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Electronic Code of Federal Regulations

e-CFR data is current as of January 16, 2020

Title 34Subtitle BChapter IIIPart 361


TITLE 34—Education

Subtitle B—REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION (CONTINUED)

CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION

PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM

rule

Subpart A—GENERAL

§361.1
Purpose.
§361.2
Eligibility for a grant.
§361.3
Authorized activities.
§361.4
Applicable regulations.
§361.5
Applicable definitions.
rule

Subpart B—STATE PLAN AND OTHER REQUIREMENTS FOR VOCATIONAL REHABILITATION SERVICES

§361.10
Submission, approval, and disapproval of the State plan.
§361.11
Withholding of funds.

Administration

§361.12
Methods of administration.
§361.13
State agency for administration.
§361.14
Substitute State agency.
§361.15
Local administration.
§361.16
Establishment of an independent commission or a State Rehabilitation Council.
§361.17
Requirements for a State Rehabilitation Council.
§361.18
Comprehensive system of personnel development.
§361.19
Affirmative action for individuals with disabilities.
§361.20
Public participation requirements.
§361.21
Consultations regarding the administration of the vocational rehabilitation services portion of the Unified or Combined State plan.
§361.22
Coordination with education officials.
§361.23
Requirements related to the statewide workforce development system.
§361.24
Cooperation and coordination with other entities.
§361.25
Statewideness.
§361.26
Waiver of statewideness.
§361.27
Shared funding and administration of joint programs.
§361.28
Third-party cooperative arrangements involving funds from other public agencies.
§361.29
Statewide assessment; annual estimates; annual State goals and priorities; strategies; and progress reports.
§361.30
Services to American Indians.
§361.31
Cooperative agreements with private nonprofit organizations.
§361.32
Provision of training and services for employers.
§361.33
[Reserved]
§361.34
Supported employment State plan supplement.
§361.35
Innovation and expansion activities.
§361.36
Ability to serve all eligible individuals; order of selection for services.
§361.37
Information and referral programs.
§361.38
Protection, use, and release of personal information.
§361.39
State-imposed requirements.
§361.40
Reports; Evaluation standards and performance indicators.

Provision and Scope of Services

§361.41
Processing referrals and applications.
§361.42
Assessment for determining eligibility and priority for services.
§361.43
Procedures for ineligibility determination.
§361.44
Closure without eligibility determination.
§361.45
Development of the individualized plan for employment.
§361.46
Content of the individualized plan for employment.
§361.47
Record of services.
§361.48
Scope of vocational rehabilitation services for individuals with disabilities.
§361.49
Scope of vocational rehabilitation services for groups of individuals with disabilities.
§361.50
Written policies governing the provision of services for individuals with disabilities.
§361.51
Standards for facilities and providers of services.
§361.52
Informed choice.
§361.53
Comparable services and benefits.
§361.54
Participation of individuals in cost of services based on financial need.
§361.55
Semi-annual and annual review of individuals in extended employment and other employment under special certificate provisions of the Fair Labor Standards Act.
§361.56
Requirements for closing the record of services of an individual who has achieved an employment outcome.
§361.57
Review of determinations made by designated State unit personnel.
rule

Subpart C—FINANCING OF STATE VOCATIONAL REHABILITATION PROGRAMS

§361.60
Matching requirements.
§361.61
Limitation on use of funds for construction expenditures.
§361.62
Maintenance of effort requirements.
§361.63
Program income.
§361.64
Obligation of Federal funds.
§361.65
Allotment and payment of Federal funds for vocational rehabilitation services.
rule

Subpart D—UNIFIED AND COMBINED STATE PLANS UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT

§361.100
What are the purposes of the Unified and Combined State Plans?
§361.105
What are the general requirements for the Unified State Plan?
§361.110
What are the program-specific requirements in the Unified State Plan for the adult, dislocated worker, and youth programs authorized under Workforce Innovation and Opportunity Act title I?
§361.115
What are the program-specific requirements in the Unified State Plan for the Adult Education and Family Literacy Act program authorized under Workforce Innovation and Opportunity Act title II?
§361.120
What are the program-specific requirements in the Unified State Plan for the Employment Service program authorized under the Wagner-Peyser Act, as amended by Workforce Innovation and Opportunity Act title III?
§361.125
What are the program-specific requirements in the Unified State Plan for the State Vocational Rehabilitation program authorized under title I of the Rehabilitation Act of 1973, as amended by Workforce Innovation and Opportunity Act title IV?
§361.130
What is the development, submission, and approval process of the Unified State Plan?
§361.135
What are the requirements for modification of the Unified State Plan?
§361.140
What are the general requirements for submitting a Combined State Plan?
§361.143
What is the development, submission, and approval process of the Combined State Plan?
§361.145
What are the requirements for modifications of the Combined State Plan?
rule

Subpart E—PERFORMANCE ACCOUNTABILITY UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT

§361.150
What definitions apply to Workforce Innovation and Opportunity Act performance accountability provisions?
§361.155
What are the primary indicators of performance under the Workforce Innovation and Opportunity Act?
§361.160
What information is required for State performance reports?
§361.165
May a State establish additional indicators of performance?
§361.170
How are State levels of performance for primary indicators established?
§361.175
What responsibility do States have to use quarterly wage record information for performance accountability?
§361.180
When is a State subject to a financial sanction under the Workforce Innovation and Opportunity Act?
§361.185
When are sanctions applied for a State's failure to submit an annual performance report?
§361.190
When are sanctions applied for failure to achieve adjusted levels of performance?
§361.195
What should States expect when a sanction is applied to the Governor's Reserve Allotment?
§361.200
What other administrative actions will be applied to States' performance requirements?
§361.205
What performance indicators apply to local areas and what information must be included in local area performance reports?
§361.210
How are local performance levels established?
§361.215
Under what circumstances are local areas eligible for State Incentive Grants?
§361.220
Under what circumstances may a corrective action or sanction be applied to local areas for poor performance?
§361.225
Under what circumstances may local areas appeal a reorganization plan?
§361.230
What information is required for the eligible training provider performance reports?
§361.235
What are the reporting requirements for individual records for core Workforce Innovation and Opportunity Act (WIOA) title I programs; the Wagner-Peyser Act Employment Service program, as amended by WIOA title III; and the Vocational Rehabilitation program authorized under title I of the Rehabilitation Act of 1973, as amended by WIOA title IV?
§361.240
What are the requirements for data validation of State annual performance reports?
rule

Subpart F—DESCRIPTION OF THE ONE-STOP DELIVERY SYSTEM UNDER TITLE I OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT

§361.300
What is the one-stop delivery system?
§361.305
What is a comprehensive one-stop center and what must be provided there?
§361.310
What is an affiliated site and what must be provided there?
§361.315
Can a stand-alone Wagner-Peyser Act Employment Service office be designated as an affiliated one-stop site?
§361.320
Are there any requirements for networks of eligible one-stop partners or specialized centers?
§361.400
Who are the required one-stop partners?
§361.405
Is Temporary Assistance for Needy Families a required one-stop partner?
§361.410
What other entities may serve as one-stop partners?
§361.415
What entity serves as the one-stop partner for a particular program in the local area?
§361.420
What are the roles and responsibilities of the required one-stop partners?
§361.425
What are the applicable career services that must be provided through the one-stop delivery system by required one-stop partners?
§361.430
What are career services?
§361.435
What are the business services provided through the one-stop delivery system, and how are they provided?
§361.440
When may a fee be charged for the business services in this subpart?
§361.500
What is the Memorandum of Understanding for the one-stop delivery system and what must be included in the Memorandum of Understanding?
§361.505
Is there a single Memorandum of Understanding for the local area, or must there be different Memoranda of Understanding between the Local Workforce Development Board and each partner?
§361.510
How must the Memorandum of Understanding be negotiated?
§361.600
Who may operate one-stop centers?
§361.605
How is the one-stop operator selected?
§361.610
When is the sole-source selection of one-stop operators appropriate, and how is it conducted?
§361.615
May an entity currently serving as one-stop operator compete to be a one-stop operator under the procurement requirements of this subpart?
§361.620
What is the one-stop operator's role?
§361.625
Can a one-stop operator also be a service provider?
§361.630
Can State merit staff still work in a one-stop center where the operator is not a governmental entity?
§361.635
What is the compliance date of the provisions of this subpart?
§361.700
What are the one-stop infrastructure costs?
§361.705
What guidance must the Governor issue regarding one-stop infrastructure funding?
§361.710
How are infrastructure costs funded?
§361.715
How are one-stop infrastructure costs funded in the local funding mechanism?
§361.720
What funds are used to pay for infrastructure costs in the local one-stop infrastructure funding mechanism?
§361.725
What happens if consensus on infrastructure funding is not reached at the local level between the Local Workforce Development Board, chief elected officials, and one-stop partners?
§361.730
What is the State one-stop infrastructure funding mechanism?
§361.731
What are the steps to determine the amount to be paid under the State one-stop infrastructure funding mechanism?
§361.735
How are infrastructure cost budgets for the one-stop centers in a local area determined in the State one-stop infrastructure funding mechanism?
§361.736
How does the Governor establish a cost allocation methodology used to determine the one-stop partner programs' proportionate shares of infrastructure costs under the State one-stop infrastructure funding mechanism?
§361.737
How are one-stop partner programs' proportionate shares of infrastructure costs determined under the State one-stop infrastructure funding mechanism?
§361.738
How are statewide caps on the contributions for one-stop infrastructure funding determined in the State one-stop infrastructure funding mechanism?
§361.740
What funds are used to pay for infrastructure costs in the State one-stop infrastructure funding mechanism?
§361.745
What factors does the State Workforce Development Board use to develop the formula described in Workforce Innovation and Opportunity Act, which is used by the Governor to determine the appropriate one-stop infrastructure budget for each local area operating under the State infrastructure funding mechanism, if no reasonably implementable locally negotiated budget exists?
§361.750
When and how can a one-stop partner appeal a one-stop infrastructure amount designated by the State under the State infrastructure funding mechanism?
§361.755
What are the required elements regarding infrastructure funding that must be included in the one-stop Memorandum of Understanding?
§361.760
How do one-stop partners jointly fund other shared costs under the Memorandum of Understanding?
§361.800
How are one-stop centers and one-stop delivery systems certified for effectiveness, physical and programmatic accessibility, and continuous improvement?
§361.900
What is the common identifier to be used by each one-stop delivery system?

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