34 C.F.R. PART 377—DEMONSTRATION PROJECTS TO INCREASE CLIENT CHOICE PROGRAM
Title 34 - Education
Authority: Sec. 802(g) of the Rehabilitation Act of 1973; 29 U.S.C. 797a(g), unless otherwise noted.
Source: 58 FR 40709, July 29, 1993, unless otherwise noted.
The Demonstration Projects to Increase Client Choice Program is designed to provide financial assistance for projects that demonstrate ways to increase client choice in the vocational rehabilitation process, including choice in the selection of vocational rehabilitation goals, services, and providers. (Authority: Sec. 802(g)(1) of the Rehabilitation Act of 1973; 29 U.S.C. 797a(g)(1)) States and public and nonprofit agencies and organizations are eligible to receive a grant under this program. (Authority: Sec. 802(g)(1) of the Rehabilitation Act of 1973; 29 U.S.C. 797a(g)(1)) The Secretary provides financial assistance under this program for activities that are directly related to planning, operating, and evaluating projects to demonstrate effective ways to increase the choices available to eligible clients in the rehabilitation process as follows: (a) At a minimum, all projects must demonstrate effective ways to increase the choices available to clients in selecting goals, services, and providers of services. (b) Projects may also use these funds to demonstrate additional ways to increase the choices available to clients in the rehabilitation process. (Authority: Secs. 802(g)(1) and 802(g)(2)(A) of the Rehabilitation Act of 1973; 29 U.S.C. 797a(g) (1) and (2)) The following regulations apply to the Demonstration Projects to Increase Client Choice Program: (a) The Education Department General Administrative Regulations (EDGAR) as follows: (1) 34 CFR part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations). (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 following regulations in 34 CFR part 369 (Vocational Rehabilitation Service Projects): §§369.43, 369.46, and 369.47. (c) The regulations in this part 377. (Authority: Sec. 802(g) of the Rehabilitation Act of 1973; 29 U.S.C. 797a(g)) (a) Definitions in the Rehabilitation Act of 1973, as amended (the Act). The following terms used in this part are defined in the Act: Client or eligible client means an individual with a disability who is not currently receiving services under an individualized written rehabilitation program established through a designated State unit. (Section 802(g)(8) of the Act) Individual with a disability means any individual who— (1) Has a physical or mental impairment that 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, III, VI, or VIII of the Act. (Section 7(8)(A) 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), spinal cord conditions (including paraplegia and quadriplegia), sickle cell anemia, specific learning disability, 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 to cause comparable substantial functional limitation. (Section 7(15)(A) of the Act) State means 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). (Section 7(16) of the Act) Vocational rehabilitation services means the services authorized in section 103(a) of the Act. (Section 103(a) of the Act) (b) Definitions in EDGAR. (1) The following terms used in this part are defined in 34 CFR 77.1: Applicant Application Award Budget period Department EDGAR Nonprofit Project Project period Public Secretary (2) The following terms used in this part are defined in 34 CFR 74.3: Grant Grantee (c) Other definitions. The following definitions also apply to this part: Employment outcome means entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market, the practice of a profession, self-employment, homemaking, farm or family work (including work for which payment is in kind rather than in cash), extended employment in a community rehabilitation program, supported employment, or other gainful work. Voucher means a credit of specified monetary value, issued by a grantee to an eligible client, that the eligible client exchanges for vocational rehabilitation services from a qualified provider. (Authority: Secs. 7(5), 7(8)(A), and 802(g) of the Rehabilitation Act of 1973; 29 U.S.C. 706 and 29 U.S.C. 797a(g)) [58 FR 40709, July 29, 1993, as amended at 59 FR 8340, Feb. 18, 1994] In order to apply for a grant, an eligible entity shall submit an application to the Secretary in response to an application notice published in the (Authority: Sec. 802(g)(3) of the Rehabilitation Act of 1973; 29 U.S.C. 797a(g)(3)) (a) The grant application must include a description of— (1) The manner in which the applicant intends to promote increased client choice in the geographical area identified in the application; (2) The manner in which the applicant intends to provide individuals, including individuals with cognitive disabilities, the information necessary to make informed choices, including, at a minimum, informed choices in the selection of goals, services, and providers. (3) The outreach activities the applicant plans to conduct to obtain eligible clients, including clients who are individuals with a severe disability; (4) The manner in which the applicant will ensure that service providers are accredited or meet any quality assurance and cost-control criteria established by the State; (5) The manner in which the applicant will ensure that eligible clients are satisfied with the quality and scope of services provided; (6) The manner in which the applicant will monitor and account for use of funds to purchase services; (7) The manner in which the applicant will determine the monetary value of the services or products available to clients, including, if appropriate, the monetary value of vouchers; (8) The manner in which the applicant will address the needs of individuals with disabilities who are from minority backgrounds; and (9) Those features of the proposed project that the applicant considers to be essential and a discussion of their potential for widespread replication. (b) The application also must include assurances from the applicant that— (1) A written plan to provide vocational rehabilitation services will be established for, and with the full participation of, each eligible client, and, if the client elects, with the participation also of family members, guardians, advocates, or authorized representatives, that at a minimum will include— (i) A statement of the client's vocational rehabilitation goals, which must include goals that are designed to lead to an employment outcome consistent with the client's unique strengths, resources, priorities, concerns, abilities, and capabilities; (ii) A statement of the specific vocational rehabilitation services to be provided and the projected dates for the initiation and termination of each service; and (iii) A description of an evaluation procedure for determining whether the client's vocational rehabilitation goals are being achieved, including— (A) Objective evaluation criteria; and (B) An evaluation schedule; (2) The Federal funds granted under this part will be used to supplement, and in no case to supplant, funds made available from other Federal and non-Federal sources for projects providing increased choice in the rehabilitation process; (3) At least 80 percent of the funds awarded for any project under this part will be used to provide vocational rehabilitation services, as specifically chosen by eligible clients; (4) The applicant will cooperate fully with the Secretary in a national evaluation, including assisting the Department's contractor in selecting and obtaining data for a control group established through random assignment or by the selection of a matched comparison group; and (5) Individuals with disabilities will be involved in the development and implementation of the project. (c) Each applicant also shall submit to the Secretary any other information and assurances that the Secretary determines to be necessary. (Authority: Secs. 21(b)(6), 802(g)(2), 802(g)(3), 802(g)(5), 802(g)(6), and 802(g)(7) of the Rehabilitation Act of 1973; 29 U.S.C. 718b and 29 U.S.C. 797a(g)(2), (3), (5), (6), and (7)) (a) The Secretary evaluates an application on the basis of the criteria in §377.21. (b) The Secretary awards up to 100 points for these criteria. (c) The maximum possible score for each criterion is indicated in parentheses. (Authority: Sec. 802(g)(3) of the Rehabilitation Act of 1973; 29 U.S.C. 797a(g)(3)) The Secretary uses the following criteria to evaluate an application: (a) Plan of operation. (30 points) The Secretary reviews each application to determine the quality of the plan of operation for the project, including— (1) The extent to which the project includes specific intended outcomes that— (i) Will accomplish the purpose of the program to provide increased client choice in the rehabilitation process, including at a minimum increased choice in the selection of goals, services, and providers, leading to an employment outcome; (ii) Are attainable within the project period, given the project's budget and other resources; (iii) Are objective and measurable for purposes of evaluation, including an estimate of the numbers of clients to be served; (iv) Include objectives to be met during each budget period that can be used to determine the progress of the project toward meeting its intended outcomes; (2) The extent to which the plan of operation specifies the methodology for accomplishing each objective of the project; (3) The extent to which the applicant's plan of management, including resources and timelines, is designed to achieve each objective and intended outcome during the period of Federal funding; (4) The extent to which the applicant's plan identifies the numbers of eligible clients by type of disability and the number of eligible clients with severe disabilities who are available to participate in the project; (5) The extent to which the applicant plans to conduct outreach activities to obtain eligible clients; (6) The extent to which the applicant's plan ensures that clients who are otherwise eligible to participate are selected without regard to race, color, national origin, gender, or age; (7) The extent to which the applicant's plan describes a workable process for determining the monetary value of any service or product offered to eligible clients, including, if appropriate, the value of vouchers; and (8) The extent to which the applicant's plan describes a satisfactory system for conducting vocational assessment with eligible clients to ensure that a full range of vocational goals are considered. (b) Key personnel and other resources. (15 points) (1) The Secretary reviews each application to determine the quality of key personnel proposed for the project, including— (i) The relevant experience and training of the project director; (ii) The relevant experience and training of each of the other key personnel to be used on the project; (iii) The amount of time that each person referred to in paragraphs (b)(1)(i) and (ii) of this section will commit to the project; (iv) The extent to which persons referred to in paragraphs (b)(1)(i) and (ii) of this section are capable of providing technical assistance to other entities interested in replicating the project; and (v) The extent to which the applicant will ensure that persons employed through the project are selected and work without regard to race, color, national origin, gender, age, or disabling condition. (2) The Secretary reviews each application to determine the adequacy of the resources the applicant plans to devote to the project, including— (i) The facilities that the applicant plans to use; (ii) The equipment and supplies that the applicant plans to use; and (iii) The recordkeeping capabilities of the applicant for financial and evaluation purposes. (c) Service provision. (20 points) The Secretary reviews each application to determine the quality and comprehensiveness of the services to be offered and the applicant's capacity to provide increased choice in the provision of services to eligible clients, including the extent to which the applicant— (1) Has the capacity to evaluate the eligibility of applicants for services and to develop written plans for services for individual clients; (2) Has demonstrated knowledge of a wide range of potential service providers that can meet the needs of eligible clients; (3) Has described a workable process for enabling eligible clients to choose from among a wide range of service providers; (4) Has described satisfactory systems to account for the appropriate expenditure of funds; and (5) Has described satisfactory systems to ensure the provision of quality services. (d) Evaluation plan. (10 points) The Secretary reviews each application to determine the quality of the evaluation plan for the project, including the extent to which the applicant's methods of evaluation— (1) Are appropriate to the project; (2) Will determine how successful the project is in meeting its intended outcomes; and (3) Are objective and produce data that are quantifiable, including data that are required under §377.30. (e) National significance. (15 points) The Secretary reviews each application to determine the extent to which— (1) Project findings might be effectively used within the State vocational rehabilitation service system; and (2) Project activities might be successfully replicated by other entities. (f) Budget and cost effectiveness. (10 points) The Secretary reviews each application to determine the extent to which— (1) The budget for the project is adequate to support the project activities; (2) Costs are reasonable in relation to the objectives of the project. (Authority: Sec. 802(g)(3) of the Rehabilitation Act of 1973; 29 U.S.C. 797a(g)(3)) In addition to the criteria in §377.21, the Secretary considers the following factors in making grants under this program: (a) The diversity of strategies to increase client choice, in order to ensure that a variety of approaches are demonstrated by funded projects. (b) The diversity of clients to be served, in order to ensure that a variety of disability populations are served by funded projects. (c) The geographical distribution of funded projects. (Authority: Sec. 802(g)(4) of the Rehabilitation Act of 1973; 29 U.S.C. 797a(g)(4)) (a) Each grantee shall maintain the records that the Secretary requires to conduct an evaluation of projects funded under this program, which at a minimum must include information regarding the— (1) Types of services provided; (2) Costs of services provided; (3) Number of clients served by disability, race, gender, and age; (4) Number of clients with a severe disability served; (5) Client outcomes obtained; (6) Implementation issues addressed; and (7) Any other information the Secretary requires. (b) Each grantee shall comply with any request from the Secretary for those records. (Authority: Secs. 802(g)(5) and 802(g)(7) of the Rehabilitation Act of 1973; 29 U.S.C. 797a(g) (5) and (7)) Each grantee shall advise all clients and applicants for services under this program, or their parents, family members, guardians, advocates, or authorized representatives, of the availability and purposes of the Client Assistance Program under section 112 of the Act, including information on means of seeking assistance under that program. (Authority: Sec. 20 of the Rehabilitation Act of 1973; 29 U.S.C 718a) Grants may be made for paying all or part of the costs of projects under this program. If part of the costs is to be covered by the grantee, the amount of grantee contribution is specified in the application notice and will not be required to be more than 10 percent of the total cost of the project. (Authority: Sec. 802(g)(1) of the Rehabilitation Act of 1973; 29 U.S.C. 797a(g)(1))
Title 34: Education
PART 377—DEMONSTRATION PROJECTS TO INCREASE CLIENT CHOICE PROGRAM
Section Contents
§ 377.1 What is the Demonstration Projects to Increase Client Choice Program?
§ 377.2 Who is eligible for an award?
§ 377.3 What types of activities may the Secretary fund?
§ 377.4 What regulations apply?
§ 377.5 What definitions apply?
§ 377.10 How does an eligible entity apply for an award?
§ 377.11 What is the content of an application for an award?
§ 377.20 How does the Secretary evaluate an application?
§ 377.21 What selection criteria does the Secretary use?
§ 377.22 What additional factors does the Secretary consider in making grants?
§ 377.30 What information must a grantee maintain and provide to the Secretary?
§ 377.31 What information must a grantee provide to eligible clients?
§ 377.32 What are the matching requirements?
Subpart A—General
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§ 377.1 What is the Demonstration Projects to Increase Client Choice Program?
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§ 377.2 Who is eligible for an award?
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§ 377.3 What types of activities may the Secretary fund?
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§ 377.4 What regulations apply?
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§ 377.5 What definitions apply?
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Subpart B—How Does One Apply for an Award?
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§ 377.10 How does an eligible entity apply for an award?
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§ 377.11 What is the content of an application for an award?
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Subpart C—How Does the Secretary Make an Award?
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§ 377.20 How does the Secretary evaluate an application?
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§ 377.21 What selection criteria does the Secretary use?
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§ 377.22 What additional factors does the Secretary consider in making grants?
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Subpart D—What Post-Award Conditions Must Be Met by a Grantee?
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§ 377.30 What information must a grantee maintain and provide to the Secretary?
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§ 377.31 What information must a grantee provide to eligible clients?
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§ 377.32 What are the matching requirements?
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