reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart A - General › Section 32-11-361-A-361.4 - Applicable regulations

Current through June 25, 2024
The following regulations apply to this Program:
(a) The Education Department General
				  Administrative Regulations (EDGAR) as follows:
(1) 34 CFR part 74 (Administration of Grants
				  and Agreements with Institutions of Higher Education, Hospitals, and other
				  Non-profit Organizations), with respect to subgrants to entities that are not
				  State or local governments or Indian tribal organizations.
(2) 34 CFR part 76 (State-Administered
				  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), except for Sec. 80.24(a)(2).
(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 and Alcohol Abuse Prevention).
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Section 32-11-361-B-361.10 - Submission, approval, and disapproval of the State plan

Current through June 25, 2024
(a) Purpose. For a State to receive a grant
				  under this part, the designated State agency must submit to the Secretary, and
				  obtain approval of, a State plan that contains a description of the State's
				  vocational rehabilitation services program, the plans and policies to be
				  followed in carrying out the program, and other information requested by the
				  Secretary, in accordance with the requirements of this part.
(b) Separate part relating to the vocational
				  rehabilitation of individuals who are blind. If a separate State agency
				  administers or supervises the administration of a separate part of the State
				  plan relating to the vocational rehabilitation of individuals who are blind,
				  that part of the State plan must separately conform to all requirements under
				  this part that are applicable to a State plan.
(c) State unified plan. The State may choose
				  to submit the State plan for vocational rehabilitation services as part of the
				  State unified plan under section 501 of the Workforce Investment Act of 1998.
				  The portion of the State unified plan that includes the State plan for
				  vocational rehabilitation services must meet the State plan requirements in
				  this part.
(d) Public
				  participation. Prior to the adoption of any substantive policies or procedures
				  governing the provision of vocational rehabilitation services under the State
				  plan, including making any substantive amendment to those policies and
				  procedures, the designated State agency must conduct public meetings throughout
				  the State, in accordance with the requirements of Sec. 361.20.
(e) Duration. The State plan remains in
				  effect subject to the submission of modifications the State determines to be
				  necessary or the Secretary may require based on a change in State policy, a
				  change in Federal law, including regulations, an interpretation of the Act by a
				  Federal court or the highest court of the State, or a finding by the Secretary
				  of State noncompliance with the requirements of the Act or this part.
(f) Submission of the State plan. The State
				  must submit the State plan for approval--
(1)
				  To the Secretary on the same date that the State submits a State plan relating
				  to the statewide workforce investment system under section 112 of the Workforce
				  Investment Act of 1998;
(2) As part
				  of the State unified plan submitted under section 501 of that Act; or
(3) To the Secretary on the same date that
				  the State submits a State unified plan under section 501 of that Act that does
				  not include the State plan under this part.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Section 32-11-361-B-361.11 - Withholding of funds

Current through June 25, 2024
(a) Basis for
				  withholding. The Secretary may withhold or limit payments under section 111 or
				  622(a) of the Act, as provided by section 107(c) and (d) of the Act, if the
				  Secretary determines that--
(1) The State
				  plan, including the supported employment supplement, has been so changed that
				  it no longer conforms with the requirements of this part or 34 CFR part 363;
				  or
(2) In the administration of the
				  State plan, there has been a failure to comply substantially with any provision
				  of that plan or a program improvement plan established in accordance with
				  section 106(b)(2) of the Act.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.12 - Methods of administration

Current through June 25, 2024
The State plan must assure that the State agency, and the designated State unit if applicable, employs methods of administration found necessary by the Secretary for the proper and efficient administration of the plan and for carrying out all functions for which the State is responsible under the plan and this part. These methods must include procedures to ensure accurate data collection and financial accountability.
Authority: Sections
						101(a)(6) and (a)(10)(A) of the Act;
						 29 U.S.C.
						721(a)(6) and (a)(10)(A)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.13 - State agency for administration

Current through June 25, 2024
(a) Designation of
					 State agency. The State plan must designate a State agency as the sole State
					 agency to administer the State plan, or to supervise its administration in a
					 political subdivision of the State by a sole local agency, in accordance with
					 the following requirements:
(1) General.
					 Except as provided in paragraphs (a)(2) and (3) of this section, the State plan
					 must provide that the designated State agency is one of the following types of
					 agencies:
(i) A State agency that is
					 primarily concerned with vocational rehabilitation or vocational and other
					 rehabilitation of individuals with disabilities; or
(ii) A State agency that includes a
					 vocational rehabilitation unit as provided in paragraph (b) of this
					 section.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.14 - Substitute State agency

Current through June 25, 2024
(a) General
					 provisions.
(1) If the Secretary has withheld
					 all funding from a State under Sec. 361.11, the State may designate another
					 agency to substitute for the designated State agency in carrying out the
					 State's program of vocational rehabilitation services.
(2) Any public or nonprofit private
					 organization or agency within the State or any political subdivision of the
					 State is eligible to be a substitute agency.
(3) The substitute agency must submit a State
					 plan that meets the requirements of this part.
(4) The Secretary makes no grant to a
					 substitute agency until the Secretary approves its plan.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.15 - Local administration

Current through June 25, 2024
(a) If the State
					 plan provides for the administration of the plan by a local agency, the
					 designated State agency must--
(1) Ensure that
					 each local agency is under the supervision of the designated State unit and is
					 the sole local agency as defined in Sec. 361.5(b)(47) that is responsible for
					 the administration of the program within the political subdivision that it
					 serves; and
(2) Develop methods
					 that each local agency will use to administer the vocational rehabilitation
					 program, in accordance with the State plan.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.16 - Establishment of an independent commission or a state rehabilitation council

Current through June 25, 2024
(a) General requirement. Except as provided
					 in paragraph (b) of this section, the State plan must contain one of the
					 following two assurances:
(1) An assurance
					 that the designated State agency is an independent State commission that--
(i) Is responsible under State law for
					 operating, or overseeing the operation of, the vocational rehabilitation
					 program in the State and is primarily concerned with vocational rehabilitation
					 or vocational and other rehabilitation services, in accordance with Sec.
					 361.13(a)(1)(i);
(ii) Is
					 consumer-controlled by persons who--
(A) Are
					 individuals with physical or mental impairments that substantially limit major
					 life activities; and
(B) Represent
					 individuals with a broad range of disabilities, unless the designated State
					 unit under the direction of the commission is the State agency for individuals
					 who are blind;
(iii)
					 Includes family members, advocates, or other representatives of individuals
					 with mental impairments; and
(iv)
					 Conducts the functions identified in Sec. 361.17(h)(4).
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.17 - Requirements for a state rehabilitation council

Current through June 25, 2024
If the State has established a Council under Sec. 361.16 (a)(2) or (b), the Council must meet the following requirements:
(a) Appointment.
(1) The members of the Council must be
					 appointed by the Governor or, in the case of a State that, under State law,
					 vests authority for the administration of the activities carried out under this
					 part in an entity other than the Governor (such as one or more houses of the
					 State legislature or an independent board), the chief officer of that
					 entity.
(2) The appointing
					 authority must select members of the Council after soliciting recommendations
					 from representatives of organizations representing a broad range of individuals
					 with disabilities and organizations interested in individuals with
					 disabilities. In selecting members, the appointing authority must consider, to
					 the greatest extent practicable, the extent to which minority populations are
					 represented on the Council.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.18 - Comprehensive system of personnel development

Current through June 25, 2024
The State plan must describe the procedures and activities the State agency will undertake to establish and maintain a comprehensive system of personnel development designed to ensure an adequate supply of qualified rehabilitation personnel, including professionals and paraprofessionals, for the designated State unit. If the State agency has a State Rehabilitation Council, this description must, at a minimum, specify that the Council has an opportunity to review and comment on the development of plans, policies, and procedures necessary to meet the requirements of paragraphs (b) through (d) of this section. This description must also conform with the following requirements:
(a)
					 Data system on personnel and personnel development. The State plan must
					 describe the development and maintenance of a system by the State agency for
					 collecting and analyzing on an annual basis data on qualified personnel needs
					 and personnel development, in accordance with the following requirements:
(1) Data on qualified personnel needs must
					 include--
(i) The number of personnel who are
					 employed by the State agency in the provision of vocational rehabilitation
					 services in relation to the number of individuals served, broken down by
					 personnel category;
(ii) The number
					 of personnel currently needed by the State agency to provide vocational
					 rehabilitation services, broken down by personnel category; and
(iii) Projections of the number of personnel,
					 broken down by personnel category, who will be needed by the State agency to
					 provide vocational rehabilitation services in the State in 5 years based on
					 projections of the number of individuals to be served, including individuals
					 with significant disabilities, the number of personnel expected to retire or
					 leave the field, and other relevant factors.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.19 - Affirmative action for individuals with disabilities

Current through June 25, 2024
The State plan must assure that the State agency takes affirmative action to employ and advance in employment qualified individuals with disabilities covered under and on the same terms and conditions as stated in section 503 of the Act.
Authority: Section
						101(a)(6)(B) of the Act;  29
						U.S.C. 721(a)(6)(B)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.20 - Public participation requirements

Current through June 25, 2024
(a) Conduct of
					 public meetings. The State plan must assure that prior to the adoption of any
					 substantive policies or procedures governing the provision of vocational
					 rehabilitation services under the State plan, including making any substantive
					 amendments to the policies and procedures, the designated State agency conducts
					 public meetings throughout the State to provide the public, including
					 individuals with disabilities, an opportunity to comment on the policies or
					 procedures.
(b) Notice
					 requirements. The State plan must assure that the designated State agency,
					 prior to conducting the public meetings, provides appropriate and sufficient
					 notice throughout the State of the meetings in accordance with--
(1) State law governing public meetings;
					 or
(2) In the absence of State law
					 governing public meetings, procedures developed by the designated State agency
					 in consultation with the State Rehabilitation Council.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.21 - Consultations regarding the administration of the state plan

Current through June 25, 2024
The State plan must assure that, in connection with matters of general policy arising in the administration of the State plan, the designated State agency takes into account the views of--
(a) Individuals and groups of individuals who
					 are recipients of vocational rehabilitation services or, as appropriate, the
					 individuals' representatives;
(b)
					 Personnel working in programs that provide vocational rehabilitation services
					 to individuals with disabilities;
(c) Providers of vocational rehabilitation
					 services to individuals with disabilities;
(d) The director of the Client Assistance
					 Program; and
(e) The State
					 Rehabilitation Council, if the State has a Council.
Authority: Sections
						101(a)(16)(B) of the Act;  29
						U.S.C. 721(a)(16)(B)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.22 - Coordination with education officials

Current through June 25, 2024
(a) Plans,
					 policies, and procedures.
(1) The State plan
					 must contain plans, policies, and procedures for coordination between the
					 designated State agency and education officials responsible for the public
					 education of students with disabilities that are designed to facilitate the
					 transition of students with disabilities from the receipt of educational
					 services in school to the receipt of vocational rehabilitation services under
					 the responsibility of the designated State agency.
(2) These plans, policies, and procedures in
					 paragraph (a)(1) of this section must provide for the development and approval
					 of an individualized plan for employment in accordance with Sec. 361.45 as
					 early as possible during the transition planning process but, at the latest, by
					 the time each student determined to be eligible for vocational rehabilitation
					 services leaves the school setting or, if the designated State unit is
					 operating under an order of selection, before each eligible student able to be
					 served under the order leaves the school setting.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.23 - Requirements related to the statewide workforce investment system

Current through June 25, 2024
(a) Responsibilities as a partner of the
					 One-Stop service delivery system. As a required partner in the One-Stop service
					 delivery system (which is part of the statewide workforce investment system
					 under Title I of the Workforce Investment Act of 1998), the designated State
					 unit must carry out the following functions consistent with the Act, this part,
					 Title I of the Workforce Investment Act of 1998, and the regulations in 20 CFR
					 part 662:
(1) Make available to participants
					 through the One-Stop service delivery system the core services (as described in
					  20 CFR
					 662.240  ) that are applicable to the Program
					 administered by the designated State unit under this part.
(2) Use a portion of funds made available to
					 the Program administered by the designated State unit under this part,
					 consistent with the Act and this part, to--
(i) Create and maintain the One-Stop service
					 delivery system; and
(ii) Provide
					 core services (as described in
					  20 CFR
					 662.240  ).
(3) Enter into a memorandum of understanding
					 (MOU) with the Local Workforce Investment Board under section 117 of the
					 Workforce Investment Act of 1998 relating to the operation of the One-Stop
					 service delivery system that meets the requirements of section 121(c) of the
					 Workforce Investment Act and  20 CFR 662.300, including a
					 description of services, how the cost of the identified services and operating
					 costs of the system will be funded, and methods for referrals.
(4) Participate in the operation of the
					 One-Stop service delivery system consistent with the terms of the MOU and the
					 requirements of the Act and this part.
(5) Provide representation on the Local
					 Workforce Investment Board under section 117 of the Workforce Investment Act of
					 1998.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.24 - Cooperation and coordination with other entities

Current through June 25, 2024
(a)
					 Interagency cooperation. The State plan must describe the designated State
					 agency's cooperation with and use of the services and facilities of Federal,
					 State, and local agencies and programs, including programs carried out by the
					 Under Secretary for Rural Development of the Department of Agriculture and
					 State use contracting programs, to the extent that those agencies and programs
					 are not carrying out activities through the statewide workforce investment
					 system.
(b) Coordination with the
					 Statewide Independent Living Council and independent living centers. The State
					 plan must assure that the designated State unit, the Statewide Independent
					 Living Council established under 34 CFR part 364, and the independent living
					 centers established under 34 CFR part 366 have developed working relationships
					 and coordinate their activities.
(c) Cooperative agreement with recipients of
					 grants for services to American Indians.
(1)
					 General. In applicable cases, the State plan must assure that the designated
					 State agency has entered into a formal cooperative agreement with each grant
					 recipient in the State that receives funds under part C of the Act (American
					 Indian Vocational Rehabilitation Services).
(2) Contents of formal cooperative agreement.
					 The agreement required under paragraph (a)(1) of this section must describe
					 strategies for collaboration and coordination in providing vocational
					 rehabilitation services to American Indians who are individuals with
					 disabilities, including--
(i) Strategies for
					 interagency referral and information sharing that will assist in eligibility
					 determinations and the development of individualized plans for
					 employment;
(ii) Procedures for
					 ensuring that American Indians who are individuals with disabilities and are
					 living near a reservation or tribal service area are provided vocational
					 rehabilitation services; and
(iii)
					 Provisions for sharing resources in cooperative studies and assessments,joint
					 training activities, and other collaborative activities designed to improve the
					 provision of services to American Indians who are individuals with
					 disabilities.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.25 - Statewideness

Current through June 25, 2024
The State plan must assure that services provided under the State plan will be available in all political subdivisions of the State, unless a waiver of statewideness is requested and approved in accordance with Sec. 361.26.
Authority: Section
						101(a)(4) of the Act;  29
						U.S.C. 721(a)(4)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.26 - Waiver of statewideness

Current through June 25, 2024
(a) Availability.
					 The State unit may provide services in one or more political subdivisions of
					 the State that increase services or expand the scope of services that are
					 available statewide under the State plan if--
(1) The non-Federal share of the cost of
					 these services is met from funds provided by a local public agency, including
					 funds contributed to a local public agency by a private agency, organization,
					 or individual;
(2) The services are
					 likely to promote the vocational rehabilitation of substantially larger numbers
					 of individuals with disabilities or of individuals with disabilities with
					 particular types of impairments; and
(3) For purposes other than those specified
					 in Sec. 361.60(b)(3)(i) and consistent with the requirements in Sec.
					 361.60(b)(3)(ii), the State includes in its State plan, and the Secretary
					 approves, a waiver of the statewideness requirement, in accordance with the
					 requirements of paragraph (b) of this section.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.27 - Shared funding and administration of joint programs

Current through June 25, 2024
(a) If the State plan provides for the
					 designated State agency to share funding and administrative responsibility with
					 another State agency or local public agency to carry out a joint program to
					 provide services to individuals with disabilities, the State must submit to the
					 Secretary for approval a plan that describes its shared funding and
					 administrative arrangement.
(b) The
					 plan under paragraph (a) of this section must include--
(1) A description of the nature and scope of
					 the joint program;
(2) The services
					 to be provided under the joint program;
(3) The respective roles of each
					 participating agency in the administration and provision of services;
					 and
(4) The share of the costs to
					 be assumed by each agency.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.28 - Third-party cooperative arrangements involving funds from other public agencies

Current through June 25, 2024
(a) The designated
					 State unit may enter into a third-party cooperative arrangement for providing
					 or administering vocational rehabilitation services with another State agency
					 or a local public agency that is furnishing part or all of the non-Federal
					 share, if the designated State unit ensures that--
(1) The services provided by the cooperating
					 agency are not the customary or typical services provided by that agency but
					 are new services that have a vocational rehabilitation focus or existing
					 services that have been modified, adapted, expanded, or reconfigured to have a
					 vocational rehabilitation focus;
(2) The services provided by the cooperating
					 agency are only available to applicants for, or recipients of, services from
					 the designated State unit;
(3)
					 Program expenditures and staff providing services under the cooperative
					 arrangement are under the administrative supervision of the designated State
					 unit; and
(4) All State plan
					 requirements, including a State's order of selection, will apply to all
					 services provided under the cooperative program.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.29 - Statewide assessment; annual estimates; annual State goals and priorities; strategies; and progress reports

Current through June 25, 2024
(a) Comprehensive
					 statewide assessment.
(1) The State plan must
					 include--
(i) The results of a comprehensive,
					 statewide assessment, jointly conducted by the designated State unit and the
					 State Rehabilitation Council (if the State unit has a Council) every 3 years
					 describing the rehabilitation needs of individuals with disabilities residing
					 within the State, particularly the vocational rehabilitation services needs
					 of--
(A) Individuals with the most significant
					 disabilities, including their need for supported employment services;
(B) Individuals with disabilities who are
					 minorities and individuals with disabilities who have been unserved or
					 underserved by the vocational rehabilitation program carried out under this
					 part; and
(C) Individuals with
					 disabilities served through other components of the statewide workforce
					 investment system as identified by those individuals and personnel assisting
					 those individuals through the components of the system; and
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.30 - Services to American Indians

Current through June 25, 2024
The State plan must assure that the designated State agency provides vocational rehabilitation services to American Indians who are individuals with disabilities residing in the State to the same extent as the designated State agency provides vocational rehabilitation services to other significant populations of individuals with disabilities residing in the State.
Authority: Sections
						101(a)(13) and 121(b)(3) of the Act;
						 29 U.S.C.
						721(a)(13)  and 741(b)(3)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.31 - Cooperative agreements with private nonprofit organizations

Current through June 25, 2024
The State plan must describe the manner in which cooperative agreements with private nonprofit vocational rehabilitation service providers will be established.
Authority: Sections
						101(a)(24)(B);  29 U.S.C.
						721(a)(24)(B)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.32 - Use of profitmaking organizations for on-the-job training in connection with selected projects

Current through June 25, 2024
The State plan must assure that the designated State agency has the authority to enter into contracts with for-profit organizations for the purpose of providing, as vocational rehabilitation services, on-the-job training and related programs for individuals with disabilities under the Projects With Industry program, 34 CFR part 379, if the designated State agency has determined that for-profit agencies are better qualified to provide needed vocational rehabilitation services than nonprofit agencies and organizations.
Authority: Section
						101(a)(24)(A) of the Act;  29
						U.S.C. 721(a)(24)(A)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.34 - Supported employment State plan supplement

Current through June 25, 2024
(a)
					 The State plan must assure that the State has an acceptable plan under 34 CFR
					 part 363 that provides for the use of funds under that part to supplement funds
					 under this part for the cost of services leading to supported
					 employment.
(b) The supported
					 employment plan, including any needed annual revisions, must be submitted as a
					 supplement to the State plan submitted under this part.
Authority: Sections
						101(a)(22) and 625(a) of the Act;
						 29 U.S.C.
						721(a)(22)  and 795(k)
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.35 - Innovation and expansion activities

Current through June 25, 2024
(a) The State plan
					 must assure that the State will reserve and use a portion of the funds allotted
					 to the State under section 110 of the Act--
(1) For the development and implementation of
					 innovative approaches to expand and improve the provision of vocational
					 rehabilitation services to individuals with disabilities, particularly
					 individuals with the most significant disabilities, consistent with the
					 findings of the comprehensive, statewide assessment of the rehabilitation needs
					 of individuals with disabilities under Sec. 361.29(a) and the State's goals and
					 priorities under Sec. 361.29(c); and
(2) To support the funding of--
(i) The State Rehabilitation Council, if the
					 State has a Council, consistent with the resource plan identified in Sec.
					 361.17(i); and
(ii) The Statewide
					 Independent Living Council, consistent with the plan prepared under
					  34 CFR
					 364.21(i).
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.36 - Ability to serve all eligible individuals; order of selection for services

Current through June 25, 2024
(a) General
					 provisions.
(1) The designated State unit
					 either must be able to provide the full range of services listed in section
					 103(a) of the Act and Sec. 361.48, as appropriate, to all eligible individuals
					 or, in the event that vocational rehabilitation services cannot be provided to
					 all eligible individuals in the State who apply for the services, include in
					 the State plan the order to be followed in selecting eligible individuals to be
					 provided vocational rehabilitation services.
(2) The ability of the designated State unit
					 to provide the full range of vocational rehabilitation services to all eligible
					 individuals must be supported by a determination that satisfies the
					 requirements of paragraph (b) or (c) of this section and a determination that,
					 on the basis of the designated State unit's projected fiscal and personnel
					 resources and its assessment of the rehabilitation needs of individuals with
					 significant disabilities within the State, it can--
(i) Continue to provide services to all
					 individuals currently receiving services;
(ii) Provide assessment services to all
					 individuals expected to apply for services in the next fiscal year;
(iii) Provide services to all individuals who
					 are expected to be determined eligible in the next fiscal year; and
(iv) Meet all program requirements.
(3) If the designated State unit
					 is unable to provide the full range vocational rehabilitation services to all
					 eligible individuals in the State who apply for the services, the State plan
					 must--
(i) Show the order to be followed in
					 selecting eligible individuals to be provided vocational rehabilitation
					 services;
(ii) Provide a
					 justification for the order of selection;
(iii) Identify service and outcome goals and
					 the time within which the goals may be achieved for individuals in each
					 priority category within the order, as required under Sec. 361.29(c)(5);
					 and
(iv) Assure that--
(A) In accordance with criteria established
					 by the State for the order of selection, individuals with the most significant
					 disabilities will be selected first for the provision of vocational
					 rehabilitation services; and
(B)
					 Individuals who do not meet the order of selection criteria will have access to
					 services provided through the information and referral system established under
					 Sec. 361.37.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.37 - Information and referral services

Current through June 25, 2024
(a) General
					 provisions. The State plan must assure that--
(1) The designated State agency will
					 implement an information and referral system adequate to ensure that
					 individuals with disabilities, including eligible individuals who do not meet
					 the agency's order of selection criteria for receiving vocational
					 rehabilitation services if the agency is operating on an order of selection,
					 are provided accurate vocational rehabilitation information and guidance (which
					 may include counseling and referral for job placement) using appropriate modes
					 of communication to assist them in preparing for, securing, retaining, or
					 regaining employment; and
(2) The
					 designated State agency will refer individuals with disabilities to other
					 appropriate Federal and State programs, including other components of the
					 statewide workforce investment system.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.38 - Protection, use, and release of personal information

Current through June 25, 2024
(a) General provisions.
(1) The State agency and the State unit must
					 adopt and implement written policies and procedures to safeguard the
					 confidentiality of all personal information, including photographs and lists of
					 names. These policies and procedures must ensure that--
(i) Specific safeguards are established to
					 protect current and stored personal information;
(ii) All applicants and eligible individuals
					 and, as appropriate, those individuals' representatives, service providers,
					 cooperating agencies, and interested persons are informed through appropriate
					 modes of communication of the confidentiality of personal information and the
					 conditions for accessing and releasing this information;
(iii) All applicants or their representatives
					 are informed about the State unit's need to collect personal information and
					 the policies governing its use, including--
(A) Identification of the authority under
					 which information is collected;
(B)
					 Explanation of the principal purposes for which the State unit intends to use
					 or release the information;
(C)
					 Explanation of whether providing requested information to the State unit is
					 mandatory or voluntary and the effects of not providing requested
					 information;
(D) Identification of
					 those situations in which the State unit requires or does not require informed
					 written consent of the individual before information may be released;
					 and
(E) Identification of other
					 agencies to which information is routinely released;
(iv) An explanation of State policies and
					 procedures affecting personal information will be provided to each individual
					 in that individual's native language or through the appropriate mode of
					 communication; and
(v) These
					 policies and procedures provide no fewer protections for individuals than State
					 laws and regulations.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.39 - State-imposed requirements

Current through June 25, 2024
The designated State unit must, upon request, identify those regulations and policies relating to the administration or operation of its vocational rehabilitation program that are State-imposed, including any regulations or policy based on State interpretation of any Federal law, regulations, or guideline.
Authority: Section 17
						of the Act;  29 U.S.C.
						714
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Administration › Section 32-11-361-B-361.40 - Reports

Current through June 25, 2024
(a) The State plan must assure that the
					 designated State agency will submit reports, including reports required under
					 sections 13, 14, and 101(a)(10) of the Act--
(1) In the form and level of detail and at
					 the time required by the Secretary regarding applicants for and eligible
					 individuals receiving services under this part; and
(2) In a manner that provides a complete
					 count (other than the information obtained through sampling consistent with
					 section 101(a)(10)(E) of the Act) of the applicants and eligible individuals
					 to--
(i) Permit the greatest possible
					 cross-classification of data; and
(ii) Protect the confidentiality of the
					 identity of each individual.
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Provision and Scope of Services › Section 32-11-361-B-361.41 - Processing referrals and applications

Current through June 25, 2024
(a) Referrals.
					 The designated State unit must establish and implement standards for the prompt
					 and equitable handling of referrals of individuals for vocational
					 rehabilitation services, including referrals of individuals made through the
					 One-Stop service delivery systems established under section 121 of the
					 Workforce Investment Act of 1998. The standards must include timelines for
					 making good faith efforts to inform these individuals of application
					 requirements and to gather information necessary to initiate an assessment for
					 determining eligibility and priority for services.
(b) Applications.
(1) Once an individual has submitted an
					 application for vocational rehabilitation services, including applications made
					 through common intake procedures in One-Stop centers established under section
					 121 of the Workforce Investment Act of 1998, an eligibility determination must
					 be made within 60 days, unless--
(i)
					 Exceptional and unforeseen circumstances beyond the control of the designated
					 State unit preclude making an eligibility determination within 60 days and the
					 designated State unit and the individual agree to a specific extension of time;
					 or
(ii) An exploration of the
					 individual's abilities, capabilities, and capacity to perform in work
					 situations is carried out in accordance with Sec. 361.42(e) or, if appropriate,
					 an extended evaluation is carried out in accordance with Sec.
					 361.42(f).
Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 11 - Vocational Rehabilitation Regulations › Part 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM › Subpart B - State Plan and Other Requirements for Vocational Rehabilitation Services › Provision and Scope of Services › Section 32-11-361-B-361.42 - Assessment for determining eligibility and priority for services

Current through June 25, 2024
In order to determine whether an individual is eligible for vocational rehabilitation services and the individual's priority under an order of selection for services (if the State is operating under an order of selection), the designated State unit must conduct an assessment for determining eligibility and priority for services. The assessment must be conducted in the most integrated setting possible, consistent with the individual's needs and informed choice, and in accordance with the following provisions:
(a) Eligibility
					 requirements.
(1) Basic requirements. The
					 designated State unit's determination of an applicant's eligibility for
					 vocational rehabilitation services must be based only on the following
					 requirements:
(i) A determination by qualified
					 personnel that the applicant has a physical or mental impairment.
(ii) A determination by qualified personnel
					 that the applicant's physical or mental impairment constitutes or results in a
					 substantial impediment to employment for the applicant.
(iii) A determination by a qualified
					 vocational rehabilitation counselor employed by the designated State unit that
					 the applicant requires vocational rehabilitation services to prepare for,
					 secure, retain, or regain employment consistent with the applicant's unique
					 strengths, resources, priorities, concerns, abilities, capabilities, interests,
					 and informed choice.
(iv) A
					 presumption, in accordance with paragraph (a)(2) of this section, that the
					 applicant can benefit in terms of an employment outcome from the provision of
					 vocational rehabilitation services.