[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: 34CFR345.63]

[Page 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.  345.63  How does a State change the entity responsible for providing protection and advocacy services?

    (a) The Governor of a State, based on input from individuals with 
disabilities and their family members, guardians, advocates, or 
authorized representatives, may determine that the entity providing 
protection and advocacy services has not met the protection and advocacy 
service needs of the individuals with disabilities and their family 
members, guardians, advocates, or authorized representatives, for 
securing funding for and access to assistive technology devices and 
assistive technology services, and that there is good cause to provide 
the protection and advocacy services for the State through a contract 
with a second entity.
    (b) On making the determination in paragraph (a) of this section, 
the Governor may not enter into a contract with a second entity to 
provide the protection and advocacy services unless good cause exists 
and unless--
    (1) The Governor has given the first entity 30 days notice of the 
intention to enter into the contract, including specification of good 
cause, and an opportunity to respond to the assertion that good cause 
has been shown;
    (2) Individuals with disabilities and their family members, 
guardians, advocates, or authorized representatives, have timely notice 
of the determination and opportunity for public comment; and
    (3) The first entity has the opportunity to appeal the determination 
to the Secretary within 30 days of the determination on the basis that 
there is not good cause to enter into the contract.
    (c)(1) When the Governor of a State determines that there is good 
cause to enter into a contract with a second entity to provide the 
protection and advocacy services, the Governor shall hold an open 
competition within the State and issue a request for proposals by 
entities desiring to provide the services.
    (2) The Governor shall not issue a request for proposals by entities 
desiring to provide protection and advocacy services until the first 
entity has been given notice and an opportunity to respond. If the first 
entity appeals the determination to the Secretary, the Governor shall 
issue such request only if the Secretary decides not to overturn the 
determination of the Governor. The Governor shall issue such request 
within 30 days after the end of the period during which the first entity 
has the opportunity to respond, or after the decision of the Secretary, 
as appropriate.
    (3) The competition shall be open to entities with the same 
expertise and ability to provide legal services as a system in Sec.  
345.30(b)(12). The competition shall ensure public involvement, 
including a public hearing and adequate opportunity for public comment.

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