[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: 34CFR366.50]

[Page 373-374]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 366--CENTERS FOR INDEPENDENT LIVING--Table of Contents
 
                    Subpart F--Assurances for Centers
 
Sec.  366.50  What assurances shall a center provide and comply with?


    To be eligible for assistance under this part, an eligible agency 
shall provide satisfactory assurances that--
    (a) The applicant is an eligible agency;
    (b) The center will be designed and operated within local 
communities by individuals with disabilities, including an assurance 
that the center will have a board that is the principal governing body 
of the center and a majority of which must be composed of individuals 
with significant disabilities;
    (c) The applicant will comply with the standards in subpart G;
    (d) The applicant will establish clear priorities through--
    (1) Annual and three-year program and financial planning objectives 
for the center, including overall goals or a mission for the center;
    (2) A work plan for achieving the goals or mission, specific 
objectives, service priorities, and types of services to be provided; 
and
    (3) A description that demonstrates how the proposed activities of 
the applicant are consistent with the most recent three-year State plan 
under section 704 of the Act;
    (e) The applicant will use sound organizational and personnel 
assignment practices, including taking affirmative action to employ and 
advance in employment qualified individuals with significant 
disabilities on the same terms and conditions required with respect to 
the employment of individuals with disabilities under section 503 of the 
Act;
    (f) The applicant will ensure that the majority of the staff, and 
individuals in decision-making positions, of the applicant are 
individuals with disabilities;
    (g) The applicant will practice sound fiscal management, including 
making arrangements for an annual independent fiscal audit;
    (h) The applicant will conduct an annual self-evaluation, prepare an 
annual performance report, and maintain records adequate to measure 
performance with respect to the standards in subpart G;

[[Page 374]]

    (i) The annual performance report and the records of the center's 
performance required by paragraph (h) of this section must each contain 
information regarding, at a minimum--
    (1) The extent to which the center is in compliance with the 
standards in section 725(b) of the Act and subpart G of this part 
(Cross-reference: See Sec. Sec.  366.70(a)(2) and 366.73);
    (2) The number and types of individuals with significant 
disabilities receiving services through the center;
    (3) The types of services provided through the center and the number 
of individuals with significant disabilities receiving each type of 
service;
    (4) The sources and amounts of funding for the operation of the 
center;
    (5) The number of individuals with significant disabilities who are 
employed by, and the number who are in management and decision-making 
positions in, the center;
    (6) The number of individuals from minority populations who are 
employed by, and the number who are in management and decision-making 
positions in, the center; and
    (7) A comparison, if appropriate, of the activities of the center in 
prior years with the activities of the center in most recent years;
    (j) Individuals with significant disabilities who are seeking or 
receiving services at the center will be notified by the center of the 
existence of, the availability of, and how to contact the client 
assistance program;
    (k) Aggressive outreach regarding services provided through the 
center will be conducted in an effort to reach populations of 
individuals with significant disabilities that are unserved or 
underserved by programs under title VII of the Act, especially minority 
groups and urban and rural populations;
    (l) Staff at centers will receive training on how to serve unserved 
and underserved populations, including minority groups and urban and 
rural populations;
    (m) The center will submit to the SILC a copy of its approved grant 
application and the annual performance report required under paragraph 
(h) of this section;
    (n) The center will prepare and submit to the DSU, if the center 
received a grant from the Director, or to the Secretary, if the center 
received a grant from the Secretary, within 90 days of the end of each 
fiscal year, the annual performance report that is required to be 
prepared pursuant to paragraph (h) of this section and that contains the 
information described in paragraph (i) of this section; and
    (o) An IL plan as described in section 704(e) of the Act will be 
developed for each individual who will receive services under this part 
unless the individual signs a waiver stating that an IL plan is 
unnecessary.

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

(Authority: 29 U.S.C. 796f-4)