34 C.F.R. Subpart D—Grants to Centers in States in Which State Funding Equals or Exceeds Federal Funding
Title 34 - Education
(a) The Director of the DSU (Director) may award grants under section 723 of the Act and this subpart to centers located within the State or in a bordering State in a fiscal year if— (1) The Director submits to the Secretary and obtains approval of an application to award grants for that fiscal year under section 723 of the Act and §366.32 (a) and (b); and (2) The Secretary determines that the amount of State funds that were earmarked by the State to support the general operation of centers meeting the requirements of part C of chapter 1 of title VII of the Act in the second fiscal year preceding the fiscal year for which the application is submitted equaled or exceeded the amount of funds allotted to the State under section 721 (c) and (d) of the Act (or part B of title VII of the Act as in effect on October 28, 1992) for that preceding fiscal year. (b) For purposes of section 723(a)(1)(A)(iii) of the Act and this subpart, the second fiscal year preceding the fiscal year for which the State submits an application to administer the CIL program is considered the “preceding fiscal year.” Example: If FY 1995 is the fiscal year for which the State submits an application to administer the CIL program under this subpart, FY 1993 is the “preceding fiscal year.” In determining the “preceding fiscal year” under this subpart, the Secretary makes any adjustments necessary to accommodate a State's multi-year funding cycle or fiscal year that does not coincide with the Federal fiscal year. (Authority: 29 U.S.C. 796f–2(a)(3)) (a) For purposes of this subpart, the amount of State funds that were earmarked by a State to support the general operation of centers does not include— (1) Federal funds used for the general operation of centers; (2) State funds used to purchase specific services from a center, including State funds used for grants or contracts to procure or purchase personal assistance services or particular types of skills training; (3) State attendant care funds; or (4) Social Security Administration reimbursement funds. (b) For purposes of this subpart, earmarked funds means funds appropriated by the State and expressly or clearly identified as State expenditures in the relevant fiscal year for the sole purpose of funding the general operation of centers. (Authority: 29 U.S.C. 711(c) and 796f–2(a)(1)(A)) If the State submits an application to administer the CIL program under section 723 of the Act and this subpart for a fiscal year, but did not earmark the amount of State funds required by §366.29(a)(2) in the preceding fiscal year, the State shall be ineligible to make grants under section 723 of the Act and this subpart after the end of the fiscal year succeeding the preceding fiscal year and for each succeeding fiscal year. Example: A State meets the earmarking requirement in FY 1994. It also meets this requirement in FY 1995. However, in reviewing the State's application to administer the CIL program in FY 1998, the Secretary determines that the State failed to meet the earmarking requirement in FY 1996. The State may continue to award grants in FY 1997 but may not do so in FY 1998 and succeeding fiscal years. (Authority: 29 U.S.C. 796f–2(a)(1)(B))
Title 34: Education
PART 366—CENTERS FOR INDEPENDENT LIVING
Subpart D—Grants to Centers in States in Which State Funding Equals or Exceeds Federal Funding
Determining Whether State Funding Equals or Exceeds Federal Funding
§ 366.29 When may the Director of the designated State unit (DSU) award grants to centers?
§ 366.30 What are earmarked funds?
§ 366.31 What happens if the amount of earmarked funds does not equal or exceed the amount of Federal funds for a preceding fiscal year?
Awarding Grants
§ 366.32 Under what circumstances may the DSU make grants?
(a) To be eligible to award grants under this subpart and to carry out section 723 of the Act for a fiscal year, the Director must submit to the Secretary for approval an application at the time and in the manner that the Secretary may require and that includes, at a minimum—
(1) Information demonstrating that the amount of funds earmarked by the State for the general operation of centers meets the requirements in §366.29(a)(1); and
(2) A summary of the annual performance reports submitted to the Director from centers in accordance with §366.50(n).
(b) If the amount of funds earmarked by the State for the general operation of centers meets the requirements in §366.29(a)(1), the Secretary approves the application and designates the Director to award the grants and carry out section 723 of the Act.
(c) If the Secretary designates the Director to award grants and carry out section 723 of the Act under paragraph (b) of this section, the Director makes grants to eligible agencies in a State, as described in §366.2, for a fiscal year from the amount of funds allotted to the State under section 721(c) and (d) of the Act.
(d)(1) In the case of a State in which there is both a DSU responsible for providing IL services to the general population and a DSU responsible for providing IL services for individuals who are blind, for purposes of subparts D and E of this part, the “Director” shall be the Director of the general DSU.
(2) The State units described in paragraph (d)(1) of this section shall periodically consult with each other with respect to the provision of services for individuals who are blind.
(e) The Director may enter into assistance contracts with centers to carry out section 723 of the Act. For purposes of this paragraph, an assistance contract is an instrument whose principal purpose is to transfer funds allotted to the State under section 721 (c) and (d) of the Act and this part to an eligible agency to carry out section 723 of the Act. Under an assistance contract, the DSU shall assume a role consistent with that of the Secretary under section 722 of the Act. If the DSU uses an assistance contract to award funds under section 723 of the Act, the DSU may not add any requirements, terms, or conditions to the assistance contract other than those that would be permitted if the assistance contract were a grant rather than an assistance contract. Under an assistance contract, as defined in this paragraph, the role of the DSU is to ensure that the terms of the assistance contract, which are established by chapter 1 of title VII of the Act and the implementing regulations in this part and 34 CFR part 364, are satisfied.
(f) The Director may not enter into procurement contracts with centers to carry out section 723 of the Act. For purposes of this paragraph, a procurement contract is an instrument whose principal purpose is to acquire (by purchase, lease, or barter) property or services for the direct benefit or use of the DSU. Under a procurement contract, the DSU prescribes the specific services it intends to procure and the terms and conditions of the procurement.
(g) In the enforcement of any breach of the terms and conditions of an assistance contract, the DSU shall follow the procedures established in §§366.40 through 366.45.
(Approved by the Office of Management and Budget under control number 1820–0018)(Authority: 29 U.S.C. 711(c) and 796f–2(a)(2))
§ 366.33 What are the application requirements for existing eligible agencies?
To be eligible for assistance under this subpart, an eligible agency shall comply with the requirements in §366.21.
(Approved by the Office of Management and Budget under control number 1820–0018)(Authority: 29 U.S.C. 796f–2(b))
§ 366.34 What is the order of priorities?
(a) Unless the Director and the chairperson of the SILC, or other individual designated by the SILC to act on behalf of and at the direction of the SILC, jointly agree on another order of priorities, the Director shall follow the order of priorities in §366.22 for allocating funds among centers within a State, to the extent funds are available.
(b) If the order of priorities in §366.22 is followed and, after meeting the priorities in §366.22(a) (1) and (2), there are insufficient funds under the State's allotment under section 721(c) and (d) of the Act to fund a new center under §366.22(a)(3), the Director may—
(1) Use the excess funds in the State to assist existing centers consistent with the State plan; or
(2) Return these funds to the Secretary for reallotment in accordance with section 721(d) of the Act.
(Authority: 29 U.S.C. 711(c) and 796f–2(e))
§ 366.35 What grants must be made to existing eligible agencies?
In accordance with the order of priorities established in §366.34(a), an eligible agency may receive a grant under this subpart if the eligible agency meets the applicable requirements in §§366.2, 366.21, and 366.23.
(Authority: 29 U.S.C. 796f–2(c))
§ 366.36 How is an award made to a new center?
To be eligible for a grant as a new center under this subpart, an eligible agency shall meet the requirements for a new center in §§366.2(b) and 366.24, except that the award of a grant to a new center under this section is subject to the order of priorities in §366.34(a).
(Authority: 29 U.S.C. 796f–2(d))
§ 366.37 What procedures does the Director of the DSU (Director) use in making a grant for a new center?
(a) In selecting from among applicants for a grant for a new center under §366.24 of this subpart—
(1) The Director and the chairperson of the SILC, or other individual designated by the SILC to act on behalf of and at the direction of the SILC, shall jointly appoint a peer review committee that shall rank applications in accordance with the standards and assurances in section 725 (b) and (c) of the Act and subparts F and G of this part and any criteria jointly established by the Director and the chairperson or other designated individual;
(2) The peer review committee shall consider the ability of each applicant to operate a center and shall recommend an applicant to receive a grant under this subpart, based on either the selection criteria in §366.27 or the following:
(i) Evidence of the need for a center, consistent with the State plan.
(ii) Any past performance of the applicant in providing services comparable to IL services.
(iii) The plan for complying with, or demonstrated success in complying with, the standards and the assurances in section 725 (b) and (c) of the Act and subparts F and G of this part.
(iv) The quality of key personnel of the applicant and the involvement of individuals with significant disabilities by the applicant.
(v) The budget and cost-effectiveness of the applicant.
(vi) The evaluation plan of the applicant.
(vii) The ability of the applicant to carry out the plans identified in paragraphs (a)(2) (iii) and (vi) of this section.
(b) The Director shall award the grant on the basis of the recommendations of the peer review committee if the actions of the committee are consistent with Federal and State law.
(Approved by the Office of Management and Budget under control number 1820–0018)(Authority: 29 U.S.C. 796f–2(d)(2))
§ 366.38 What are the procedures for review of centers?
(a) The Director shall, in accordance with section 723(g)(1) and (h) of the Act, periodically review each center receiving funds under section 723 of the Act to determine whether the center is in compliance with the standards and assurances in section 725 (b) and (c) of the Act and subparts F and G of this part.
(b) The periodic reviews of centers required by paragraph (a) of this section must include annual on-site compliance reviews of at least 15 percent of the centers assisted under section 723 of the Act in that State in each year.
(c) Each team that conducts an on-site compliance review of a center shall include at least one person who is not an employee of the designated State agency, who has experience in the operation of centers, and who is jointly selected by the Director and the chairperson of the SILC, or other individual designated by the SILC to act on behalf of and at the direction of the SILC.
(d) A copy of each review under this section shall be provided to the Secretary and the SILC.
(Approved by the Office of Management and Budget under control number 1820–0018)(Authority: 29 U.S.C. 711(c) and 796f–2(g)(1) and (h))
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