[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: 34CFR370.20]

[Page 397-398]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 370--CLIENT ASSISTANCE PROGRAM--Table of Contents
 
             Subpart C--How Does a State Apply for a Grant?
 
Sec.  370.20  What must be included in a request for a grant?


    (a) Each State seeking assistance under this part shall submit to 
the Secretary, in writing, each fiscal year, an

[[Page 398]]

application that includes, at a minimum--
    (1) The name of the designated agency; and
    (2) An assurance that the designated agency meets the independence 
requirement of section 112(c)(1)(A) of the Act and Sec.  370.2(c), or 
that the State is exempted from that requirement under section 
112(c)(1)(A) of the Act and Sec.  370.2(d).
    (b)(1) Each State also shall submit to the Secretary an assurance 
that the designated agency has the authority to pursue legal, 
administrative, and other appropriate remedies to ensure the protection 
of the rights of clients or client applicants within the State.
    (2) The authority to pursue remedies described in paragraph (b)(1) 
of this section must include the authority to pursue those remedies 
against the State vocational rehabilitation agency and other appropriate 
State agencies. The designated agency meets this requirement if it has 
the authority to pursue those remedies either on its own behalf or by 
obtaining necessary services, such as legal representation, from outside 
sources.
    (c) Each State also shall submit to the Secretary assurances that--
    (1) All entities conducting, administering, operating, or carrying 
out programs within the State that provide services under the Act to 
individuals with disabilities in the State will advise all clients and 
client applicants of the existence of the CAP, the services provided 
under the program, and how to contact the designated agency;
    (2) The designated agency will meet each of the requirements in this 
part; and
    (3) The designated agency will provide the Secretary with the annual 
report required by section 112(g)(4) of the Act and Sec.  370.44.
    (d) To allow a designated agency to receive direct payment of funds 
under this part, a State must provide to the Secretary, as part of its 
application for assistance, an assurance that direct payment to the 
designated agency is not prohibited by or inconsistent with State law, 
regulation, or policy.

(Approved by the Office of Management and Budget under control number 
1820-0520)

(Authority: 29 U.S.C. 732 (b) and (f))