34 C.F.R. PART 385—REHABILITATION TRAINING
Title 34 - Education
Authority: 29 U.S.C. 711(c), 772, and 774, unless otherwise noted.
Source: 45 FR 86379, Dec. 30, 1980, unless otherwise noted.
(a) The Rehabilitation Training program is designed to— (1) Ensure that skilled personnel are available to provide rehabilitation services to individuals with disabilities through vocational, medical, social, and psychological rehabilitation programs, through supported employment programs, through independent living services programs, and through client assistance programs; (2) Maintain and upgrade basic skills and knowledge of personnel employed to provide state-of-the-art service delivery systems and rehabilitation technology services; and (3) Provide training and information to individuals with disabilities, the parents, families, guardians, advocates, and authorized representatives of the individuals, and other appropriate parties to develop the skills necessary for individuals with disabilities to access the rehabilitation system and to become active decisionmakers in the rehabilitation process. (b) The Secretary awards grants and contracts to pay part of the costs of projects for training, traineeships, and related activities, including the provision of technical assistance, to assist in increasing the numbers of qualified personnel trained in providing rehabilitation services and other services provided under the Act, to individuals with disabilities. Financial assistance is provided through six categories of training programs: (1) Rehabilitation Long-Term Training (34 CFR part 386). (2) Experimental and Innovative Training (34 CFR part 387). (3) State Vocational Rehabilitation Unit In-Service Training (34 CFR part 388). (4) Rehabilitation Continuing Education Programs (34 CFR part 389). (5) Rehabilitation Short-Term Training (34 CFR part 390). (6) Training of Interpreters for Individuals Who Are Deaf and Individuals Who Are Deaf-Blind (34 CFR part 396). (Authority: Secs. 301 and 302 of the Act; 29 U.S.C. 770 and 774) [59 FR 8344, Feb. 18, 1994] States and public or nonprofit agencies and organizations, including Indian tribes and institutions of higher education, are eligible for assistance under the Rehabilitation Training program. (Authority: Secs. 7(19) and 302 of the Act; 29 U.S.C. 706(19) and 774) [59 FR 8345, Feb. 18, 1994] The following regulations apply to the Rehabilitation Training 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 regulations in this part 385. (c) The regulations in 34 CFR parts 386, 387, 388, 389, 390, and 396, as appropriate. (Authority: Secs. 12(c) and 302 of the Act; 29 U.S.C. 711(c) and 774) [59 FR 8345, Feb. 18, 1994] (a) The following definitions in 34 CFR part 77 apply to the programs under the Rehabilitation Training Program—
Applicant Application Award Budget Period Department EDGAR Nonprofit Private Project Project Period Public Secretary (b) The following definitions also apply to programs under the Rehabilitation Training program: Act means the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), as amended. Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. Assistive technology service means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. The term includes— (1) The evaluation of the needs of an individual with a disability, including a functional evaluation of the individual in the individual's customary environment; (2) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (3) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices; (4) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; (5) Training or technical assistance for an individual with disabilities, or, if appropriate, the family of an individual with disabilities; and (6) Training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities. Community rehabilitation program means a program that provides directly or facilitates the provision of vocational rehabilitation services to individuals with disabilities, and that provides, singly or in combination, for an individual with a disability to enable the individual to maximize opportunities for employment, including career advancement— (1) Medical, psychiatric, psychological, social, and vocational services that are provided under one management; (2) Testing, fitting, or training in the use of prosthetic and orthotic devices; (3) Recreational therapy; (4) Physical and occupational therapy; (5) Speech, language, and hearing therapy; (6) Psychiatric, psychological, and social services, including positive behavior management; (7) Assessment for determining eligibility and vocational rehabilitation needs; (8) Rehabilitation technology; (9) Job development, placement, and retention services; (10) Evaluation or control of specific disabilities; (11) Orientation and mobility services for individuals who are blind; (12) Extended employment; (13) Psychosocial rehabilitation services; (14) Supported employment services and extended services; (15) Services to family members when necessary to the vocational rehabilitation of the individual; (16) Personal assistance services; or (17) Services similar to the services described in paragraphs (1) through (16) of this definition. Designated State agency means an agency designated under section 101(a)(1)(A) of the Act. Designated State unit means (1) Any State agency unit required under section 101(a)(2)(A) of the Act, or (2) In cases in which no State agency unit is required, the State agency described in section 101(a)(2)(B)(i) of the Act. Independent living core services means— (1) Information and referral services; (2) Independent living skills training; (3) Peer counseling, including cross-disability peer counseling; and (4) Individual and systems advocacy. Independent living services includes— (1) Independent living core services; and (2)(i) Counseling services, including psychological, psychotherapeutic, and related services; (ii) Services related to securing housing or shelter, including services related to community group living, and supportive of the purposes of this Act and of the titles of this Act, and adaptive housing services (including appropriate accommodations to and modifications of any space used to serve, or occupied by, individuals with disabilities); (iii) Rehabilitation technology; (iv) Mobility training; (v) Services and training for individuals with cognitive and sensory disabilities, including life skills training, and interpreter and reader services; (vi) Personal assistance services, including attendant care and the training of personnel providing these services; (vii) Surveys, directories, and other activities to identify appropriate housing, recreation opportunities, and accessible transportation, and other support services; (viii) Consumer information programs on rehabilitation and independent living services available under this Act, especially for minorities and other individuals with disabilities who have traditionally been unserved or underserved by programs under this Act; (ix) Education and training necessary for living in the community and participating in community activities; (x) Supported living; (xi) Transportation, including referral and assistance for transportation; (xii) Physical rehabilitation; (xiii) Therapeutic treatment; (xiv) Provision of needed prostheses and other appliances and devices; (xv) Individual and group social and recreational services; (xvi) Training to develop skills specifically designed for youths who are individuals with disabilities to promote self-awareness and esteem, develop advocacy and self-empowerment skills, and explore career options; (xvii) Services for children; (xviii) 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 disabilities; (xvix) Appropriate preventive services to decrease the need of individuals assisted under this Act for similar services in the future; (xx) Community awareness programs to enhance the understanding and integration of individuals with disabilities; and (xxi) Such other services as may be necessary and not inconsistent with the provisions of this Act. Individual with a disability means any individual who— (1) Has a physical or mental impairment, which 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, II, III, VI, or VIII 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), paraplegia, quadriplegia and other spinal cord conditions, sickle-cell anemia, specific learning disabilities, 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. Institution of higher education has the meaning given the term in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). Personal assistance services means a range of services provided by one or more persons designed to assist an individual with a 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. The services shall be designed to increase the individual's control in life and ability to perform everyday activities on or off the job. Qualified personnel: (1) For designated State agencies or designated State units, means personnel who have met standards that are consistent with existing national or State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which such personnel are providing vocational rehabilitation services. (2) For other than designated State agencies or designated State units, means personnel who have met existing State certification or licensure requirements, or in the absence of State requirements, have met professionally accepted requirements established by national certification boards. Rehabilitation technology means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services. State includes, 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). Stipend means financial assistance on behalf of individuals in support of their training, as opposed to salary payment for services provided within the project. Supported employment means— (1) Competitive work in integrated work settings for individuals with the most severe disabilities— (i)(A) For whom competitive employment has not traditionally occurred; or (B) For whom competitive employment has been interrupted or intermittent as a result of a severe disability; and (ii) Who, because of the nature and severity of their disability, need intensive supported employment services from the designated State unit and extended services after transition in order to perform this work. (2) Transitional employment for individuals with the most severe disabilities due to mental illness. Supported employment services means ongoing support services and other appropriate services needed to support and maintain an individual with most severe disability in supported employment, that are— (1) Provided singly or in combination and are organized and made available in such a way as to assist an eligible individual in entering or maintaining integrated, competitive employment; (2) Based on a determination of the needs of an eligible individual, as specified in an individualized written rehabilitation program; and (3) Provided by the designated State unit for a period of time not to extend beyond 18 months, unless under special circumstances the eligible individual and the rehabilitation counselor or coordinator jointly agree to extend the time in order to achieve the rehabilitation objectives identified in the individualized written rehabilitation program. Vocational rehabilitation services means the same as the term is defined in 34 CFR 369.4(b). (Authority: Secs. 7, 12(c), and 101(a)(7) of the Act; 29 U.S.C. 706, 711(c), and 721(a)(7)) [45 FR 86379, Dec. 30, 1980, as amended at 50 FR 38631, Sept. 23, 1985; 53 FR 17146, May 13, 1988; 59 FR 8345, Feb. 18, 1994] The Secretary gives the designated State agency an opportunity to review and comment on applications submitted from within the State that it serves. The procedures to be followed by the applicant and the State are in EDGAR §§75.155–75.159. (Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c)) [45 FR 86379, Dec. 30, 1980, as amended at 59 FR 8347, Feb. 18, 1994] (a) The Secretary evaluates applications under the procedures in 34 CFR part 75. (b) The Secretary evaluates each application using selection criteria identified in parts 386, 387, 388, 389 and 390, as appropriate. (c) In addition to the selection criteria described in paragraph (b) of this section, the Secretary evaluates each application using— (1) Selection criteria in 34 CFR 75.210; (2) Selection criteria established under 34 CFR 75.209; or (3) A combination of selection criteria established under 34 CFR 75.209 and selection criteria in 34 CFR 75.210. (Authority: 29 U.S.C. 711(c)) [62 FR 10404, Mar. 6, 1997] In addition to the selection criteria listed in §75.210 and parts 386 through 390, the Secretary, in making awards under this program, considers such factors as— (a) The geographical distribution of projects in each Rehabilitation Training Program category throughout the country; and (b) The past performance of the applicant in carrying out similar training activities under previously awarded grants, as indicated by such factors as compliance with grant conditions, soundness of programmatic and financial management practices and attainment of established project objectives. (Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c)) [45 FR 86379, Dec. 30, 1980, as amended at 62 FR 10404, Mar. 6, 1997] If a project funded under 34 CFR parts 386 through 390 or 396 establishes an advisory committee, its membership must include individuals with disabilities or parents, family members, guardians, advocates, or other authorized representatives of the individuals; members of minority groups; trainees; and providers of vocational rehabilitation and independent living rehabilitation services. (Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c)) [59 FR 8347, Feb. 18, 1994] If the collection of data is necessary from individuals with disabilities being served by two or more designated State agencies or from employees of two or more of these agencies, the project director must submit requests for the data to appropriate representatives of the affected agencies, as determined by the Secretary. This requirement also applies to employed project staff and individuals enrolled in courses of study supported under these programs. (Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c)) [45 FR 86379, Dec. 30, 1980, as amended at 53 FR 17147, May 13, 1988; 59 FR 8347, Feb. 18, 1994] A set of any training materials developed under the Rehabilitation Training Program must be submitted to any information clearinghouse designated by the Secretary. (Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c)) Any grantee who provides training of rehabilitation counselors or other rehabilitation personnel under any of the programs in 34 CFR parts 386 through 390 shall train those counselors and personnel on the services provided under this Act, and, in particular, services provided in accordance with amendments made by the Rehabilitation Act Amendments of 1992. The grantee shall also furnish training to these counselors and personnel regarding the applicability of section 504 of this Act, title I of the Americans with Disabilities Act of 1990, and the provisions of titles II and XVI of the Social Security Act that are related to work incentives for individuals with disabilities. (Authority: Sec. 302(a)(3) of the Act; 29 U.S.C. 774(a)(3)) [59 FR 8347, Feb. 18, 1994] Any grantee or contractor who provides training under any of the programs in 34 CFR parts 386 through 390 and 396 shall give due regard to the training of individuals with disabilities as part of its effort to increase the number of qualified personnel available to provide rehabilitation services. (Authority: Sec. 302(a)(1) of the Act; 29 U.S.C. 774(a)(1)) [59 FR 8347, Feb. 18, 1994] (a) All applicants for a grant or contract to provide training under any of the programs in 34 CFR parts 386 through 390 and 396 shall demonstrate how the training they plan to provide will prepare rehabilitation professionals to address the needs of individuals with disabilities from minority backgrounds. (b) All applicants for a grant under any of the programs in 34 CFR parts 386 through 390 and 396 shall include a detailed description of strategies that will be utilized to recruit and train persons so as to reflect the diverse populations of the United States, as part of the effort to increase the number of individuals with disabilities, and individuals who are members of minority groups, who are available to provide rehabilitation services. (Authority: Secs. 21(b)(5) and 302(a)(5) of the Act; 29 U.S.C. 718b(b)(6) and 774(a)(6)) [59 FR 8347, Feb. 18, 1994, as amended at 59 FR 33680, June 30, 1994] An expert or consultant appointed or serving under contract pursuant to this section shall be compensated at a rate subject to approval of the Commissioner which shall not exceed the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382 of title 5, United States Code. Such an expert or consultant may be allowed travel and transportation expenses in accordance with section 5703 of title 5, United States Code. (Authority: Sec. 302(g)(2) of the Act; 29 U.S.C. 774(g)(2)) [59 FR 8347, Feb. 18, 1994]
Title 34: Education
PART 385—REHABILITATION TRAINING
Section Contents
§ 385.1 What is the Rehabilitation Training program?
§ 385.2 Who is eligible for assistance under these programs?
§ 385.3 What regulations apply to these programs?
§ 385.4 What definitions apply to these programs?
§ 385.20 What are the application procedures for these programs?
§ 385.30 [Reserved]
§ 385.31 How does the Secretary evaluate an application?
§ 385.33 What other factors does the Secretary consider in reviewing an application?
§ 385.40 What are the requirements pertaining to the membership of a project advisory committee?
§ 385.41 What are the requirements affecting the collection of data from designated State agencies?
§ 385.42 What are the requirements affecting the dissemination of training materials?
§ 385.43 What requirements apply to the training of rehabilitation counselors and other rehabilitation personnel?
§ 385.44 What requirement applies to the training of individuals with disabilities?
§ 385.45 What additional application requirements apply to the training of individuals for rehabilitation careers?
§ 385.46 What limitations apply to the rate of pay for experts or consultants appointed or serving under contract under the Rehabilitation Training program?
Subpart A—General
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§ 385.1 What is the Rehabilitation Training program?
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§ 385.2 Who is eligible for assistance under these programs?
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§ 385.3 What regulations apply to these programs?
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§ 385.4 What definitions apply to these programs?
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Subpart B [Reserved]
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Subpart C—How Does One Apply for a Grant?
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§ 385.20 What are the application procedures for these programs?
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Subpart D—How Does the Secretary Make a Grant?
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§ 385.30 [Reserved]
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§ 385.31 How does the Secretary evaluate an application?
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§ 385.33 What other factors does the Secretary consider in reviewing an application?
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Subpart E—What Conditions Must Be Met by a Grantee?
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§ 385.40 What are the requirements pertaining to the membership of a project advisory committee?
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§ 385.41 What are the requirements affecting the collection of data from designated State agencies?
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§ 385.42 What are the requirements affecting the dissemination of training materials?
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§ 385.43 What requirements apply to the training of rehabilitation counselors and other rehabilitation personnel?
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§ 385.44 What requirement applies to the training of individuals with disabilities?
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§ 385.45 What additional application requirements apply to the training of individuals for rehabilitation careers?
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§ 385.46 What limitations apply to the rate of pay for experts or consultants appointed or serving under contract under the Rehabilitation Training program?
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