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84.265 STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING
34 CFR PARTS 385, 388


[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: 34CFR385.1]
[Page 417-418]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
                            Subpart A_General
Sec.  385.1  What is the Rehabilitation Training program?
                            Subpart A_General
Sec.
385.1 What is the Rehabilitation Training program?
385.2 Who is eligible for assistance under these programs?
385.3 What regulations apply to these programs?
385.4 What definitions apply to these programs?
ubpart B [Reserved]
                Subpart C_How Does One Apply for a Grant?

385.20 What are the application procedures for these programs?
[[Page 418]]
             Subpart D_How Does the Secretary Make a Grant?
385.30 [Reserved]
385.31 How does the Secretary evaluate an application?
385.33 What other factors does the Secretary consider in reviewing an 
          application?
           Subpart E_What Conditions Must Be Met by a Grantee?
385.40 What are the requirements pertaining to the membership of a 
          project advisory committee?
385.41 What are the requirements affecting the collection of data from 
          designated State agencies?
385.42 What are the requirements affecting the dissemination of training 
          materials?
385.43 What requirements apply to the training of rehabilitation 
          counselors and other rehabilitation personnel?
385.44 What requirement applies to the training of individuals with 
          disabilities?
385.45 What additional application requirements apply to the training of 
          individuals for rehabilitation careers?
385.46 What limitations apply to the rate of pay for experts or 
          consultants appointed or serving under contract under the 
          Rehabilitation Training program?
    Authority: 29 U.S.C. 711(c), 772, and 774, unless otherwise noted.
    Source: 45 FR 86379, Dec. 30, 1980, unless otherwise noted.
    (a) The Rehabilitation Training program is designed to--
    (1) Ensure that skilled personnel are available to provide 
rehabilitation services to individuals with disabilities through 
vocational, medical, social, and psychological rehabilitation programs, 
through supported employment programs, through independent living 
services programs, and through client assistance programs;
    (2) Maintain and upgrade basic skills and knowledge of personnel 
employed to provide state-of-the-art service delivery systems and 
rehabilitation technology services; and
    (3) Provide training and information to individuals with 
disabilities, the parents, families, guardians, advocates, and 

authorized representatives of the individuals, and other appropriate 
parties to develop the skills necessary for individuals with 
disabilities to access the rehabilitation system and to become active 
decisionmakers in the rehabilitation process.
    (b) The Secretary awards grants and contracts to pay part of the 
costs of projects for training, traineeships, and related activities, 
including the provision of technical assistance, to assist in increasing 
the numbers of qualified personnel trained in providing rehabilitation 
services and other services provided under the Act, to individuals with 
disabilities. Financial assistance is provided through six categories of 
training programs:
    (1) Rehabilitation Long-Term Training (34 CFR part 386).
    (2) Experimental and Innovative Training (34 CFR part 387).
    (3) State Vocational Rehabilitation Unit In-Service Training (34 CFR 
part 388).
    (4) Rehabilitation Continuing Education Programs (34 CFR part 389).
    (5) Rehabilitation Short-Term Training (34 CFR part 390).
    (6) Training of Interpreters for Individuals Who Are Deaf and 
Individuals Who Are Deaf-Blind (34 CFR part 396).
(Authority: Secs. 301 and 302 of the Act; 29 U.S.C. 770 and 774)
[59 FR 8344, Feb. 18, 1994]

[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: 34CFR385.2]
[Page 418]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
                            Subpart A_General
Sec.  385.2  Who is eligible for assistance under these programs?
    States and public or nonprofit agencies and organizations, including 
Indian tribes and institutions of higher education, are eligible for 
assistance under the Rehabilitation Training program.
(Authority: Secs. 7(19) and 302 of the Act; 29 U.S.C. 706(19) and 774)
[59 FR 8345, Feb. 18, 1994]

[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: 34CFR385.3]
[Page 418-419]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
                            Subpart A_General
Sec.  385.3  What regulations apply to these programs?
    The following regulations apply to the Rehabilitation Training 
program:
    (a) The Education Department General Administrative Regulations 
(EDGAR) as follows:
[[Page 419]]
    (1) 34 CFR part 74 (Administration of Grants to Institutions of 
Higher Education, Hospitals, and Nonprofit Organizations).
    (2) 34 CFR part 75 (Direct Grant Programs).
    (3) 34 CFR part 77 (Definitions That Apply to Department 
Regulations).
    (4) 34 CFR part 79 (Intergovernmental Review of Department of 
Education Programs and Activities).
    (5) 34 CFR part 80 (Uniform Administrative Requirements for Grants 
and Cooperative Agreements to State and Local Governments).
    (6) 34 CFR part 81 (General Education Provisions Act--Enforcement).
    (7) 34 CFR part 82 (New Restrictions on Lobbying).
    (8) 34 CFR part 85 (Governmentwide Debarment and Suspension 
(Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace 
(Grants)).
    (9) 34 CFR part 86 (Drug-Free Schools and Campuses).
    (b) The regulations in this part 385.
    (c) The regulations in 34 CFR parts 386, 387, 388, 389, 390, and 
396, as appropriate.
(Authority: Secs. 12(c) and 302 of the Act; 29 U.S.C. 711(c) and 774)
[59 FR 8345, Feb. 18, 1994]

[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: 34CFR385.4]
[Page 419-422]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
                            Subpart A_General
Sec.  385.4  What definitions apply to these programs?
    (a) The following definitions in 34 CFR part 77 apply to the 
programs under the Rehabilitation Training Program--
Applicant
Application
Award
Budget Period
Department
EDGAR
Nonprofit
Private
Project
Project Period
Public
Secretary
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
    (b) The following definitions also apply to programs under the 
Rehabilitation Training program:
    Act means the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as 
amended.
    Assistive technology device means any item, piece of equipment, or 
product system, whether acquired commercially off the shelf, modified, 
or customized, that is used to increase, maintain, or improve functional 
capabilities of individuals with disabilities.
    Assistive technology service means any service that directly assists 
an individual with a disability in the selection, acquisition, or use of 
an assistive technology device. The term includes--
    (1) The evaluation of the needs of an individual with a disability, 
including a functional evaluation of the individual in the individual's 
customary environment;
    (2) Purchasing, leasing, or otherwise providing for the acquisition 
of assistive technology devices by individuals with disabilities;
    (3) Selecting, designing, fitting, customizing, adapting, applying, 
maintaining, repairing, or replacing of assistive technology devices;
    (4) Coordinating and using other therapies, interventions, or 
services with assistive technology devices, such as those associated 
with existing education and rehabilitation plans and programs;
    (5) Training or technical assistance for an individual with 
disabilities, or, if appropriate, the family of an individual with 
disabilities; and
    (6) Training or technical assistance for professionals (including 
individuals providing education and rehabilitation services), employers, 
or other individuals who provide services to, employ, or are otherwise 
substantially involved in the major life functions of individuals with 
disabilities.
    Community rehabilitation program means a program that provides 
directly or facilitates the provision of vocational rehabilitation 
services to individuals with disabilities, and that provides, singly or 
in combination, for an individual with a disability to enable the 
individual to maximize opportunities for employment, including career 
advancement--
    (1) Medical, psychiatric, psychological, social, and vocational 
services that are provided under one management;
[[Page 420]]
    (2) Testing, fitting, or training in the use of prosthetic and 
orthotic devices;
    (3) Recreational therapy;
    (4) Physical and occupational therapy;
    (5) Speech, language, and hearing therapy;
    (6) Psychiatric, psychological, and social services, including 
positive behavior management;
    (7) Assessment for determining eligibility and vocational 
rehabilitation needs;
    (8) Rehabilitation technology;
    (9) Job development, placement, and retention services;
    (10) Evaluation or control of specific disabilities;

    (11) Orientation and mobility services for individuals who are 
blind;
    (12) Extended employment;
    (13) Psychosocial rehabilitation services;
    (14) Supported employment services and extended services;
    (15) Services to family members when necessary to the vocational 
rehabilitation of the individual;
    (16) Personal assistance services; or
    (17) Services similar to the services described in paragraphs (1) 
through (16) of this definition.
    Designated State agency means an agency designated under section 
101(a)(1)(A) of the Act.
    Designated State unit means (1) Any State agency unit required under 
section 101(a)(2)(A) of the Act, or
    (2) In cases in which no State agency unit is required, the State 
agency described in section 101(a)(2)(B)(i) of the Act.
    Independent living core services means--
    (1) Information and referral services;
    (2) Independent living skills training;
    (3) Peer counseling, including cross-disability peer counseling; and
    (4) Individual and systems advocacy.
    Independent living services includes--
    (1) Independent living core services; and
    (2)(i) Counseling services, including psychological, 
psychotherapeutic, and related services;
    (ii) Services related to securing housing or shelter, including 
services related to community group living, and supportive of the 
purposes of this Act and of the titles of this Act, and adaptive housing 
services (including appropriate accommodations to and modifications of 
any space used to serve, or occupied by, individuals with disabilities);
    (iii) Rehabilitation technology;
    (iv) Mobility training;
    (v) Services and training for individuals with cognitive and sensory 
disabilities, including life skills training, and interpreter and reader 
services;
    (vi) Personal assistance services, including attendant care and the 
training of personnel providing these services;
    (vii) Surveys, directories, and other activities to identify 
appropriate housing, recreation opportunities, and accessible 
transportation, and other support services;


    (viii) Consumer information programs on rehabilitation and 
independent living services available under this Act, especially for 
minorities and other individuals with disabilities who have 
traditionally been unserved or underserved by programs under this Act;
    (ix) Education and training necessary for living in the community 
and participating in community activities;
    (x) Supported living;
    (xi) Transportation, including referral and assistance for 
transportation;
    (xii) Physical rehabilitation;
    (xiii) Therapeutic treatment;
    (xiv) Provision of needed prostheses and other appliances and 
devices;
    (xv) Individual and group social and recreational services;
    (xvi) Training to develop skills specifically designed for youths 
who are individuals with disabilities to promote self-awareness and 
esteem, develop advocacy and self-empowerment skills, and explore career 
options;
    (xvii) Services for children;
    (xviii) Services under other Federal, State, or local programs 
designed to provide resources, training, counseling, or other assistance 
of substantial benefit in enhancing the independence, productivity, and 
quality of life of individuals with disabilities;
    (xvix) Appropriate preventive services to decrease the need of 
individuals assisted under this Act for similar services in the future;
[[Page 421]]
    (xx) Community awareness programs to enhance the understanding and 
integration of individuals with disabilities; and
    (xxi) Such other services as may be necessary and not inconsistent 
with the provisions of this Act.
    Individual with a disability means any individual who--
    (1) Has a physical or mental impairment, which for that individual 
constitutes or results in a substantial impediment to employment; and
    (2) Can benefit in terms of an employment outcome from vocational 
rehabilitation services provided pursuant to title I, II, III, VI, or 
VIII of the Act.

    Individual with a severe disability means an individual with a 
disability--
    (1) Who has a severe physical or mental impairment that seriously 
limits one or more functional capacities (such as mobility, 
communication, self-care, self-direction, interpersonal skills, work 
tolerance, or work skills) in terms of an employment outcome;
    (2) Whose vocational rehabilitation can be expected to require 
multiple vocational rehabilitation services over an extended period of 
time; and
    (3) Who has one or more physical or mental disabilities resulting 
from amputation, arthritis, autism, blindness, burn injury, cancer, 
cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, 
hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental 
retardation, mental illness, multiple sclerosis, muscular dystrophy, 
musculo-skeletal disorders, neurological disorders (including stroke and 
epilepsy), paraplegia, quadriplegia and other spinal cord conditions, 
sickle-cell anemia, specific learning disabilities, end-stage renal 
disease, or another disability or combination of disabilities determined 
on the basis of an assessment for determining eligibility and vocational 
rehabilitation needs.
    Institution of higher education has the meaning given the term in 
section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
    Personal assistance services means a range of services provided by 
one or more persons designed to assist an individual with a disability 
to perform daily living activities on or off the job that the individual 
would typically perform if the individual did not have a disability. The 
services shall be designed to increase the individual's control in life 
and ability to perform everyday activities on or off the job.
    Qualified personnel: (1) For designated State agencies or designated 
State units, means personnel who have met standards that are consistent 
with existing national or State approved or recognized certification, 
licensing, registration, or other comparable requirements that apply to 
the area in which such personnel are providing vocational rehabilitation 
services.
    (2) For other than designated State agencies or designated State 
units, means personnel who have met existing State certification or 
licensure requirements, or in the absence of State requirements, have 
met professionally accepted requirements established by national 
certification boards.
    Rehabilitation technology means the systematic application of 
technologies, engineering methodologies, or scientific principles to 
meet the needs of and address the barriers confronted by individuals 
with disabilities in areas that include education, rehabilitation, 
employment, transportation, independent living, and recreation. The term 
includes rehabilitation engineering, assistive technology devices, and 
assistive technology services.
    State includes, in addition to each of the several States of the 
United States, the District of Columbia, the Commonwealth of Puerto 
Rico, the United States Virgin Islands, Guam, American Samoa, the 
Commonwealth of the Northern Mariana Islands and the Republic of Palau 
(until the Compact of Free Association with Palau takes effect).
    Stipend means financial assistance on behalf of individuals in 
support of their training, as opposed to salary payment for services 
provided within the project.
    Supported employment means--
    (1) Competitive work in integrated work settings for individuals 
with the most severe disabilities--
    (i)(A) For whom competitive employment has not traditionally 
occurred; or
[[Page 422]]
    (B) For whom competitive employment has been interrupted or 
intermittent as a result of a severe disability; and
    (ii) Who, because of the nature and severity of their disability, 
need intensive supported employment services from the designated State 
unit and extended services after transition in order to perform this 
work.
    (2) Transitional employment for individuals with the most severe 
disabilities due to mental illness.
    Supported employment services means ongoing support services and 
other appropriate services needed to support and maintain an individual 
with most severe disability in supported employment, that are--
    (1) Provided singly or in combination and are organized and made 
available in such a way as to assist an eligible individual in entering 
or maintaining integrated, competitive employment;
    (2) Based on a determination of the needs of an eligible individual, 
as specified in an individualized written rehabilitation program; and
    (3) Provided by the designated State unit for a period of time not 
to extend beyond 18 months, unless under special circumstances the 
eligible individual and the rehabilitation counselor or coordinator 
jointly agree to extend the time in order to achieve the rehabilitation 
objectives identified in the individualized written rehabilitation 
program.
    Vocational rehabilitation services means the same as the term is 
defined in 34 CFR 369.4(b).
(Authority: Secs. 7, 12(c), and 101(a)(7) of the Act; 29 U.S.C. 706, 
711(c), and 721(a)(7))
[45 FR 86379, Dec. 30, 1980, as amended at 50 FR 38631, Sept. 23, 1985; 
53 FR 17146, May 13, 1988; 59 FR 8345, Feb. 18, 1994]
Subpart B [Reserved]

[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: 34CFR385.20]
[Page 422]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
                Subpart C_How Does One Apply for a Grant?
Sec.  385.20  What are the application procedures for these programs?
    The Secretary gives the designated State agency an opportunity to 
review and comment on applications submitted from within the State that 
it serves. The procedures to be followed by the applicant and the State 
are in EDGAR Sec. Sec.  75.155-75.159.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
[45 FR 86379, Dec. 30, 1980, as amended at 59 FR 8347, Feb. 18, 1994]



[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: 34CFR385.31]
[Page 422]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
             Subpart D_How Does the Secretary Make a Grant?
Sec.  385.31  How does the Secretary evaluate an application?
    (a) The Secretary evaluates applications under the procedures in 34 
CFR part 75.
    (b) The Secretary evaluates each application using selection 
criteria identified in parts 386, 387, 388, 389 and 390, as appropriate.
    (c) In addition to the selection criteria described in paragraph (b) 
of this section, the Secretary evaluates each application using--
    (1) Selection criteria in 34 CFR 75.210;
    (2) Selection criteria established under 34 CFR 75.209; or
    (3) A combination of selection criteria established under 34 CFR 
75.209 and selection criteria in 34 CFR 75.210.
(Authority: 29 U.S.C. 711(c))
[62 FR 10404, Mar. 6, 1997]

[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: 34CFR385.33]
[Page 422-423]
                           TITLE 34--EDUCATION

 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION




PART 385_REHABILITATION TRAINING--Table of Contents
             Subpart D_How Does the Secretary Make a Grant?
Sec.  385.33  What other factors does the Secretary consider in reviewing 
an application?
    In addition to the selection criteria listed in Sec.  75.210 and 
parts 386 through 390, the Secretary, in making awards under this 
program, considers such factors as--
    (a) The geographical distribution of projects in each Rehabilitation 
Training Program category throughout the country; and
    (b) The past performance of the applicant in carrying out similar 
training activities under previously awarded grants, as indicated by 
such factors as compliance with grant conditions,
[[Page 423]]
soundness of programmatic and financial management practices and 
attainment of established project objectives.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
[45 FR 86379, Dec. 30, 1980, as amended at 62 FR 10404, Mar. 6, 1997]

[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: 34CFR385.40]
[Page 423]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
           Subpart E_What Conditions Must Be Met by a Grantee?
Sec.  385.40  What are the requirements pertaining to the membership 
of a project advisory committee?
    If a project funded under 34 CFR parts 386 through 390 or 396 
establishes an advisory committee, its membership must include 
individuals with disabilities or parents, family members, guardians, 
advocates, or other authorized representatives of the individuals; 
members of minority groups; trainees; and providers of vocational 
rehabilitation and independent living rehabilitation services.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
[59 FR 8347, Feb. 18, 1994]

[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: 34CFR385.41]
[Page 423]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
           Subpart E_What Conditions Must Be Met by a Grantee?
Sec.  385.41  What are the requirements affecting the collection of data 
from designated State agencies?
    If the collection of data is necessary from individuals with 
disabilities being served by two or more designated State agencies or 
from employees of two or more of these agencies, the project director 
must submit requests for the data to appropriate representatives of the 
affected agencies, as determined by the Secretary. This requirement also 
applies to employed project staff and individuals enrolled in courses of 
study supported under these programs.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))
[45 FR 86379, Dec. 30, 1980, as amended at 53 FR 17147, May 13, 1988; 59 
FR 8347, Feb. 18, 1994]

[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: 34CFR385.42]
[Page 423]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
           Subpart E_What Conditions Must Be Met by a Grantee?
Sec.  385.42  What are the requirements affecting the dissemination of 
training materials?
    A set of any training materials developed under the Rehabilitation 
Training Program must be submitted to any information clearinghouse 
designated by the Secretary.
(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(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: 34CFR385.43]
[Page 423]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
           Subpart E_What Conditions Must Be Met by a Grantee?
Sec.  385.43  What requirements apply to the training of rehabilitation 
counselors and other rehabilitation personnel?
    Any grantee who provides training of rehabilitation counselors or 
other rehabilitation personnel under any of the programs in 34 CFR parts 
386 through 390 shall train those counselors and personnel on the 
services provided under this Act, and, in particular, services provided 
in accordance with amendments made by the Rehabilitation Act Amendments 
of 1992. The grantee shall also furnish training to these counselors and 
personnel regarding the applicability of section 504 of this Act, title 
I of the Americans with Disabilities Act of 1990, and the provisions of 
titles II and XVI of the Social Security Act that are related to work 
incentives for individuals with disabilities.
(Authority: Sec. 302(a)(3) of the Act; 29 U.S.C. 774(a)(3))
[59 FR 8347, Feb. 18, 1994]


[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: 34CFR385.44]
[Page 423]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
           Subpart E_What Conditions Must Be Met by a Grantee?
Sec.  385.44  What requirement applies to the training of individuals 
with disabilities?
    Any grantee or contractor who provides training under any of the 
programs in 34 CFR parts 386 through 390 and 396 shall give due regard 
to the training of individuals with disabilities as part of its effort 
to increase the number of qualified personnel available to provide 
rehabilitation services.
(Authority: Sec. 302(a)(1) of the Act; 29 U.S.C. 774(a)(1))
[59 FR 8347, Feb. 18, 1994]

[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: 34CFR385.45]
[Page 423-424]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
           Subpart E_What Conditions Must Be Met by a Grantee?
Sec.  385.45  What additional application requirements apply to the 
training of individuals for rehabilitation careers?



    (a) All applicants for a grant or contract to provide training under 
any of the programs in 34 CFR parts 386 through 390 and 396 shall 
demonstrate how the training they plan to provide
[[Page 424]]
will prepare rehabilitation professionals to address the needs of 
individuals with disabilities from minority backgrounds.
    (b) All applicants for a grant under any of the programs in 34 CFR 
parts 386 through 390 and 396 shall include a detailed description of 
strategies that will be utilized to recruit and train persons so as to 
reflect the diverse populations of the United States, as part of the 
effort to increase the number of individuals with disabilities, and 
individuals who are members of minority groups, who are available to 
provide rehabilitation services.
(Approved by the Office of Management and Budget under control number 
1820-0018)
(Authority: Secs. 21(b)(5) and 302(a)(5) of the Act; 29 U.S.C. 
718b(b)(6) and 774(a)(6))
[59 FR 8347, Feb. 18, 1994, as amended at 59 FR 33680, June 30, 1994]

[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: 34CFR385.46]
[Page 424]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 385_REHABILITATION TRAINING--Table of Contents
           Subpart E_What Conditions Must Be Met by a Grantee?
Sec.  385.46  What limitations apply to the rate of pay for experts or 
consultants appointed or serving under contract under the Rehabilitation 
Training program?
 An expert or consultant appointed or serving under contract pursuant 
to this section shall be compensated at a rate subject to approval of 
the Commissioner which shall not exceed the daily equivalent of the rate 
of pay for level 4 of the Senior Executive Service Schedule under 
section 5382 of title 5, United States Code. Such an expert or 
consultant may be allowed travel and transportation expenses in 
accordance with section 5703 of title 5, United States Code.
(Authority: Sec. 302(g)(2) of the Act; 29 U.S.C. 774(g)(2))
[59 FR 8347, Feb. 18, 1994]

[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: 34CFR388.1]
[Page 432-433]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 388_STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING
--Table of Contents
                            Subpart A_General
Sec.  388.1  What is the State Vocational Rehabilitation Unit In-Service 
Training program?
                            Subpart A_General
Sec.388.1 What is the State Vocational Rehabilitation Unit In-Service 
          Training program?
388.2 Who is eligible for an award?
388.3 What types of projects are authorized?
388.4 What activities may the Secretary fund?
388.5 What regulations apply?
388.6 What definitions apply?
Subpart B [Reserved]
             Subpart C_How Does the Secretary Make an Award?
388.20 What additional selection criterion is used under this program?
388.21 How does the Secretary determine the amount of a basic State 
          award?
[[Page 433]]
388.22 What priorities does the Secretary consider in making an award?
          Subpart D_What Conditions Must Be Met After an Award?
388.30 What are the matching requirements?
388.31 What are the allowable costs?
    Authority: 29 U.S.C. 711(c) and 774, unless otherwise noted.
    Source: 59 FR 40178, Aug. 5, 1994, unless otherwise noted.
    This program is designed to support projects for training State 
vocational rehabilitation unit personnel in program areas essential to 
the effective management of the unit's program of vocational 
rehabilitation services or in skill areas that will enable staff 
personnel to improve their ability to provide vocational rehabilitation 
services leading to employment outcomes for individuals with 
disabilities. The State Vocational Rehabilitation Unit In-Service 
Training program responds to needs identified in the comprehensive 
system of personnel development in section 101(a)(7) of the Act. The 
program may include training designed--
    (a) To address recruitment and retention of qualified rehabilitation 
professionals;
    (b) To provide for succession planning;
    (c) To provide for leadership development and capacity building; and
    (d) For fiscal year 1994, to provide training on the amendments to 
the Rehabilitation Act of 1973 made by the Rehabilitation Act Amendments 
of 1992.
(Authority: 29 U.S.C. 771a(g)(3))

[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: 34CFR388.2]
[Page 433]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 388_STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING
--Table of Contents
                            Subpart A_General
Sec.  388.2  Who is eligible for an award?
    Each designated State agency is eligible to receive an award under 
the basic State award program described in Sec.  388.21. If a designated 
State agency does not apply for an award during an announced 
competition, no funds may be made available for in-service training of 
the staff of that designated State agency under this program until there 
is a new competition for funding. At least 15 percent of the sums 
appropriated to carry out section 302 of the Act must be allocated to 
designated State agencies to be used, directly or indirectly, for 
projects for in-service training of rehabilitation personnel.
(Authority: 29 U.S.C. 771a(g)(3))

[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: 34CFR388.3]
[Page 433]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 388_STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING
--Table of Contents
                            Subpart A_General
Sec.  388.3  What types of projects are authorized?
    State vocational rehabilitation unit in-service training projects 
are concerned with the staff development and training of State 
vocational rehabilitation unit personnel in order to ensure an improved 
level of competence in serving State unit clients and to assist in 
expanding and improving vocational rehabilitation services for 
individuals with disabilities, especially those with severe 
disabilities, to ensure employment outcomes.
(Authority: 29 U.S.C. 770 and 771a)







[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: 34CFR388.4]
[Page 433-434]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 388_STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING
--Table of Contents
                            Subpart A_General
Sec.  388.4  What activities may the Secretary fund?
    (a) Training activities supported under a State vocational 
rehabilitation unit in-service training grant focus primarily on program 
areas that are essential to the State unit's operation or on skill areas 
that will enable staff personnel to improve their ability to function on 
their job, or prepare for positions of greater responsibility within the 
unit, or to correct deficiencies identified in the State program. 
Projects may--
    (1) Address recruitment and retention of qualified rehabilitation 
professionals;
    (2) Provide for succession planning;
    (3) Provide for leadership development and capacity building; and
    (4) For fiscal year 1994, provide training on the amendments to the 
Rehabilitation Act of 1973 made by the Rehabilitation Act Amendments of 
1992.
    (b) Training methods may include--
    (1) The development of State unit training institutes related to the 
specific aspects of State unit administration or service provision;
    (2) Group employee training at courses conducted in cooperation with 
or by an educational institution;
[[Page 434]]
    (3) Individualized directed study in priority areas of State unit 
service or practice;
    (4) Employee access to current agency instructional resources for 
books, films, videos, tapes, and other human resource development 
resources;
    (5) Distance learning through telecommunications; and
    (6) Dissemination and information sharing with other designated 
State agencies.
(Authority: 29 U.S.C. 770 and 771a)

[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: 34CFR388.5]
[Page 434]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 388_STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING
--Table of Contents
                            Subpart A_General
Sec.  388.5  What regulations apply?
    The following regulations apply to the State Vocational 
Rehabilitation Unit In-Service Training program:
    (a) The regulations in this part 388.
    (b) The regulations in 34 CFR part 385.
(Authority: 29 U.S.C. 770 and 771a)


[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: 34CFR388.6]
[Page 434]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 388_STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING
--Table of Contents
                            Subpart A_General
Sec.  388.6  What definitions apply?
    The definitions in 34 CFR part 385 apply to this program.
(Authority: 29 U.S.C. 711(c) and 771(a)(g)(3))
Subpart B [Reserved]

[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: 34CFR388.20]
[Page 434]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 388_STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING
--Table of Contents
             Subpart C_How Does the Secretary Make an Award?
Sec.  388.20  What additional selection criterion is used under this 
program?
    In addition to the selection criteria in 34 CFR 385.31(c), the 
Secretary uses the following additional selection criteria to evaluate 
an application:
    (a) Evidence of need. (1) The Secretary reviews each application for 
information that shows that the need for the in-service training has 
been adequately justified.
    (2) The Secretary looks for information that shows--
    (i) How the proposed project relates to the mission of the State-
Federal rehabilitation service program and can be expected to improve 
the competence of all State vocational rehabilitation personnel in 
providing vocational rehabilitation services to individuals with 
disabilities that will result in employment outcomes or otherwise 
contribute to more effective management of the State unit program;
    (ii) That the State unit in-service training plan responds to needs 
identified in their training needs assessment and the proposed training 
relates to the unit's State plan, particularly the requirements in 
section 101(a)(7) of the Rehabilitation Act for each designated State 
unit to develop a comprehensive system of personnel development;
    (iii) The need for in-service training methods and materials that 
will improve the effectiveness of services to individuals with 
disabilities assisted under the Rehabilitation Act and ensure employment 
outcomes; and
    (iv) The State has conducted a needs assessment of the in-service 
training needs for all of the State unit employees.
    (b) [Reserved]
(Authority: 29 U.S.C. 711(c), 770, and 771a)
[62 FR 10405, Mar. 6, 1997]

[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: 34CFR388.21]
[Page 434-435]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 388_STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING
--Table of Contents
             Subpart C_How Does the Secretary Make an Award?
Sec.  388.21  How does the Secretary determine the amount of a basic State 
award?
    (a) The Secretary distributes no more than 80 percent of the funds 
available for these awards as follows:
    (1) For each competition the Secretary will determine a minimum 
score based upon the selection criteria in Sec.  388.20 that an 
applicant must receive in order for its application to be approved by 
the Secretary.
    (2) Each designated State agency that submits an approved 
application receives an amount based upon a formula that provides each 
approved project an amount equal to the percentage that the designated 
State agency's staff, as reported by total person years to the Secretary 
on Form RSA-2, represents of all staff of all designated State agencies, 
as reported to the Secretary on Form RSA-2 for the most recent reporting 
period. A copy of Form RSA-2 may be obtained from the Department of 
Education, 400 Maryland Avenue, S.W., 3211 Switzer Building, Washington, 
D.C. 22204-2735.
    (3) No designated State agency with an approved project receives 
less than one-third of one percent of the sums made available for the 
fiscal year.
    (b) After determining a designated State agency's award under 
paragraph
[[Page 435]]
(a) of this section, the Secretary reserves the remaining funds to be 
allocated based on the quality of the application as determined by 
competitive reviews conducted by the Department using the criteria in 
Sec.  388.20 and the priorities in Sec.  388.22.
    (c) Prior to award, negotiations may be conducted with applicants to 
resolve any problems or weaknesses in the application identified by the 
review process.
(Authority: 29 U.S.C. 711(c), 770, and 771a)

[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: 34CFR388.22]
[Page 435]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 388_STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING
--Table of Contents
             Subpart C_How Does the Secretary Make an Award?
Sec.  388.22  What priorities does the Secretary consider in making an 
award?
    (a) The Secretary reserves funds to support some or all of the 
proposals that have been awarded a rating of 80 points or more under the 
criteria described in Sec.  388.20.






    (b) In making a final selection of proposals to support under this 
program, the Secretary considers the extent to which proposals have 
exceeded a rating of 80 points and address one or more of the following 
priorities announced in the application notice:
    (1) Development and dissemination of model in-service training 
materials and practices. The proposed project demonstrates an effective 
plan to develop and disseminate information on its State Vocational 
Rehabilitation In-Service Training program, including the identification 
of training approaches and successful practices, in order to permit the 
replication of these programs by other State vocational rehabilitation 
units.
    (2) Distance education. The proposed project demonstrates innovative 
strategies for training State vocational rehabilitation unit personnel 
through distance education methods, such as interactive audio, video, 
computer technologies, or existing telecommunications networks.
    (3) Enhanced employment outcomes for specific populations. The 
proposed project supports specialized training in the provision of 
vocational rehabilitation or related services to individuals with 
disabilities to increase the rehabilitation rate into competitive 
employment for all individuals or specified target groups.
(Authority: 29 U.S.C. 711(c), 770, and 771a)

[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: 34CFR388.30]
[Page 435]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 388_STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING
--Table of Contents
          Subpart D_What Conditions Must Be Met After an Award?
Sec.  388.30  What are the matching requirements?

    (a) The Secretary may make grants for paying part of the costs of 
projects under this program. Except as provided for in paragraphs (b) 
and (c) of this section, the grantee shall provide at least 10 percent 
of the total costs of the project.
    (b) Grantees designated in Sec.  388.21(a)(3) to receive a minimum 
share of one third of one percent of the sums made available for the 
fiscal year shall provide at least four percent of the total costs of 
the project.
(Authority: 29 U.S.C. 711(c), 770, and 771a)

[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: 34CFR388.31]
[Page 435]
                           TITLE 34--EDUCATION
 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, 
                         DEPARTMENT OF EDUCATION
PART 388_STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING
--Table of Contents
          Subpart D_What Conditions Must Be Met After an Award?
Sec.  388.31  What are the allowable costs?
    In addition to those allowable costs established in 34 CFR 75.530 
through 75.562 (Education Department General Administrative 
Regulations), the following items are allowable under State vocational 
rehabilitation unit in-service training projects:
    (a) Trainee per diem costs.
    (b) Trainee travel in connection with a training course.
    (c) Trainee tuition and fees.
    (d) Telecommunications and technology fees.
(Authority: 29 U.S.C. 711(c), 770, and 771a)