[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1386.30]

[Page 398-399]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1386--FORMULA GRANT PROGRAMS--Table of Contents
 
   Subpart C--Federal Assistance to State Developmental Disabilities 
                                Councils
 
Sec. 1386.30  State plan requirements.


    (a) In order to receive Federal financial assistance under this 
subpart, each State Developmental Disabilities Council must prepare and 
submit to the Secretary, and have in effect, a State Plan which meets 
the requirements of sections 122 and 124 of the Act (42 U.S.C. 6022 and 
6024) and these regulations. Development of the State Plan and 
applicable annual amendments are responsibilities of the State 
Developmental Disabilities Council. The Council will provide 
opportunities for public input during the planning and development of 
the State Plan and will consult with the Designated State Agency to 
determine that the plan is not in conflict with applicable State laws 
and to obtain appropriate State Plan assurances.
    (b) Failure to comply with State plan requirements may result in 
loss of Federal funds as described in section 127 of the Act (42 U.S.C. 
6027).
    (c) The State plan may be submitted in any format the State selects 
as long as the items contained in the Act are addressed. The plan must:
    (1) Identify the program unit(s) within the Designated State Agency 
responsible for helping the Council to obtain assurances and fiscal and 
other support services.
    (2) Identify the priority areas selected by the Council and by the 
State in which 65% of Federal allotment will be expended.
    (3) Where applicable, describe activities in which the State's 
Developmental Disabilities Council, Protection and Advocacy System 
agency, and University Affiliated Program(s) collaborate to remove 
barriers or address critical issues within the State and bring about 
broad systems changes to benefit individuals with developmental 
disabilities and, as appropriate, individuals with other disabilities.
    (d) The State plan must be reviewed at least once every three years.
    (e) (1) The State Plan may provide for funding projects to 
demonstrate new approaches to direct services which enhance the 
independence, productivity, and integration and inclusion into the 
community of individuals with developmental disabilities. Direct service 
demonstrations must be short-term and include a strategy to locate on-
going funding from other sources. For each demonstration funded, the 
State Plan must include an estimated period of the project's duration 
and a brief description of how the services will be continued without 
Federal developmental disabilities program funds. Council funds may not 
be used to fund on-going services which should be paid for by the State 
or other sources.
    (2) The State plan may provide for funding of other projects or 
activities, including but not limited to, studies, evaluation, outreach, 
advocacy, self-advocacy, training, community supports, public education, 
and prevention. Where extended periods of time are needed to achieve 
desired results, these projects and activities need not be time-limited.
    (f) The State Plan must contain assurances that:
    (1) The State will comply with all applicable Federal statutes and 
regulations in effect during the time that the State is receiving 
formula grant funding;
    (2) The human rights of individuals with developmental disabilities 
will be protected consistent with section 110 of the Act (42 U.S.C. 
6009).
    (3) Buildings used in connection with activities assisted under the 
Plan must meet all applicable provisions of Federal and State laws 
pertaining to accessibility, fire, health and safety standards.

[[Page 399]]

    (4) The State Developmental Disabilities Council shall follow the 
requirements of section 124(c) (8), (9) and (10) of the Act regarding 
budgeting, staff hiring and supervision and staff assignment. Budget 
expenditures must be consistent with applicable State laws and policies 
regarding grants and contracts and proper accounting and bookkeeping 
practices and procedures. In relation to staff hiring, the clause 
``consistent with State law'' in section 124(c)(9) means that the hiring 
of State Developmental Disabilities Council staff must be done in 
accordance with State personnel policies and procedures except that a 
State shall not apply hiring freezes, reductions in force, prohibitions 
on staff travel, or other policies, to the extent that such policies 
would impact staff or functions funded with Federal funds and would 
prevent the Council from carrying out its functions under the Act.

(Information collection requirements contained in paragraph (c) under 
control number 0980-0162 and paragraph (e) under control number 0980-
0139 are approved by the Office of Management and Budget)

[49 FR 11779, Mar. 27, 1984, as amended at 52 FR 44847, Nov. 20, 1987; 
54 FR 47985, Nov. 20, 1989; 61 FR 51159, Sept. 30, 1996]