[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: 34CFR381.5]

[Page 436-437]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 381--PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS--Table of Contents
 
                           Subpart A--General
 
Sec.  381.5  What definitions apply?

    (a) Definitions in EDGAR. The following terms used in this part are 
defined in 34 CFR 77.1:

Award
EDGAR
Fiscal year
Nonprofit
Private
Public
Secretary

    (b) Other definitions. The following definitions also apply to this 
part:
    Act means the Rehabilitation Act of 1973, as amended.
    Advocacy means pleading an individual's cause or speaking or writing 
in support of an individual. Advocacy may be formal, as in the case of a 
lawyer representing an individual in a court of law or in formal 
administrative proceedings before government agencies (whether State, 
local or Federal). Advocacy also may be informal, as in the case of a 
lawyer or non-lawyer representing an individual in negotiations, 
mediation, or informal administrative proceedings before government 
agencies (whether State, local or Federal), or as in the case of a 
lawyer or non-lawyer representing an individual's cause before private 
entities or organizations, or government agencies (whether State, local 
or Federal). Advocacy may be on behalf of--
    (1) A single individual, in which case it is individual advocacy;
    (2) More than one individual or a group or class of individuals, in 
which case it is systems (or systemic) advocacy; or
    (3) Oneself, in which case it is self advocacy.
    Eligible individual with a disability means an individual who--
    (1) Needs protection and advocacy services that are beyond the scope 
of services authorized to be provided by the CAP under section 112 of 
the Act; and
    (2) Is ineligible for--
    (i) Protection and advocacy programs under part C of the DDA; and
    (ii) Protection and advocacy programs under the PAIMI.
    Eligible system means a protection and advocacy system that is 
established under part C of the DDA, 42 U.S.C. 6041-6043, and that meets 
the requirements of Sec.  381.10 of this part.
    Mediation means the act or process of using an independent third 
party to act as a mediator, intermediary, or conciliator to settle 
differences or disputes between persons or parties. The third party who 
acts as a mediator, intermediary, or conciliator must not be any entity 
or individual who is connected in any way with the eligible system or 
the agency, entity, or individual with whom the individual with a 
disability has a dispute. Mediation may involve the use of professional 
mediators or any other independent third party mutually agreed to by the 
parties to the dispute.
    State means, in addition to each of the several States of the United 
States, the District of Columbia, the Commonwealth of Puerto Rico, the 
United States Virgin Islands, Guam, American

[[Page 437]]

Samoa, the Commonwealth of the Northern Mariana Islands, and the 
Republic of Palau (until the Compact of Free Association takes effect), 
except for purposes of the section 509(c)(3)(B) and (c)(4) of the Act, 
in which case State does not mean or include Guam, American Samoa, the 
United States Virgin Islands, the Commonwealth of the Northern Mariana 
Islands, and the Republic of Palau.

(Authority: Secs. 12 and 509 of the Act; 29 U.S.C. 711(c) and 794e)

[58 FR 43022, Aug. 12, 1993, as amended at 59 FR 8344, Feb. 18, 1994]