34 C.F.R. Subpart A—General
Title 34 - Education
(a) This part includes general requirements applicable to the conduct of the following programs authorized under title VII of the Rehabilitation Act of 1973, as amended: (1) The State Independent Living Services (SILS) program (34 CFR part 365). (2) The Centers for Independent Living (CIL) program (34 CFR part 366). (b) Some provisions in this part also are made specifically applicable to the Independent Living Services for Older Individuals Who Are Blind (OIB) program (34 CFR part 367). (Authority: 29 U.S.C. 711(c) and 796–796f-5) The purpose of the SILS and CIL programs authorized by chapter 1 of title VII of the Act is to promote a philosophy of independent living (IL), including a philosophy of consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, to maximize the leadership, empowerment, independence, and productivity of individuals with significant disabilities, and to promote and maximize the integration and full inclusion of individuals with significant disabilities into the mainstream of American society by providing financial assistance to States— (a) For providing, expanding, and improving the provision of IL services; (b) To develop and support statewide networks of centers for independent living (centers); and (c) For improving working relationships among— (1) SILS programs; (2) Centers; (3) Statewide Independent Living Councils (SILCs) established under section 705 of the Act; (4) State vocational rehabilitation (VR) programs receiving assistance under title I and under part C of title VI of the Act; (5) Client assistance programs (CAPs) receiving assistance under section 112 of the Act; (6) Programs funded under other titles of the Act; (7) Programs funded under other Federal laws; and (8) Programs funded through non-Federal sources. (Authority: 29 U.S.C. 796) The following regulations apply to the SILS and CIL programs: (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 grants or subgrants to an eligible agency 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 subparts B and C of 34 CFR part 366. (3) 34 CFR part 76 (State-Administered Programs), with respect to grants under 34 CFR part 365 and subpart D of 34 CFR part 366. (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), with respect to grants to an eligible agency that is a State or local government or Indian tribal organization. (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 364. (c) The regulations in 34 CFR parts 365 and 366 as applicable. (Authority: 29 U.S.C. 711(c)) (a) Definitions in EDGAR. The following terms used in this part and in 34 CFR parts 365, 366, and 367 are defined in 34 CFR 77.1:
Applicant Application Award Department EDGAR Fiscal year Nonprofit Private Project Public Secretary (b) Other definitions. The following definitions also apply to this part and to 34 CFR parts 365, 366, and 367: Act means the Rehabilitation Act of 1973, as amended. Administrative support services means assistance to support IL programs and the activities of centers and may include financial and technical assistance in planning, budget development, and evaluation of center activities, and support for financial management (including audits), personnel development, and recordkeeping activities. Advocacy means pleading an individual's cause or speaking or writing in support of an individual. To the extent permitted by State law or the rules of the agency before which an individual is appearing, a non-lawyer may engage in advocacy on behalf of another individual. Advocacy may— (1) Involve representing an individual— (i) Before private entities or organizations, government agencies (whether State, local, or Federal), or in a court of law (whether State or Federal); or (ii) In negotiations or mediation, in formal or informal administrative proceedings before government agencies (whether State, local, or Federal), or in legal proceedings in a court of law; and (2) Be on behalf of— (i) A single individual, in which case it is individual advocacy; (ii) A group or class of individuals, in which case it is systems (or systemic) advocacy; or (iii) Oneself, in which case it is self advocacy. Attendant care means a personal assistance service provided to an individual with significant disabilities in performing a variety of tasks required to meet essential personal needs in areas such as bathing, communicating, cooking, dressing, eating, homemaking, toileting, and transportation. Center for independent living means a consumer-controlled, community-based, cross-disability, nonresidential, private nonprofit agency that— (1) Is designed and operated within a local community by individuals with disabilities; and (2) Provides an array of IL services. Consumer control means, with respect to a center or eligible agency, that the center or eligible agency vests power and authority in individuals with disabilities, including individuals who are or have been recipients of IL services. Cross-disability means, with respect to a center, that a center provides IL services to individuals representing a range of significant disabilities and does not require the presence of one or more specific significant disabilities before determining that an individual is eligible for IL services. Designated State agency or State agency means the sole State agency designated to administer (or supervise local administration of) the State plan for VR services. The term includes the State agency for individuals who are blind, if that agency has been designated as the sole State agency with respect to that part of the State VR plan relating to the vocational rehabilitation of individuals who are blind. Designated State unit means either— (1) The State agency or the bureau, division, or other organizational unit within a State agency that is primarily concerned with the vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities and that is responsible for the administration of the VR program of the State agency; or (2) The independent State commission, board, or other agency that has the vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities as its primary function. Eligible agency means a consumer-controlled, community-based, cross-disability, nonresidential, private, nonprofit agency. Independent living core services mean, for purposes of services that are supported under the SILS or CIL programs— (1) Information and referral services; (2) IL skills training; (3) Peer counseling, including cross-disability peer counseling; and (4) Individual and systems advocacy. Independent living services includes the independent living core services and— (1) Counseling services, including psychological, psychotherapeutic, and related services; (2) Services related to securing housing or shelter, including services related to community group living, that are supportive of the purposes of the Act, and adaptive housing services, including appropriate accommodations to and modifications of any space used to serve, or to be occupied by, individuals with significant disabilities; (3) Rehabilitation technology; (4) Mobility training; (5) Services and training for individuals with cognitive and sensory disabilities, including life skills training and interpreter and reader services; (6) Personal assistance services, including attendant care and the training of personnel providing these services; (7) Surveys, directories, and other activities to identify appropriate housing, recreation opportunities, and accessible transportation, and other support services; (8) Consumer information programs on rehabilitation and IL services available under the Act, especially for minorities and other individuals with significant disabilities who have traditionally been unserved or underserved by programs under the Act; (9) Education and training necessary for living in a community and participating in community activities; (10) Supported living; (11) Transportation, including referral and assistance for transportation; (12) Physical rehabilitation; (13) Therapeutic treatment; (14) Provision of needed prostheses and other appliances and devices; (15) Individual and group social and recreational services; (16) Training to develop skills specifically designed for youths who are individuals with significant disabilities to promote self-awareness and esteem, develop advocacy and self-empowerment skills, and explore career options; (17) Services for children; (18) 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 significant disabilities; (19) Appropriate preventive services to decrease the need of individuals with significant disabilities assisted under the Act for similar services in the future; (20) Community awareness programs to enhance the understanding and integration into society of individuals with significant disabilities; and (21) Any other services that may be necessary to improve the ability of an individual with a significant disability to function, continue functioning, or move toward functioning independently in the family or community or to continue in employment and that are not inconsistent with any other provisions of the Act. Individual with a disability means an individual who— (1) Has a physical, mental, cognitive, or sensory impairment that substantially limits one or more of the individual's major life activities; (2) Has a record of such an impairment; or (3) Is regarded as having such an impairment. Individual with a significant disability means an individual with a severe physical, mental, cognitive, or sensory impairment whose ability to function independently in the family or community or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of IL services will improve the ability to function, continue functioning, or move toward functioning independently in the family or community or to continue in employment. Legally authorized advocate or representative means an individual who is authorized under State law to act or advocate on behalf of another individual. Under certain circumstances, State law permits only an attorney, legal guardian, or individual with a power of attorney to act or advocate on behalf of another individual. In other circumstances, State law may permit other individuals to act or advocate on behalf of another individual. Minority group means Alaskan Natives, American Indians, Asian Americans, Blacks (African Americans), Hispanic Americans, Native Hawaiians, and Pacific Islanders. Nonresidential means, with respect to a center, that the center, as of October 1, 1994, does not operate or manage housing or shelter for individuals as an IL service on either a temporary or long-term basis unless the housing or shelter is— (1) Incidental to the overall operation of the center; (2) Necessary so that the individual may receive an IL service; and (3) Limited to a period not to exceed eight weeks during any six-month period. Peer relationships mean relationships involving mutual support and assistance among individuals with significant disabilities who are actively pursuing IL goals. Peer role models means individuals with significant disabilities whose achievements can serve as a positive example for other individuals with significant disabilities. Personal assistance services means a range of IL services, provided by one or more persons, designed to assist an individual with a significant 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. These IL services must be designed to increase the individual's control in life and ability to perform everyday activities on or off the job. Service provider means— (1) A designated State unit (DSU) that directly provides IL services to individuals with significant disabilities; (2) A center that receives financial assistance under part B or C of chapter 1 of title VII of the Act; or (3) Any other entity or individual that meets the requirements of §364.43(e) and provides IL services under a grant or contract from the DSU pursuant to §364.43(b). Significant disability means a severe physical, mental, cognitive, or sensory impairment that substantially limits an individual's ability to function independently in the family or community or to obtain, maintain, or advance in employment. State means, except for sections 711(a)(2)(A) and 721(c)(2)(A) and where otherwise specified in the Act, 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). State plan means the State IL plan required under section 704 of title VII of the Act. Transportation means travel and related expenses that are necessary to enable an individual with a significant disability to benefit from another IL service and travel and related expenses for an attendant or aide if the services of that attendant or aide are necessary to enable an individual with a significant disability to benefit from that IL service. Unserved and underserved groups or populations, with respect to groups or populations of individuals with significant disabilities in a State, include, but are not limited to, groups or populations of individuals with significant disabilities who— (1) Have cognitive and sensory impairments; (2) Are members of racial and ethnic minority groups; (3) Live in rural areas; or (4) Have been identified by the eligible agency as unserved or underserved within a center's project area. (Authority: 29 U.S.C. 706, 711(c), and 796f–796f–5) (a) Definition. Program income means gross income received by a grantee under title VII of the Act that is directly generated by an activity supported under 34 CFR part 365, 366, or 367. (b) Sources. Sources of program income include, but are not limited to, payments received from workers' compensation funds or fees for services to defray part or all of the costs of services provided to particular consumers. (c) Use of program income. (1) Program income, whenever earned, must be used for the provision of IL services or the administration of the State plan, as appropriate. (2) A service provider is authorized to treat program income as— (i) A deduction from total allowable costs charged to a Federal grant, in accordance with 34 CFR 80.25(g)(1); or (ii) An addition to the grant funds to be used for additional allowable program expenditures, in accordance with 34 CFR 80.25(g)(2). (3) Program income may not be used to meet the non-Federal share requirement under 34 CFR 365.12(b). (Authority: 29 U.S.C. 711(c); 34 CFR 80.25) (a) Except as provided in paragraph (b) of this section, any Federal funds, including reallotted funds, that are appropriated for a fiscal year to carry out a program under 34 CFR part 365, 366, or 367 that are not obligated or expended by the DSU or center prior to the beginning of the succeeding fiscal year, and any program income received during a fiscal year that is not obligated or expended by the DSU or center prior to the beginning of the succeeding fiscal year in which the program income was received, remain available for obligation and expenditure by the DSU or center during that succeeding fiscal year. (b) Federal funds appropriated for a fiscal year under part B of chapter 1 and under chapter 2 of title VII of the Act remain available for obligation in the succeeding fiscal year only to the extent that the DSU complied with any matching requirement by obligating, in accordance with 34 CFR 76.707, the non-Federal share in the fiscal year for which the funds were appropriated. (Authority: 29 U.S.C. 718)
Title 34: Education
PART 364—STATE INDEPENDENT LIVING SERVICES PROGRAM AND CENTERS FOR INDEPENDENT LIVING PROGRAM: GENERAL PROVISIONS
Subpart A—General
§ 364.1 What programs are covered?
§ 364.2 What is the purpose of the programs authorized by chapter 1 of title VII?
§ 364.3 What regulations apply?
§ 364.4 What definitions apply?
§ 364.5 What is program income and how may it be used?
§ 364.6 What requirements apply to the obligation of Federal funds and program income?
