34 C.F.R. PART 388—STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING
Title 34 - Education
Authority: 29 U.S.C. 711(c) and 774, unless otherwise noted.
Source: 59 FR 40178, Aug. 5, 1994, unless otherwise noted.
This program is designed to support projects for training State vocational rehabilitation unit personnel in program areas essential to the effective management of the unit's program of vocational rehabilitation services or in skill areas that will enable staff personnel to improve their ability to provide vocational rehabilitation services leading to employment outcomes for individuals with disabilities. The State Vocational Rehabilitation Unit In-Service Training program responds to needs identified in the comprehensive system of personnel development in section 101(a)(7) of the Act. The program may include training designed— (a) To address recruitment and retention of qualified rehabilitation professionals; (b) To provide for succession planning; (c) To provide for leadership development and capacity building; and (d) For fiscal year 1994, to provide training on the amendments to the Rehabilitation Act of 1973 made by the Rehabilitation Act Amendments of 1992. (Authority: 29 U.S.C. 771a(g)(3)) Each designated State agency is eligible to receive an award under the basic State award program described in §388.21. If a designated State agency does not apply for an award during an announced competition, no funds may be made available for in-service training of the staff of that designated State agency under this program until there is a new competition for funding. At least 15 percent of the sums appropriated to carry out section 302 of the Act must be allocated to designated State agencies to be used, directly or indirectly, for projects for in-service training of rehabilitation personnel. (Authority: 29 U.S.C. 771a(g)(3)) State vocational rehabilitation unit in-service training projects are concerned with the staff development and training of State vocational rehabilitation unit personnel in order to ensure an improved level of competence in serving State unit clients and to assist in expanding and improving vocational rehabilitation services for individuals with disabilities, especially those with severe disabilities, to ensure employment outcomes. (Authority: 29 U.S.C. 770 and 771a) (a) Training activities supported under a State vocational rehabilitation unit in-service training grant focus primarily on program areas that are essential to the State unit's operation or on skill areas that will enable staff personnel to improve their ability to function on their job, or prepare for positions of greater responsibility within the unit, or to correct deficiencies identified in the State program. Projects may— (1) Address recruitment and retention of qualified rehabilitation professionals; (2) Provide for succession planning; (3) Provide for leadership development and capacity building; and (4) For fiscal year 1994, provide training on the amendments to the Rehabilitation Act of 1973 made by the Rehabilitation Act Amendments of 1992. (b) Training methods may include— (1) The development of State unit training institutes related to the specific aspects of State unit administration or service provision; (2) Group employee training at courses conducted in cooperation with or by an educational institution; (3) Individualized directed study in priority areas of State unit service or practice; (4) Employee access to current agency instructional resources for books, films, videos, tapes, and other human resource development resources; (5) Distance learning through telecommunications; and (6) Dissemination and information sharing with other designated State agencies. (Authority: 29 U.S.C. 770 and 771a) The following regulations apply to the State Vocational Rehabilitation Unit In-Service Training program: (a) The regulations in this part 388. (b) The regulations in 34 CFR part 385. (Authority: 29 U.S.C. 770 and 771a) The definitions in 34 CFR part 385 apply to this program. (Authority: 29 U.S.C. 711(c) and 771(a)(g)(3)) In addition to the selection criteria in 34 CFR 385.31(c), the Secretary uses the following additional selection criteria to evaluate an application: (a) Evidence of need. (1) The Secretary reviews each application for information that shows that the need for the in-service training has been adequately justified. (2) The Secretary looks for information that shows— (i) How the proposed project relates to the mission of the State-Federal rehabilitation service program and can be expected to improve the competence of all State vocational rehabilitation personnel in providing vocational rehabilitation services to individuals with disabilities that will result in employment outcomes or otherwise contribute to more effective management of the State unit program; (ii) That the State unit in-service training plan responds to needs identified in their training needs assessment and the proposed training relates to the unit's State plan, particularly the requirements in section 101(a)(7) of the Rehabilitation Act for each designated State unit to develop a comprehensive system of personnel development; (iii) The need for in-service training methods and materials that will improve the effectiveness of services to individuals with disabilities assisted under the Rehabilitation Act and ensure employment outcomes; and (iv) The State has conducted a needs assessment of the in-service training needs for all of the State unit employees. (b) [Reserved] (Authority: 29 U.S.C. 711(c), 770, and 771a) [62 FR 10405, Mar. 6, 1997] (a) The Secretary distributes no more than 80 percent of the funds available for these awards as follows: (1) For each competition the Secretary will determine a minimum score based upon the selection criteria in §388.20 that an applicant must receive in order for its application to be approved by the Secretary. (2) Each designated State agency that submits an approved application receives an amount based upon a formula that provides each approved project an amount equal to the percentage that the designated State agency's staff, as reported by total person years to the Secretary on Form RSA–2, represents of all staff of all designated State agencies, as reported to the Secretary on Form RSA–2 for the most recent reporting period. A copy of Form RSA–2 may be obtained from the Department of Education, 400 Maryland Avenue, S.W., 3211 Switzer Building, Washington, D.C. 22204–2735. (3) No designated State agency with an approved project receives less than one-third of one percent of the sums made available for the fiscal year. (b) After determining a designated State agency's award under paragraph (a) of this section, the Secretary reserves the remaining funds to be allocated based on the quality of the application as determined by competitive reviews conducted by the Department using the criteria in §388.20 and the priorities in §388.22. (c) Prior to award, negotiations may be conducted with applicants to resolve any problems or weaknesses in the application identified by the review process. (Authority: 29 U.S.C. 711(c), 770, and 771a) (a) The Secretary reserves funds to support some or all of the proposals that have been awarded a rating of 80 points or more under the criteria described in §388.20. (b) In making a final selection of proposals to support under this program, the Secretary considers the extent to which proposals have exceeded a rating of 80 points and address one or more of the following priorities announced in the application notice: (1) Development and dissemination of model in-service training materials and practices. The proposed project demonstrates an effective plan to develop and disseminate information on its State Vocational Rehabilitation In-Service Training program, including the identification of training approaches and successful practices, in order to permit the replication of these programs by other State vocational rehabilitation units. (2) Distance education. The proposed project demonstrates innovative strategies for training State vocational rehabilitation unit personnel through distance education methods, such as interactive audio, video, computer technologies, or existing telecommunications networks. (3) Enhanced employment outcomes for specific populations. The proposed project supports specialized training in the provision of vocational rehabilitation or related services to individuals with disabilities to increase the rehabilitation rate into competitive employment for all individuals or specified target groups. (Authority: 29 U.S.C. 711(c), 770, and 771a) (a) The Secretary may make grants for paying part of the costs of projects under this program. Except as provided for in paragraphs (b) and (c) of this section, the grantee shall provide at least 10 percent of the total costs of the project. (b) Grantees designated in §388.21(a)(3) to receive a minimum share of one third of one percent of the sums made available for the fiscal year shall provide at least four percent of the total costs of the project. (Authority: 29 U.S.C. 711(c), 770, and 771a) In addition to those allowable costs established in 34 CFR 75.530 through 75.562 (Education Department General Administrative Regulations), the following items are allowable under State vocational rehabilitation unit in-service training projects: (a) Trainee per diem costs. (b) Trainee travel in connection with a training course. (c) Trainee tuition and fees. (d) Telecommunications and technology fees. (Authority: 29 U.S.C. 711(c), 770, and 771a)
Title 34: Education
PART 388—STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING
Section Contents
§ 388.1 What is the State Vocational Rehabilitation Unit In-Service Training program?
§ 388.2 Who is eligible for an award?
§ 388.3 What types of projects are authorized?
§ 388.4 What activities may the Secretary fund?
§ 388.5 What regulations apply?
§ 388.6 What definitions apply?
§ 388.20 What additional selection criterion is used under this program?
§ 388.21 How does the Secretary determine the amount of a basic State award?
§ 388.22 What priorities does the Secretary consider in making an award?
§ 388.30 What are the matching requirements?
§ 388.31 What are the allowable costs?
Subpart A—General
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§ 388.1 What is the State Vocational Rehabilitation Unit In-Service Training program?
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§ 388.2 Who is eligible for an award?
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§ 388.3 What types of projects are authorized?
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§ 388.4 What activities may the Secretary fund?
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§ 388.5 What regulations apply?
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§ 388.6 What definitions apply?
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Subpart B [Reserved]
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Subpart C—How Does the Secretary Make an Award?
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§ 388.20 What additional selection criterion is used under this program?
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§ 388.21 How does the Secretary determine the amount of a basic State award?
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§ 388.22 What priorities does the Secretary consider in making an award?
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Subpart D—What Conditions Must Be Met After an Award?
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§ 388.30 What are the matching requirements?
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§ 388.31 What are the allowable costs?
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