[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: 34CFR361.29]



[Page 269-271]

 

                           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.  361.29  Statewide assessment; annual estimates; annual State goals 

and priorities; strategies; and progress reports.



    (a) Comprehensive statewide assessment. (1) The State plan must 

include--

    (i) The results of a comprehensive, statewide assessment, jointly 

conducted by the designated State unit and the State Rehabilitation 

Council (if the State unit has a Council) every 3 years describing the 

rehabilitation needs of individuals with disabilities residing within 

the State, particularly the vocational rehabilitation services needs 

of--

    (A) Individuals with the most significant disabilities, including 

their need for supported employment services;

    (B) Individuals with disabilities who are minorities and individuals 

with disabilities who have been unserved or underserved by the 

vocational rehabilitation program carried out under this part; and

    (C) Individuals with disabilities served through other components of 

the statewide workforce investment system as identified by those 

individuals and personnel assisting those individuals through the 

components of the system; and

    (ii) An assessment of the need to establish, develop, or improve 

community rehabilitation programs within the State.

    (2) The State plan must assure that the State will submit to the 

Secretary a report containing information regarding updates to the 

assessments under paragraph (a) of this section for any year in which 

the State updates the assessments.

    (b) Annual estimates. The State plan must include, and must assure 

that the State will annually submit a report to the Secretary that 

includes, State estimates of--

    (1) The number of individuals in the State who are eligible for 

services under this part;

    (2) The number of eligible individuals who will receive services 

provided with funds provided under part B of Title I of the Act and 

under part B of Title VI of the Act, including, if the designated State 

agency uses an order of selection in accordance with Sec.  361.36, 

estimates of the number of individuals to be served under each priority 

category within the order; and

    (3) The costs of the services described in paragraph (b)(1) of this 

section, including, if the designated State agency uses an order of 

selection, the service costs for each priority category within the 

order.

    (c) Goals and priorities--(1) In general. The State plan must 

identify the goals



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and priorities of the State in carrying out the program.

    (2) Council. The goals and priorities must be jointly developed, 

agreed to, reviewed annually, and, as necessary, revised by the 

designated State unit and the State Rehabilitation Council, if the State 

unit has a Council.

    (3) Submission. The State plan must assure that the State will 

submit to the Secretary a report containing information regarding 

revisions in the goals and priorities for any year in which the State 

revises the goals and priorities.

    (4) Basis for goals and priorities. The State goals and priorities 

must be based on an analysis of--

    (i) The comprehensive statewide assessment described in paragraph 

(a) of this section, including any updates to the assessment;

    (ii) The performance of the State on the standards and indicators 

established under section 106 of the Act; and

    (iii) Other available information on the operation and the 

effectiveness of the vocational rehabilitation program carried out in 

the State, including any reports received from the State Rehabilitation 

Council under Sec.  361.17(h) and the findings and recommendations from 

monitoring activities conducted under section 107 of the Act.

    (5) Service and outcome goals for categories in order of selection. 

If the designated State agency uses an order of selection in accordance 

with Sec.  361.36, the State plan must identify the State's service and 

outcome goals and the time within which these goals may be achieved for 

individuals in each priority category within the order.

    (d) Strategies. The State plan must describe the strategies the 

State will use to address the needs identified in the assessment 

conducted under paragraph (a) of this section and achieve the goals and 

priorities identified in paragraph (c) of this section, including--

    (1) The methods to be used to expand and improve services to 

individuals with disabilities, including how a broad range of assistive 

technology services and assistive technology devices will be provided to 

those individuals at each stage of the rehabilitation process and how 

those services and devices will be provided to individuals with 

disabilities on a statewide basis;

    (2) Outreach procedures to identify and serve individuals with 

disabilities who are minorities and individuals with disabilities who 

have been unserved or underserved by the vocational rehabilitation 

program;

    (3) As applicable, the plan of the State for establishing, 

developing, or improving community rehabilitation programs;

    (4) Strategies to improve the performance of the State with respect 

to the evaluation standards and performance indicators established 

pursuant to section 106 of the Act; and

    (5) Strategies for assisting other components of the statewide 

workforce investment system in assisting individuals with disabilities.

    (e) Evaluation and reports of progress. (1) The State plan must 

include--

    (i) The results of an evaluation of the effectiveness of the 

vocational rehabilitation program; and

    (ii) A joint report by the designated State unit and the State 

Rehabilitation Council, if the State unit has a Council, to the 

Secretary on the progress made in improving the effectiveness of the 

program from the previous year. This evaluation and joint report must 

include--

    (A) An evaluation of the extent to which the goals and priorities 

identified in paragraph (c) of this section were achieved;

    (B) A description of the strategies that contributed to the 

achievement of the goals and priorities;

    (C) To the extent to which the goals and priorities were not 

achieved, a description of the factors that impeded that achievement; 

and

    (D) An assessment of the performance of the State on the standards 

and indicators established pursuant to section 106 of the Act.

    (2) The State plan must assure that the designated State unit and 

the State Rehabilitation Council, if the State unit has a Council, will 

jointly



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submit to the Secretary an annual report that contains the information 

described in paragraph (e)(1) of this section.



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

1820-0500)



(Authority: Section 101(a)(15) of the Act; 29 U.S.C. 721(a)(15))



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