[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: 34CFR345.62]

[Page 239-240]
 
                           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 F--What Compliance Procedures May the Secretary Use?
 
Sec.  345.62  How does a State redesignate the lead agency when it is subject to corrective action?

    (a) Once a State becomes subject to a corrective action plan under 
Sec.  345.60, the Governor of the State, subject to approval by the 
Secretary, shall appoint, within 30 days after the submission of the 
plan to the Secretary, a monitoring panel consisting of the following 
representatives:
    (1) The head of the lead agency designated by the Governor;
    (2) Two representatives from different public or private nonprofit 
organizations that represent the interests of individuals with 
disabilities;
    (3) Two consumers who are users of assistive technology devices and 
assistive technology services and who are not--
    (i) Members of the advisory council, if any, of the consumer-
responsive comprehensive statewide program of technology-related 
assistance; or
    (ii) Employees of the State lead agency; and
    (4) Two service providers with knowledge and expertise in assistive 
technology devices and assistive technology services.
    (b) The monitoring panel must be ethnically diverse. The panel shall 
select a chairperson from among the members of the panel.
    (c) The panel shall receive periodic reports from the State 
regarding progress in implementing the corrective action plan and shall 
have the authority to request additional information necessary to 
determine compliance.
    (d) The meetings of the panel to determine compliance shall be open 
to the public (subject to confidentiality concerns) and held at 
locations that are accessible to individuals with disabilities.
    (e) The panel shall carry out the duties of the panel for the entire 
period of the corrective action plan, as determined by the Secretary.
    (f) A failure by a Governor of a State to comply with the 
requirements of paragraphs (a) through (e) of this section results in 
the termination of funding for the State under this part.
    (g) Based on its findings, a monitoring panel may determine that a 
lead agency designated by a Governor has not accomplished the purposes 
described in Sec.  345.2(a) and that there is good cause for 
redesignation of the agency and the temporary loss of funds by the State 
under this part.
    (h) For the purposes of this section, ``good cause'' includes the 
following:
    (1) Lack of progress with employment of qualified staff;
    (2) Lack of consumer-responsive activities;
    (3) Lack of resource allocation to systems change and advocacy 
activities;
    (4) Lack of progress with meeting the assurances in Sec.  345.30(b); 
or
    (5) Inadequate fiscal management.
    (i) If a monitoring panel determines that the lead agency should be 
redesignated, the panel shall recommend to the Secretary that further 
remedial action be taken or that the Secretary order the Governor to 
redesignate the lead agency within 90 days or lose funds under this 
part. The Secretary,

[[Page 240]]

based on the findings and recommendations of the monitoring panel, and 
after providing to the public notice and opportunity for comment, shall 
make a final determination regarding whether to order the Governor to 
redesignate the lead agency. The Governor shall make any redesignation 
in accordance with the requirements that apply to designations under 
Sec.  345.6.

(Authority: 29 U.S.C. 2215(c); section 105(c) of the Act)