[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1388.4]



[Page 360-361]

 

                        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.