[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: 34CFR364.43]

[Page 349]
 
                           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.  364.43  What requirements apply to the provision of State IL services?

    (a) The State plan must describe the extent and scope of IL services 
to be provided under title VII of the Act to meet the objectives stated 
in Sec.  364.42.
    (b) The State plan must provide that the State directly, or through 
grants or contracts, will provide IL services with Federal, State, or 
other funds.
    (c) Unless the individual signs a waiver stating that an IL plan is 
unnecessary, IL services provided to individuals with significant 
disabilities must be in accordance with an IL plan that meets the 
requirements of Sec.  364.52 and that is mutually agreed upon by--
    (1) An appropriate staff member of the service provider; and
    (2) The individual.
    (d) If the State provides the IL services that it is required to 
provide by paragraph (b) of this section through grants or contracts 
with third parties, the State plan must describe these arrangements.
    (e) If the State contracts with or awards a grant to a center for 
the general operation of the center, the State shall delegate to the 
center the determination of an individual's eligibility for services 
from that center. If the State contracts with or awards a grant to a 
third party to provide specific IL services, the State may choose to 
delegate to the IL service provider the determination of eligibility for 
these services and the development of an IL plan for individuals who 
receive these services.

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

(Authority: 29 U.S.C. 711(c), 796c(e)-(f), and 796f-4(b)(2))