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PART 385—REHABILITATION TRAINING

Subpart A—General

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?

385.33 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?
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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: Sections 12(c), 301, and 302 of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c), 

771 and 772, unless otherwise noted. 

Subpart A—General

§385.1 What is the Rehabilitation Training program?

(a) Purpose. 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 (including supported 

employment programs), through economic and business 

development programs, through independent living services 

programs, and through client assistance programs;
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(2) Maintain and upgrade basic skills and knowledge 

of personnel employed, including personnel specifically 

trained to deliver rehabilitation services, including 

supported employment services and customized employment 

services, to individuals with the most significant 

disabilities, and personnel specifically trained to deliver 

services to individuals with disabilities whose employment 

outcome is self-employment, business ownership, or 

telecommuting, to provide state-of-the-art service delivery 

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 

decision makers in the vocational rehabilitation process.

(b) The Secretary awards grants and contracts on a 

competitive basis to pay part of the costs of projects for 

training, traineeships or scholarships, and related 

activities, including the provision of technical 

assistance, to assist in increasing the numbers of 

qualified personnel trained in providing vocational 

rehabilitation services and other services provided under 
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the Act, to individuals with disabilities. Financial 

assistance is provided through multiple training programs, 

including:

(1) Rehabilitation Long-Term Training (34 CFR part 

386).

(2) Innovative Rehabilitation Training (34 CFR part

387).

(3) Rehabilitation Short-Term Training (34 CFR part 

390).

(4) Training of Interpreters for Individuals Who Are 

Deaf and Hard of Hearing and Individuals Who Are Deaf-Blind 

(34 CFR part 396).

(Authority: Sections 12(c), 301 and 302 of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c), 

771 and 772)

§385.2 Who is eligible for assistance under these 

programs?

States and public or private nonprofit agencies and 

organizations, including Indian tribes and institutions of 

higher education, are eligible for assistance under the 

Rehabilitation Training program.

(Authority: Sections 7(19), 301, and 302 of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 705(19), 

771 and 772)
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§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 75 (Direct Grant Programs).

(2) 34 CFR part 77 (Definitions That Apply to 

Department Regulations).

(3) 34 CFR part 79 (Intergovernmental Review of 

Department of Education Programs and Activities).

(4) 34 CFR part 81 (General Education Provisions Act—

Enforcement).

(5) 34 CFR part 82 (New Restrictions on Lobbying).

(6) 34 CFR part 84 (Governmentwide Requirements for 

Drug-Free Workplace (Financial Assistance).

(7) 34 CFR part 86 (Drug-Free Schools and Campuses).

(8) 34 CFR part 97 (Protection of Human Subjects).

(9) 34 CFR part 98 (Student Rights in Research, 

Experimental Programs, and Testing.

(10) 34 CFR part 99 (Family Educational Rights and 

Privacy).

(b) The regulations in this part 385.

(c) The regulations in 34 CFR parts 386, 387, 390, 

and 396, as appropriate.
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(d)(1) 2 CFR part 180 (OMB Guidelines to Agencies on 

Debarment and Suspension (Nonprocurement)), as adopted at 2 

CFR part 3485; and

(2) 2 CFR part 200 (Uniform Administrative 

Requirements, Cost Principles, and Audit Requirements for 

Federal Awards) as adopted at 2 CFR part 3474.

(Authority: Sections 12(c) and 302 of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 711(c) 

and 772)

§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

Grantee

Nonprofit

Private

Project

Project Period

Public
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Secretary

(Authority: Section 12(c) of the Rehabilitation Act 

of 1973, as amended; 29 U.S.C. 709(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 means technology designed to be 

utilized in an assistive technology device or assistive 

technology service. 

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;
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(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; 

(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; and

(7) A service consisting of expanding the 

availability of access to technology, including electronic 

and information technology, to individuals with 

disabilities.
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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;
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(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 7(8) and 101(a)(2)(A) of the Act.

Designated State unit means 

(1) Any State agency unit required under section 7(8) 

and 101(a)(2)(B) 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)(ii) 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—
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(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 
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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;
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(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;

(2) Can benefit in terms of an employment outcome 

from vocational rehabilitation services provided pursuant 

to title I, III, or VI of the Rehabilitation Act of 1973, 

as amended; and 

(3) Has a disability as defined in section 7(20)(B) 

of the Act. 

Individual with a significant 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-
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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, intellectual disability, respiratory or 

pulmonary dysfunction, 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, endstage 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 101(a) of the Higher Education Act (20 

U.S.C. 1001(a)).

Personal assistance services means a range of services 

provided by one or more persons designed to assist an 
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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 services means services, including 

vocational, medical, social, and psychological 

rehabilitation services and other services under the 

Rehabilitation Act, provided to individuals with 

disabilities in performing functions necessary in preparing 
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for, securing, retaining, or regaining an employment or 

independent living outcome.

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, and the Commonwealth of the 

Northern Mariana Islands.

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 competitive integrated 

employment, including customized employment, or employment 

in an integrated work setting in which individuals are 

working on a short-term basis toward competitive integrated 

employment, that is individualized and customized 

consistent with the strengths, abilities, interests, and 
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informed choice of the individuals involved, for 

individuals with the most severe disabilities—

(1)(i) For whom competitive integrated employment has 

not traditionally occurred; or

(ii) For whom competitive employment has been 

interrupted or intermittent as a result of a severe 

disability; and

(2) 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 the work involved.

(Supported employment services means ongoing support 

services, including customized employment, 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
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(3) Provided by the designated State unit for a 

period of time not more than 24 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 plan for 

employment.

Vocational rehabilitation services means services 

provided to an individual with a disability in preparing 

for, securing, retaining, or regaining an employment 

outcome that is consistent with the strengths, resources, 

priorities, concerns, abilities, capabilities, interests, 

and informed choice of the individual, and services 

provided for the benefit of groups of individuals with 

disabilities. Vocational Rehabilitation Services for an 

individual with a disability may include—

(1) An assessment for determining eligibility and 

vocational rehabilitation needs by qualified personnel, 

including, if appropriate, an assessment by personnel 

skilled in rehabilitation technology;

(2) Counseling and guidance, including information 

and support services to assist an individual in exercising 

informed choice;
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(3) Referral and other services to secure needed 

services from other agencies;

(4) Job-related services, including job search and 

placement assistance, job retention services, follow-up 

services, and follow-along services;

(5) Vocational and other training services, including 

the provision of personal and vocational adjustment 

services, books, tools, and other training materials;

(6) Diagnosis and treatment of physical and mental 

impairments;

(7) Maintenance for additional costs incurred while 

the individual is receiving services;

(8) Transportation;

(9) On-the-job or other related personal assistance 

services;

(10) Interpreter and reader services;

(11) Rehabilitation teaching services, and 

orientation and mobility services;

(12) Occupational licenses, tools, equipment, and 

initial stocks and supplies;

(13) Technical assistance and other consultation 

services to conduct market analysis, develop business 

plans, and otherwise provide resources to eligible 

individuals who are pursuing self-employment or 
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telecommuting or establishing a small business operation as 

an employment outcome;

(14) Rehabilitation technology, including 

telecommunications, sensory, and other technological aids 

and devices;

(15) Transition services for individuals with 

disabilities that facilitate the achievement of employment 

outcomes;

(16) Supported employment services;

(17) Services to the family of an individual with a 

disability necessary to assist the individual to achieve an 

employment outcome;

(18) Post-employment services necessary to assist an 

individual with a disability to retain, regain, or advance 

in employment; and

(19) Expansion of employment opportunities for 

individuals with disabilities, which includes, but is not 

limited to—

(i) Self-employment, business ownership, and 

entrepreneurship;

(ii) Non-traditional jobs, professional employment, 

and work settings;

(iii) Collaborating with employers, Economic 

Development Councils, and others in creating new jobs and 
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career advancement options in local job markets through the 

use of job restructuring and other methods; and

(iv) Other services as identified by the Secretary 

and published in the FEDERAL REGISTER.

(Authority: Sections 7(40), 12(c), and 101(a)(7) of 

the Rehabilitation Act of 1973, as amended; 29 U.S.C. 

705(40), 709(c), and 721(a)(7))

Subpart B [Reserved]

Subpart C—How Does One Apply for a Grant?

§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 34 CFR 

75.155–75.159.

(Authority: Sections 12(c) and 302 of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 772)

Subpart D—How Does the Secretary Make a Grant?

§385.30 [Reserved]

§385.31 How does the Secretary evaluate an application?

(a) The Secretary evaluates applications under the 

procedures in 34 CFR part 75.
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(b) The Secretary evaluates each application using 

selection criteria identified in parts 386, 387, 390, and 

396, 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: Sections 12(c) and 302 of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 772)

§385.33 What other factors does the Secretary consider in 

reviewing an application?

In addition to the selection criteria listed in 

§75.210 and parts 386, 387, 390, and 396 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
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(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: Sections 12(c) and 302(b) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 772(b))

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?

If a project funded under 34 CFR parts 386, 387, 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: Section 12(c) of the Rehabilitation Act

of 1973, as amended; 29 U.S.C. 709(c))

§385.41 What are the requirements affecting the collection 

of data from designated State agencies?
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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: Section 12(c) of the Rehabilitation Act

of 1973, as amended; 29 U.S.C. 709(c))

§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: Section 12(c) of the Rehabilitation Act

of 1973, as amended; 29 U.S.C. 709(c))

§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, 387, 390, and 396 must
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train those counselors and personnel on the services 

provided under this Act, and, in particular, services 

provided in accordance with amendments made to the 

Rehabilitation Act by the Workforce Innovation and 

Opportunity Act of 2014. The grantee must also furnish 

training to these counselors and personnel regarding

applications of rehabilitation technology in vocational 

rehabilitation services, 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: Sections 12(c), 101(a), and 302 of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c), 

721(a) and 772)

§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.
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(Authority: Section 12(c) of the Rehabilitation Act

of 1973, as amended; 29 U.S.C. 709(c)

§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.

(Approved by the Office of Management and Budget under 

control number 1820–0018) 

(Authority: Sections 21(a) and (b) and 302 of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 718(a) 

and (b) and 772)
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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?

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: Section 302(b)(3) of the Rehabilitation 

Act of 1973, as amended; 29 U.S.C. 772(b)(3))