[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR371.21]

[Page 367-368]
 
                           TITLE 34--EDUCATION
 
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
 
PART 371_VOCATIONAL REHABILITATION SERVICE PROJECTS FOR AMERICAN
INDIANS WITH DISABILITIES--Table of Contents
 
                Subpart C_How Does One Apply for a Grant?
 
Sec.  371.21  What are the special application requirements related to the State plan program?

    Each applicant under this program must provide evidence that--
    (a) Effort will be made to provide a broad scope of vocational 
rehabilitation services in a manner and at a level of quality at least 
comparable to those services provided by the designated State unit under 
34 CFR part 361.


(Authority: Sec.   12(c) of the Act; 29 U.S.C. 711(c))

    (b) All decisions affecting eligibility for and the nature and scope 
of vocational rehabilitation services to be provided, and the provision 
of these services, will be made by the tribal vocational rehabilitation 
program through its vocational rehabilitation unit and will not be 
delegated to another agency or individual.


(Authority: Secs. 12(c) and 101(a) of the Act; 29 U.S.C. 711(c) and 
721(a))

    (c) Priority in the delivery of vocational rehabilitation service 
will be given to those American Indians with disabilities who are the 
most severely disabled.


(Authority: Secs. 12(c) and 101(a)(5) of the Act; 29 U.S.C. 711(c) and 
721(a)(5))

    (d) An order of selection of individuals with disabilities to be 
served under the program will be specified if services cannot be 
provided to all eligible American Indians with disabilities who apply.


(Authority: Secs. 12(c) and 101(a)(5) of the Act; 29 U.S.C. 711(c) and 
721(a)(5))

    (e) All vocational rehabilitation services will be provided 
according to an individualized written rehabilitation program which has 
been developed jointly by the representative of the service providing 
organization and each American Indian with disabilities being served.


(Authority: Secs. 12(c) and 101(a)(9) of the Act; 29 U.S.C. 711(c) and 
721(a)(9))

    (f) American Indians with disabilities living on Federal or State 
reservations where service programs are being carried out under this 
part will have an opportunity to participate in matters of general 
policy development and implementation affecting vocational 
rehabilitation service delivery on the reservation.


(Authority: Secs. 12(c) and 101(a)(18) of the Act; 29 U.S.C. 711(c) and 
721(a)(18))

    (g) Cooperative working arrangements will be developed with the 
designated State unit, or designated State units, as appropriate, which 
are providing vocational rehabilitation services to other individuals 
with disabilities who reside in the State or States being served.


(Authority: Secs. 12(c) and 101(a)(11) of the Act; 29 U.S.C. 711(c) and 
721(a)(11))

    (h) Any similar benefits available to American Indians with 
disabilities under any other program which might meet in whole or in 
part the cost of any vocational rehabilitation service will be fully 
considered in the provision of vocational rehabilitation services in 
accordance with 34 CFR part 361.


(Authority: Secs. 12(c) and 101(a)(8) of the Act; 29 U.S.C. 711(c) and 
721(a)(8))

    (i) Any American Indian with disabilities who is an applicant or 
recipient of services, and who is dissatisfied with a determination made 
by a counselor or coordinator under this program and files a request for 
a review, will be afforded a review under procedures developed by the 
grantee comparable to those under the provisions of section 102(d) (1)-
(3) of the Act.


(Authority: Secs. 12(c) and 102(d) of the Act; 29 U.S.C. 711(c) and 
722(d))

    (j) Minimum standards will be established for community 
rehabilitation programs and providers of service which will be 
comparable to the standards set by the designated State unit

[[Page 368]]

or designated State units in the State or States in which the program is 
to be provided; and


(Authority: Secs. 12(c) and 101(a) (6) and (7) of the Act; 29 U.S.C. 
711(c) and 721(a) (6) and (7))

    (k) Maximum use will be made of public or other vocational or 
technical training facilities or other appropriate community resources.

(Authority: Secs. 12(c) and 101(a)(12) of the Act; 29 U.S.C. 711(c) and 
721(a)(12))

[46 FR 5423, Jan. 19, 1981, as amended at 52 FR 30555, Aug. 14, 1987; 59 
FR 8337, 8338, Feb. 18, 1994]