[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: 34CFR364.51]

[Page 349-350]
 
                           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 D--What Conditions Must Be Met After an Award?
 
Sec.  364.51  What requirements apply to determinations of eligibility or ineligibility?

    (a) Eligibility. (1) Before or at the same time as an applicant for 
IL services may begin receiving IL services funded under this part, the 
service provider shall determine the applicant's eligibility and 
maintain documentation that the applicant has met the basic requirements 
specified in Sec.  364.40.
    (2) The documentation must be dated and signed by an appropriate 
staff member of the service provider.

[[Page 350]]

    (b) Ineligibility. (1) If a determination is made that an applicant 
for IL services is not an individual with a significant disability, the 
service provider shall provide documentation of the ineligibility 
determination that is dated and signed by an appropriate staff member.
    (2)(i) The service provider may determine an applicant to be 
ineligible for IL services only after full consultation with the 
applicant or, if the applicant chooses, the applicant's parent, 
guardian, or other legally authorized advocate or representative, or 
after providing a clear opportunity for this consultation.
    (ii) The service provider shall notify the applicant in writing of 
the action taken and inform the applicant or, if the applicant chooses, 
the applicant's parent, guardian, or other legally authorized advocate 
or representative, of the applicant's rights and the means by which the 
applicant may appeal the action taken. (Cross-reference: See Sec.  
364.58(a).)
    (iii) The service provider shall provide a detailed explanation of 
the availability and purposes of the CAP established within the State 
under section 112 of the Act, including information on how to contact 
the program.
    (iv) If appropriate, the service provider shall refer the applicant 
to other agencies and facilities, including the State's VR program under 
34 CFR part 361.
    (c) Review of ineligibility determination. (1) If an applicant for 
IL services has been found ineligible, the service provider shall review 
the applicant's ineligibility at least once within 12 months after the 
ineligibility determination has been made and whenever the service 
provider determines that the applicant's status has materially changed.
    (2) The review need not be conducted in situations where the 
applicant has refused the review, the applicant is no longer present in 
the State, or the applicant's whereabouts are unknown.

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

(Authority: 29 U.S.C. 711(c) and 796c(e))