[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: 34CFR366.2]

[Page 359]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 366--CENTERS FOR INDEPENDENT LIVING--Table of Contents
 
                           Subpart A--General
 
Sec.  366.2  What agencies are eligible for assistance under the CIL program?

    (a) In any State in which the Secretary has approved the State plan 
required by section 704 of the Act, an applicant may receive a grant 
under subpart C or D of this part, as applicable, if the applicant 
demonstrates in its application submitted pursuant to Sec.  366.21, 
366.24, 366.33, 366.35, or 366.36 that it--
    (1) Has the power and authority to--
    (i) Carry out the purpose of part C of title VII of the Act and 
perform the functions listed in section 725(b) and (c) of the Act and 
subparts F and G of this part within a community located within that 
State or in a bordering State; and
    (ii) Receive and administer--
    (A) Funds under this part;
    (B) Funds and contributions from private or public sources that may 
be used in support of a center; and
    (C) Funds from other public and private programs; and
    (2) Is able to plan, conduct, administer, and evaluate a center 
consistent with the standards and assurances in section 725(b) and (c) 
of the Act and subparts F and G of this part.
    (b) An applicant that meets the requirements of paragraph (a) of 
this section is eligible to apply as a new center under Sec. Sec.  
366.24 or 366.36 if it--
    (1) Is not receiving funds under part C of chapter 1 of title VII of 
the Act; or
    (2) Proposes the expansion of an existing center through the 
establishment of a separate and complete center (except that the 
governing board of the existing center may serve as the governing board 
of the new center) at a different geographical location; and
    (3) Meets the requirements of Sec.  366.24;
    (c) A State that received assistance in fiscal year (FY) 1993 to 
directly operate a center in accordance with section 724(a) of the Act 
is eligible to continue to receive assistance under this part to 
directly operate that center for FY 1994 or a succeeding fiscal year if, 
for the fiscal year for which assistance is sought--
    (1) No nonprofit private agency submits and obtains approval of an 
acceptable application under section 722 or 723 of the Act or Sec.  
366.21 or Sec.  366.24 to operate a center for that fiscal year before a 
date specified by the Secretary; or
    (2) After funding all applications so submitted and approved, the 
Secretary determines that funds remain available to provide that 
assistance.
    (d) Except for the requirement that the center be a private 
nonprofit agency, a center that is operated by a State that receives 
assistance under paragraph (a), (b), or (c) of this section shall comply 
with all of the requirements of part C of title VII of the Act and the 
requirements in subparts C or D, as applicable, and F of this part.
    (e) Eligibility requirements for assistance under subpart B of this 
part are described in Sec.  366.10.

(Approved by the Office of Management and Budget under control number 
1820-0018)

(Authority: 29 U.S.C. 711(c), 796f-1(b) and (d)(3), 796f-2(b), and 796f-
3(a)(2) and (b))