[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: 34CFR361.16]



[Page 258-259]

 

                           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.  361.16  Establishment of an independent commission or a state 

rehabilitation council.



    (a) General requirement. Except as provided in paragraph (b) of this 

section, the State plan must contain one of the following two 

assurances:

    (1) An assurance that the designated State agency is an independent 

State commission that--

    (i) Is responsible under State law for operating, or overseeing the 

operation of, the vocational rehabilitation program in the State and is 

primarily concerned with vocational rehabilitation or vocational and 

other rehabilitation services, in accordance with Sec.  361.13(a)(1)(i);

    (ii) Is consumer-controlled by persons who--

    (A) Are individuals with physical or mental impairments that 

substantially limit major life activities; and

    (B) Represent individuals with a broad range of disabilities, unless 

the designated State unit under the direction of the commission is the 

State agency for individuals who are blind;

    (iii) Includes family members, advocates, or other representatives 

of individuals with mental impairments; and

    (iv) Conducts the functions identified in Sec.  361.17(h)(4).

    (2) An assurance that--

    (i) The State has established a State Rehabilitation Council 

(Council) that meets the requirements of Sec.  361.17;

    (ii) The designated State unit, in accordance with Sec.  361.29, 

jointly develops, agrees to, and reviews annually State goals and 

priorities and jointly submits to the Secretary annual reports of 

progress with the Council;

    (iii) The designated State unit regularly consults with the Council 

regarding the development, implementation, and revision of State 

policies and procedures of general applicability pertaining to the 

provision of vocational rehabilitation services;



[[Page 259]]



    (iv) The designated State unit transmits to the Council--

    (A) All plans, reports, and other information required under this 

part to be submitted to the Secretary;

    (B) All policies and information on all practices and procedures of 

general applicability provided to or used by rehabilitation personnel 

providing vocational rehabilitation services under this part; and

    (C) Copies of due process hearing decisions issued under this part 

and transmitted in a manner to ensure that the identity of the 

participants in the hearings is kept confidential; and

    (v) The State plan, and any revision to the State plan, includes a 

summary of input provided by the Council, including recommendations from 

the annual report of the Council, the review and analysis of consumer 

satisfaction described in Sec.  361.17(h)(4), and other reports prepared 

by the Council, and the designated State unit's response to the input 

and recommendations, including explanations of reasons for rejecting any 

input or recommendation of the Council.

    (b) Exception for separate State agency for individuals who are 

blind. In the case of a State that designates a separate State agency 

under Sec.  361.13(a)(3) to administer the part of the State plan under 

which vocational rehabilitation services are provided to individuals who 

are blind, the State must either establish a separate State 

Rehabilitation Council for each agency that does not meet the 

requirements in paragraph (a)(1) of this section or establish one State 

Rehabilitation Council for both agencies if neither agency meets the 

requirements of paragraph (a)(1) of this section.



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

1820-0500)



(Authority: Sections 101(a)(21) of the Act; 29 U.S.C. 721(a)(21))



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