[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: 34CFR364.52]

[Page 350-351]
 
                           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.  364.52  What are the requirements for an IL plan?

    (a) General. (1) Unless the individual who is to be provided IL 
services under this part signs a waiver in accordance with paragraph 
(a)(2) of this section, the service provider, in collaboration with the 
individual with a significant disability, shall develop and periodically 
review an IL plan for the individual in accordance with the requirements 
in Sec.  364.43(c) and paragraphs (b) through (e) of this section.
    (2) The requirements of this section with respect to an IL plan do 
not apply if the individual knowingly and voluntarily signs a waiver 
stating that an IL plan is unnecessary.
    (3) Subject to paragraph (a)(2) of this section, the service 
provider shall provide each IL service in accordance with the IL plan.
    (b) Initiation and development of an IL plan. (1) Development of an 
individual's IL plan must be initiated after documentation of 
eligibility under Sec.  364.51(a) and must indicate the goals or 
objectives established, the services to be provided, and the anticipated 
duration of the service program and each component service.
    (2) The IL plan must be developed jointly and signed by the 
appropriate staff member of the service provider and the individual with 
a significant disability or, if consistent with State law and the 
individual chooses, the individual's guardian, parent, or other legally 
authorized advocate or representative.
    (3) A copy of the IL plan, and any amendments, must be provided in 
an accessible format to the individual with a significant disability or, 
if consistent with State law and the individual chooses, the 
individual's guardian, parent, or other legally authorized advocate or 
representative.
    (c) Review. (1) The IL plan must be reviewed as often as necessary 
but at least on an annual basis to determine whether services should be 
continued, modified, or discontinued, or whether the individual should 
be referred to a program of VR services under 34 CFR part 361 or to any 
other program of assistance.
    (2) Each individual with a significant disability or, if consistent 
with State

[[Page 351]]

law and the individual chooses, the individual's guardian, parent, or 
other legally authorized advocate or representative, must be given an 
opportunity to review the IL plan and, if necessary, jointly redevelop 
and agree by signature to its terms.
    (d) Coordination with vocational rehabilitation, developmental 
disabilities, and special education programs. The development of the IL 
plan and the provision of IL services must be coordinated to the maximum 
extent possible with any individualized--
    (1) Written rehabilitation program for VR services for that 
individual;
    (2) Habilitation program for the individual prepared under the 
Developmental Disabilities Assistance and Bill of Rights Act; and
    (3) Education program for the individual prepared under part B of 
the Individuals with Disabilities Education Act.
    (e) Termination of services. If the service provider intends to 
terminate services to an individual receiving IL services under an IL 
plan, the service provider shall follow the procedures in Sec.  
364.51(b)(2)(ii) through (iv) and (c).

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

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