§ 345.53 What are the requirements for grantee participation in the Secretary's progress assessments? Recipients of development grants shall participate in the Secretary's assessment of the extent to which States are making significant progress by—

(a) Participating in the on-site monitoring visits that will be made to each grantee during the final year of the development grant;

(b) Participating in an on-site monitoring visit, that is in addition to the visit in paragraph (a), if the State applies for a second extension grant and whose initial on-site visit occurred prior to the date of the enactment of the Technology-Related Assistance for Individuals with Disabilities Act Amendments of 1994, unless the Secretary determines that the visit is not necessary.

(c) Providing written evaluations of the State's progress toward fulfilling its goals and the objectives of the project, and such other documents as the Secretary may reasonably require to complete the required assessment. (Authority: 29 U.S.C. 2215(a); section 105(a) of the Act)

§ 345.54 How may grant funds be used under this program?

(a) States receiving funds under this part shall comply with the assurances provided under §§ 345.30 and 345.31.

(b) A State receiving a grant may make contracts or subgrants to the eligible entities in §345.6, provided that—

(1) A designated public agency maintains fiscal responsibility and accountability; and

(2) All appropriate provisions related to data collection, recordkeeping, and cooperation with the Secretary's evaluation and program monitoring efforts are applied to all subcontractors and subgrantees as well as to the agency receiving the grant.

(Authority: 29 U.S.C. 2212(e), 2213(d), and 2215(a)(5); sections 102(e), 103(d), and 105(a)(5) of the Act; section 437 of the General Education Provisions Act; 20 U.S.C. 1232f)

$345.55 What are the responsibilities of a State in carrying out protection and advocacy services?

(a)(1) A State is eligible to receive funding to provide protection and advocacy services if

(i) The State, as of June 30, 1993, has provided for protection and advocacy services through an entity that is capa ble of performing the functions that would otherwise be performed under §345.30(b)(12) by the system described in that section; and

(ii) The entity referred to in §345.30(b)(12)(i) is not a system described in that section.

(b) A State that meets both of the descriptions in paragraph (a)(1) of this section also shall comply with the same requirements of this part as system that receives funding under §345.30(b)(12).

(c)(1) A system that receives funds under §345.30(b)(12)(i) to carry out the protection and advocacy services de scribed in §345.30(b)(12)(i) in a State, or an entity described in paragraph (a)(1) of this section, shall prepare reports that contain the information required by the Secretary, including the following:

(i) A description of the activities carried out by the system or entity with the funds;

(ii) Documentation of significant progress, in providing protection and advocacy services, in each of the fol lowing areas:

(A) Conducting activities that are consumer-responsive, including activities that will lead to increased access to funding for assistive technology devices and assistive technology services. (B) Executing legal, administrative, and other appropriate means of representation to implement systems change and advocacy activities.

(C) Developing and implementing strategies designed to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to successfully advocate for assistive technology devices and assistive technology services to which the individuals with disabilities

are entitled under law other than this Act.

(D) Coordinating activities with protection and advocacy services funded through sources other than this Act, and coordinating activities with the systems change and advocacy activities carried out by the State lead agenby.

(2) The system or entity shall submit the reports to the lead agency in the State not less often than every 6 months.

(3) The system or entity shall provide monthly updates to the lead agency concerning the activities and information described in paragraph (c) of this thejection.

(d) Before making a grant or entering into a contract under $345.30(b)(12)(ii) to support the protection and advocacy services described in §345.30(b)(12)(ii) in State, the Secretary shall solicit and ere consider the opinions of the lead agenmy in the State with respect to the e terms of the grant or contract.

(e)(1) In each fiscal year, the Secgretary specifies for each State receivaring a development or an extension

grant the minimum amount that the the State shall use to provide protection and advocacy services.

(2)(i) Except as provided for in paragraphs (e) (3) and (4), the Secretary calculates this minimum amount based on the size of the grant, the needs of indiCviduals with disabilities within the State, the population of the State, and the geographic size of the State.

(ii) The Secretary establishes a minimum amount for each State that ranges from at least $40,000 up to $100,000.

(3) If a State receives a second extension grant, the Secretary specifies a minimum amount for the fourth year (if any) of the grant period that equals 75 percent of the minimum amount specified for the State for the third ce year of the second extension grant of the State.

(4) If a State receives a second extension grant, the Secretary specifies a minimum amount for the fifth year (if any) of the grant period that equals 50 #percent of the minimum amount specified for the State for the third year of the second extension grant of the State.

(2) Two representatives from different public or private nonprofit organizations that represent the interests of individuals with disabilities;

(3) Two consumers who are users of assistive technology devices and assistive technology services and who are not

(i) Members of the advisory council, if any, of the consumer-responsive comprehensive statewide program of technology-related assistance; or

(ii) Employees of the State lead agency; and

(4) Two service providers with knowledge and expertise in assistive technology devices and assistive technology services.

(b) The monitoring panel must be ethnically diverse. The panel shall select a chairperson from among the members of the panel.

(c) The panel shall receive periodic reports from the State regarding progress in implementing the corrective action plan and shall have the authority to request additional information necessary to determine compli

ance.

(d) The meetings of the panel to determine compliance shall be open to the public (subject to confidentiality concerns) and held at locations that are accessible to individuals with disabilities.

(e) The panel shall carry out the duties of the panel for the entire period of the corrective action plan, as determined by the Secretary.

(f) A failure by a Governor of a State to comply with the requirements of paragraphs (a) through (e) of this section results in the termination of funding for the State under this part.

(g) Based on its findings, a monitoring panel may determine that a lead agency designated by a Governor has not accomplished the purposes described in §345.2(a) and that there is good cause for redesignation of the agency and the temporary loss of funds by the State under this part.

(h) For the purposes of this section, "good cause" includes the following:

(1) Lack of progress with employment of qualified staff;

(2) Lack of consumer-responsive activities;

(3) Lack of resource allocation to systems change and advocacy activities; (4) Lack of progress with meeting the assurances in §345.30(b); or

(5) Inadequate fiscal management. (i) If a monitoring panel determines that the lead agency should be redesignated, the panel shall recommend to the Secretary that further remedial action be taken or that the Secretary order the Governor to redesignate the lead agency within 90 days or lose funds under this part. The Secretary, based on the findings and recommenda tions of the monitoring panel, and after providing to the public notice and opportunity for comment, shall make a final determination regarding whether to order the Governor to redesignate the lead agency. The Governor shall make any redesignation in accordance with the requirements that apply to designations under §345.6.

(Authority: 29 U.S.C. 2215(c); section 105(c) of the Act)

§ 345.63 How does a State change the entity responsible for providing protection and advocacy services?

(a) The Governor of a State, based on input from individuals with disabilities and their family members, guardians, advocates, or authorized representa tives, may determine that the entity providing protection and advocacy services has not met the protection and advocacy service needs of the individuals with disabilities and their family members, guardians, advocates, or authorized representatives, for securing funding for and access to assistive technology devices and assistive technology services, and that there is good cause to provide the protection and advocacy services for the State through & contract with a second entity.

(b) On making the determination in paragraph (a) of this section, the Gov- › ernor may not enter into a contract with a second entity to provide the protection and advocacy services unless good cause exists and unless

(1) The Governor has given the first entity 30 days notice of the intention to enter into the contract, including specification of good cause, and an opportunity to respond to the assertion that good cause has been shown;

dere

800

(2) Individuals with disabilities and their family members, guardians, advocates, or authorized representatives, have timely notice of the determination and opportunity for public comment; and

(3) The first entity has the opportunity to appeal the determination to the Secretary within 30 days of the determination on the basis that there is not good cause to enter into the contract.

(c)(1) When the Governor of a State determines that there is good cause to enter into a contract with a second entity to provide the protection and advocacy services, the Governor shall hold an open competition within the State and issue a request for proposals by entities desiring to provide the services.

(2) The Governor shall not issue a request for proposals by entities desiring to provide protection and advocacy services until the first entity has been given notice and an opportunity to respond. If the first entity appeals the determination to the Secretary, the Governor shall issue such request only if the Secretary decides not to overeturn the determination of the Governor. The Governor shall issue such request within 30 days after the end of eps the period during which the first entity

has the opportunity to respond, or after the decision of the Secretary, as appropriate.

(3) The competition shall be open to entities with the same expertise and ability to provide legal services as a * system in §345.30(b)(12). The competition shall ensure public involvement, including a public hearing and adeequate opportunity for public comment. (Authority: 29 U.S.C. 2215(d); section 105(d) of the Act)

350.2 What is the purpose of the Disability and Rehabilitation Research Project and Centers Program?

350.3 Who is eligible for an award? 350.4 What regulations apply?

350.5 What definitions apply?

Subpart B-What Projects Does the
Secretary Assist?

350.10 What are the general requirements for Disability and Rehabilitation Research Projects?

350.11 What are the general requirements for a Field-Initiated Project?

350.12 What are the general requirements for an Advanced Rehabilitation Research Training Project?

350.13 What must a grantee do in carrying out a research activity?

350.14 What must a grantee do in carrying out a training activity?

350.15 What must a grantee do in carrying out a demonstration activity? 350.16 What must a grantee do in carrying out a development activity?

350.17 What must a grantee do in carrying out a utilization activity?

350.18 What must a grantee do in carrying out a dissemination activity?

350.19 What must a grantee do in carrying out a technical assistance activity?

Subpart C-What Rehabilitation Research and Training Centers Does the Secretary Assist?

350.20 What general requirements must a Rehabilitation Research and Training Center meet?

350.21 What collaboration must a Rehabilitation Research and Training Center engage in?

350.22 What activities must a Rehabilitation Research and Training Center conduct?

350.23 What restriction exists on Rehabilitation Research and Training Centers regarding indirect costs?

Subpart D-What Rehabilitation Engineering Research Centers Does the Secretary Assist?

350.30 What requirements must a Rehabilitation Engineering Research Center meet?

350.31 What collaboration must a Rehabilitation Engineering Research Center engage in?

350.32 What activities must a Rehabilitation Engineering Research Center conduct?

350.33 What cooperation requirements must a Rehabilitation Engineering Research Center meet?

350.34 Which Rehabilitation Engineering Research Centers must have an advisory committee?

350.35 What are the requirements for the composition of an advisory committee?

Subpart E-How Does One Apply for an Award?

350.40 What is required of each applicant regarding the needs of individuals with disabilities from minority backgrounds? 350.41 What State agency review must an applicant under the Disability and Rehabilitation Research Projects and Centers Program obtain?

Subpart F-How Does the Secretary Make an Award?

350.50 What is the peer review process for this Program?

350.51 What is the purpose of peer review? 350.52 What is the composition of a peer review panel?

350.53 How does the Secretary evaluate an application?

350.54 What selection criteria does the Sec

retary use in evaluating an application? 350.55 What are the additional considerations for selecting Field-Initiated Project applications for funding? Subpart G-What Conditions Must Be Met After an Award?

350.60 How must a grantee conduct activities?

350.61 What evaluation requirements must a grantee meet?

350.62 What are the matching requirements? 350.63 What are the requirements of a grantee relative to the Client Assistance Program?

350.64 What is the required duration of the training in an Advanced Rehabilitation Research Training Project?

350.65 What level of participation is required of trainees in an Advanced Rehabilitation Research Training Project? 350.66 What must a grantee include in a patent application?

AUTHORITY: Sec. 204; 29 U.S.C. 761-762, unless otherwise noted.

SOURCE: 62 FR 5713, Feb. 6, 1997, unless otherwise noted.

EFFECTIVE DATE NOTE: At 62 FR 5713, Feb. 6, 1997, part 350 was revised, effective Oct. 1, 1997. For the convenience of the user, part 350 remaining in effect until Oct. 1, 1997, follows the text of this new part.

Subpart A-General

$350.1 What is the Disability and Rehabilitation Research Projects and Centers Program?

The Disability and Rehabilitation Research Projects and Centers Program provides grants to establish and support

(a) The following Disability and Rehabilitation Research and Related Projects:

(1) Disability and Rehabilitation Research Projects.

(2) Field-Initiated Projects. (3) Advanced Rehabilitation Research Training Projects; and

(b) The following Disability and Rehabilitation Research Centers:

(1) Rehabilitation Training Centers.

Research and

(2) Rehabilitation Engineering Research Centers.

(Authority: Sec. 204; 29 U.S.C. 762)

§ 350.2 What is the purpose of the Dis ability and Rehabilitation Research Project and Centers Program?

The purpose of the Disability and Rehabilitation Research Project and Centers Program is to plan and conduct research, demonstration projects, training, and related activities, including international activities, to

(a) Develop methods, procedures, and rehabilitation technology, that maximize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities, especially individuals with the most severe disabilities; and

(b) Improve the effectiveness of services authorized under the Act.

(Authority: Secs. 204(a) and (b)(6); 29 U.S.C. 762(a) and (b)(6))

$350.3 Who is eligible for an award? The following entities are eligible for an award under this program:

(a) States.

(b) Public or private agencies, including for-profit agencies.

(c) Public or private organizations, including for-profit organizations.

(d) Institutions of higher education.