84.177 INDPENDENT LIVING SERVICERS FOR OLDER INDIVIDUALS WHO ARE BLIND 34 CFR PART 367
[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: 34CFR367.1]
[Page 354-355]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 367_INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
--Table of Contents
Subpart A_General
Sec. 367.1 What is the Independent Living Services for Older Individuals
Who Are Blind program?
Subpart A_General
Sec.
367.1 What is the Independent Living Services for Older Individuals Who
Are Blind program?
367.2 Who is eligible for an award?
367.3 What activities may the Secretary fund?
367.4 What regulations apply?
367.5 What definitions apply?
Subpart B_What Are the Application Requirements?
367.10 How does a designated State agency (DSA) apply for an award?
[[Page 355]]
367.11 What assurances must a DSA include in its application?
Subpart C_How Does the Secretary Award Discretionary Grants on a
Competitive Basis?
367.20 Under what circumstances does the Secretary award discretionary
grants on a competitive basis to States?
367.21 How does the Secretary evaluate an application for a
discretionary grant?
367.22 What selection criteria does the Secretary use?
367.23 What additional factor does the Secretary consider?
Subpart D_How Does the Secretary Award Contingent Formula Grants?
367.30 Under what circumstances does the Secretary award contingent
formula grants to States?
367.31 How are allotments made?
367.32 How does the Secretary reallot funds under section 752(j)(4) of
the Act?
Subpart E_What Conditions Must Be Met After an Award?
367.40 What matching requirements apply?
367.41 When may a DSA award grants or contracts?
367.42 When does the Secretary award noncompetitive continuation grants?
Authority: 29 U.S.C. 796k, unless otherwise noted.
Source: 59 FR 41909, Aug. 15, 1994, unless otherwise noted.
This program supports projects that--
(a) Provide any of the independent living (IL) services to older
individuals who are blind that are described in Sec. 367.3(b);
(b) Conduct activities that will improve or expand services for
these individuals; and
(c) Conduct activities to help improve public understanding of the
problems of these individuals.
(Authority: 29 U.S.C. 796k(a) and (b))
[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: 34CFR367.2]
[Page 355]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 367_INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
--Table of Contents
Subpart A_General
Sec. 367.2 Who is eligible for an award?
Any designated State agency (DSA) is eligible for an award under
this program if the DSA--
(a) Is authorized to provide rehabilitation services to individuals
who are blind; and
(b) Submits to and obtains approval from the Secretary of an
application that meets the requirements of section 752(i) of the Act and
Sec. Sec. 367.10 and 367.11.
(Authority: 29 U.S.C. 796k(a)(2))
[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: 34CFR367.3]
[Page 355]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 367_INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
--Table of Contents
Subpart A_General
Sec. 367.3 What activities may the Secretary fund?
(a) The DSA may use funds awarded under this part for the activities
described in Sec. 367.1 and paragraph (b) of this section.
(b) For purposes of Sec. 367.1(a), IL services for older
individuals who are blind include--
(1) Services to help correct blindness, such as--
(i) Outreach services;
(ii) Visual screening;
(iii) Surgical or therapeutic treatment to prevent, correct, or
modify disabling eye conditions; and
(iv) Hospitalization related to these services;
(2) The provision of eyeglasses and other visual aids;
(3) The provision of services and equipment to assist an older
individual who is blind to become more mobile and more self-sufficient;
(4) Mobility training, Braille instruction, and other services and
equipment to help an older individual who is blind adjust to blindness;
(5) Guide services, reader services, and transportation;
(6) Any other appropriate service designed to assist an older
individual who is blind in coping with daily living activities,
including supportive services and rehabilitation teaching services;
(7) IL skills training, information and referral services, peer
counseling, and individual advocacy training; and
(8) Other IL services, as defined in section 7(30) of the Act and as
listed in 34 CFR 365.22.
(Authority: 29 U.S.C. 796k (d) and (e))
[[Page 356]]
[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: 34CFR367.4]
[Page 356]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 367_INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
--Table of Contents
Subpart A_General
Sec. 367.4 What regulations apply?
The following regulations apply to the Independent Living Services
for Older Individuals Who Are Blind program:
(a) The Education Department General Administrative Regulations
(EDGAR) as follows:
(1) 34 CFR part 74 (Administration of Grants to Institutions of
Higher Education, Hospitals, and Nonprofit Organizations), with respect
to subgrants to an entity that is not a State or local government or
Indian tribal organization.
(2) 34 CFR part 75 (Direct Grant Programs), with respect to grants
under subpart C.
(3) 34 CFR part 76 (State-Administered Programs), with respect to
grants under subpart D.
(4) 34 CFR part 77 (Definitions That Apply to Department
Regulations).
(5) 34 CFR part 79 (Intergovernmental Review of Department of
Education Programs and Activities).
(6) 34 CFR part 80 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments).
(7) 34 CFR part 81 (General Education Provisions Act--Enforcement).
(8) 34 CFR part 82 (New Restrictions on Lobbying).
(9) 34 CFR part 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace
(Grants)).
(10) 34 CFR part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this part 367.
(c) The following provisions in 34 CFR part 364:
(1) Section 364.4 (What definitions apply?).
(2) Section 364.5 (What is program income and how may it be used?)
(3) Section 364.6 (What requirements apply to the obligation of
Federal funds and program income?)
(4) Section 364.30 (What notice must be given about the Client
Assistance Program (CAP)?).
(5) Section 364.37 (What access to records must be provided?).
(6) Section 364.56 (What are the special requirements pertaining to
the protection, use, and release of personal information?).
(d) The following provisions in 34 CFR part 365:
(1) Section 365.13 (What requirements apply if the State's non-
Federal share is in cash?).
(2) Section 365.14 (What conditions relating to cash or in-kind
contributions apply to awards to grantees, subgrantees, or
contractors?).
(3) Section 365.15 (What requirements apply if the State's non-
Federal share is in kind?).
(4) Section 365.16 (What requirements apply to refunds and
rebates?).
(Authority: 29 U.S.C. 711(c) and 796k)
[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: 34CFR367.5]
[Page 356]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 367_INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
--Table of Contents
Subpart A_General
Sec. 367.5 What definitions apply?
In addition to the definitions in 34 CFR 364.4, the following
definitions also apply to this part:
Independent living services for older individuals who are blind
means those services listed in Sec. 367.3(b).
Older individual who is blind means an individual age fifty-five or
older whose severe visual impairment makes competitive employment
extremely difficult to obtain but for whom IL goals are feasible.
(Authority: 29 U.S.C. 711(c) and 796j)
[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: 34CFR367.10]
[Page 356]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 367_INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
--Table of Contents
Subpart B_What Are the Application Requirements?
Sec. 367.10 How does a designated State agency (DSA) apply for an award?
To receive a grant under section 752(i) or a reallotment grant under
section 752(j)(4) of the Act, a DSA must submit to and obtain approval
from the Secretary of an application for assistance under this program
at the time, in the form and manner, and containing the agreements,
assurances, and information, that the Secretary determines to be
necessary to carry out this program.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: 29 U.S.C. 796k(c)(2) and (i)(1))
[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: 34CFR367.11]
[Page 356-357]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 367_INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
--Table of Contents
Subpart B_What Are the Application Requirements?
Sec. 367.11 What assurances must a DSA include in its application?
An application for a grant under section 752(i) or a reallotment
grant under
[[Page 357]]
section 752(j)(4) of the Act must contain an assurance that--
(a) Grant funds will be expended only for the purposes described in
Sec. 367.1;
(b) With respect to the costs of the program to be carried out by
the State pursuant to this part, the State will make available, directly
or through donations from public or private entities, non-Federal
contributions toward these costs in an amount that is not less than $1
for each $9 of Federal funds provided in the grant;
(c) In carrying out Sec. 367.1(a) and (b), and consistent with 34
CFR 364.28, the DSA will seek to incorporate into and describe in the
State plan under section 704 of the Act any new methods and approaches
relating to IL services for older individuals who are blind that are
developed by projects funded under this part and that the DSA determines
to be effective;
(d) At the end of each fiscal year, the DSA will prepare and submit
to the Secretary a report, with respect to each project or program the
DSA operates or administers under this part, whether directly or through
a grant or contract, that contains, information that the Secretary
determines necessary for the proper and efficient administration of this
program, including--
(1) The number and types of older individuals who are blind,
including older individuals who are blind from minority backgrounds, and
are receiving services;
(2) The types of services provided and the number of older
individuals who are blind and are receiving each type of service;
(3) The sources and amounts of funding for the operation of each
project or program;
(4) The amounts and percentages of resources committed to each type
of service provided;
(5) Data on actions taken to employ, and advance in employment,
qualified--
(i) Individuals with significant disabilities;
(ii) Older individuals with significant disabilities who are blind;
(iii) Individuals who are members of racial or ethnic minority
groups;
(iv) Women; and
(v) Elderly individuals;
(6) A comparison, if appropriate, of prior year activities with the
activities of the most recent year; and
(7) Any new methods and approaches relating to IL services for older
individuals who are blind that are developed by projects funded under
this part;
(e) The DSA will--
(1) Provide services that contribute to the maintenance of, or the
increased independence of, older individuals who are blind; and
(2) Engage in--
(i) Capacity-building activities, including collaboration with other
agencies and organizations;
(ii) Activities to promote community awareness, involvement, and
assistance; and
(iii) Outreach efforts;
(f) The application is consistent with the State plan for providing
IL services required by section 704 of the Act and subpart C of 34 CFR
part 364; and
(g) The applicant has been designated by the State as the sole State
agency authorized to provide rehabilitation services to individuals who
are blind.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: 29 U.S.C. 711(c) and 796k(d), (f), (h), and (i))
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: 34CFR367.20]
[Page 357]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 367_INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
--Table of Contents
Subpart C_How Does the Secretary Award Discretionary Grants on a
Competitive Basis?
Sec. 367.20 Under what circumstances does the Secretary award
discretionary grants on a competitive basis to States?
(a) In the case of a fiscal year for which the amount appropriated
under section 753 of the Act is less than $13,000,000, the Secretary
awards discretionary grants under this part on a competitive basis to
States.
(b) Subparts A, B, C, and E of this part govern the award of
competitive grants under this part.
(Authority: 29 U.S.C. 796k(b)(1))
[[Page 358]]
[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: 34CFR367.21]
[Page 358]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 367_INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
--Table of Contents
Subpart C_How Does the Secretary Award Discretionary Grants on a
Competitive Basis?
Sec. 367.21 How does the Secretary evaluate an application for a
discretionary grant?
(a) The Secretary evaluates an application for a discretionary grant
on the basis of the criteria in Sec. 367.22.
(b) The Secretary awards up to 100 points for these criteria.
(c) The maximum possible score for each criterion is indicated in
parentheses.
(Authority: 29 U.S.C. 711(c) and 796k(b)(1) and (i)(1))
[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: 34CFR367.22]
[Page 358-359]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 367_INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
--Table of Contents
Subpart C_How Does the Secretary Award Discretionary Grants on a
Competitive Basis?
Sec. 367.22 What selection criteria does the Secretary use?
The Secretary uses the following criteria to evaluate an application
for a discretionary grant:
(a) Extent of need for the project (20 points). (1) The Secretary
reviews each application to determine the extent to which the project
meets the specific needs of the program, including consideration of--
(i) The needs addressed by the project;
(ii) How the applicant identified those needs;
(iii) How those needs will be met by the project; and
(iv) The benefits to be gained by meeting those needs.
(2) The Secretary reviews each application to determine--
(i) The extent that the need for IL services for older individuals
who are blind is justified, in terms of complementing or expanding
existing IL and aging programs and facilities; and
(ii) The potential of the project to support the overall mission of
the IL program, as stated in section 701 of the Act.
(b) Plan of operation (25 points). The Secretary reviews each
application to determine the quality of the plan of operation for the
project, including--
(1) The quality of the design of the project;
(2) The extent to which the plan of management ensures proper and
efficient administration of the project;
(3) How well the objectives of the project relate to the purpose of
the program;
(4) The quality and adequacy of the applicant's plan to use its
resources (including funding, facilities, equipment, and supplies) and
personnel to achieve each objective;
(5) How the applicant will ensure that project participants who are
otherwise eligible to participate are selected without regard to race,
color, national origin, gender, age, or disability;
(6) A clear description of how the applicant will provide equal
access to services for eligible project participants who are members of
groups that have been traditionally under-represented, including members
of racial or ethnic minority groups; and
(7) The extent to which the plan of operation and management
includes involvement by older individuals who are blind in planning and
conducting program activities.
(c) Quality of key personnel (10 points). (1) The Secretary reviews
each application to determine the qualifications of the key personnel
the applicant plans to use on the project, including--
(i) The qualifications of the project director;
(ii) The qualifications of each of the other management and
decision-making personnel to be used in the project;
(iii) The time that each person referred to in paragraphs (c)(1)(i)
and (ii) of this section will commit to the project;
(iv) How the applicant, as part of its nondiscriminatory employment
ractices, will ensure that its personnel are selected for employment
without regard to race, color, national origin, gender, age, or
disability; and
(v) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally under-represented, including--
(A) Members of racial or ethnic minority groups;
(B) Women;
(C) Persons with disabilities; and
(D) Elderly individuals.
(2) To determine personnel qualifications under paragraphs (c)(1)(i)
and (ii) of this section, the Secretary considers--
(i) Experience and training in fields related to the scope of the
project; and
[[Page 359]]
(ii) Any other qualifications that pertain to the objectives of the
project.
(d) Budget and cost effectiveness (5 points). The Secretary reviews
each application to determine the extent to which--
(1) The budget is adequate to support the project;
(2) Costs are reasonable in relation to the objectives of the
project; and
(3) The applicant demonstrates the cost-effectiveness of project
services in comparison with alternative services and programs available
to older individuals who are blind.
(e) Evaluation plan (5 points). The Secretary reviews each
application to determine the quality of the evaluation plan for the
project, including the extent to which the applicant's methods of
evaluation--
(1) Accurately evaluate the success and cost-effectiveness of the
project;
(2) Are objective and produce data that are quantifiable; and
(3) Will determine how successful the project is in meeting its
goals and objectives.
(4) (Cross-reference: See 34 CFR 75.590.)
(f) Adequacy of resources (5 points). The Secretary reviews each
application to determine the adequacy of the resources that the
applicant plans to devote to the project, including accessibility of
facilities, equipment, and supplies.
(g) Service comprehensiveness (20 points). (1) The Secretary reviews
each application to determine the extent to which the proposed outreach
activities promote maximum participation of the target population within
the geographic area served by the project.
(2) The Secretary reviews each application to determine the extent
to which the DSA addresses the unmet IL needs in the State of older
individuals with varying degrees of significant visual impairment. In
making this determination, the Secretary reviews the extent to which the
DSA makes available appropriate services listed in Sec. 367.3(b), which
may include any or all of the following services:
(i) Orientation and mobility skills training that will enable older
individuals who are blind to travel independently, safely, and
confidently in familiar and unfamiliar environments.
(ii) Skills training in Braille, handwriting, typewriting, or other
means of communication.
(iii) Communication aids, such as large print, cassette tape
recorders, and readers.
(iv) Training to perform daily living activities, such as meal
preparation, identifying coins and currency, selection of clothing,
telling time, and maintaining a household.
(v) Provision of low-vision services and aids, such as magnifiers to
perform reading and mobility tasks.
(vi) Family and peer counseling services to assist older individuals
who are blind adjust emotionally to the loss of vision as well as to
assist in their integration into the community and its resources.
(h) Likelihood of sustaining the program (10 points). The Secretary
reviews each application to determine--
(1) The likelihood that the service program will be sustained after
the completion of Federal project grant assistance;
(2) The extent to which the applicant intends to continue to operate
the service program through cooperative agreements and other formal
arrangements; and
(3) The extent to which the applicant will identify and, to the
extent possible, use comparable services and benefits that are available
under other programs for which project participants may be eligible.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: 29 U.S.C. 711(c) and 796k(b)(1) and (i)(1))
[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: 34CFR367.23]
[Page 359]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 367_INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
--Table of Contents
Subpart C_How Does the Secretary Award Discretionary Grants on a
Competitive Basis?
Sec. 367.23 What additional factor does the Secretary consider?
In addition to the criteria in Sec. 367.22, the Secretary considers
the geographic distribution of projects in making an award.
(Authority: 29 U.S.C. 711(c) and 796k(b)(1) and (i)(1))
[[Page 360]]
[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: 34CFR367.30]
[Page 360]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 367_INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
--Table of Contents
Subpart D_How Does the Secretary Award Contingent Formula Grants?
Sec. 367.30 Under what circumstances does the Secretary award contingent
formula grants to States?
(a) In the case of a fiscal year for which the amount appropriated
under section 753 of the Act is equal to or greater than $13,000,000,
grants under this part are made to States from allotments under section
752(c)(2) of the Act.
(b) Subparts A, B, D, and E of this part govern the award of formula
grants under this part.
(Authority: 29 U.S.C. 796k(c))
[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: 34CFR367.31]
[Page 360]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 367_INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
--Table of Contents
Subpart D_How Does the Secretary Award Contingent Formula Grants?
Sec. 367.31 How are allotments made?
(a) For purposes of making grants under section 752(c) of the Act
and this subpart, the Secretary makes an allotment to each State in an
amount determined in accordance with section 752(j) of the Act.
(b) The Secretary makes a grant to a DSA in the amount of the
allotment to the State under section 752(j) of the Act if the DSA
submits to and obtains approval from the Secretary of an application for
assistance under this program that meets the requirements of section
752(i) of the Act and Sec. Sec. 367.10 and 367.11.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: 29 U.S.C. 796k(c)(2))
[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: 34CFR367.32]
[Page 360]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 367_INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
--Table of Contents
Subpart D_How Does the Secretary Award Contingent Formula Grants?
Sec. 367.32 How does the Secretary reallot funds under section 752(j)(4)
of the Act?
(a) From the amounts specified in paragraph (b) of this section, the
Secretary may make reallotment grants to States, as determined by the
Secretary, whose population of older individuals who are blind has a
substantial need for the services specified in section 752(d) of the Act
and Sec. 367.3(b), relative to the populations in other States of older
individuals who are blind.
(b) The amounts referred to in paragraph (a) of this section are any
amounts that are not paid to States under section 752(c)(2) of the Act
and Sec. 367.31 as a result of--
(1) The failure of a DSA to prepare, submit, and receive approval of
an application under section 752(i) of the Act and in accordance with
Sec. Sec. 367.10 and 367.11; or
(2) Information received by the Secretary from the DSA that the DSA
does not intend to expend the full amount of the State's allotment under
section 752(c) of the Act and this subpart.
(c) A reallotment grant to a State under paragraph (a) of this
section is subject to the same conditions as grants made under section
752(a) of the Act and this part.
(d) Any funds made available to a State for any fiscal year pursuant
to this section are regarded as an increase in the allotment of the
State under Sec. 367.31 for that fiscal year only.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: 29 U.S.C. 796k(j)(4))
[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: 34CFR367.40]
[Page 360]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 367_INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
--Table of Contents
Subpart E_What Conditions Must Be Met After an Award?
Sec. 367.40 What matching requirements apply?
(a) Non-Federal contributions required by Sec. 367.11(b) may be in
cash or in kind, fairly evaluated, including plant, equipment, or
services.
(b) For purposes of non-Federal contributions required by Sec.
367.11(b), amounts provided by the Federal Government, or services
assisted or subsidized to any significant extent by the Federal
Government, may not be included in determining the amount of non-Federal
contributions.
(Authority: 29 U.S.C. 796k(f))
[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: 34CFR367.41]
[Page 360-361]
- TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 367_INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
--Table of Contents
Subpart E_What Conditions Must Be Met After an Award?
Sec. 367.41 When may a DSA award grants or contracts?
(a) A DSA may operate or administer the program or projects under
this part to carry out the purposes specified in Sec. 367.1, either
directly or through--
(1) Grants to public or private nonprofit agencies or organizations;
(2) Contracts with individuals, entities, or organizations that are
not public or private nonprofit agencies or organizations.
[[Page 361]]
(b) Notwithstanding paragraph (a) of this section, a DSA may enter
into assistance contracts, but not procurement contracts, with public or
private nonprofit agencies or organizations in a manner consistent with
34 CFR 366.32(e).
(Authority: 29 U.S.C. 796k(g) and (i)(2)(A))
[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: 34CFR367.42]
[Page 361]
TITLE 34--EDUCATION
CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION
PART 367_INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND
--Table of Contents
Subpart E_What Conditions Must Be Met After an Award?
Sec. 367.42 When does the Secretary award noncompetitive continuation
grants?
(a) In the case of a fiscal year for which the amount appropriated
under section 753 of the Act is less than $13,000,000, the Secretary
awards noncompetitive continuation grants for a multi-year project to
pay for the costs of activities for which a grant was awarded--
(1) Under chapter 2 of title VII of the Act; or
(2) Under part C of title VII of the Act, as in effect on October
28, 1992.
(b) To be eligible to receive a noncompetitive continuation grant
under this part, a grantee must satisfy the applicable requirements in
this part and in 34 CFR 75.253.
(Approved by the Office of Management and Budget under control number
1820-0018)
(Authority: 29 U.S.C. 796k(b)(2))
| File Type | application/msword |
| Author | Justine.Blanks |
| Last Modified By | joe.schubart |
| File Modified | 2007-02-05 |
| File Created | 2007-02-05 |