[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: 34CFR361.26]



[Page 268]

 

                           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.  361.26  Waiver of statewideness.



    (a) Availability. The State unit may provide services in one or more 

political subdivisions of the State that increase services or expand the 

scope of services that are available statewide under the State plan if--

    (1) The non-Federal share of the cost of these services is met from 

funds provided by a local public agency, including funds contributed to 

a local public agency by a private agency, organization, or individual;

    (2) The services are likely to promote the vocational rehabilitation 

of substantially larger numbers of individuals with disabilities or of 

individuals with disabilities with particular types of impairments; and

    (3) For purposes other than those specified in Sec.  361.60(b)(3)(i) 

and consistent with the requirements in Sec.  361.60(b)(3)(ii), the 

State includes in its State plan, and the Secretary approves, a waiver 

of the statewideness requirement, in accordance with the requirements of 

paragraph (b) of this section.

    (b) Request for waiver. The request for a waiver of statewideness 

must--

    (1) Identify the types of services to be provided;

    (2) Contain a written assurance from the local public agency that it 

will make available to the State unit the non-Federal share of funds;

    (3) Contain a written assurance that State unit approval will be 

obtained for each proposed service before it is put into effect; and

    (4) Contain a written assurance that all other State plan 

requirements, including a State's order of selection requirements, will 

apply to all services approved under the waiver.



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

1820-0500)



(Authority: Section 101(a)(4) of the Act; 29 U.S.C. 721(a)(4))



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