[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR345.55]

[Page 237-238]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 345--STATE GRANTS PROGRAM FOR TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES--Table of Contents
 
         Subpart E--What Conditions Must Be Met After an Award?
 
Sec.  345.55  What are the responsibilities of a State in carrying out protection and advocacy services?

    (a)(1) A State is eligible to receive funding to provide protection 
and advocacy services if--
    (i) The State, as of June 30, 1993, has provided for protection and 
advocacy services through an entity that is capable of performing the 
functions that

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would otherwise be performed under Sec.  345.30(b)(12) by the system 
described in that section; and
    (ii) The entity referred to in Sec.  345.30(b)(12)(i) is not a 
system described in that section.
    (b) A State that meets both of the descriptions in paragraph (a)(1) 
of this section also shall comply with the same requirements of this 
part as a system that receives funding under Sec.  345.30(b)(12).
    (c)(1) A system that receives funds under Sec.  345.30(b)(12)(i) to 
carry out the protection and advocacy services described in Sec.  
345.30(b)(12)(i) in a State, or an entity described in paragraph (a)(1) 
of this section, shall prepare reports that contain the information 
required by the Secretary, including the following:
    (i) A description of the activities carried out by the system or 
entity with the funds;
    (ii) Documentation of significant progress, in providing protection 
and advocacy services, in each of the following areas:
    (A) Conducting activities that are consumer-responsive, including 
activities that will lead to increased access to funding for assistive 
technology devices and assistive technology services.
    (B) Executing legal, administrative, and other appropriate means of 
representation to implement systems change and advocacy activities.
    (C) Developing and implementing strategies designed to enhance the 
long-term abilities of individuals with disabilities and their family 
members, guardians, advocates, and authorized representatives to 
successfully advocate for assistive technology devices and assistive 
technology services to which the individuals with disabilities are 
entitled under law other than this Act.
    (D) Coordinating activities with protection and advocacy services 
funded through sources other than this Act, and coordinating activities 
with the systems change and advocacy activities carried out by the State 
lead agency.
    (2) The system or entity shall submit the reports to the lead agency 
in the State not less often than every 6 months.
    (3) The system or entity shall provide monthly updates to the lead 
agency concerning the activities and information described in paragraph 
(c) of this section.
    (d) Before making a grant or entering into a contract under Sec.  
345.30(b)(12)(ii) to support the protection and advocacy services 
described in Sec.  345.30(b)(12)(ii) in a State, the Secretary shall 
solicit and consider the opinions of the lead agency in the State with 
respect to the terms of the grant or contract.
    (e)(1) In each fiscal year, the Secretary specifies for each State 
receiving a development or an extension grant the minimum amount that 
the State shall use to provide protection and advocacy services.
    (2)(i) Except as provided for in paragraphs (e) (3) and (4), the 
Secretary calculates this minimum amount based on the size of the grant, 
the needs of individuals with disabilities within the State, the 
population of the State, and the geographic size of the State.
    (ii) The Secretary establishes a minimum amount for each State that 
ranges from at least $40,000 up to $100,000.
    (3) If a State receives a second extension grant, the Secretary 
specifies a minimum amount for the fourth year (if any) of the grant 
period that equals 75 percent of the minimum amount specified for the 
State for the third year of the second extension grant of the State.
    (4) If a State receives a second extension grant, the Secretary 
specifies a minimum amount for the fifth year (if any) of the grant 
period that equals 50 percent of the minimum amount specified for the 
State for the third year of the second extension grant of the State.
    (5) After the fifth year (if any) of the grant period, no Federal 
funds may be made available under this title by the State to a system 
described in Sec.  345.30(b)(12) or an entity described in paragraph (a) 
of this section.

(Authority: 29 U.S.C. 2212(f); section 102(f) of the Act)

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