34 C.F.R. Subpart C—What Are the State Plan Requirements?
Title 34 - Education
(a) Form and content. The State plan must contain, in the form prescribed by the Secretary, the information required by this part and any other information requested by the Secretary. (b) Duration. (1) The State plan must cover a three-year period and must be amended whenever necessary to reflect any material change in State law, organization, policy, or agency operations that affects the administration of the State plan. (2) The Secretary may require a State to submit an interim State plan for a period of less than three years following a reauthorization of the Act and prior to the effective date of final regulations. (c) Joint development-single agency. The State plan must be jointly— (1) Developed by the DSU and the SILC; and (2) Signed by the— (i) Director of the DSU (Director); and (ii) Chairperson of the SILC, acting on behalf of and at the direction of the SILC. (d) Joint development-separate agency for individuals who are blind. If a separate State agency is authorized by State law as the sole State agency with authority to administer or supervise the administration of that part of the State plan relating to the vocational rehabilitation of individuals who are blind, the State plan must be jointly— (1) Developed by the DSU, the SILC, and the separate State agency authorized to provide VR services for individuals who are blind; and (2) Signed by the— (i) Director; (ii) Director of the separate State agency authorized to provide VR services for individuals who are blind; and (iii) Chairperson of the SILC, acting on behalf of and at the direction of the SILC. (3) (Cross-reference: See §364.22(c).) (e) The State plan must assure that, as appropriate, the DSU and SILC actively consult in the development of the State plan with the Director of the CAP authorized under section 112 of the Act. (f) Periodic review and revision. The State plan must provide for the review and revision of the plan, at least once every three years, to ensure the existence of appropriate planning, financial support and coordination, and other assistance to appropriately address, on a statewide and comprehensive basis, the needs in the State for— (1) Providing State IL services; (2) Developing and supporting a statewide network of centers; and (3) Working relationships between— (i) Programs providing IL services and supporting or establishing centers; and (ii) The VR program established under title I of the Act, and other programs providing services for individuals with disabilities. (g) Public hearings. (1) The State plan must assure that the DSU and SILC conduct public meetings to provide all segments of the public, including interested groups, organizations, and individuals, an opportunity to comment on the State plan prior to its submission to the Secretary and on any revisions to the approved State plan. The DSU and SILC may meet the public participation requirement by holding the public meetings before a preliminary draft State plan is prepared or by providing a preliminary draft State plan for comment at the public meetings. (2) The State plan must assure that the DSU and SILC establish and maintain a written description of procedures for conducting public meetings in accordance with the following requirements: (i) The DSU and SILC shall provide appropriate and sufficient notice of the public meetings. Appropriate and sufficient notice means notice provided at least 30 days prior to the public meeting through various media available to the general public, such as newspapers and public service announcements, and through specific contacts with appropriate constituency groups and organizations identified by the DSU and SILC. (ii) The DSU and SILC shall make reasonable accommodation to individuals with disabilities who rely on alternative modes of communication in the conduct of the public meetings, including providing sign language interpreters and audio-loops. (iii) The DSU and SILC shall provide the notices of the public meetings, any written material provided prior to or at the public meetings, and the approved State plan in accessible formats for individuals who rely on alternative modes of communication. (h) The State plan must assure that, at the public meetings to develop the State plan, the DSU and SILC identify those provisions in the State plan that are State-imposed requirements. For purposes of this section, a State-imposed requirement includes any State law, regulation, rule, or policy relating to the DSU's administration or operation of IL programs under title VII of the Act, including any rule or policy implementing any Federal law, regulation, or guideline, that is beyond what would be required to comply with the regulations in 34 CFR parts 364, 365, 366, and 367. (i) The State plan also must address how the specific requirements in §§364.21 through 364.43 and in §§364.56 and 364.59 will be met. (Authority: 29 U.S.C. 711(c) and 796c (a) and (m)(6)) (a) Establishment. (1) To be eligible to receive assistance under chapter 1 of title VII of the Act, each State shall establish a SILC that meets the requirements of section 705 of the Act. (2) The SILC may not be established as an entity within a State agency, including the designated State agency or DSU. The SILC shall be independent of the DSU and all other State agencies. (b) Appointment and composition—(1) Appointment. Members of the SILC must be appointed by the Governor or the appropriate entity within the State responsible, in accordance with State law, for making appointments. (2) Composition. (i) The SILC must include— (A) At least one director of a center chosen by the directors of centers within the State; and (B) As ex officio, nonvoting members, a representative from the DSU and representatives from other State agencies that provide services to individuals with disabilities. (ii) The SILC may include— (A) Other representatives from centers; (B) Parents and legal guardians of individuals with disabilities; (C) Advocates of and for individuals with disabilities; (D) Representatives from private businesses; (E) Representatives from organizations that provide services for individuals with disabilities; and (F) Other appropriate individuals. (iii) A majority of the members of the SILC must be individuals with disabilities, as defined in §364.4(b), and not employed by any State agency or center. (c) Qualifications. The SILC must be composed of members— (1) Who provide statewide representation; (2) Who represent a broad range of individuals with disabilities; and (3) Who are knowledgeable about centers and IL services. (d) Voting members. A majority of the voting members of the SILC must be individuals with disabilities, as defined in §364.4(b), and not employed by any State agency or center. (e) Chairperson—(1) In general. Except as provided in paragraph (e)(2) of this section, the SILC shall select a chairperson from among the voting membership of the SILC. (2) Designation by Governor. In States in which the Governor does not have veto power pursuant to State law, the Governor shall designate a voting member of the SILC to serve as the chairperson of the SILC or shall require the SILC to so designate a voting member. (f) Terms of appointment. Each member of the SILC shall serve for term of three years, except that— (1) A member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed must be appointed for the remainder of that term; (2) The terms of service of the members initially appointed must be (as specified by the appointing authority) for the fewer number of years as will provide for the expiration of terms on a staggered basis; and (3) No member of the SILC may serve for more than two consecutive full terms. (g) Duties. The SILC shall— (1) Jointly develop and sign (in conjunction with the DSU) the State plan required by section 704 of the Act and §364.20; (2) Monitor, review, and evaluate the implementation of the State plan; (3) Coordinate activities with the State Rehabilitation Advisory Council established under section 105 of the Act and councils that address the needs of specific disability populations and issues under other Federal law; (4) Ensure that all regularly scheduled meetings of the SILC are open to the public and sufficient advance notice is provided; and (5) Submit to the Secretary all periodic reports as the Secretary may reasonably request and keep all records, and afford access to all records, as the Secretary finds necessary to verify the periodic reports. (h) Hearings. The SILC is authorized to hold any hearings and forums that the SILC determines to be necessary to carry out its duties. (i) Resource plan. (1) The SILC shall prepare, in conjunction with the DSU, a resource plan for the provision of resources, including staff and personnel, made available under parts B and C of chapter 1 of title VII of the Act, part C of title I of the Act, and from other public and private sources that may be necessary to carry out the functions of the SILC under this part. (2) The SILC's resource plan must, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the State plan. (3) No conditions or requirements may be included in the SILC's resource plan that may compromise the independence of the SILC. (4) The SILC is responsible for the proper expenditure of funds and use of resources that it receives under the resource plan. (5) A description of the SILC's resource plan required by paragraph (i)(1) of this section must be included in the State plan. (j) Staff. (1) The SILC shall, consistent with State law, supervise and evaluate its staff and other personnel as may be necessary to carry out its functions under this section. (2) While assisting the SILC in carrying out its duties, staff and other personnel made available to the SILC by the DSU may not be assigned duties by the designated State agency or DSU, or any other agency or office of the State, that would create a conflict of interest. (k) Reimbursement and compensation. The SILC may use the resources described in paragraph (i) of this section to reimburse members of the SILC for reasonable and necessary expenses of attending SILC meetings and performing SILC duties (including child care and personal assistance services) and to pay compensation to a member of the SILC, if the member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing SILC duties. (l) Conflict of interest. The code of conduct provisions in 34 CFR 74.162 and the conflict of interest provisions in 34 CFR 75.524 and 75.525 apply to members of the SILC. For purposes of this paragraph and 34 CFR 74.162, 75.524, and 75.525, a SILC is not considered a government, governmental entity, or governmental recipient. (Authority: 29 U.S.C. 796d) (a) General. The State plan must identify the DSU as the entity that, on behalf of the State, shall— (1) Receive, account for, and disburse funds received by the State under part B of chapter 1 and section 723 of title VII of the Act (and 34 CFR parts 365 and 366, as applicable) based on the plan; (2) Provide, as applicable, administrative support services for the SILS and CIL programs under part B of chapter 1 and section 723 of title VII of the Act, respectively, and 34 CFR parts 365 and 366, respectively; (3) Keep records and afford access to these records as the Secretary finds to be necessary with respect to the SILS and CIL programs; and (4) Submit additional information or provide assurances as the Secretary may require with respect to the SILS and CIL programs. (b) Provision of administrative support services. The State plan must describe the administrative support services to be provided by the DSU under paragraph (a)(2) of this section. (c) Designation of State unit for individuals who are blind. The State plan may designate a State agency or the organizational unit of a State agency that is authorized under State law to provide VR services to individuals who are blind under a State VR plan as the DSU to administer that part of the State IL plan under which IL services are provided to individuals who are blind. However, a State agency designated pursuant to this paragraph may not submit a separate State plan. (Authority: 29 U.S.C. 796c(c)) (a) General staffing requirement. The State plan must assure that the staff of the service provider includes personnel who are specialists in the development and provision of IL services and in the development and support of centers. (b) Alternative communication needs staffing. The State plan must also assure that, to the maximum extent feasible, the service provider makes available personnel able to communicate— (1) With individuals with significant disabilities who rely on alternative modes of communication, such as manual communication, nonverbal communication devices, Braille, or audio tapes, and who apply for or receive IL services under title VII of the Act; and (2) In the native languages of individuals with significant disabilities whose English proficiency is limited and who apply for or receive IL services under title VII of the Act. (Authority: 29 U.S.C. 711(c) and 796c(a)(1)) The State plan must assure that the service provider establishes and maintains a program of staff development for all classes of positions involved in providing IL services and, if appropriate, in administering the CIL program. The staff development program must emphasize improving the skills of staff directly responsible for the provision of IL services, including knowledge of and practice in the IL philosophy. (Authority: 29 U.S.C. 711(c) and 796c(a)(1)) (a) The State plan must include a design for the establishment of a statewide network of centers that comply with the standards and assurances in section 725 (b) and (c) of the Act and subparts F and G of 34 CFR part 366. (b) The design required by paragraph (a) of this section must identify unserved and underserved areas and must provide an order of priority for serving these areas. (Authority: 29 U.S.C. 711(c) and 796c(g)) (a) The State plan must include steps that will be taken to maximize the cooperation, coordination, and working relationships among— (1) The SILS program, the SILC, and centers; and (2) The DSU, other State agencies represented on the SILC, other councils that address the needs of specific disability populations and issues, and other public and private entities determined to be appropriate by the SILC. (b) The State plan must identify the entities to which the DSU and the SILC will relate in carrying out the requirements of paragraph (a) of this section. (Authority: 29 U.S.C. 796c(i)) The State plan must describe how IL services funded under chapter 1 of title VII of the Act will be coordinated with, and complement, other services, to avoid unnecessary duplication with other Federal, State, and local programs, including the OIB program authorized by chapter 2 of title VII of the Act, that provide IL- or VR-related services. This description must include those services provided by State and local agencies administering the special education, vocational education, developmental disabilities services, public health, mental health, housing, transportation, and veterans' programs, and the programs authorized under titles XVIII through XX of the Social Security Act within the State. (Authority: 29 U.S.C. 796c(j) and 752(i)(2)(C)) The State plan must include an assurance that the DSU will seek to incorporate into and describe in the State plan any new methods or approaches for the provision to older individuals who are blind of IL services that are developed under a project funded under chapter 2 of title VII of the Act and that the DSU determines to be effective. (Authority: 29 U.S.C. 711(c), 796c(j), and 796k(h)) (a) The State plan must describe efforts to coordinate Federal and State funding for centers and IL services. (b) The State plan must identify the amounts, sources, and purposes of the funding to be coordinated under paragraph (a) of this section, including the amount of State funds earmarked for the general operation of centers. (c) Cross-reference: See 34 CFR 366.30(a). (Authority: 29 U.S.C. 796c(k)) The State plan must include satisfactory assurances that all service providers will use formats that are accessible to notify individuals seeking or receiving IL services under chapter 1 of title VII about— (a) The availability of the CAP authorized by section 112 of the Act; (b) The purposes of the services provided under the CAP; and (c) How to contact the CAP. (Authority: 29 U.S.C. 718a and 796c(m)(1)) The State plan must include satisfactory assurances that all recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will take affirmative action to employ and advance in employment qualified individuals with significant disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under section 503 of the Act. (Authority: 29 U.S.C. 796c(m)(2)) (a) With respect to IL services and centers funded under chapter 1 of title VII of the Act, the State plan must include steps to be taken regarding outreach to populations in the State that are unserved or underserved by programs under title VII, including minority groups and urban and rural populations. (b) The State plan must identify the populations to be designated for targeted outreach efforts under paragraph (a) of this section and the geographic areas (i.e., communities) in which they reside. (Authority: 29 U.S.C. 796c(l)) The State plan must demonstrate how the State will address the needs of individuals with significant disabilities from minority group backgrounds. (Authority: 29 U.S.C. 711(c), 718b(b), and 796c(l)) In addition to complying with applicable EDGAR fiscal and accounting requirements, the State plan must include satisfactory assurances that all recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will adopt those fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of and accounting for those funds. (Authority: 29 U.S.C. 796c(m)(3)) In addition to complying with applicable EDGAR recordkeeping requirements, the State plan must include satisfactory assurances that all recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will maintain— (a) Records that fully disclose and document— (1) The amount and disposition by the recipient of that financial assistance; (2) The total cost of the project or undertaking in connection with which the financial assistance is given or used; (3) The amount of that portion of the cost of the project or undertaking supplied by other sources; and (4) Compliance with the requirements of chapter 1 of title VII of the Act and this part; and (b) Other records that the Secretary determines to be appropriate to facilitate an effective audit. (Authority: 29 U.S.C. 796c(m)(4)) With respect to the records that are required by §364.35, the State plan must include satisfactory assurances that all recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will submit reports that the Secretary determines to be appropriate. (Authority: 29 U.S.C. 796c(m)(4)(D)) For the purpose of conducting audits, examinations, and compliance reviews, the State plan must include satisfactory assurances that all recipients of financial assistance under parts B and C of chapter 1 and chapter 2 of title VII of the Act will provide access to the Secretary and the Comptroller General, or any of their duly authorized representatives, to— (a) The records maintained under §364.35; (b) Any other books, documents, papers, and records of the recipients that are pertinent to the financial assistance received under chapter 1 of title VII of the Act; and (c) All individual case records or files or consumer service records of individuals served under 34 CFR part 365, 366, or 367, including names, addresses, photographs, and records of evaluation included in those individual case records or files or consumer service records. (Authority: 29 U.S.C. 711(c) and 796c(m)(4)(c) and (5)) The State plan must establish a method for the periodic evaluation of the effectiveness of the plan in meeting the objectives established in §364.42, including evaluation of satisfaction by individuals with significant disabilities who have participated in the program. (Authority: 29 U.S.C. 796c(n)) In States in which State funding for centers equals or exceeds the amount of funds allotted to the State under part C of title VII of the Act, as determined pursuant to 34 CFR 366.29 and 366.31, and in which the State elects to administer the CIL program as provided in section 723 of the Act, the State plan must include policies, practices, and procedures, including the order of priorities that the State may establish pursuant to 34 CFR 366.34(a), that are consistent with section 723 of the Act to govern the awarding of grants to centers and the oversight of these centers. (Authority: 29 U.S.C. 796c (g) and (h), 796f–1(d), and 796f–2(d)) The State plan must assure that— (a) Any individual with a significant disability, as defined in §364.4(b), is eligible for IL services under the SILS and CIL programs authorized under chapter 1 of title VII of the Act; (b) Any individual may seek information about IL services under these programs and request referral to other services and programs for individuals with significant disabilities, as appropriate; and (c) The determination of an individual's eligibility for IL services under the SILS and CIL programs meets the requirements of §364.51. (Authority: 29 U.S.C. 706(15)(B) and 796b) (a) The State plan must assure that the service provider applies eligibility requirements without regard to age, color, creed, gender, national origin, race, religion, or type of significant disability of the individual applying for IL services. (b) The State plan must assure that the service provider does not impose any State or local residence requirement that excludes under the plan any individual who is present in the State and who is otherwise eligible for IL services from receiving IL services. (Authority: 29 U.S.C. 711(c) and 796c(a)(1)) (a) The State plan must specifically describe— (1) The objectives to be achieved; (2) The financial plan for the use of Federal and non-Federal funds to meet these objectives. The financial plan must identify the source and amounts of other Federal and non-Federal funds to be used to meet these objectives; and (3) How funds received under sections 711, 721, and 752 of the Act will further these objectives. (b) The objectives required by paragraph (a) of this section must address— (1) The overall goals and mission of the State's IL programs and services; (2) The various priorities for the types of services and populations to be served; and (3) The types of services to be provided. (c) In developing the objectives required by paragraph (a) of this section, the DSU and the SILC shall consider, and incorporate if appropriate, the priorities and objectives established by centers pursuant to section 725(c)(4) of the Act. (d) The State plan must establish timeframes for the achievement of the objectives required by paragraph (a) of this section. (e) The State plan must explain how the objectives required by paragraph (a) of this section are consistent with and further the purpose of chapter 1 of title VII of the Act, as stated in section 701 of the Act and §364.2. (Authority: 29 U.S.C. 796c(d)) (a) The State plan must describe the extent and scope of IL services to be provided under title VII of the Act to meet the objectives stated in §364.42. (b) The State plan must provide that the State directly, or through grants or contracts, will provide IL services with Federal, State, or other funds. (c) Unless the individual signs a waiver stating that an IL plan is unnecessary, IL services provided to individuals with significant disabilities must be in accordance with an IL plan that meets the requirements of §364.52 and that is mutually agreed upon by— (1) An appropriate staff member of the service provider; and (2) The individual. (d) If the State provides the IL services that it is required to provide by paragraph (b) of this section through grants or contracts with third parties, the State plan must describe these arrangements. (e) If the State contracts with or awards a grant to a center for the general operation of the center, the State shall delegate to the center the determination of an individual's eligibility for services from that center. If the State contracts with or awards a grant to a third party to provide specific IL services, the State may choose to delegate to the IL service provider the determination of eligibility for these services and the development of an IL plan for individuals who receive these services. (Authority: 29 U.S.C. 711(c), 796c(e)–(f), and 796f–4(b)(2))
Title 34: Education
PART 364—STATE INDEPENDENT LIVING SERVICES PROGRAM AND CENTERS FOR INDEPENDENT LIVING PROGRAM: GENERAL PROVISIONS
Subpart C—What Are the State Plan Requirements?
§ 364.20 What are the general requirements for a State plan?
§ 364.21 What are the requirements for the Statewide Independent Living Council (SILC)?
§ 364.22 What is the State's responsibility for administration of the programs authorized by chapter 1 of title VII?
§ 364.23 What are the staffing requirements?
§ 364.24 What assurances are required for staff development?
§ 364.25 What are the requirements for a statewide network of centers for independent living?
§ 364.26 What are the requirements for cooperation, coordination, and working relationships?
§ 364.27 What are the requirements for coordinating Independent Living (IL) services?
§ 364.28 What requirements relate to IL services for older individuals who are blind?
§ 364.29 What are the requirements for coordinating Federal and State sources of funding?
§ 364.30 What notice must be given about the Client Assistance Program (CAP)?
§ 364.31 What are the affirmative action requirements?
§ 364.32 What are the requirements for outreach?
§ 364.33 What is required to meet minority needs?
§ 364.34 What are the fiscal and accounting requirements?
§ 364.35 What records must be maintained?
§ 364.36 What are the reporting requirements?
§ 364.37 What access to records must be provided?
§ 364.38 What methods of evaluation must the State plan include?
§ 364.39 What requirements apply to the administration of grants under the Centers for Independent Living program?
§ 364.40 Who is eligible to receive IL services?
§ 364.41 What assurances must be included regarding eligibility?
§ 364.42 What objectives and information must be included in the State plan?
§ 364.43 What requirements apply to the provision of State IL services?
