[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: 45CFR1388.4]

[Page 410-411]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1388--THE UNIVERSITY AFFILIATED PROGRAMS--Table of Contents
 
Sec. 1388.4  Program criteria--governance and administration.

    (a) Introduction to governance and administration: The UAP must be 
associated with, or an integral part of, a university and promote the 
independence, productivity, integration, and inclusion of individuals 
with developmental disabilities and their families. (The concept of 
``diverse network'' as defined in Sec. 1388.1 of this part applies to 
paragraphs (b), (c), (d), (i), and (l) of this section.)
    (b) The UAP must have a written agreement or charter with the 
university that specifies the UAP designation as an official university 
component, the relationships between the UAP and other university 
components, the university commitment to the UAP, and the UAP commitment 
to the university.
    (c) Within the university, the UAP must maintain the autonomy and 
organizational structure required to carry out the UAP mission and 
provide for the mandated activities.
    (d) The UAP must report directly to a University administrator who 
will represent the interests of the UAP within the University.
    (e) The University must demonstrate its support for the UAP through 
the commitment of financial and other resources.
    (f) UAP senior professional staff must hold faculty appointments in 
appropriate academic departments of the host or an affiliated 
university, consistent with university policy. UAP senior professional 
staff contribute to the university by participation on university 
committees, collaboration with other university departments, and other 
university community activities.
    (g) UAP faculty and staff must represent the broad range of 
disciplines and backgrounds necessary to implement the full inclusion of 
individuals with developmental disabilities in all aspects of society, 
consonant with the spirit of the Americans with Disabilities Act (ADA).
    (h) The UAP must meet the requirements of section 109 of the Act [42 
U.S.C. 6008] regarding affirmative action. The UAP must take affirmative 
action to employ and advance in employment and otherwise treat qualified 
individuals with disabilities without discrimination based upon their 
physical or mental disability in all employment practices.
    (i) The management practices of the UAP, as well as the 
organizational structure, must promote the role of the UAP as a bridge 
between the University and the community. The UAP must actively 
participate in community networks and include a range of collaborating 
partners.
    (j) The UAP's Consumer Advisory Committee must meet regularly. The 
membership of the Consumer Advisory Committee must reflect the racial 
and ethnic diversity of the State or community in which the UAP is 
located. The deliberations of the Consumer Advisory Committee must be 
reflected in UAP policies and programs.
    (k) The UAP must maintain collaborative relationships with the State 
Developmental Disabilities Council and the Protection and Advocacy 
agency. In addition, the UAP must be a member of the State Developmental 
Disabilities Council and participate in Council meetings and activities, 
as prescribed by the Act.
    (l) The UAP must maintain collaborative relationships and be an 
active participant with the UAP network and individuals, organizations, 
State agencies and Universities.
    (m) The UAP must demonstrate the ability to leverage resources.
    (n) The UAP must have adequate space to carry out the mandated 
activities.
    (o) The UAP physical facility and all program initiatives conducted 
by the UAP must be accessible to individuals with disabilities as 
provided for by section 504 of the Rehabilitation Act and Titles II and 
III of the Americans with Disabilities Act.
    (p) The UAP must integrate the mandated core functions into its 
activities

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and programs and must have a written plan for each core function area.
    (q) The UAP must have in place a long range planning capability to 
enable the UAP to respond to emergent and future developments in the 
field.
    (r) The UAP must utilize state-of-the-art methods, including the 
active participation of individuals, families and other consumers of UAP 
programs and services to evaluate programs. The UAP must refine and 
strengthen its programs based on evaluation findings.
    (s) The UAP Director must demonstrate commitment to the field of 
developmental disabilities and leadership and vision in carrying out the 
mission of the UAP.