[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

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

[CITE: 34CFR361.13]



[Page 256-257]

 

                           TITLE 34--EDUCATION

 

 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 

                         DEPARTMENT OF EDUCATION

 

PART 361_STATE VOCATIONAL REHABILITATION SERVICES PROGRAM--Table of 

Contents

 

       Subpart B_State Plan and Other Requirements for Vocational 

                         Rehabilitation Services

 

Sec.  361.13  State agency for administration.



    (a) Designation of State agency. The State plan must designate a 

State agency as the sole State agency to administer the State plan, or 

to supervise its administration in a political subdivision of the State 

by a sole local agency, in accordance with the following requirements:



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    (1) General. Except as provided in paragraphs (a)(2) and (3) of this 

section, the State plan must provide that the designated State agency is 

one of the following types of agencies:

    (i) A State agency that is primarily concerned with vocational 

rehabilitation or vocational and other rehabilitation of individuals 

with disabilities; or

    (ii) A State agency that includes a vocational rehabilitation unit 

as provided in paragraph (b) of this section.

    (2) American Samoa. In the case of American Samoa, the State plan 

must designate the Governor.

    (3) Designated State agency for individuals who are blind. If a 

State commission or other agency that provides assistance or services to 

individuals who are blind is authorized under State law to provide 

vocational rehabilitation services to individuals who are blind, and 

this commission or agency is primarily concerned with vocational 

rehabilitation or includes a vocational rehabilitation unit as provided 

in paragraph (b) of this section, the State plan may designate that 

agency as the sole State agency to administer the part of the plan under 

which vocational rehabilitation services are provided for individuals 

who are blind or to supervise its administration in a political 

subdivision of the State by a sole local agency.

    (b) Designation of State unit. (1) If the designated State agency is 

not of the type specified in paragraph (a)(1)(i) of this section or if 

the designated State agency specified in paragraph (a)(3) of this 

section is not primarily concerned with vocational rehabilitation or 

vocational and other rehabilitation of individuals with disabilities, 

the State plan must assure that the agency (or each agency if two 

agencies are designated) includes a vocational rehabilitation bureau, 

division, or unit that--

    (i) Is primarily concerned with vocational rehabilitation or 

vocational and other rehabilitation of individuals with disabilities and 

is responsible for the administration of the State agency's vocational 

rehabilitation program under the State plan;

    (ii) Has a full-time director;

    (iii) Has a staff, at least 90 percent of whom are employed full 

time on the rehabilitation work of the organizational unit; and

    (iv) Is located at an organizational level and has an organizational 

status within the State agency comparable to that of other major 

organizational units of the agency.

    (2) In the case of a State that has not designated a separate State 

agency for individuals who are blind, as provided for in paragraph 

(a)(3) of this section, the State may assign responsibility for the part 

of the plan under which vocational rehabilitation services are provided 

to individuals who are blind to one organizational unit of the 

designated State agency and may assign responsibility for the rest of 

the plan to another organizational unit of the designated State agency, 

with the provisions of paragraph (b)(1) of this section applying 

separately to each of these units.

    (c) Responsibility for administration. (1) At a minimum, the 

following activities are the responsibility of the designated State unit 

or the sole local agency under the supervision of the State unit:

    (i) All decisions affecting eligibility for vocational 

rehabilitation services, the nature and scope of available services, and 

the provision of these services.

    (ii) The determination to close the record of services of an 

individual who has achieved an employment outcome in accordance with 

Sec.  361.56.

    (iii) Policy formulation and implementation.

    (iv) The allocation and expenditure of vocational rehabilitation 

funds.

    (v) Participation as a partner in the One-Stop service delivery 

system under Title I of the Workforce Investment Act of 1998, in 

accordance with 20 CFR part 662.

    (2) The responsibility for the functions described in paragraph 

(c)(1) of this section may not be delegated to any other agency or 

individual.



(Approved by the Office of Management and Budget under control number 

1820-0500)



(Authority: Section 101(a)(2) of the Act; 29 U.S.C. 721(a)(2))



[66 FR 4382, Jan. 17, 2001, as amended at 66 FR 7253, Jan. 22, 2001]



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