PART 385‑‑REHABILITATION TRAINING

Subpart A‑‑General

Sec.

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?

Subpart B‑‑\[Reserved\]

Subpart C‑‑How Does One Apply For a Grant?

385.20 What are the application procedures for these programs?

Subpart D‑‑How Does the Secretary Make a Grant?

385.30 \[Reserved\]

385.31 How does the Secretary evaluate an application?

385.32 What general selection criteria does the Secretary use in
reviewing an application?

385.33 What other factors does the Secretary consider in reviewing an
application?

Subpart E‑‑What Conditions Must Be Met by a Grantee?

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?

Authority: 29 U.S.C. 711(c), 772, and 774, unless otherwise noted.

Source: 45 FR 86379, Dec. 30, 1980, unless otherwise noted.

Subpart A‑‑General

Sec. 385.1 What is the Rehabilitation Training program?

\(a\) 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)

\[59 FR 8344, Feb. 18, 1994\]

Sec. 385.2 Who is eligible for assistance under these programs?

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)

\[59 FR 8345, Feb. 18, 1994\]

Sec. 385.3 What regulations apply to these programs?

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)

\[59 FR 8345, Feb. 18, 1994\]

Sec. 385.4 What definitions apply to these programs?

\(a\) 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\"

(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))

\(b\) 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 titles 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 to cause
comparable substantial functional limitation.

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))

\[45 FR 86379, Dec. 30, 1980, as amended at 50 FR 38631, Sept. 23, 1985;
53 FR 17146, May 13, 1988; 59 FR 8345, Feb. 18, 1994\]

Subpart B‑‑\[Reserved\]

Subpart C‑‑How Does One Apply for a Grant?

Sec. 385.20 What are the application procedures for these programs?

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 Secs. 75.155‑75.159.

(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))

\[45 FR 86379, Dec. 30, 1980, as amended at 59 FR 8347, Feb. 18, 1994\]

Subpart D‑‑How Does the Secretary Make a Grant?

Sec. 385.30 \[Reserved\]

Sec. 385.31 How does the Secretary evaluate an application?

\(a\) The Secretary evaluates each application on the basis of general
selection criteria identified in Sec. 385.32 and specific selection
criteria identified in Parts 386, 387, 388, 389 and 390. The maximum
possible score for each complete criterion under each category of
training is stated in parentheses in Secs. 386.31, 387.31, 388.31,
389.31, and 390.31. The number of points awarded each criterion depends
on how well the application meets

all the elements under that criterion.

\(b\) The Secretary awards up to 100 possible points for these selection
criteria.

(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))

Sec. 385.32 What general selection criteria does the Secretary use in
reviewing an application?

\(a\) Plan of operation.

\(1\) The Secretary reviews each application for information that shows
the quality of the plan of operation for the project.

\(2\) The Secretary looks for information that shows‑‑

\(i\) High quality in the design of the project;

\(ii\) An effective plan of management that insures proper and efficient
administration of the project;

\(iii\) A clear description of how the objectives of the project relate
to the purpose of the program;

\(iv\) The way the applicant plans to use its resources and personnel to
achieve each objective;

\(v\) A clear description of how the applicant will provide equal access
and treatment for eligible project participants who are members of
groups that have been traditionally underrepresented, such as‑‑

\(A\) Persons with disabilities;

\(B\) The elderly;

\(C\) Women; and

\(D\) Members of racial or ethnic minority groups.

\(b\) Quality of key personnel.

\(1\) The Secretary reviews each application for information that shows
the quality of key personnel proposed for the project.

\(2\) The Secretary looks for information that shows‑‑

\(i\) The qualifications of the project director;

\(ii\) The qualifications of each of the other key personnel to be used
in the project;

\(iii\) The time that each person referred to in paragraphs (b)(2)(i)
and (ii) of this section will commit to the project; and

\(iv\) The extent to which the applicant, as part of its
nondiscriminatory employment practices, encourages applications for
employment from persons who are members of groups that have been
traditionally underrepresented, such as‑‑

\(A\) Persons with disabilities;

\(B\) The elderly;

\(C\) Women; and

\(D\) Members of racial or ethnic minority groups.

\(3\) To determine personnel qualifications, the Secretary considers
experience and training, in fields related to the objectives of the
project, as well as other information that the applicant provides.

\(c\) Budget and cost effectiveness.

\(1\) The Secretary reviews each application for information that shows
that the project has an adequate budget and is cost effective.

\(2\) The Secretary looks for information that shows‑‑

\(i\) The budget for the project is adequate to support the project
activities;

\(ii\) Costs are reasonable in relation to the objectives of the
project.

\(d\) Evaluation plan.

\(1\) The Secretary reviews each application for information that shows
the quality of the evaluation plan for the project.

\(2\) The Secretary looks for information that shows methods of
evaluation that are appropriate for the project, and to the extent
possible, are objective, and produce data that are quantifiable.

\(e\) Adequacy of resources.

\(1\) The Secretary reviews each application for information that shows
that the applicant plans to devote adequate resources

to the project.

\(2\) The Secretary looks for information that shows‑‑

\(i\) The facilities that the application plans to use are adequate; and

\(ii\) The equipment and supplies that the applicant plans to use are
adequate.

(Approved by the Office of Management and Budget under control number
1820‑ 0018)

(Authority: Secs. 12(c) and 302 of the Act; 29 U.S.C. 711(c) and 774)

\[45 FR 86379, Dec. 30, 1980, as amended at 53 FR 17147, May 13, 1988;
53 FR 49145, Dec. 6, 1988; 59 FR 8347, Feb. 18, 1994\]

Sec. 385.33 What other factors does the Secretary consider in reviewing
an application?

In addition to the selection criteria listed in Sec. 385.32 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))

Subpart E‑‑What Conditions Must Be Met by a Grantee?

Sec. 385.40 What are the requirements pertaining to the membership of a
project advisory committee?

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))

\[59 FR 8347, Feb. 18, 1994\]

Sec. 385.41 What are the requirements affecting the collection of data
from designated State agencies?

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))

\[45 FR 86379, Dec. 30, 1980, as amended at 53 FR 17147, May 13, 1988;
59 FR 8347, Feb. 18, 1994\]

Sec. 385.42 What are the requirements affecting the dissemination of
training materials?

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))

Sec. 385.43 What requirements apply to the training of rehabilitation
counselors and other rehabilitation personnel?

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))

\[59 FR 8347, Feb. 18, 1994\]

Sec. 385.44 What requirement applies to the training of individuals with
disabilities?

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))

\[59 FR 8347, Feb. 18, 1994\]

Sec. 385.45 What additional application requirements apply to the
training of individuals for rehabilitation careers?

\(a\) 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))

(Approved by the Office of Management and Budget under control number
1820‑0018)

\[59 FR 8347, Feb. 18, 1994, as amended at 59 FR 33680, June 30, 1994\]

Sec. 385.46 What limitations apply to the rate of pay for experts or
consultants appointed or serving under contract under the Rehabilitation
Training program?

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))

\[59 FR 8347, Feb. 18, 1994\]