34 C.F.R. Subpart A—General
Title 34 - Education
The purpose of this program is to (a) Create and expand job and career opportunities for individuals with disabilities in the competitive labor market by engaging the talent and leadership of private industry as partners in the rehabilitation process; (b) Identify competitive job and career opportunities and the skills needed to perform these jobs; (c) Create practical settings for job readiness and job training programs; and (d) Provide job placements and career advancement. (Authority: 29 U.S.C. 795(a)(1)) (a) The Secretary may, in consultation with the Secretary of Labor and with the appropriate designated State unit or units, make a grant under this program to any— (1) Community rehabilitation program provider; (2) Designated State unit (DSU); (3) Employer; (4) Indian tribe or tribal organization; (5) Labor union; (6) Nonprofit agency or organization; (7) Trade association; or (8) Other agency or organization with the capacity to create and expand job and career opportunities for individuals with disabilities. (b) The Secretary may make new awards only to those eligible entities identified in paragraph (a) of this section that propose to serve individuals with disabilities in States, portions of States, Indian tribes, or tribal organizations that are currently unserved or underserved by the PWI program. (Authority: 29 U.S.C. 795(a)(2) and 795(e)(2)) (a) An individual is eligible for services under this program if— (1) The individual is an individual with a disability or an individual with a significant disability; (2) The individual requires vocational services to prepare for, secure, retain, or regain employment; and (3) The determination of eligibility is consistent with section 102(a) of the Rehabilitation Act of 1973, as amended (Act), 29 U.S.C. 701–796l. (b) The recipient of the grant under which the services are provided may determine an individual's eligibility for services under this program, to the extent that the determination is appropriate and consistent with the requirements of section 102(a) of the Act. See Appendix B to this part for further information. (c) Except as provided in paragraph (d) of this section, an individual who has a disability or is blind, as determined pursuant to title II or title XVI of the Social Security Act (42 U.S.C. 401–433 and 1381–1385)— (1) Is considered to be an individual with a significant disability; and (2) Is presumed to be eligible for vocational rehabilitation (VR) services under this program (provided that the individual intends to achieve an employment outcome consistent with the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual). (d) The DSU or recipient of the grant involved may deny an individual services if the DSU or recipient of the grant involved can demonstrate, by clear and convincing evidence, that the individual is incapable of benefiting in terms of an employment outcome from VR services due to the significance of the disability of the individual. (Authority: 29 U.S.C. 722(a)(3) and 795(a)(3)) The following regulations apply to the Projects With Industry program: (a) The Education Department General Administrative Regulations (EDGAR) as follows: (1) 34 CFR part 74 (Administration of Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit 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 and Alcohol Abuse Prevention). (b) The regulations in this part 379. (Authority: 29 U.S.C. 711(c) and 795) (a) The following terms used in this part are defined in 34 CFR part 361:
Act Community rehabilitation program Designated State unit Individual who is blind Individual with a disability Individual with a significant disability Physical or mental impairment Substantial impediment to employment (b) The following definitions also apply to this part: (1) Career advancement services mean services that develop specific job skills beyond those required by the position currently held by an individual with a disability to assist the individual to compete for a promotion or achieve an advanced position. (2) Competitive employment, as the placement outcome under this program, means work— (i) In the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and (ii) For which an individual is compensated at or above the minimum wage, but not less than the customary or usual wage and terms and benefits provided by the employer for the same or similar work performed by individuals who are not disabled. (3) Integrated setting, as part of the definition of “competitive employment,” means a setting typically found in the community in which individuals with disabilities interact with non-disabled individuals, other than non-disabled individuals who are providing services to them, to the same extent that non-disabled individuals in comparable positions interact with other persons. (4) Job readiness training, as used in §379.41(a), means— (i) Training in job-seeking skills; (ii) Training in the preparation of resumes or job applications; (iii) Training in interviewing skills; (iv) Participating in a job club; or (v) Other related activities that may assist an individual to secure competitive employment. (5) Job training, as used in this part, means one or more of the following training activities provided prior to placement, as that term is defined in §379.5(b)(7): (i) Occupational skills training. (ii) On-the-job training. (iii) Workplace training combined with related instruction. (iv) Job skill upgrading and retraining. (v) Training to enhance basic work skills and workplace competencies. (vi) On-site job coaching. (6) Person served means an individual for whom services by a PWI project have been initiated with the objective that those services will result in a placement in competitive employment. (7) Placement means the attainment of competitive employment by a person who has received services from a PWI project and has maintained employment for a period of at least 90 days. (Authority: 29 U.S.C. 711(c) and 795)
Title 34: Education
PART 379—PROJECTS WITH INDUSTRY
Subpart A—General
§ 379.1 What is the Projects With Industry (PWI) program?
§ 379.2 Who is eligible for a grant award under this program?
§ 379.3 Who is eligible for services under this program?
§ 379.4 What regulations apply?
§ 379.5 What definitions apply?
