Current through August, 2024
(a) The department must submit to the U.S.
Secretary of Education, hereafter referred to as Secretary, and obtain approval
of, a State plan that contains a description of the State's VR services
program, the plans and policies (rules) to be followed in carrying out the
program, and other information requested by the Secretary, in accordance with
34 C.F.R.
section 361.10 and the requirements of this
section.
(b) The department may
choose to submit the State plan for VR 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 VR services must meet
the State plan requirements in this section.
(c) Prior to the adoption of any substantive
rules governing the provision of VR services under the State plan, including
making any substantive amendment to those rules, the State plan must assure
that the department conducts public meetings throughout the State to provide
the public, including individuals with disabilities, an opportunity to comment
on the rules, in accordance with the following requirements:
(1) The State plan must assure that the
department provides appropriate and sufficient notice throughout the State of
the meetings in accordance with State law governing public meetings.
(2) The State plan must provide a summary of
the input of the State Rehabilitation Council (Council) into the State plan and
any amendments to the State plan, including:
(A) Recommendations from the annual report of
the Council;
(B) The Council's
review and analysis of the effectiveness of, and consumer satisfaction with:
(i) The functions performed by the
department;
(ii) The VR services
provided by State agencies and other public and private entities responsible
for providing VR services to individuals with disabilities; and
(iii) The employment outcomes achieved by
eligible individuals receiving services including the availability of health
and other employment benefits in connection with those employment
outcomes;
(C) Other
reports prepared by the Council; and
(D) The division's response to the input and
recommendations, including explanations of reasons for rejecting any input or
recommendations of the Council.
(3) The State plan must assure that the
department actively consults with the director of the Client Assistance
Program, the State Rehabilitation Council, and, as appropriate, Indian tribes,
tribal organizations, and native Hawaiian organizations on its rules governing
the provision of VR services under the State plan.
(4) The division must provide to the public,
through appropriate modes of communication:
(A) Notices of the public meetings;
(B) Any materials furnished prior to or
during the public meetings; and
(C)
The rules governing the provision of VR services under the State
plan.
(d) The
State plan remains in effect, subject to the submission of modifications the
division 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 Rehabilitation Act of 1973, as amended, hereafter
referred to as 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 Federal regulations.
(e) The division 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 the Workforce Investment Act of
1998; or
(3) To the Secretary on
the same date that the State submits a State unified plan under section 501 of
the Workforce Investment Act that does not include the State plan under this
section.
(f) The
division must make the following annual submissions to the Secretary for
approval:
(1) Revisions to the State plan in
accordance with subsection (d) and
34 C.F.R.
76.140.
(2) Annual updates of the information
required under
34 C.F.R. sections
361.18,
361.29,
and
361.35
and any other updates of the information required under this section that are
requested by the Secretary.
(3) The
division is not required to submit rules or descriptions required under this
section, that have been previously submitted to the Secretary and that
demonstrate that the State meets the requirements of this section, including
any rules, or descriptions submitted under this section that are in effect on
August 6, 1998.
(g) The
Secretary approves any State plan and any revisions to the State plan that
conform to the requirements of this section and section 101(a) of the
Act.
(h) The Secretary disapproves
any State plan that does not conform to the requirements of this section and
section 101(a) of the Act, and that is not in accordance with the following
procedures:
(1) Prior to disapproving any
State plan, the Secretary attempts to resolve disputes informally with State
officials.
(2) If, after reasonable
effort has been made to resolve the dispute, no resolution has been reached,
the Secretary provides notice to the department of the intention to disapprove
the State plan and of the opportunity for a hearing.
(3) If the department requests a hearing, the
Secretary designates one or more individuals, either from the U.S. Department
of Education or elsewhere, not responsible for or connected with the
administration of the State VR services program, to conduct a hearing in
accordance with the provisions of 34 C.F.R. part 81, subpart A.
(4) The hearing officer issues an initial
decision in accordance with
34 C.F.R.
81.41.
(5) The department may seek the Secretary's
review of the initial decision in accordance with 34 C.F.R. part 81.
(6) The Secretary reviews the initial
decision in accordance with
34 C.F.R.
81.43.
(7) The final decision of the U.S. Department
of Education is made in accordance with
34 C.F.R.
81.44.
(8) The department may appeal the Secretary's
decision to disapprove the State plan by filing a petition for review with the
United States Court of Appeals for the circuit in which the State is located,
in accordance with section 107(d) of the Act.
