[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: 34CFR364.20]

[Page 342-343]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 364--STATE INDEPENDENT LIVING SERVICES PROGRAM AND CENTERS FOR INDEPENDENT LIVING PROGRAM: GENERAL PROVISIONS--Table of Contents
 
            Subpart C--What Are the State Plan Requirements?
 
Sec.  364.20  What are the general requirements for a State plan?


    (a) Form and content. The State plan must contain, in the form 
prescribed by the Secretary, the information required by this part and 
any other information requested by the Secretary.
    (b) Duration. (1) The State plan must cover a three-year period and 
must be amended whenever necessary to reflect any material change in 
State law, organization, policy, or agency operations that affects the 
administration of the State plan.
    (2) The Secretary may require a State to submit an interim State 
plan for a period of less than three years following a reauthorization 
of the Act and prior to the effective date of final regulations.
    (c) Joint development-single agency. The State plan must be 
jointly--
    (1) Developed by the DSU and the SILC; and
    (2) Signed by the--
    (i) Director of the DSU (Director); and
    (ii) Chairperson of the SILC, acting on behalf of and at the 
direction of the SILC.
    (d) Joint development-separate agency for individuals who are blind. 
If a separate State agency is authorized by State law as the sole State 
agency with authority to administer or supervise the administration of 
that part of the State plan relating to the vocational rehabilitation of 
individuals who are blind, the State plan must be jointly--
    (1) Developed by the DSU, the SILC, and the separate State agency 
authorized to provide VR services for individuals who are blind; and
    (2) Signed by the--
    (i) Director;
    (ii) Director of the separate State agency authorized to provide VR 
services for individuals who are blind; and
    (iii) Chairperson of the SILC, acting on behalf of and at the 
direction of the SILC.
    (3) (Cross-reference: See Sec.  364.22(c).)
    (e) The State plan must assure that, as appropriate, the DSU and 
SILC actively consult in the development of the State plan with the 
Director of the CAP authorized under section 112 of the Act.
    (f) Periodic review and revision. The State plan must provide for 
the review and revision of the plan, at least once every three years, to 
ensure the existence of appropriate planning, financial support and 
coordination, and other assistance to appropriately address, on a 
statewide and comprehensive basis, the needs in the State for--
    (1) Providing State IL services;
    (2) Developing and supporting a statewide network of centers; and
    (3) Working relationships between--
    (i) Programs providing IL services and supporting or establishing 
centers; and
    (ii) The VR program established under title I of the Act, and other 
programs providing services for individuals with disabilities.
    (g) Public hearings. (1) The State plan must assure that the DSU and 
SILC conduct public meetings to provide all segments of the public, 
including interested groups, organizations, and individuals, an 
opportunity to comment on the State plan prior to its submission to the 
Secretary and on any revisions to the approved State plan. The DSU and 
SILC may meet the public participation requirement by holding the public 
meetings before a preliminary draft State plan is prepared or by 
providing a preliminary draft State plan for comment at the public 
meetings.

[[Page 343]]

    (2) The State plan must assure that the DSU and SILC establish and 
maintain a written description of procedures for conducting public 
meetings in accordance with the following requirements:
    (i) The DSU and SILC shall provide appropriate and sufficient notice 
of the public meetings. Appropriate and sufficient notice means notice 
provided at least 30 days prior to the public meeting through various 
media available to the general public, such as newspapers and public 
service announcements, and through specific contacts with appropriate 
constituency groups and organizations identified by the DSU and SILC.
    (ii) The DSU and SILC shall make reasonable accommodation to 
individuals with disabilities who rely on alternative modes of 
communication in the conduct of the public meetings, including providing 
sign language interpreters and audio-loops.
    (iii) The DSU and SILC shall provide the notices of the public 
meetings, any written material provided prior to or at the public 
meetings, and the approved State plan in accessible formats for 
individuals who rely on alternative modes of communication.
    (h) The State plan must assure that, at the public meetings to 
develop the State plan, the DSU and SILC identify those provisions in 
the State plan that are State-imposed requirements. For purposes of this 
section, a State-imposed requirement includes any State law, regulation, 
rule, or policy relating to the DSU's administration or operation of IL 
programs under title VII of the Act, including any rule or policy 
implementing any Federal law, regulation, or guideline, that is beyond 
what would be required to comply with the regulations in 34 CFR parts 
364, 365, 366, and 367.
    (i) The State plan also must address how the specific requirements 
in Sec. Sec.  364.21 through 364.43 and in Sec. Sec.  364.56 and 364.59 
will be met.

(Approved by the Office of Management and Budget under control number 
1820-0527)

(Authority: 29 U.S.C. 711(c) and 796c (a) and (m)(6))