34 CFR 373.4 - What definitions apply?

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There is 1 rule appearing in the Federal Register for 34 CFR Part 373. View below or at eCFR (GPOAccess)
§ 373.4 What definitions apply?
The following definitions apply to this part:
Act means the Rehabilitation Act of 1973, as amended.
(Authority: 29 U.S.C. 701 et seq.)
Early intervention means a service delivery or model demonstration program for adults with disabilities designed to begin the rehabilitation services as soon as possible after the onset or identification of actually or potentially disabling conditions. The populations served may include, but are not limited to, the following:
(a) Individuals with chronic and progressive diseases that may become more disabling, such as multiple sclerosis, progressive visual disabilities, or HIV.
(b) Individuals in the acute stages of injury or illness, including, but not limited to, diabetes, traumatic brain injury, stroke, burns, or amputation.
(Authority: 29 U.S.C. 711(c))
Employment outcome is defined in 34 CFR 361.5.
(Authority: 29 U.S.C. 711(c))
Individual with a disability is defined as follows:
(a) For an individual who will receive rehabilitation services under this part, an individual with a disability means an individual—
(1) Who has a physical or mental impairment which, for that individual, constitutes or results in a substantial impediment to employment; and
(2) Who can benefit in terms of an employment outcome from vocational rehabilitation services.
(b) For all other purposes of this part, an individual with a disability means an individual—
(1) Who has a physical or mental impairment that substantially limits one or more major life activities;
(2) Who has a record of such an impairment; or
(3) Who is regarded as having such an impairment.
(c) For purposes of paragraph (b) of this definition, projects that carry out services or activities pertaining to Title V of the Act must also meet the requirements for “an individual with a disability” insection 7(20)(c) through (e) of the Act, as applicable.
(Authority: 29 U.S.C. 705(20)(A) and (B))
Individual with a significant disability means an individual—
(a) 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;
(b) Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and
(c) 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.
Informed choice means the provision of activities whereby individuals with disabilities served by projects under this part have the opportunity to be active, full partners in the rehabilitation process, making meaningful and informed choices as follows:
(a) During assessments of eligibility and vocational rehabilitation needs.
(b) In the selection of employment outcomes, services needed to achieve the outcomes, entities providing these services, and the methods used to secure these services.
(Authority: 29 U.S.C. 711(c))
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. Rehabilitation services for an individual with a disability may include—
(a) An assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology;
(b) Counseling and guidance, including information and support services to assist an individual in exercising informed choice;
(c) Referral and other services to secure needed services from other agencies;
(d) Job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services;
(e) Vocational and other training services, including the provision of personal and vocational adjustment services, books, tools, and other training materials;
(f) Diagnosis and treatment of physical and mental impairments;
(g) Maintenance for additional costs incurred while the individual is receiving services;
(h) Transportation;
(i) On-the-job or other related personal assistance services;
(j) Interpreter and reader services;
(k) Rehabilitation teaching services, and orientation and mobility services;
(l) Occupational licenses, tools, equipment, and initial stocks and supplies;
(m) 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 telecommuting or establishing a small business operation as an employment outcome;
(n) Rehabilitation technology, including telecommunications, sensory, and other technological aids and devices;
(o) Transition services for individuals with disabilities that facilitate the achievement of employment outcomes;
(p) Supported employment services;
(q) Services to the family of an individual with a disability necessary to assist the individual to achieve an employment outcome;
(r) Post-employment services necessary to assist an individual with a disability to retain, regain, or advance in employment; and
(s) Expansion of employment opportunities for individuals with disabilities, which includes, but is not limited to—
(1) Self-employment, business ownership, and entreprenuership;
(2) Non-traditional jobs, professional employment, and work settings;
(3) Collaborating with employers, Economic Development Councils, and others in creating new jobs and career advancement options in local job markets through the use of job restructuring and other methods; and
(4) Other services as identified by the Secretary and published in theFederal Register.
(Authority: 29 U.S.C. 711(c) and 723(a))
Substantial impediment to employment means that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual's capacities and abilities.
Youth or Young adults with disabilities means individuals with disabilities who are between the ages of 16 and 26 inclusive when entering the program.
(Authority: 29 U.S.C. 711(c) and 723(a))

Title 34 published on 2014-07-01.

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For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-12-19; vol. 79 # 244 - Friday, December 19, 2014
    1. 79 FR 75872 - Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
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      DEPARTMENT OF JUSTICE, SMALL BUSINESS ADMINISTRATION, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AGENCY FOR INTERNATIONAL DEVELOPMENT, NATIONAL SCIENCE FOUNDATION, CORPORATION FOR NATIONAL AND COMMUNITY SERVICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, DEPARTMENT OF TREASURY, NATIONAL ENDOWMENT FOR THE ARTS, GULF COAST ECOSYSTEM RESTORATION COUNCIL, DEPARTMENT OF TRANSPORTATION, EXECUTIVE OFFICE OF THE PRESIDENT, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF LABOR, INSTITUTE OF MUSEUM AND LIBRARY SERVICES, ENVIRONMENTAL PROTECTION AGENCY, NATIONAL ENDOWMENT FOR THE HUMANITIES, DEPARTMENT OF DEFENSE, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, DEPARTMENT OF THE INTERIOR, DEPARTMENT OF COMMERCE, DEPARTMENT OF AGRICULTURE, DEPARTMENT OF ENERGY, DEPARTMENT OF HOMELAND SECURITY, SOCIAL SECURITY ADMINISTRATION, DEPARTMENT OF STATE, DEPARTMENT OF VETERANS AFFAIRS, DEPARTMENT OF EDUCATION, National Institute of Food and Agriculture, Rural Utilities Service, Rural Housing Service, Office of the Chief Financial Officer, Farm Service Agency, Office of National Drug Control Policy, Office of Management and Budget, Commodity Credit Corporation, Rural Business-Cooperative Service, Federal Emergency Management Agency
      Interim final rule.
      Effective date: This interim final rule is effective on December 26, 2014. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of December 26, 2014. Implementation dates: For grants authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, this rule is applicable for emergency or major disaster declarations issued on or after December 26, 2014. For non-Federal entities that are nonprofit organizations or institutions of higher education (IHEs), there is a one-year grace period for implementation of the procurement standards in 2 CFR 200.317 through 200.326. As will be detailed in the 2015 OMB Compliance Supplement, non-Federal entities choosing to delay implementation for the procurement standards will need to specify in their documented policies and procedures that they continue to comply with OMB circular A-110 for one additional fiscal year which begins after December 26, 2014. Comment date: To be assured of consideration, comments must be received by OMB electronically through www.regulations.gov no later than midnight Eastern Standard Time (E.S.T.) on February 17, 2015.
      2 CFR Parts 1, 25, 170, 180, and 200

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United States Code

Title 34 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 34 CFR Part 373 after this date.

  • 2015-04-16; vol. 80 # 73 - Thursday, April 16, 2015
    1. 80 FR 20988 - Workforce Innovation and Opportunity Act, Miscellaneous Program Changes
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      DEPARTMENT OF EDUCATION, Office of Special Education and Rehabilitative Services
      Notice of proposed rulemaking.
      We must receive your comments on or before June 15, 2015.
      34 CFR Parts 367, 369, 370, 371, 373, 376, 377, 379, 381, 385, 386, 387, 388, 389, 390, and 396