34 CFR 366.50 - What assurances shall a center provide and comply with?

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§ 366.50 What assurances shall a center provide and comply with?
To be eligible for assistance under this part, an eligible agency shall provide satisfactory assurances that—
(a) The applicant is an eligible agency;
(b) The center will be designed and operated within local communities by individuals with disabilities, including an assurance that the center will have a board that is the principal governing body of the center and a majority of which must be composed of individuals with significant disabilities;
(c) The applicant will comply with the standards in subpart G;
(d) The applicant will establish clear priorities through—
(1) Annual and three-year program and financial planning objectives for the center, including overall goals or a mission for the center;
(2) A work plan for achieving the goals or mission, specific objectives, service priorities, and types of services to be provided; and
(3) A description that demonstrates how the proposed activities of the applicant are consistent with the most recent three-year State plan under section 704 of the Act;
(e) The applicant will use sound organizational and personnel assignment practices, including taking affirmative action to employ and advance in employment qualified individuals with significant disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under section 503 of the Act;
(f) The applicant will ensure that the majority of the staff, and individuals in decision-making positions, of the applicant are individuals with disabilities;
(g) The applicant will practice sound fiscal management, including making arrangements for an annual independent fiscal audit;
(h) The applicant will conduct an annual self-evaluation, prepare an annual performance report, and maintain records adequate to measure performance with respect to the standards in subpart G;
(i) The annual performance report and the records of the center's performance required by paragraph (h) of this section must each contain information regarding, at a minimum—
(1) The extent to which the center is in compliance with the standards in section 725(b) of the Act and subpart G of this part (Cross-reference: See §§ 366.70(a)(2) and 366.73);
(2) The number and types of individuals with significant disabilities receiving services through the center;
(3) The types of services provided through the center and the number of individuals with significant disabilities receiving each type of service;
(4) The sources and amounts of funding for the operation of the center;
(5) The number of individuals with significant disabilities who are employed by, and the number who are in management and decision-making positions in, the center;
(6) The number of individuals from minority populations who are employed by, and the number who are in management and decision-making positions in, the center; and
(7) A comparison, if appropriate, of the activities of the center in prior years with the activities of the center in most recent years;
(j) Individuals with significant disabilities who are seeking or receiving services at the center will be notified by the center of the existence of, the availability of, and how to contact the client assistance program;
(k) Aggressive outreach regarding services provided through the center will be conducted in an effort to reach populations of individuals with significant disabilities that are unserved or underserved by programs under title VII of the Act, especially minority groups and urban and rural populations;
(l) Staff at centers will receive training on how to serve unserved and underserved populations, including minority groups and urban and rural populations;
(m) The center will submit to the SILC a copy of its approved grant application and the annual performance report required under paragraph (h) of this section;
(n) The center will prepare and submit to the DSU, if the center received a grant from the Director, or to the Secretary, if the center received a grant from the Secretary, within 90 days of the end of each fiscal year, the annual performance report that is required to be prepared pursuant to paragraph (h) of this section and that contains the information described in paragraph (i) of this section; and
(o) An IL plan as described in section 704(e) of the Act will be developed for each individual who will receive services under this part unless the individual signs a waiver stating that an IL plan is unnecessary.
(Approved by the Office of Management and Budget under control number 1820-0018)
(Authority: 29 U.S.C. 796f-4)

Title 34 published on 2014-07-01

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