paragraphs (a)(1)(i) and (ii) of this section can benefit in terms of an employment outcome. (3) Presumption of eligibility for Social Security recipients and beneficiaries. (i) Any applicant who has been determined eligible for Social Security benefits under title II or title XVI of the Social Security Act is— (A) Presumed eligi… | |||||
| 34:34:2.1.1.1.7.2.136.34 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.43 Procedures for ineligibility determination. | ED | If the State unit determines that an applicant is ineligible for vocational rehabilitation services or determines that an individual receiving services under an individualized plan for employment is no longer eligible for services, the State unit must— (a) Make the determination only after providing an opportunity for full consultation with the individual or, as appropriate, with the individual's representative; (b) Inform the individual in writing, supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the individual, of the ineligibility determination, including the reasons for that determination, the requirements under this section, and the means by which the individual may express and seek remedy for any dissatisfaction, including the procedures for review of State unit personnel determinations in accordance with § 361.57; (c) Provide the individual with a description of services available from a client assistance program established under 34 CFR part 370 and information on how to contact that program; (d) Refer the individual— (1) To other programs that are part of the one-stop service delivery system under the Workforce Innovation and Opportunity Act that can address the individual's training or employment-related needs; or (2) To Federal, State, or local programs or service providers, including, as appropriate, independent living programs and extended employment providers, best suited to meet their rehabilitation needs, if the ineligibility determination is based on a finding that the individual has chosen not to pursue, or is incapable of achieving, an employment outcome as defined in § 361.5(c)(15). (e) Review within 12 months and annually thereafter if requested by the individual or, if appropriate, by the individual's representative any ineligibility determination that is based on a finding that the individual is incapable of achieving an employment outcome. This review need not be conducted in situations in which the individual has refused i… | |||||
| 34:34:2.1.1.1.7.2.136.35 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.44 Closure without eligibility determination. | ED | The designated State unit may not close an applicant's record of services prior to making an eligibility determination unless the applicant declines to participate in, or is unavailable to complete, an assessment for determining eligibility and priority for services, and the State unit has made a reasonable number of attempts to contact the applicant or, if appropriate, the applicant's representative to encourage the applicant's participation. | |||||
| 34:34:2.1.1.1.7.2.136.36 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.45 Development of the individualized plan for employment. | ED | (a) General requirements. The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that— (1) An individualized plan for employment meeting the requirements of this section and § 361.46 is developed and implemented in a timely manner for each individual determined to be eligible for vocational rehabilitation services or, if the designated State unit is operating under an order of selection in accordance with § 361.36, for each eligible individual to whom the State unit is able to provide services; and (2) Services will be provided in accordance with the provisions of the individualized plan for employment. (b) Purpose. (1) The designated State unit must conduct an assessment for determining vocational rehabilitation needs, if appropriate, for each eligible individual or, if the State is operating under an order of selection, for each eligible individual to whom the State is able to provide services. The purpose of this assessment is to determine the employment outcome, and the nature and scope of vocational rehabilitation services to be included in the individualized plan for employment. (2) The individualized plan for employment must be designed to achieve a specific employment outcome, as defined in § 361.5(c)(15), that is selected by the individual consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. (c) Required information. The State unit must provide the following information to each eligible individual or, as appropriate, the individual's representative, in writing and, if appropriate, in the native language or mode of communication of the individual or the individual's representative: (1) Options for developing an individualized plan for employment. Information on the available options for developing the individualized plan for employment, including the option that an eligible individual or, as appropriate, the individual's representative may develop all or part of t… | |||||
| 34:34:2.1.1.1.7.2.136.37 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.46 Content of the individualized plan for employment. | ED | (a) Mandatory components. Regardless of the approach in § 361.45(c)(1) that an eligible individual selects for purposes of developing the individualized plan for employment, each individualized plan for employment must— (1) Include a description of the specific employment outcome, as defined in § 361.5(c)(15), that is chosen by the eligible individual and is consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, career interests, and informed choice consistent with the general goal of competitive integrated employment (except that in the case of an eligible individual who is a student or a youth with a disability, the description may be a description of the individual's projected post-school employment outcome); (2) Include a description under § 361.48 of— (i) These specific rehabilitation services needed to achieve the employment outcome, including, as appropriate, the provision of assistive technology devices, assistive technology services, and personal assistance services, including training in the management of those services; and (ii) In the case of a plan for an eligible individual that is a student or youth with a disability, the specific transition services and supports needed to achieve the individual's employment outcome or projected post-school employment outcome. (3) Provide for services in the most integrated setting that is appropriate for the services involved and is consistent with the informed choice of the eligible individual; (4) Include timelines for the achievement of the employment outcome and for the initiation of services; (5) Include a description of the entity or entities chosen by the eligible individual or, as appropriate, the individual's representative that will provide the vocational rehabilitation services and the methods used to procure those services; (6) Include a description of the criteria that will be used to evaluate progress toward achievement of the employment outcome; and (7) Include the terms and conditions… | |||||
| 34:34:2.1.1.1.7.2.136.38 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.47 Record of services. | ED | (a) The designated State unit must maintain for each applicant and eligible individual a record of services that includes, to the extent pertinent, the following documentation: (1) If an applicant has been determined to be an eligible individual, documentation supporting that determination in accordance with the requirements under § 361.42. (2) If an applicant or eligible individual receiving services under an individualized plan for employment has been determined to be ineligible, documentation supporting that determination in accordance with the requirements under § 361.43. (3) Documentation that describes the justification for closing an applicant's or eligible individual's record of services if that closure is based on reasons other than ineligibility, including, as appropriate, documentation indicating that the State unit has satisfied the requirements in § 361.44. (4) If an individual has been determined to be an individual with a significant disability or an individual with a most significant disability, documentation supporting that determination. (5) If an individual with a significant disability requires an exploration of abilities, capabilities, and capacity to perform in realistic work situations through the use of trial work experiences to determine whether the individual is an eligible individual, documentation supporting the need for, and the plan relating to, that exploration and documentation regarding the periodic assessments carried out during the trial work experiences in accordance with the requirements under § 361.42(e). (6) The individualized plan for employment, and any amendments to the individualized plan for employment, consistent with the requirements under § 361.46. (7) Documentation describing the extent to which the applicant or eligible individual exercised informed choice regarding the provision of assessment services and the extent to which the eligible individual exercised informed choice in the development of the individualized plan for employment with respect to the sel… | |||||
| 34:34:2.1.1.1.7.2.136.39 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.48 Scope of vocational rehabilitation services for individuals with disabilities. | ED | (a) Pre-employment transition services. Each State must ensure that the designated State unit, in collaboration with the local educational agencies involved, provide, or arrange for the provision of, pre-employment transition services for all students with disabilities, as defined in § 361.5(c)(51), in need of such services, without regard to the type of disability, from Federal funds reserved in accordance with § 361.65, and any funds made available from State, local, or private funding sources. Funds reserved and made available may be used for the required, authorized, and pre-employment transition coordination activities under paragraphs (2), (3) and (4) of this section. (1) Availability of services. Pre-employment transition services must be made available Statewide to all students with disabilities, regardless of whether the student has applied or been determined eligible for vocational rehabilitation services. (2) Required activities. The designated State unit must provide the following pre-employment transition services: (i) Job exploration counseling; (ii) Work-based learning experiences, which may include in-school or after school opportunities, or experience outside the traditional school setting (including internships), that is provided in an integrated environment in the community to the maximum extent possible; (iii) Counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education; (iv) Workplace readiness training to develop social skills and independent living; and (v) Instruction in self-advocacy (including instruction in person-centered planning), which may include peer mentoring (including peer mentoring from individuals with disabilities working in competitive integrated employment). (3) Authorized activities. Funds available and remaining after the provision of the required activities described in paragraph (a)(2) of this section may be used to improve the transition of students with disabilities fr… | |||||
| 34:34:2.1.1.1.7.2.136.40 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.49 Scope of vocational rehabilitation services for groups of individuals with disabilities. | ED | (a) The designated State unit may provide for the following vocational rehabilitation services for the benefit of groups of individuals with disabilities: (1) The establishment, development, or improvement of a public or other nonprofit community rehabilitation program that is used to provide vocational rehabilitation services that promote integration into the community and prepare individuals with disabilities for competitive integrated employment, including supported employment and customized employment, and under special circumstances, the construction of a facility for a public or nonprofit community rehabilitation program as defined in §§ 361.5(c)(10), 361.5(c)(16) and 361.5(c)(17). Examples of special circumstances include the destruction by natural disaster of the only available center serving an area or a State determination that construction is necessary in a rural area because no other public agencies or private nonprofit organizations are currently able to provide vocational rehabilitation services to individuals. (2) Telecommunications systems that have the potential for substantially improving vocational rehabilitation service delivery methods and developing appropriate programming to meet the particular needs of individuals with disabilities, including telephone, television, video description services, satellite, tactile-vibratory devices, and similar systems, as appropriate. (3) Special services to provide nonvisual access to information for individuals who are blind, including the use of telecommunications, Braille, sound recordings, or other appropriate media; captioned television, films, or video cassettes for individuals who are deaf or hard of hearing; tactile materials for individuals who are deaf-blind; and other special services that provide information through tactile, vibratory, auditory, and visual media. (4) Technical assistance to businesses that are seeking to employ individuals with disabilities. (5) In the case of any small business enterprise operated by individuals with signi… | |||||
| 34:34:2.1.1.1.7.2.136.41 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.50 Written policies governing the provision of services for individuals with disabilities. | ED | (a) Policies. The State unit must develop and maintain written policies covering the nature and scope of each of the vocational rehabilitation services specified in § 361.48 and the criteria under which each service is provided. The policies must ensure that the provision of services is based on the rehabilitation needs of each individual as identified in that individual's individualized plan for employment and is consistent with the individual's informed choice. The written policies may not establish any arbitrary limits on the nature and scope of vocational rehabilitation services to be provided to the individual to achieve an employment outcome. The policies must be developed in accordance with the following provisions: (b) Out-of-State services. (1) The State unit may establish a preference for in-State services, provided that the preference does not effectively deny an individual a necessary service. If the individual chooses an out-of-State service at a higher cost than an in-State service, if either service would meet the individual's rehabilitation needs, the designated State unit is not responsible for those costs in excess of the cost of the in-State service. (2) The State unit may not establish policies that effectively prohibit the provision of out-of-State services. (c) Payment for services. (1) The State unit must establish and maintain written policies to govern the rates of payment for all purchased vocational rehabilitation services. (2) The State unit may establish a fee schedule designed to ensure a reasonable cost to the program for each service, if the schedule is— (i) Not so low as to effectively deny an individual a necessary service; and (ii) Not absolute and permits exceptions so that individual needs can be addressed. (3) The State unit may not place absolute dollar limits on specific service categories or on the total services provided to an individual. (d) Duration of services. (1) The State unit may establish reasonable time periods for the provision of services provid… | |||||
| 34:34:2.1.1.1.7.2.136.42 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.51 Standards for facilities and providers of services. | ED | (a) Accessibility of facilities. The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that any facility used in connection with the delivery of vocational rehabilitation services under this part meets program accessibility requirements consistent with the requirements, as applicable, of the Architectural Barriers Act of 1968, the Americans with Disabilities Act of 1990, section 504 of the Act, and the regulations implementing these laws. (b) Affirmative action. The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that community rehabilitation programs that receive assistance under part B of title I of the Act take affirmative action to employ and advance in employment qualified individuals with disabilities covered under and on the same terms and conditions as in section 503 of the Act. (c) Special communication needs personnel. The designated State unit must ensure that providers of vocational rehabilitation services are able to communicate— (1) In the native language of applicants and eligible individuals who have limited English proficiency; and (2) By using appropriate modes of communication used by applicants and eligible individuals. | |||||
| 34:34:2.1.1.1.7.2.136.43 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.52 Informed choice. | ED | (a) General provision. The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that applicants and recipients of services or, as appropriate, their representatives are provided information and support services to assist applicants and recipients of services in exercising informed choice throughout the rehabilitation process consistent with the provisions of section 102(d) of the Act and the requirements of this section. (b) Written policies and procedures. The designated State unit, in consultation with its State Rehabilitation Council, if it has a Council, must develop and implement written policies and procedures that enable an applicant or recipient of services to exercise informed choice throughout the vocational rehabilitation process. These policies and procedures must provide for— (1) Informing each applicant and recipient of services (including students with disabilities who are making the transition from programs under the responsibility of an educational agency to programs under the responsibility of the designated State unit and including youth with disabilities), through appropriate modes of communication, about the availability of and opportunities to exercise informed choice, including the availability of support services for individuals with cognitive or other disabilities who require assistance in exercising informed choice throughout the vocational rehabilitation process; (2) Assisting applicants and recipients of services in exercising informed choice in decisions related to the provision of assessment services; (3) Developing and implementing flexible procurement policies and methods that facilitate the provision of vocational rehabilitation services and that afford recipients of services meaningful choices among the methods used to procure vocational rehabilitation services; (4) Assisting eligible individuals or, as appropriate, the individuals' representatives, in acquiring information that enables them to exercise informed choice in the devel… | |||||
| 34:34:2.1.1.1.7.2.136.44 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.53 Comparable services and benefits. | ED | (a) Determination of availability. The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that prior to providing an accommodation or auxiliary aid or service or any vocational rehabilitation services, except those services listed in paragraph (b) of this section, to an eligible individual or to members of the individual's family, the State unit must determine whether comparable services and benefits, as defined in § 361.5(c)(8), exist under any other program and whether those services and benefits are available to the individual unless such a determination would interrupt or delay— (1) The progress of the individual toward achieving the employment outcome identified in the individualized plan for employment; (2) An immediate job placement; or (3) The provision of vocational rehabilitation services to any individual who is determined to be at extreme medical risk, based on medical evidence provided by an appropriate qualified medical professional. (b) Exempt services. The following vocational rehabilitation services described in § 361.48(b) are exempt from a determination of the availability of comparable services and benefits under paragraph (a) of this section: (1) Assessment for determining eligibility and vocational rehabilitation needs. (2) Counseling and guidance, including information and support services to assist an individual in exercising informed choice. (3) Referral and other services to secure needed services from other agencies, including other components of the statewide workforce development system, if those services are not available under this part. (4) Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services. (5) Rehabilitation technology, including telecommunications, sensory, and other technological aids and devices. (6) Post-employment services consisting of the services listed under paragraphs (b)(1) through (5) of this section. (c) Provision of servic… | |||||
| 34:34:2.1.1.1.7.2.136.45 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.54 Participation of individuals in cost of services based on financial need. | ED | (a) No Federal requirement. There is no Federal requirement that the financial need of individuals be considered in the provision of vocational rehabilitation services. (b) State unit requirements. (1) The State unit may choose to consider the financial need of eligible individuals or individuals who are receiving services through trial work experiences under § 361.42(e) for purposes of determining the extent of their participation in the costs of vocational rehabilitation services, other than those services identified in paragraph (b)(3) of this section. (2) If the State unit chooses to consider financial need— (i) It must maintain written policies— (A) Explaining the method for determining the financial need of an eligible individual; and (B) Specifying the types of vocational rehabilitation services for which the unit has established a financial needs test; (ii) The policies must be applied uniformly to all individuals in similar circumstances; (iii) The policies may require different levels of need for different geographic regions in the State, but must be applied uniformly to all individuals within each geographic region; and (iv) The policies must ensure that the level of an individual's participation in the cost of vocational rehabilitation services is— (A) Reasonable; (B) Based on the individual's financial need, including consideration of any disability-related expenses paid by the individual; and (C) Not so high as to effectively deny the individual a necessary service. (3) The designated State unit may not apply a financial needs test, or require the financial participation of the individual— (i) As a condition for furnishing the following vocational rehabilitation services: (A) Assessment for determining eligibility and priority for services under § 361.48(b)(1), except those non-assessment services that are provided to an individual with a significant disability during either an exploration of the individual's abilities, capabilities, and capacity to perform in work situations throu… | |||||
| 34:34:2.1.1.1.7.2.136.46 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.55 Semi-annual and annual review of individuals in extended employment and other employment under special certificate provisions of the Fair Labor Standards Act. | ED | (a) The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that the designated State unit conducts a semi-annual review and reevaluation for the first two years of such employment and annually thereafter, in accordance with the requirements in paragraph (b) of this section for an individual with a disability served under this part— (1) Who has a record of service, as described in § 361.47, as either an applicant or eligible individual under the vocational rehabilitation program; and (2)(i) Who has achieved employment in which the individual is compensated in accordance with section 14(c) of the Fair Labor Standards Act; or (ii) Who is in extended employment, including those individuals whose record of service is closed while the individual is in extended employment on the basis that the individual is unable to achieve an employment outcome consistent with § 361.5(c)(15) or that the individual made an informed choice to remain in extended employment. (b) For each individual with a disability who meets the criteria in paragraph (a) of this section, the designated State unit must— (1) Semi-annually review and reevaluate the status of each individual for two years after the individual's record of services is closed (and annually thereafter) to determine the interests, priorities, and needs of the individual with respect to competitive integrated employment or training for competitive integrated employment; (2) Enable the individual or, if appropriate, the individual's representative to provide input into the review and reevaluation and must document that input in the record of services, consistent with § 361.47(a)(10), with the individual's or, as appropriate, the individual's representative's signed acknowledgment that the review and reevaluation have been conducted; and (3) Make maximum efforts, including identifying and providing vocational rehabilitation services, reasonable accommodations, and other necessary support services, to assist the individual in engaging … | |||||
| 34:34:2.1.1.1.7.2.136.47 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.56 Requirements for closing the record of services of an individual who has achieved an employment outcome. | ED | The record of services of an individual who has achieved an employment outcome may be closed only if all of the following requirements are met: (a) Employment outcome achieved. The individual has achieved the employment outcome that is described in the individual's individualized plan for employment in accordance with § 361.46(a)(1) and is consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. (b) Employment outcome maintained. The individual has maintained the employment outcome for an appropriate period of time, but not less than 90 days, necessary to ensure the stability of the employment outcome, and the individual no longer needs vocational rehabilitation services. (c) Satisfactory outcome. At the end of the appropriate period under paragraph (b) of this section, the individual and the qualified rehabilitation counselor employed by the designated State unit consider the employment outcome to be satisfactory and agree that the individual is performing well in the employment. (d) Post-employment services. The individual is informed through appropriate modes of communication of the availability of post-employment services. | |||||
| 34:34:2.1.1.1.7.2.136.48 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | B | Subpart B—State Plan and Other Requirements for Vocational Rehabilitation Services | § 361.57 Review of determinations made by designated State unit personnel. | ED | (a) Procedures. The designated State unit must develop and implement procedures to ensure that an applicant or recipient of services who is dissatisfied with any determination made by personnel of the designated State unit that affects the provision of vocational rehabilitation services may request, or, if appropriate, may request through the individual's representative, a timely review of that determination. The procedures must be in accordance with paragraphs (b) through (k) of this section: (b) General requirements. (1) Notification. Procedures established by the State unit under this section must provide an applicant or recipient or, as appropriate, the individual's representative notice of— (i) The right to obtain review of State unit determinations that affect the provision of vocational rehabilitation services through an impartial due process hearing under paragraph (e) of this section; (ii) The right to pursue mediation under paragraph (d) of this section with respect to determinations made by designated State unit personnel that affect the provision of vocational rehabilitation services to an applicant or recipient; (iii) The names and addresses of individuals with whom requests for mediation or due process hearings may be filed; (iv) The manner in which a mediator or impartial hearing officer may be selected consistent with the requirements of paragraphs (d) and (f) of this section; and (v) The availability of the client assistance program, established under 34 CFR part 370, to assist the applicant or recipient during mediation sessions or impartial due process hearings. (2) Timing. Notice described in paragraph (b)(1) of this section must be provided in writing— (i) At the time the individual applies for vocational rehabilitation services under this part; (ii) At the time the individual is assigned to a category in the State's order of selection, if the State has established an order of selection under § 361.36; (iii) At the time the individualized plan for employment is developed; an… | |||||
| 34:34:2.1.1.1.7.3.137.1 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | C | Subpart C—Financing of State Vocational Rehabilitation Programs | § 361.60 Matching requirements. | ED | (a) Federal share —(1) General. Except as provided in paragraph (a)(2) of this section, the Federal share for expenditures made by the State under the vocational rehabilitation services portion of the Unified or Combined State Plan, including expenditures for the provision of vocational rehabilitation services and the administration of the vocational rehabilitation services portion of the Unified or Combined State Plan, is 78.7 percent. (2) Construction projects. The Federal share for expenditures made for the construction of a facility for community rehabilitation program purposes may not be more than 50 percent of the total cost of the project. (b) Non-Federal share —(1) General. Except as provided in paragraph (b)(2) and (b)(3) of this section, expenditures made under the vocational rehabilitation services portion of the Unified or Combined State Plan to meet the non-Federal share under this section must be consistent with the provisions of 2 CFR 200.306(b). (2) Third party in-kind contributions. Third party in-kind contributions specified in 2 CFR 200.306(b) may not be used to meet the non-Federal share under this section. (3) Contributions by private entities. Expenditures made from those cash contributions provided by private organizations, agencies, or individuals and that are deposited in the State agency's account or, if applicable, sole local agency's account, in accordance with State law prior to their expenditure and that are earmarked, under a condition imposed by the contributor, may be used as part of the non-Federal share under this section if the funds are earmarked for— (i) Meeting in whole or in part the State's share for establishing a community rehabilitation program or constructing a particular facility for community rehabilitation program purposes; (ii) Particular geographic areas within the State for any purpose under the vocational rehabilitation services portion of the Unified or Combined State Plan, other than those described in paragraph (b)(3)(i) of this section, in … | |||||
| 34:34:2.1.1.1.7.3.137.2 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | C | Subpart C—Financing of State Vocational Rehabilitation Programs | § 361.61 Limitation on use of funds for construction expenditures. | ED | 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 program purposes. | |||||
| 34:34:2.1.1.1.7.3.137.3 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | C | Subpart C—Financing of State Vocational Rehabilitation Programs | § 361.62 Maintenance of effort requirements. | ED | (a) General requirements. The Secretary reduces the amount otherwise payable to a State for any fiscal year by the amount by which the total expenditures from non-Federal sources under the vocational rehabilitation services portion of the Unified or Combined State Plan for any previous fiscal year were less than the total of those expenditures for the fiscal year two years prior to that previous fiscal year. (b) Specific requirements for construction of facilities. If the State provides for the construction of a facility for community rehabilitation program purposes, the amount of the State's share of expenditures for vocational rehabilitation services under the plan, other than for the construction of a facility for community rehabilitation program purposes or the establishment of a facility for community rehabilitation purposes, must be at least equal to the expenditures for those services for the second prior fiscal year. (c) Separate State agency for vocational rehabilitation services for individuals who are blind. If there is a separate part of the vocational rehabilitation services portion of the Unified or Combined State Plan administered by a separate State agency to provide vocational rehabilitation services for individuals who are blind— (1) Satisfaction of the maintenance of effort requirements under paragraphs (a) and (b) of this section is determined based on the total amount of a State's non-Federal expenditures under both parts of the vocational rehabilitation services portion of the Unified or Combined State Plan; and (2) If a State fails to meet any maintenance of effort requirement, the Secretary reduces the amount otherwise payable to the State for a fiscal year under each part of the plan in direct proportion to the amount by which non-Federal expenditures under each part of the plan in any previous fiscal year were less than they were for that part of the plan for the fiscal year 2 years prior to that previous fiscal year. (d) Waiver or modification. (1) The Secretary may waive o… | |||||
| 34:34:2.1.1.1.7.3.137.4 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | C | Subpart C—Financing of State Vocational Rehabilitation Programs | § 361.63 Program income. | ED | (a) Definition. For purposes of this section, program income means gross income received by the State that is directly generated by a supported activity under this part or earned as a result of the Federal award during the period of performance, as defined in 2 CFR 200.80. (b) Sources. Sources of program income include, but are not limited to: Payments from the Social Security Administration for assisting Social Security beneficiaries and recipients to achieve employment outcomes; payments received from workers' compensation funds; payments received by the State agency from insurers, consumers, or others for services to defray part or all of the costs of services provided to particular individuals; and income generated by a State-operated community rehabilitation program for activities authorized under this part. (c) Use of program income. (1) Except as provided in paragraph (c)(2) of this section, program income, whenever earned, must be used for the provision of vocational rehabilitation services and the administration of the vocational rehabilitation services portion of the Unified or Combined State Plan. Program income— (i) Is considered earned in the fiscal year in which it is received; and (ii) Must be disbursed during the period of performance of the award. (2) Payments provided to a State from the Social Security Administration for assisting Social Security beneficiaries and recipients to achieve employment outcomes may also be used to carry out programs under part B of title I of the Act (client assistance), title VI of the Act (supported employment), and title VII of the Act (independent living). (3)(i) The State must use program income to supplement Federal funds that support program activities that are subject to this part. See, for example, 2 CFR 200.307(e)(2). (ii) Notwithstanding 2 CFR 200.305(a) and to the extent that program income funds are available, a State must disburse those funds (including repayments to a revolving fund), rebates, refunds, contract settlements, audit recoverie… | |||||
| 34:34:2.1.1.1.7.3.137.5 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | C | Subpart C—Financing of State Vocational Rehabilitation Programs | § 361.64 Obligation of Federal funds. | ED | (a) Except as provided in paragraph (b) of this section, any Federal award funds, including reallotted funds, that are appropriated for a fiscal year to carry out a program under this part that are not obligated by the State by the beginning of the succeeding fiscal year remain available for obligation by the State during that succeeding fiscal year. (b) Federal funds appropriated for a fiscal year remain available for obligation in the succeeding fiscal year only to the extent that the State met the matching requirement for those Federal funds by obligating, in accordance with 34 CFR 76.707, the non-Federal share in the fiscal year for which the funds were appropriated. | |||||
| 34:34:2.1.1.1.7.3.137.6 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | C | Subpart C—Financing of State Vocational Rehabilitation Programs | § 361.65 Allotment and payment of Federal funds for vocational rehabilitation services. | ED | (a) Allotment. (1) The allotment of Federal funds for vocational rehabilitation services for each State is computed in accordance with the requirements of section 110 of the Act, and payments are made to the State on a quarterly basis, unless some other period is established by the Secretary. (2) If the vocational rehabilitation services portion of the Unified or Combined State Plan designates one State agency to administer, or supervise the administration of, the part of the plan under which vocational rehabilitation services are provided for individuals who are blind and another State agency to administer the rest of the plan, the division of the State's allotment is a matter for State determination. (3) Reservation for pre-employment transition services. (i) Pursuant to section 110(d) of the Act, the State must reserve at least 15 percent of the State's allotment, received in accordance with section 110(a) of the Act for the provision of pre-employment transition services, as described in § 361.48(a) of this part. (ii) The funds reserved in accordance with paragraph (a)(3)(i) of this section— (A) Must only be used for pre-employment transition services specified in § 361.48(a); and (B) Must not be used to pay for administrative costs, (as defined in § 361.5(c)(2)) associated with the provision of such services or any other vocational rehabilitation services. (b) Reallotment. (1) The Secretary determines not later than 45 days before the end of a fiscal year which States, if any, will not use their full allotment. (2) As soon as possible, but not later than the end of the fiscal year, the Secretary reallots these funds to other States that can use those additional funds during the period of performance of the award, provided the State can meet the matching requirement by obligating the non-Federal share of any reallotted funds in the fiscal year for which the funds were appropriated. (3) In the event more funds are requested by agencies than are available, the Secretary will determine the process … | |||||
| 34:34:2.1.1.1.7.4.137.1 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | D | Subpart D—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 361.100 What are the purposes of the Unified and Combined State Plans? | ED | (a) The Unified and Combined State Plans provide the framework for States to outline a strategic vision of, and goals for, how their workforce development systems will achieve the purposes of the Workforce Innovation and Opportunity Act (WIOA). (b) The Unified and Combined State Plans serve as 4-year action plans to develop, align, and integrate the State's systems and provide a platform to achieve the State's vision and strategic and operational goals. A Unified or Combined State Plan is intended to: (1) Align, in strategic coordination, the six core programs required in the Unified State Plan pursuant to § 361.105(b), and additional Combined State Plan partner programs that may be part of the Combined State Plan pursuant to § 361.140; (2) Direct investments in economic, education, and workforce training programs to focus on providing relevant education and training to ensure that individuals, including youth and individuals with barriers to employment, have the skills to compete in the job market and that employers have a ready supply of skilled workers; (3) Apply strategies for job-driven training consistently across Federal programs; and (4) Enable economic, education, and workforce partners to build a skilled workforce through innovation in, and alignment of, employment, training, and education programs. | |||||
| 34:34:2.1.1.1.7.4.137.10 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | D | Subpart D—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 361.143 What is the development, submission, and approval process of the Combined State Plan? | ED | (a) For purposes of § 361.140(a), if a State chooses to develop a Combined State Plan it must submit the Combined State Plan in accordance with the requirements described below and sec. 103 of WIOA, as explained in the joint planning guidelines issued by the Secretaries of Labor and Education. (b) The Combined State Plan must be developed with the assistance of the State WDB, as required by 20 CFR 679.130(a) and WIOA sec. 101(d), and must be developed in coordination with administrators with optimum policy-making authority for the core programs and required one-stop partners. (c) The State must provide an opportunity for public comment on and input into the development of the Combined State Plan prior to its submission. (1) The opportunity for public comment for the portions of the Combined State Plan that cover the core programs must include an opportunity for comment by representatives of Local WDBs and chief elected officials, businesses, representatives of labor organizations, community-based organizations, adult education providers, institutions of higher education, other stakeholders with an interest in the services provided by the six core programs, and the general public, including individuals with disabilities. (2) Consistent with the “Sunshine Provision” of WIOA in sec. 101(g), the State WDB must make information regarding the Combined State Plan available to the public through electronic means and regularly occurring open meetings in accordance with State law. The Combined State Plan must describe the State's process and timeline for ensuring a meaningful opportunity for public comment on the portions of the plan covering core programs. (3) The portions of the plan that cover the Combined State Plan partner programs are subject to any public comment requirements applicable to those programs. (d) The State must submit to the Secretaries of Labor and Education and to the Secretary of the agency with responsibility for approving the program's plan or deeming it complete under the law governing the p… | |||||
| 34:34:2.1.1.1.7.4.137.11 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | D | Subpart D—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 361.145 What are the requirements for modifications of the Combined State Plan? | ED | (a) For the core program portions of the Combined State Plan, modifications are required, at a minimum: (1) By the end of the first 2-year period of any 4-year State Plan. The State WDB must review the Combined State Plan, and the Governor must submit modifications to the Combined State Plan to reflect changes in labor market and economic conditions or other factors affecting the implementation of the Combined State Plan; (2) When changes in Federal or State law or policy substantially affect the strategies, goals, and priorities upon which the Combined State Plan is based; (3) When there are changes in the statewide vision, strategies, policies, State negotiated levels of performance as described in § 361.170(b), the methodology used to determine local allocation of funds, reorganizations that change the working relationship with system employees, changes in organizational responsibilities, changes to the membership structure of the State WDB or alternative entity, and similar substantial changes to the State's workforce development system. (b) In addition to the required modification review described in paragraph (a)(1) of this section, a State may submit a modification of its Combined State Plan at any time during the 4-year period of the plan. (c) For any Combined State Plan partner programs and activities described in § 361.140(d) that are included in a State's Combined State Plan, the State— (1) May decide if the modification requirements under WIOA sec. 102(c)(3) that apply to the core programs will apply to the Combined State Plan partner programs, as long as consistent with any other modification requirements for the programs, or may comply with the requirements applicable to only the particular program or activity; and (2) Must submit, in accordance with the procedure described in § 361.143, any modification, amendment, or revision required by the Federal law authorizing, or applicable to, the Combined State Plan partner program or activity. (i) If the underlying programmatic requirements change… | |||||
| 34:34:2.1.1.1.7.4.137.2 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | D | Subpart D—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 361.105 What are the general requirements for the Unified State Plan? | ED | (a) The Unified State Plan must be submitted in accordance with § 361.130 and WIOA sec. 102(c), as explained in joint planning guidelines issued by the Secretaries of Labor and Education. (b) The Governor of each State must submit, at a minimum, in accordance with § 361.130, a Unified State Plan to the Secretary of Labor to be eligible to receive funding for the workforce development system's six core programs: (1) The adult, dislocated worker, and youth programs authorized under subtitle B of title I of WIOA and administered by the U.S. Department of Labor (DOL); (2) The Adult Education and Family Literacy Act (AEFLA) program authorized under title II of WIOA and administered by the U.S. Department of Education (ED); (3) The Employment Service program authorized under the Wagner-Peyser Act of 1933, as amended by WIOA title III and administered by DOL; and (4) The Vocational Rehabilitation program authorized under title I of the Rehabilitation Act of 1973, as amended by title IV of WIOA and administered by ED. (c) The Unified State Plan must outline the State's 4-year strategy for the core programs described in paragraph (b) of this section and meet the requirements of sec. 102(b) of WIOA, as explained in the joint planning guidelines issued by the Secretaries of Labor and Education. (d) The Unified State Plan must include strategic and operational planning elements to facilitate the development of an aligned, coordinated, and comprehensive workforce development system. The Unified State Plan must include: (1) Strategic planning elements that describe the State's strategic vision and goals for preparing an educated and skilled workforce under sec. 102(b)(1) of WIOA. The strategic planning elements must be informed by and include an analysis of the State's economic conditions and employer and workforce needs, including education and skill needs. (2) Strategies for aligning the core programs and Combined State Plan partner programs as described in § 361.140(d), as well as other resources available to the S… | |||||
| 34:34:2.1.1.1.7.4.137.3 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | D | Subpart D—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 361.110 What are the program-specific requirements in the Unified State Plan for the adult, dislocated worker, and youth programs authorized under Workforce Innovation and Opportunity Act title I? | ED | The program-specific requirements for the adult, dislocated worker, and youth programs that must be included in the Unified State Plan are described in sec. 102(b)(2)(D) of WIOA. Additional planning requirements may be explained in joint planning guidelines issued by the Secretaries of Labor and Education. | |||||
| 34:34:2.1.1.1.7.4.137.4 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | D | Subpart D—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 361.115 What are the program-specific requirements in the Unified State Plan for the Adult Education and Family Literacy Act program authorized under Workforce Innovation and Opportunity Act title II? | ED | The program-specific requirements for the AEFLA program in title II that must be included in the Unified State Plan are described in secs. 102(b)(2)(C) and 102(b)(2)(D)(ii) of WIOA. (a) With regard to the description required in sec. 102(b)(2)(D)(ii)(I) of WIOA pertaining to content standards, the Unified State Plan must describe how the eligible agency will, by July 1, 2016, align its content standards for adult education with State-adopted challenging academic content standards under the Elementary and Secondary Education Act of 1965, as amended. (b) With regard to the description required in sec. 102(b)(2)(C)(iv) of WIOA pertaining to the methods and factors the State will use to distribute funds under the core programs, for title II of WIOA, the Unified State Plan must include— (1) How the eligible agency will award multi-year grants on a competitive basis to eligible providers in the State; and (2) How the eligible agency will provide direct and equitable access to funds using the same grant or contract announcement and application procedure. | |||||
| 34:34:2.1.1.1.7.4.137.5 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | D | Subpart D—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 361.120 What are the program-specific requirements in the Unified State Plan for the Employment Service program authorized under the Wagner-Peyser Act, as amended by Workforce Innovation and Opportunity Act title III? | ED | The Employment Service program authorized under the Wagner-Peyser Act of 1933, as amended by WIOA title III, is subject to requirements in sec. 102(b) of WIOA, including any additional requirements imposed by the Secretary of Labor under secs. 102(b)(2)(C)(viii) and 102(b)(2)(D)(iv) of WIOA, as explained in joint planning guidelines issued by the Secretaries of Labor and Education. | |||||
| 34:34:2.1.1.1.7.4.137.6 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | D | Subpart D—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 361.125 What are the program-specific requirements in the Unified State Plan for the State Vocational Rehabilitation program authorized under title I of the Rehabilitation Act of 1973, as amended by Workforce Innovation and Opportunity Act title IV? | ED | The program specific-requirements for the vocational rehabilitation services portion of the Unified or Combined State Plan are set forth in sec. 101(a) of the Rehabilitation Act of 1973, as amended. All submission requirements for the vocational rehabilitation services portion of the Unified or Combined State Plan are in addition to the jointly developed strategic and operational content requirements prescribed by sec. 102(b) of WIOA. | |||||
| 34:34:2.1.1.1.7.4.137.7 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | D | Subpart D—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 361.130 What is the development, submission, and approval process of the Unified State Plan? | ED | (a) The Unified State Plan described in § 361.105 must be submitted in accordance with WIOA sec. 102(c), as explained in joint planning guidelines issued jointly by the Secretaries of Labor and Education. (b) A State must submit its Unified State Plan to the Secretary of Labor pursuant to a process identified by the Secretary. (1) The initial Unified State Plan must be submitted no later than 120 days prior to the commencement of the second full program year of WIOA. (2) Subsequent Unified State Plans must be submitted no later than 120 days prior to the end of the 4-year period covered by a preceding Unified State Plan. (3) For purposes of paragraph (b) of this section, “program year” means July 1 through June 30 of any year. (c) The Unified State Plan must be developed with the assistance of the State WDB, as required by 20 CFR 679.130(a) and WIOA sec. 101(d), and must be developed in coordination with administrators with optimum policy-making authority for the core programs and required one-stop partners. (d) The State must provide an opportunity for public comment on and input into the development of the Unified State Plan prior to its submission. (1) The opportunity for public comment must include an opportunity for comment by representatives of Local WDBs and chief elected officials, businesses, representatives of labor organizations, community-based organizations, adult education providers, institutions of higher education, other stakeholders with an interest in the services provided by the six core programs, and the general public, including individuals with disabilities. (2) Consistent with the “Sunshine Provision” of WIOA in sec. 101(g), the State WDB must make information regarding the Unified State Plan available to the public through electronic means and regularly occurring open meetings in accordance with State law. The Unified State Plan must describe the State's process and timeline for ensuring a meaningful opportunity for public comment. (e) Upon receipt of the Unified State Plan from t… | |||||
| 34:34:2.1.1.1.7.4.137.8 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | D | Subpart D—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 361.135 What are the requirements for modification of the Unified State Plan? | ED | (a) In addition to the required modification review set forth in paragraph (b) of this section, a Governor may submit a modification of its Unified State Plan at any time during the 4-year period of the plan. (b) Modifications are required, at a minimum: (1) At the end of the first 2-year period of any 4-year State Plan, wherein the State WDB must review the Unified State Plan, and the Governor must submit modifications to the plan to reflect changes in labor market and economic conditions or other factors affecting the implementation of the Unified State Plan; (2) When changes in Federal or State law or policy substantially affect the strategies, goals, and priorities upon which the Unified State Plan is based; (3) When there are changes in the statewide vision, strategies, policies, State negotiated levels of performance as described in § 361.170(b), the methodology used to determine local allocation of funds, reorganizations that change the working relationship with system employees, changes in organizational responsibilities, changes to the membership structure of the State WDB or alternative entity, and similar substantial changes to the State's workforce development system. (c) Modifications to the Unified State Plan are subject to the same public review and comment requirements in § 361.130(d) that apply to the development of the original Unified State Plan. (d) Unified State Plan modifications must be approved by the Secretaries of Labor and Education, based on the approval standards applicable to the original Unified State Plan under § 361.130. This approval must come after the approval of the Commissioner of the Rehabilitation Services Administration for modification of any portion of the plan described in sec. 102(b)(2)(D)(iii) of WIOA. | |||||
| 34:34:2.1.1.1.7.4.137.9 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | D | Subpart D—Unified and Combined State Plans Under Title I of the Workforce Innovation and Opportunity Act | § 361.140 What are the general requirements for submitting a Combined State Plan? | ED | (a) A State may choose to develop and submit a 4-year Combined State Plan in lieu of the Unified State Plan described in §§ 361.105 through 361.125. (b) A State that submits a Combined State Plan covering an activity or program described in paragraph (d) of this section that is, in accordance with WIOA sec. 103(c), approved or deemed complete under the law relating to the program will not be required to submit any other plan or application in order to receive Federal funds to carry out the core programs or the program or activities described under paragraph (d) of this section that are covered by the Combined State Plan. (c) If a State develops a Combined State Plan, it must be submitted in accordance with the process described in § 361.143. (d) If a State chooses to submit a Combined State Plan, the plan must include the six core programs and one or more of the Combined State Plan partner programs and activities described in sec. 103(a)(2) of WIOA. The Combined State Plan partner programs and activities that may be included in the Combined State Plan are: (1) Career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq. ); (2) Temporary Assistance for Needy Families or TANF, authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq. ); (3) Employment and training programs authorized under sec. 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)); (4) Work programs authorized under sec. 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)); (5) Trade adjustment assistance activities under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq. ); (6) Services for veterans authorized under chapter 41 of title 38 United States Code; (7) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law); (8) Senior Community Service Employment Programs under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 e… | |||||
| 34:34:2.1.1.1.7.5.137.1 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.150 What definitions apply to Workforce Innovation and Opportunity Act performance accountability provisions? | ED | (a) Participant. A reportable individual who has received services other than the services described in paragraph (a)(3) of this section, after satisfying all applicable programmatic requirements for the provision of services, such as eligibility determination. (1) For the Vocational Rehabilitation (VR) program, a participant is a reportable individual who has an approved and signed Individualized Plan for Employment (IPE) and has begun to receive services. (2) For the Workforce Innovation and Opportunity Act (WIOA) title I youth program, a participant is a reportable individual who has satisfied all applicable program requirements for the provision of services, including eligibility determination, an objective assessment, and development of an individual service strategy, and received 1 of the 14 WIOA youth program elements identified in sec. 129(c)(2) of WIOA. (3) The following individuals are not participants: (i) Individuals in an Adult Education and Family Literacy Act (AEFLA) program who have not completed at least 12 contact hours; (ii) Individuals who only use the self-service system. (A) Subject to paragraph (a)(3)(ii)(B) of this section, self-service occurs when individuals independently access any workforce development system program's information and activities in either a physical location, such as a one-stop center resource room or partner agency, or remotely via the use of electronic technologies. (B) Self-service does not uniformly apply to all virtually accessed services. For example, virtually accessed services that provide a level of support beyond independent job or information seeking on the part of an individual would not qualify as self-service. (iii) Individuals who receive information-only services or activities, which provide readily available information that does not require an assessment by a staff member of the individual's skills, education, or career objectives. (4) Programs must include participants in their performance calculations. (b) Reportable individual. An ind… | |||||
| 34:34:2.1.1.1.7.5.137.10 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.195 What should States expect when a sanction is applied to the Governor's Reserve Allotment? | ED | (a) The Secretaries of Labor and Education will reduce the Governor's Reserve Allotment by five percent of the maximum available amount for the immediately succeeding program year if: (1) The State fails to submit the State annual performance reports as required under WIOA sec. 116(d)(2), as defined in § 361.185; (2) The State fails to meet State adjusted levels of performance for the same primary performance indicator(s) under either § 361.190(d)(1) for the second consecutive year as defined in § 361.190; or (3) The State's score on the same indicator for the same program falls below 50 percent under § 361.190(d)(2) for the second consecutive year as defined in § 361.190. (b) If the State fails under paragraphs (a)(1) and either (a)(2) or (3) of this section in the same program year, the Secretaries of Labor and Education will reduce the Governor's Reserve Allotment by 10 percent of the maximum available amount for the immediately succeeding program year. (c) If a State's Governor's Reserve Allotment is reduced: (1) The reduced amount will not be returned to the State in the event that the State later improves performance or submits its annual performance report; and (2) The Governor's Reserve will continue to be set at the reduced level in each subsequent year until the Secretary of Labor or the Secretary of Education, depending on which program is impacted, determines that the State met the State adjusted levels of performance for the applicable primary performance indicators and has submitted all of the required performance reports. (d) A State may request review of a sanction the Secretary of Labor imposes in accordance with the provisions of 20 CFR 683.800. | |||||
| 34:34:2.1.1.1.7.5.137.11 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.200 What other administrative actions will be applied to States' performance requirements? | ED | (a) In addition to sanctions for failure to report or failure to meet adjusted levels of performance, States will be subject to administrative actions in the case of poor performance. (b) States' performance achievement on the individual primary indicators will be assessed in addition to the overall State program score and overall State indicator score. Based on this assessment, as clarified and explained in guidance, for performance on any individual primary indicator, the Secretary of Labor or the Secretary of Education will require the State to establish a performance risk plan to address continuous improvement on the individual primary indicator. | |||||
| 34:34:2.1.1.1.7.5.137.12 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.205 What performance indicators apply to local areas and what information must be included in local area performance reports? | ED | (a) Each local area in a State under WIOA title I is subject to the same primary indicators of performance for the core programs for WIOA title I under § 361.155(a)(1) and (c) that apply to the State. (b) In addition to the indicators described in paragraph (a) of this section, under § 361.165, the Governor may apply additional indicators of performance to local areas in the State. (c) States must annually make local area performance reports available to the public using a template that the Departments of Labor and Education will disseminate in guidance, including by electronic means. The State must provide electronic access to the public local area performance report in its annual State performance report. (d) The local area performance report must include: (1) The actual results achieved under § 361.155 and the information required under § 361.160(a); (2) The percentage of a local area's allotment under WIOA secs. 128(b) and 133(b) that the local area spent on administrative costs; and (3) Other information that facilitates comparisons of programs with programs in other local areas (or planning regions if the local area is part of a planning region). (e) The disaggregation of data for the local area performance report must be done in compliance with WIOA sec. 116(d)(6)(C). (f) States must comply with any requirements from sec. 116(d)(3) of WIOA as explained in guidance, including the use of the performance reporting template, issued by DOL. | |||||
| 34:34:2.1.1.1.7.5.137.13 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.210 How are local performance levels established? | ED | (a) The objective statistical adjustment model required under sec. 116(b)(3)(A)(viii) of WIOA and described in § 361.170(c) must be: (1) Applied to the core programs' primary indicators upon availability of data which are necessary to populate the model and apply the model to the local core programs; (2) Used in order to reach agreement on local negotiated levels of performance for the upcoming program year; and (3) Used to establish adjusted levels of performance at the end of a program year based on actual conditions, consistent with WIOA sec. 116(c)(3). (b) Until all indicators for the core program in a local area have at least 2 years of complete data, the comparison of the actual results achieved to the adjusted levels of performance for each of the primary indicators only will be applied where there are at least 2 years of complete data for that program. (c) The Governor, Local Workforce Development Board (WDB), and chief elected official must reach agreement on local negotiated levels of performance based on a negotiations process before the start of a program year with the use of the objective statistical model described in paragraph (a) of this section. The negotiations will include a discussion of circumstances not accounted for in the model and will take into account the extent to which the levels promote continuous improvement. The objective statistical model will be applied at the end of the program year based on actual economic conditions and characteristics of the participants served. (d) The negotiations process described in paragraph (c) of this section must be developed by the Governor and disseminated to all Local WDBs and chief elected officials. (e) The Local WDBs may apply performance measures to service providers that differ from the performance indicators that apply to the local area. These performance measures must be established after considering: (1) The established local negotiated levels; (2) The services provided by each provider; and (3) The populations the service provide… | |||||
| 34:34:2.1.1.1.7.5.137.14 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.215 Under what circumstances are local areas eligible for State Incentive Grants? | ED | (a) The Governor is not required to award local incentive funds, but is authorized to provide incentive grants to local areas for performance on the primary indicators of performance consistent with WIOA sec. 134(a)(3)(A)(xi). (b) The Governor may use non-Federal funds to create incentives for the Local WDBs to implement pay-for-performance contract strategies for the delivery of training services described in WIOA sec. 134(c)(3) or activities described in WIOA sec. 129(c)(2) in the local areas served by the Local WDBs. Pay-for-performance contract strategies must be implemented in accordance with 20 CFR part 683, subpart E and § 361.160. | |||||
| 34:34:2.1.1.1.7.5.137.15 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.220 Under what circumstances may a corrective action or sanction be applied to local areas for poor performance? | ED | (a) If a local area fails to meet the adjusted levels of performance agreed to under § 361.210 for the primary indicators of performance in the adult, dislocated worker, and youth programs authorized under WIOA title I in any program year, technical assistance must be provided by the Governor or, upon the Governor's request, by the Secretary of Labor. (1) A State must establish the threshold for failure to meet adjusted levels of performance for a local area before coming to agreement on the negotiated levels of performance for the local area. (i) A State must establish the adjusted level of performance for a local area, using the statistical adjustment model described in § 361.170(c). (ii) At least 2 years of complete data on any indicator for any local core program are required in order to establish adjusted levels of performance for a local area. (2) The technical assistance may include: (i) Assistance in the development of a performance improvement plan; (ii) The development of a modified local or regional plan; or (iii) Other actions designed to assist the local area in improving performance. (b) If a local area fails to meet the adjusted levels of performance agreed to under § 361.210 for the same primary indicators of performance for the same core program authorized under WIOA title I for a third consecutive program year, the Governor must take corrective actions. The corrective actions must include the development of a reorganization plan under which the Governor: (1) Requires the appointment and certification of a new Local WDB, consistent with the criteria established under 20 CFR 679.350; (2) Prohibits the use of eligible providers and one-stop partners that have been identified as achieving poor levels of performance; or (3) Takes such other significant actions as the Governor determines are appropriate. | |||||
| 34:34:2.1.1.1.7.5.137.16 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.225 Under what circumstances may local areas appeal a reorganization plan? | ED | (a) The Local WDB and chief elected official for a local area that is subject to a reorganization plan under WIOA sec. 116(g)(2)(A) may appeal to the Governor to rescind or revise the reorganization plan not later than 30 days after receiving notice of the reorganization plan. The Governor must make a final decision within 30 days after receipt of the appeal. (b) The Local WDB and chief elected official may appeal the final decision of the Governor to the Secretary of Labor not later than 30 days after receiving the decision from the Governor. Any appeal of the Governor's final decision must be: (1) Appealed jointly by the Local WDB and chief elected official to the Secretary of Labor under 20 CFR 683.650; and (2) Must be submitted by certified mail, return receipt requested, to the Secretary of Labor, U.S. Department of Labor, 200 Constitution Ave. NW., Washington, DC 20210, Attention: ASET. A copy of the appeal must be simultaneously provided to the Governor. (c) Upon receipt of the joint appeal from the Local WDB and chief elected official, the Secretary of Labor must make a final decision within 30 days. In making this determination the Secretary of Labor may consider any comments submitted by the Governor in response to the appeals. (d) The decision by the Governor on the appeal becomes effective at the time it is issued and remains effective unless the Secretary of Labor rescinds or revises the reorganization plan under WIOA sec. 116(g)(2)(C). | |||||
| 34:34:2.1.1.1.7.5.137.17 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.230 What information is required for the eligible training provider performance reports? | ED | (a) States are required to make available and publish annually using a template the Departments of Labor and Education will disseminate including through electronic means, the ETP performance reports for ETPs who provide services under sec. 122 of WIOA that are described in 20 CFR 680.400 through 680.530. These reports at a minimum must include, consistent with § 361.175 and with respect to each program of study that is eligible to receive funds under WIOA: (1) The total number of participants as defined by § 361.150(a) who received training services under the adult and dislocated worker programs authorized under WIOA title I for the most recent year and the 3 preceding program years, including: (i) The number of participants under the adult and dislocated worker programs disaggregated by barriers to employment; (ii) The number of participants under the adult and dislocated worker programs disaggregated by race, ethnicity, sex, and age; (iii) The number of participants under the adult and dislocated worker programs disaggregated by the type of training entity for the most recent program year and the 3 preceding program years; (2) The total number of participants who exit a program of study or its equivalent, including disaggregate counts by the type of training entity during the most recent program year and the 3 preceding program years; (3) The average cost-per-participant for participants who received training services for the most recent program year and the 3 preceding program years disaggregated by type of training entity; (4) The total number of individuals exiting from the program of study (or the equivalent) with respect to all individuals engaging in the program of study (or the equivalent); and (5) The levels of performance achieved for the primary indicators of performance identified in § 361.155(a)(1)(i) through (iv) with respect to all individuals engaging in a program of study (or the equivalent). (b) Apprenticeship programs registered under the National Apprenticeship Act are not required … | |||||
| 34:34:2.1.1.1.7.5.137.18 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.235 What are the reporting requirements for individual records for core Workforce Innovation and Opportunity Act (WIOA) title I programs; the Wagner-Peyser Act Employment Service program, as amended by WIOA title III; and the Vocational Rehabilitation program authorized under title I of the Rehabilitation Act of 1973, as amended by WIOA title IV? | ED | (a) On a quarterly basis, each State must submit to the Secretary of Labor or the Secretary of Education, as appropriate, individual records that include demographic information, information on services received, and information on resulting outcomes, as appropriate, for each reportable individual in either of the following programs administered by the Secretary of Labor or Secretary of Education: A WIOA title I core program; the Employment Service program authorized under the Wagner-Peyser Act, as amended by WIOA title III; or the VR program authorized under title I of the Rehabilitation Act of 1973, as amended by WIOA title IV. (b) For individual records submitted to the Secretary of Labor, those records may be required to be integrated across all programs administered by the Secretary of Labor in one single file. (c) States must comply with the requirements of sec. 116(d)(2) of WIOA as explained in guidance issued by the Departments of Labor and Education. | |||||
| 34:34:2.1.1.1.7.5.137.19 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.240 What are the requirements for data validation of State annual performance reports? | ED | (a) States must establish procedures, consistent with guidelines issued by the Secretary of Labor or the Secretary of Education, to ensure that they submit complete annual performance reports that contain information that is valid and reliable, as required by WIOA sec. 116(d)(5). (b) If a State fails to meet standards in paragraph (a) of this section as determined by the Secretary of Labor or the Secretary of Education, the appropriate Secretary will provide technical assistance and may require the State to develop and implement corrective actions, which may require the State to provide training for its subrecipients. (c) The Secretaries of Labor and Education will provide training and technical assistance to States in order to implement this section. States must comply with the requirements of sec. 116(d)(5) of WIOA as explained in guidance. | |||||
| 34:34:2.1.1.1.7.5.137.2 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.155 What are the primary indicators of performance under the Workforce Innovation and Opportunity Act? | ED | [81 FR 56026, Aug. 19, 2016, as amended at 89 FR 13848, Feb. 23, 2024] | (a) All States submitting either a Unified or Combined State Plan under §§ 361.130 and 361.143, must propose expected levels of performance for each of the primary indicators of performance for the adult, dislocated worker, and youth programs authorized under WIOA title I; the AEFLA program authorized under WIOA title II; the Employment Service program authorized under the Wagner-Peyser Act, as amended by WIOA title III; and the VR program authorized under title I of the Rehabilitation Act of 1973, as amended by WIOA title IV. (1) Primary indicators of performance. The six primary indicators of performance for the adult and dislocated worker programs, the AEFLA program, and the VR program are: (i) The percentage of participants who are in unsubsidized employment during the second quarter after exit from the program; (ii) The percentage of participants who are in unsubsidized employment during the fourth quarter after exit from the program; (iii) Median earnings of participants who are in unsubsidized employment during the second quarter after exit from the program; (iv)(A) The percentage of those participants enrolled in an education or training program (excluding those in on-the-job training [OJT] and customized training) who attained a recognized postsecondary credential or a secondary school diploma, or its recognized equivalent, during participation in or within 1 year after exit from the program. (B) A participant who has attained a secondary school diploma or its recognized equivalent is included in the percentage of participants who have attained a secondary school diploma or recognized equivalent only if the participant also is employed or is enrolled in an education or training program leading to a recognized postsecondary credential within 1 year after exit from the program; (v) The percentage of participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains, defined … | ||||
| 34:34:2.1.1.1.7.5.137.3 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.160 What information is required for State performance reports? | ED | (a) The State performance report required by sec. 116(d)(2) of WIOA must be submitted annually using a template the Departments of Labor and Education will disseminate, and must provide, at a minimum, information on the actual performance levels achieved consistent with § 361.175 with respect to: (1) The total number of participants served, and the total number of participants who exited each of the core programs identified in sec. 116(b)(3)(A)(ii) of WIOA, including disaggregated counts of those who participated in and exited a core program, by: (i) Individuals with barriers to employment as defined in WIOA sec. 3(24); and (ii) Co-enrollment in any of the programs in WIOA sec. 116(b)(3)(A)(ii). (2) Information on the performance levels achieved for the primary indicators of performance for all of the core programs identified in § 361.155 including disaggregated levels for: (i) Individuals with barriers to employment as defined in WIOA sec. 3(24); (ii) Age; (iii) Sex; and (iv) Race and ethnicity. (3) The total number of participants who received career services and the total number of participants who exited from career services for the most recent program year and the 3 preceding program years, and the total number of participants who received training services and the total number of participants who exited from training services for the most recent program year and the 3 preceding program years, as applicable to the program; (4) Information on the performance levels achieved for the primary indicators of performance consistent with § 361.155 for career services and training services for the most recent program year and the 3 preceding program years, as applicable to the program; (5) The percentage of participants in a program who attained unsubsidized employment related to the training received (often referred to as training-related employment) through WIOA title I, subtitle B programs; (6) The amount of funds spent on career services and the amount of funds spent on training services for the most … | |||||
| 34:34:2.1.1.1.7.5.137.4 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.165 May a State establish additional indicators of performance? | ED | States may identify additional indicators of performance for the six core programs. If a State does so, these indicators must be included in the Unified or Combined State Plan. | |||||
| 34:34:2.1.1.1.7.5.137.5 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.170 How are State levels of performance for primary indicators established? | ED | (a) A State must submit in the State Plan expected levels of performance on the primary indicators of performance for each core program as required by sec. 116(b)(3)(A)(iii) of WIOA as explained in joint guidance issued by the Secretaries of Labor and Education. (1) The initial State Plan submitted under WIOA must contain expected levels of performance for the first 2 years of the State Plan. (2) States must submit expected levels of performance for the third and fourth year of the State Plan before the third program year consistent with §§ 361.135 and 361.145. (b) States must reach agreement on levels of performance with the Secretaries of Labor and Education for each indicator for each core program. These are the negotiated levels of performance. The negotiated levels must be based on the following factors: (1) How the negotiated levels of performance compare with State levels of performance established for other States; (2) The application of an objective statistical model established by the Secretaries of Labor and Education, subject to paragraph (d) of this section; (3) How the negotiated levels promote continuous improvement in performance based on the primary indicators and ensure optimal return on investment of Federal funds; and (4) The extent to which the negotiated levels assist the State in meeting the performance goals established by the Secretaries of Labor and Education for the core programs in accordance with the Government Performance and Results Act of 1993, as amended. (c) An objective statistical adjustment model will be developed and disseminated by the Secretaries of Labor and Education. The model will be based on: (1) Differences among States in actual economic conditions, including but not limited to unemployment rates and job losses or gains in particular industries; and (2) The characteristics of participants, including but not limited to: (i) Indicators of poor work history; (ii) Lack of work experience; (iii) Lack of educational or occupational skills attainment; (iv) Dis… | |||||
| 34:34:2.1.1.1.7.5.137.6 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.175 What responsibility do States have to use quarterly wage record information for performance accountability? | ED | (a)(1) States must, consistent with State laws, use quarterly wage record information in measuring a State's performance on the primary indicators of performance outlined in § 361.155 and a local area's performance on the primary indicators of performance identified in § 361.205. (2) The use of social security numbers from participants and such other information as is necessary to measure the progress of those participants through quarterly wage record information is authorized. (3) To the extent that quarterly wage records are not available for a participant, States may use other information as is necessary to measure the progress of those participants through methods other than quarterly wage record information. (b) “Quarterly wage record information” means intrastate and interstate wages paid to an individual, the social security number (or numbers, if more than one) of the individual, and the name, address, State, and the Federal employer identification number of the employer paying the wages to the individual. (c) The Governor may designate a State agency (or appropriate State entity) to assist in carrying out the performance reporting requirements for WIOA core programs and ETPs. The Governor or such agency (or appropriate State entity) is responsible for: (1) Facilitating data matches; (2) Data quality reliability; and (3) Protection against disaggregation that would violate applicable privacy standards. | |||||
| 34:34:2.1.1.1.7.5.137.7 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.180 When is a State subject to a financial sanction under the Workforce Innovation and Opportunity Act? | ED | A State will be subject to financial sanction under WIOA sec. 116(f) if it fails to: (a) Submit the State annual performance report required under WIOA sec. 116(d)(2); or (b) Meet adjusted levels of performance for the primary indicators of performance in accordance with sec. 116(f) of WIOA. | |||||
| 34:34:2.1.1.1.7.5.137.8 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.185 When are sanctions applied for a State's failure to submit an annual performance report? | ED | (a) Sanctions will be applied when a State fails to submit the State annual performance report required under sec. 116(d)(2) of WIOA. A State fails to report if the State either: (1) Does not submit a State annual performance report by the date for timely submission set in performance reporting guidance; or (2) Submits a State annual performance report by the date for timely submission, but the report is incomplete. (b) Sanctions will not be applied if the reporting failure is due to exceptional circumstances outside of the State's control. Exceptional circumstances may include, but are not limited to: (1) Natural disasters; (2) Unexpected personnel transitions; and (3) Unexpected technology related issues. (c) In the event that a State may not be able to submit a complete and accurate performance report by the deadline for timely reporting: (1) The State must notify the Secretary of Labor or Secretary of Education as soon as possible, but no later than 30 days prior to the established deadline for submission, of a potential impact on the State's ability to submit its State annual performance report in order to not be considered failing to report. (2) In circumstances where unexpected events occur less than 30 days before the established deadline for submission of the State annual performance reports, the Secretaries of Labor and Education will review requests for extending the reporting deadline in accordance with the Departments of Labor and Education's procedures that will be established in guidance. | |||||
| 34:34:2.1.1.1.7.5.137.9 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | E | Subpart E—Performance Accountability Under Title I of the Workforce Innovation and Opportunity Act | § 361.190 When are sanctions applied for failure to achieve adjusted levels of performance? | ED | [81 FR 56026, Aug. 19, 2016, as amended at 89 FR 13848, Feb. 23, 2024] | (a) States' negotiated levels of performance will be adjusted through the application of the statistical adjustment model established under § 361.170 to account for actual economic conditions experienced during a program year and characteristics of participants, annually at the close of each program year. (b) Any State that fails to meet adjusted levels of performance for the primary indicators of performance outlined in § 361.155 for any year will receive technical assistance, including assistance in the development of a performance improvement plan provided by the Secretary of Labor or Secretary of Education. (c) Whether a State has failed to meet adjusted levels of performance will be determined using the following criteria: (1) The overall State program score, which is expressed as the percent achieved, compares the actual results achieved by a core program on the primary indicators of performance, except for the effectiveness in serving employers indicator described in § 361.155(a)(1)(vi), to the adjusted levels of performance for that core program. The average of the percentages achieved of the adjusted level of performance for each of the primary indicators, except for the effectiveness in serving employers indicator described in § 361.155(a)(1)(vi), by a core program will constitute the overall State program score. (2) However, until all indicators for the core program have at least 2 years of complete data, the overall State program score will be based on a comparison of the actual results achieved to the adjusted level of performance for each of the primary indicators that have at least 2 years of complete data for that program. (3) The overall State indicator score, which is expressed as the percent achieved, compares the actual results achieved on a primary indicator of performance by all core programs in a State to the adjusted levels of performance for that primary indicator. (i) The average of the percentages achieved of the adjusted level of performance by all of the core programs on that in… | ||||
| 34:34:2.1.1.1.7.6.137.1 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | F | Subpart F—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 361.300 What is the one-stop delivery system? | ED | (a) The one-stop delivery system brings together workforce development, educational, and other human resource services in a seamless customer-focused service delivery network that enhances access to the programs' services and improves long-term employment outcomes for individuals receiving assistance. One-stop partners administer separately funded programs as a set of integrated streamlined services to customers. (b) Title I of the Workforce Innovation and Opportunity Act (WIOA) assigns responsibilities at the local, State, and Federal level to ensure the creation and maintenance of a one-stop delivery system that enhances the range and quality of education and workforce development services that employers and individual customers can access. (c) The system must include at least one comprehensive physical center in each local area as described in § 361.305. (d) The system may also have additional arrangements to supplement the comprehensive center. These arrangements include: (1) An affiliated site or a network of affiliated sites, where one or more partners make programs, services, and activities available, as described in § 361.310; (2) A network of eligible one-stop partners, as described in §§ 361.400 through 361.410, through which each partner provides one or more of the programs, services, and activities that are linked, physically or technologically, to an affiliated site or access point that assures customers are provided information on the availability of career services, as well as other program services and activities, regardless of where they initially enter the public workforce system in the local area; and (3) Specialized centers that address specific needs, including those of dislocated workers, youth, or key industry sectors, or clusters. (e) Required one-stop partner programs must provide access to programs, services, and activities through electronic means if applicable and practicable. This is in addition to providing access to services through the mandatory comprehensive physical one-st… | |||||
| 34:34:2.1.1.1.7.6.137.10 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | F | Subpart F—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 361.420 What are the roles and responsibilities of the required one-stop partners? | ED | Each required partner must: (a) Provide access to its programs or activities through the one-stop delivery system, in addition to any other appropriate locations; (b) Use a portion of funds made available to the partner's program, to the extent consistent with the Federal law authorizing the partner's program and with Federal cost principles in 2 CFR parts 200 and 3474 (requiring, among other things, that costs are allowable, reasonable, necessary, and allocable), to: (1) Provide applicable career services; and (2) Work collaboratively with the State and Local WDBs to establish and maintain the one-stop delivery system. This includes jointly funding the one-stop infrastructure through partner contributions that are based upon: (i) A reasonable cost allocation methodology by which infrastructure costs are charged to each partner based on proportionate use and relative benefit received; (ii) Federal cost principles; and (iii) Any local administrative cost requirements in the Federal law authorizing the partner's program. (This is further described in § 361.700.) (c) Enter into an MOU with the Local WDB relating to the operation of the one-stop delivery system that meets the requirements of § 361.500(b); (d) Participate in the operation of the one-stop delivery system consistent with the terms of the MOU, requirements of authorizing laws, the Federal cost principles, and all other applicable legal requirements; and (e) Provide representation on the State and Local WDBs as required and participate in Board committees as needed. | |||||
| 34:34:2.1.1.1.7.6.137.11 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | F | Subpart F—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 361.425 What are the applicable career services that must be provided through the one-stop delivery system by required one-stop partners? | ED | (a) The applicable career services to be delivered by required one-stop partners are those services listed in § 361.430 that are authorized to be provided under each partner's program. (b) One-stop centers provide services to individual customers based on individual needs, including the seamless delivery of multiple services to individual customers. There is no required sequence of services. | |||||
| 34:34:2.1.1.1.7.6.137.12 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | F | Subpart F—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 361.430 What are career services? | ED | Career services, as identified in sec. 134(c)(2) of WIOA, consist of three types: (a) Basic career services must be made available and, at a minimum, must include the following services, as consistent with allowable program activities and Federal cost principles: (1) Determinations of whether the individual is eligible to receive assistance from the adult, dislocated worker, or youth programs; (2) Outreach, intake (including worker profiling), and orientation to information and other services available through the one-stop delivery system. For the TANF program, States must provide individuals with the opportunity to initiate an application for TANF assistance and non-assistance benefits and services, which could be implemented through the provision of paper application forms or links to the application Web site; (3) Initial assessment of skill levels including literacy, numeracy, and English language proficiency, as well as aptitudes, abilities (including skills gaps), and supportive services needs; (4) Labor exchange services, including— (i) Job search and placement assistance, and, when needed by an individual, career counseling, including— (A) Provision of information on in-demand industry sectors and occupations (as defined in sec. 3(23) of WIOA); and (B) Provision of information on nontraditional employment; and (ii) Appropriate recruitment and other business services on behalf of employers, including information and referrals to specialized business services other than those traditionally offered through the one-stop delivery system; (5) Provision of referrals to and coordination of activities with other programs and services, including programs and services within the one-stop delivery system and, when appropriate, other workforce development programs; (6) Provision of workforce and labor market employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including— (i) Job vacancy listings in labor market areas… | |||||
| 34:34:2.1.1.1.7.6.137.13 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | F | Subpart F—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 361.435 What are the business services provided through the one-stop delivery system, and how are they provided? | ED | (a) Certain career services must be made available to local employers, specifically labor exchange activities and labor market information described in § 361.430(a)(4)(ii) and (a)(6). Local areas must establish and develop relationships and networks with large and small employers and their intermediaries. Local areas also must develop, convene, or implement industry or sector partnerships. (b) Customized business services may be provided to employers, employer associations, or other such organizations. These services are tailored for specific employers and may include: (1) Customized screening and referral of qualified participants in training services to employers; (2) Customized services to employers, employer associations, or other such organizations, on employment-related issues; (3) Customized recruitment events and related services for employers including targeted job fairs; (4) Human resource consultation services, including but not limited to assistance with: (i) Writing/reviewing job descriptions and employee handbooks; (ii) Developing performance evaluation and personnel policies; (iii) Creating orientation sessions for new workers; (iv) Honing job interview techniques for efficiency and compliance; (v) Analyzing employee turnover; (vi) Creating job accommodations and using assistive technologies; or (vii) Explaining labor and employment laws to help employers comply with discrimination, wage/hour, and safety/health regulations; (5) Customized labor market information for specific employers, sectors, industries or clusters; and (6) Other similar customized services. (c) Local areas may also provide other business services and strategies that meet the workforce investment needs of area employers, in accordance with partner programs' statutory requirements and consistent with Federal cost principles. These business services may be provided through effective business intermediaries working in conjunction with the Local WDB, or through the use of economic development, philanthropic, and other… | |||||
| 34:34:2.1.1.1.7.6.137.14 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | F | Subpart F—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 361.440 When may a fee be charged for the business services in this subpart? | ED | (a) There is no requirement that a fee-for-service be charged to employers. (b) No fee may be charged for services provided in § 361.435(a). (c) A fee may be charged for services provided under § 361.435(b) and (c). Services provided under § 361.435(c) may be provided through effective business intermediaries working in conjunction with the Local WDB and may also be provided on a fee-for-service basis or through the leveraging of economic development, philanthropic, and other public and private resources in a manner determined appropriate by the Local WDB. The Local WDB may examine the services provided compared with the assets and resources available within the local one-stop delivery system and through its partners to determine an appropriate cost structure for services, if any. (d) Any fees earned are recognized as program income and must be expended by the partner in accordance with the partner program's authorizing statute, implementing regulations, and Federal cost principles identified in Uniform Guidance. | |||||
| 34:34:2.1.1.1.7.6.137.15 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | F | Subpart F—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 361.500 What is the Memorandum of Understanding for the one-stop delivery system and what must be included in the Memorandum of Understanding? | ED | (a) The MOU is the product of local discussion and negotiation, and is an agreement developed and executed between the Local WDB and the one-stop partners, with the agreement of the chief elected official and the one-stop partners, relating to the operation of the one-stop delivery system in the local area. Two or more local areas in a region may develop a single joint MOU, if they are in a region that has submitted a regional plan under sec. 106 of WIOA. (b) The MOU must include: (1) A description of services to be provided through the one-stop delivery system, including the manner in which the services will be coordinated and delivered through the system; (2) Agreement on funding the costs of the services and the operating costs of the system, including: (i) Funding of infrastructure costs of one-stop centers in accordance with §§ 361.700 through 361.755; and (ii) Funding of the shared services and operating costs of the one-stop delivery system described in § 361.760; (3) Methods for referring individuals between the one-stop operators and partners for appropriate services and activities; (4) Methods to ensure that the needs of workers, youth, and individuals with barriers to employment, including individuals with disabilities, are addressed in providing access to services, including access to technology and materials that are available through the one-stop delivery system; (5) The duration of the MOU and procedures for amending it; and (6) Assurances that each MOU will be reviewed, and if substantial changes have occurred, renewed, not less than once every 3-year period to ensure appropriate funding and delivery of services. (c) The MOU may contain any other provisions agreed to by the parties that are consistent with WIOA title I, the authorizing statutes and regulations of one-stop partner programs, and the WIOA regulations. (d) When fully executed, the MOU must contain the signatures of the Local WDB, one-stop partners, the chief elected official(s), and the time period in which the agreement is… | |||||
| 34:34:2.1.1.1.7.6.137.16 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | F | Subpart F—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 361.505 Is there a single Memorandum of Understanding for the local area, or must there be different Memoranda of Understanding between the Local Workforce Development Board and each partner? | ED | (a) A single “umbrella” MOU may be developed that addresses the issues relating to the local one-stop delivery system for the Local WDB, chief elected official and all partners. Alternatively, the Local WDB (with agreement of chief elected official) may enter into separate agreements between each partner or groups of partners. (b) Under either approach, the requirements described in § 361.500 apply. Since funds are generally appropriated annually, the Local WDB may negotiate financial agreements with each partner annually to update funding of services and operating costs of the system under the MOU. | |||||
| 34:34:2.1.1.1.7.6.137.17 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | F | Subpart F—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 361.510 How must the Memorandum of Understanding be negotiated? | ED | (a) WIOA emphasizes full and effective partnerships between Local WDBs, chief elected officials, and one-stop partners. Local WDBs and partners must enter into good-faith negotiations. Local WDBs, chief elected officials, and one-stop partners may also request assistance from a State agency responsible for administering the partner program, the Governor, State WDB, or other appropriate parties on other aspects of the MOU. (b) Local WDBs and one-stop partners must establish, in the MOU, how they will fund the infrastructure costs and other shared costs of the one-stop centers. If agreement regarding infrastructure costs is not reached when other sections of the MOU are ready, an interim infrastructure funding agreement may be included instead, as described in § 361.715(c). Once agreement on infrastructure funding is reached, the Local WDB and one-stop partners must amend the MOU to include the infrastructure funding of the one-stop centers. Infrastructure funding is described in detail in §§ 361.700 through 361.760. (c) The Local WDB must report to the State WDB, Governor, and relevant State agency when MOU negotiations with one-stop partners have reached an impasse. (1) The Local WDB and partners must document the negotiations and efforts that have taken place in the MOU. The State WDB, one-stop partner programs, and the Governor may consult with the appropriate Federal agencies to address impasse situations related to issues other than infrastructure funding after attempting to address the impasse. Impasses related to infrastructure cost funding must be resolved using the State infrastructure cost funding mechanism described in § 361.730. (2) The Local WDB must report failure to execute an MOU with a required partner to the Governor, State WDB, and the State agency responsible for administering the partner's program. Additionally, if the State cannot assist the Local WDB in resolving the impasse, the Governor or the State WDB must report the failure to the Secretary of Labor and to the head of any other Fede… | |||||
| 34:34:2.1.1.1.7.6.137.18 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | F | Subpart F—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 361.600 Who may operate one-stop centers? | ED | (a) One-stop operators may be a single entity (public, private, or nonprofit) or a consortium of entities. If the consortium of entities is one of one-stop partners, it must include a minimum of three of the one-stop partners described in § 361.400. (b) The one-stop operator may operate one or more one-stop centers. There may be more than one one-stop operator in a local area. (c) The types of entities that may be a one-stop operator include: (1) An institution of higher education; (2) An Employment Service State agency established under the Wagner-Peyser Act; (3) A community-based organization, nonprofit organization, or workforce intermediary; (4) A private for-profit entity; (5) A government agency; (6) A Local WDB, with the approval of the chief elected official and the Governor; or (7) Another interested organization or entity, which is capable of carrying out the duties of the one-stop operator. Examples may include a local chamber of commerce or other business organization, or a labor organization. (d) Elementary schools and secondary schools are not eligible as one-stop operators, except that a nontraditional public secondary school such as a night school, adult school, or an area career and technical education school may be selected. (e) The State and Local WDBs must ensure that, in carrying out WIOA programs and activities, one-stop operators: (1) Disclose any potential conflicts of interest arising from the relationships of the operators with particular training service providers or other service providers (further discussed in 20 CFR 679.430); (2) Do not establish practices that create disincentives to providing services to individuals with barriers to employment who may require longer-term career and training services; and (3) Comply with Federal regulations and procurement policies relating to the calculation and use of profits, including those at 20 CFR 683.295, the Uniform Guidance at 2 CFR part 200, and other applicable regulations and policies. | |||||
| 34:34:2.1.1.1.7.6.137.19 | 34 | Education | III | 361 | PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM | F | Subpart F—Description of the One-Stop Delivery System Under Title I of the Workforce Innovation and Opportunity Act | § 361.605 How is the one-stop operator selected? | ED | (a) Consistent with paragraphs (b) and (c) of this section, the Local WDB must select the one-stop operator through a competitive process, as required by sec. 121(d)(2)(A) of WIOA, at least once every 4 years. A State may require, or a Local WDB may choose to implement, a competitive selection process more than once every 4 years. (b) In instances in which a State is conducting the competitive process described in paragraph (a) of this section, the State must follow the same policies and procedures it uses for procurement with non-Federal funds. (c) All other non-Federal entities, including subrecipients of a State (such as local areas), must use a competitive process based on local procurement policies and procedures and the principles of competitive procurement in the Uniform Guidance set out at 2 CFR 200.318 through 200.326. All references to “noncompetitive proposals” in the Uniform Guidance at 2 CFR 200.320(f) will be read as “sole source procurement” for the purposes of implementing this section. (d) Entities must prepare written documentation explaining the determination concerning the nature of the competitive process to be followed in selecting a one-stop operator. |
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