[Federal Register Volume 59, Number 88 (Monday, May 9, 1994)]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11009]


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[Federal Register: May 9, 1994]


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Part V





Department of Education





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34 CFR Part 388




State Vocational Rehabilitation Unit In-Service Training; Proposed Rule
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DEPARTMENT OF EDUCATION

34 CFR Part 388

RIN 1820-AB24

 
State Vocational Rehabilitation Unit In-Service Training

AGENCY: Department of Education.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Secretary proposes to amend the regulations governing the 
State Vocational Rehabilitation Unit In-Service Training program. The 
regulations are needed to implement changes made by the Rehabilitation 
Act Amendments of 1992. The proposed regulations incorporate new 
statutory requirements, reference changes in Education Department 
General Administrative Regulations, incorporate new phraseology from 
the Act, limit eligibility to designated State agencies, and provide 
funding allocation information.

DATES: Comments must be received on or before June 8, 1994.

ADDRESSES: All comments concerning these proposed regulations should be 
addressed to the Acting Commissioner, U.S. Department of Education, 400 
Maryland Avenue SW., room 3038 Switzer Building, Washington, DC 20202-
2531.
    A copy of any comments that concern information collection 
requirements should also be sent to the Office of Management and Budget 
at the address listed in the Paperwork Reduction Act section of this 
preamble.

FOR FURTHER INFORMATION CONTACT: Richard Melia, U.S. Department of 
Education, 400 Maryland Avenue SW., room 3422 Switzer Building, 
Washington, DC 20202-2649. Telephone (202) 205-9400. Individuals who 
use a telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 
p.m., Eastern time, Monday through Friday.

SUPPLEMENTARY INFORMATION: These proposed regulations would implement 
the changes to the State Vocational Rehabilitation Unit In-Service 
Training program made to the Rehabilitation Act of 1973 (the Act) by 
the Rehabilitation Act Amendments of 1992 (the Amendments), Public Law 
102-569, enacted October 29, 1992.
    The Amendments require that at least 15 percent of the sums 
appropriated to carry out section 302 of the Act be allocated among 
designated State agencies to be used, directly or indirectly, for 
projects for in-service training of rehabilitation personnel. The 
Secretary proposes to award funds to State agencies with approved 
projects based on the number of full-time equivalent staff employed by 
State rehabilitation agencies to ensure that all agencies have access 
to support for in-service training. The Department proposes to 
distribute 80 percent of the funds available to approved projects by 
formula based on the number of staff in designated State units and 
provide minimum shares to those small designated units. The remaining 
funds will be allocated on the basis of quality of the application and 
the extent to which an application addresses one or more specific 
priorities established by these regulations in Sec. 388.22 and 
announced in the application notice.
    The current regulations do not address allocation of funds by 
formula or on the basis of quality of the application. The Secretary 
has determined that the language on allocation requires that a formula 
be created by regulations. The Secretary reviewed a number of options 
for the allocation of funds and determined that the fairest approach 
would distribute funds based on the number of full-time equivalent 
staff since the purpose of in-service training is the training of that 
staff. Moreover, the Secretary reserved a minimum share for small 
agencies, as is done in other rehabilitation formula programs, to 
ensure that small agencies that lack training resources have sufficient 
funds to provide training for their staff. The requirement to 
distribute no less than eighty percent of the funds by formula was 
based on the Secretary's assessment that the funds remaining after 
formula allocation at that level would be an incentive for States to 
prepare high-quality proposals addressing the Secretary's priorities.
    The Department will continue to use the information reported 
annually by designated State units to the Rehabilitation Services 
Administration on Form RSA-2, (Annual Vocational Rehabilitation 
Program/Cost Report), in determining allocations of funds based on the 
number of person years for each designated State unit.
    The State Vocational Rehabilitation Unit In-Service Training 
program is one of six important programs in the Rehabilitation Training 
program. The Department envisions these six programs as an integrated 
response to the purpose for the rehabilitation training programs in 
section 301 of the Act. The six programs are: Rehabilitation Long-Term 
Training, Experimental and Innovative Training, State Vocational 
Rehabilitation Unit In-Service Training, Rehabilitation Continuing 
Education Programs, Rehabilitation Short-Term Training, and Training of 
Interpreters for Individuals Who Are Deaf and Individuals Who Are Deaf-
Blind. These programs, as a whole, are designed to meet the need to 
prepare qualified rehabilitation professionals to provide effective 
rehabilitation services across the service continuum of programs under 
the Rehabilitation Act to individuals with disabilities.
    In addition to these proposed regulations for in-service training, 
notices of proposed rulemaking (NPRMs) have been published for 34 CFR 
Part 386, Rehabilitation Training: Rehabilitation Long-Term Training 
(58 FR 52606), and for 34 CFR Part 396, Training of Interpreters for 
Individuals Who Are Deaf and Individuals Who Are Deaf-Blind (59 FR 
8350). Technical amendments to existing regulations for the remaining 
three training programs (34 CFR Part 387, Experimental and Innovative 
Training, 34 CFR Part 389, Rehabilitation Continuing Education 
Programs, and 34 CFR Part 390, Rehabilitation Short-Term Training) and 
general provisions for Rehabilitation Training (34 CFR Part 385) were 
published on February 18, 1994 (58 FR 8330).
    Designated State rehabilitation agencies, in developing their in-
service training programs, are expected to interact with and use the 
resources of activities supported under the other rehabilitation 
training programs. Likewise, the purpose of activities supported under 
the other rehabilitation training programs is to support the work of 
designated State rehabilitation agencies.
    Funding for approved applications will be allocated by a 
combination of award considerations: (1) A formula component that 
reflects the number of staff employed by an agency. (2) A qualitative 
component that awards funds based upon the overall ranking of the 
application in the review process. The Secretary reserves funds to 
support some or all of the proposals that have been awarded a rating of 
80 points or more under the selection criteria in Sec. 388.20 and 
address one or more priority areas identified in Sec. 388.22. The 
formula component ensures that all agencies with an approved project 
will receive a proportional share of the majority of available funds. 
The Secretary believes that a minimum score is necessary to ensure that 
all funded applications are of a high quality. The Secretary does not 
anticipate setting a standard that any State unit will not be able to 
meet. Nevertheless, if a State unit falls below the standard, the 
Secretary's first recourse would be to work with the applicant under 
the provisions of section 80.12 of the Education Department General 
Administrative Regulations to determine special conditions or 
restrictions in the award that correspond to the high risk conditions 
identified in the review. Only if negotiations fail to resolve those 
problems would an award not be made and the funds reallocated.
    The Secretary expects that the quality component's minimum score 
will ensure that only agencies with high quality proposals will receive 
awards for the remaining amount not distributed by formula. The 
application notice will identify which priorities are to be used for 
the competition, and applicants must address the priority in their 
proposal to be eligible to receive additional funding. The application 
notice will publish a table presenting the formula allocation by State 
unit.
    In-service grants were awarded for one year to designated State 
agencies in fiscal year (FY) 1993 through a competitive process 
conducted under the existing regulations and a statement of policy. The 
FY 1993 process awarded funds using a formula component and a 
qualitative component similar to what is proposed in these regulations. 
Based upon the experience in FY 1993 and consultation with the 
leadership of designated State rehabilitation agencies, the proposed 
regulations would change the basis on which qualitative funds are 
allocated. Instead of awarding qualitative funds based on rank order 
only, the Secretary would reserve funds over and above the formula for 
proposals that receive a rating of 80 points or more and address one or 
more priority areas established by the regulations and announced in the 
application notice. The Secretary believes that model, high-quality in-
service training projects addressing the priority areas in Sec. 388.22 
will benefit many States beyond the recipient program through 
replication and dissemination of training approaches.

Executive Order 12866

1. Assessment of Costs and Benefits

    These proposed regulations have been reviewed in accordance with 
Executive Order 12866. Under the terms of the order the Secretary has 
assessed the potential costs and benefits of this regulatory action.
    The potential costs associated with the proposed regulations are 
those resulting from statutory requirements and those determined by the 
Secretary to be necessary for administering this program effectively 
and efficiently. Burdens specifically associated with information 
collection requirements, if any, are identified and explained elsewhere 
in this preamble under the heading Paperwork Reduction Act of 1980.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--of these proposed regulations, the Secretary has 
determined that the benefits of the proposed regulations justify the 
costs.
    The Secretary has also determined that this regulatory action does 
not unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.
    To assist the Department in complying with the specific 
requirements of Executive Order 12866, the Secretary invites comment on 
whether there may be further opportunities to reduce any potential 
costs or increase potential benefits resulting from these proposed 
regulations without impeding the effective and efficient administration 
of the program.

2. Clarity of the Regulations

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand.
    The Secretary invites comments on how to make these proposed 
regulations easier to understand, including answers to questions such 
as the following: (1) Are the requirements in the proposed regulations 
clearly stated? (2) Do the regulations contain technical terms or other 
wording that interferes with their clarity? (3) Does the format of the 
regulations (grouping and order of sections, use of headings, 
paragraphing, etc.) aid or reduce their clarity? Would the regulations 
be easier to understand if they were divided into more (but shorter) 
sections? (A ``section'' is preceded by the symbol ``Sec. '' and a 
numbered heading; for example, Sec. 388.20 What selection criteria does 
the Secretary use?) (4) Is the description of the regulations in the 
``Supplementary Information'' section of this preamble helpful in 
understanding the regulations? How could this description be more 
helpful in making the regulations easier to understand? (5) What else 
could the Department do to make the regulations easier to understand?
    A copy of any comments that concern how the Department could make 
these proposed regulations easier to understand should be sent to 
Stanley M. Cohen, Regulations Quality Officer, U.S. Department of 
Education, 400 Maryland Avenue SW. (room 5125, FOB-6), Washington, DC 
20202-2241.

Regulatory Flexibility Act Certification

    The Secretary certifies that these proposed regulations would not 
have a significant economic impact on a substantial number of small 
entities.
    Because these proposed regulations would affect only States and 
State agencies, the regulations would not have an impact on small 
entities. States and State agencies are not defined as ``small 
entities'' in the Regulatory Flexibility Act.

Paperwork Reduction Act of 1980

    Section 388.20 contains information collection requirements. As 
required by the Paperwork Reduction Act of 1980, the Department of 
Education will submit a copy of these sections to the Office of 
Management and Budget (OMB) for its review. (44 U.S.C. 3504(h))
    State agencies that participate in the State Rehabilitation Unit 
In-Service Training program would have to comply with the information 
collection requirements in these proposed regulations. The Department 
needs and uses the information to make grants and to report on the 
training provided to recipients. Annual public reporting and 
recordkeeping burden for this collection of information is estimated to 
average 80 hours per response for 81 respondents, including the time 
for reviewing instructions, searching existing data sources, gathering 
and maintaining the data needed, and completing and reviewing the 
collection of information. The aggregate burden is estimated to be 6480 
hours.
    Organizations and individuals desiring to submit comments on the 
information collection requirements should direct them to the Office of 
Information and Regulatory Affairs, OMB, room 3002, New Executive 
Office Building, Washington, DC 20503; Attention: Daniel J. Chenok.

Intergovernmental Review

    This program is subject to the requirements of Executive Order 
12372 and the regulations in 34 CFR part 79. The objective of the 
Executive order is to foster an intergovernmental partnership and 
strengthened federalism by relying on processes developed by State and 
local governments for coordination and review of proposed Federal 
financial assistance.
    In accordance with the order, this document is intended to provide 
early notification of the Department's specific plans and actions for 
this program.

Invitation to Comment

    Interested persons are invited to submit comments and 
recommendations regarding these proposed regulations.
    All comments submitted in response to these proposed regulations 
will be available for public inspection, during and after the comment 
period, in room 3214, Mary E. Switzer Building, 330 C Street SW., 
Washington, DC, between the hours of 8:30 a.m. and 4 p.m., Monday 
through Friday of each week except Federal holidays.

List of Subjects in 34 CFR Part 388

    Grant programs--education, In-service training, Reporting and 
recordkeeping requirements, Vocational rehabilitation.

(Catalog of Federal Domestic Assistance Number 84.265, State 
Vocational Rehabilitation Unit In-Service Training)

    Dated: March 25, 1994.
Howard R. Moses,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.

    The Secretary proposes to amend title 34 of the Code of Federal 
Regulations by revising part 388 to read as follows:

PART 388--STATE VOCATIONAL REHABILITATION UNIT IN-SERVICE TRAINING

Subpart A--General

Sec.
388.1  What is the State Vocational Rehabilitation Unit In-Service 
Training program?
388.2  Who is eligible for an award?
388.3  What types of projects are authorized?
388.4  What activities may the Secretary fund?
388.5  What regulations apply?
388.6  What definitions apply?

Subpart B--[Reserved]

Subpart C--How Does the Secretary Make an Award?
388.20  What selection criteria does the Secretary use?
388.21  How does the Secretary determine the amount of a basic State 
award?
388.22  What priorities does the Secretary consider in making an 
award?
Subpart D--What Conditions Must be Met After an Award?
388.30  What are the matching requirements?
388.31  What are the allowable costs?

    Authority: 29 U.S.C. 711(c) and 774, unless otherwise noted.

Subpart A--General


Sec. 388.1  What is the State Vocational Rehabilitation Unit In-Service 
Training program?

    This program is designed to support projects for training State 
vocational rehabilitation unit personnel in program areas essential to 
the effective management of the unit's program of vocational 
rehabilitation services or in skill areas that will enable staff 
personnel to improve their ability to provide vocational rehabilitation 
services leading to employment outcomes for individuals with 
disabilities. The State Vocational Rehabilitation Unit In-Service 
Training program responds to needs identified in the comprehensive 
system of personnel development in section 101(a)(7) of the Act. The 
program may include training designed--
    (a) To address recruitment and retention of qualified 
rehabilitation professionals;
    (b) To provide for succession planning;
    (c) To provide for leadership development and capacity building; 
and
    (d) For fiscal year 1994, to provide training on the amendments to 
the Rehabilitation Act of 1973 made by the Rehabilitation Act 
Amendments of 1992.

(Authority: 29 U.S.C. 771a(g)(3))


Sec. 388.2  Who is eligible for an award?

    Each designated State agency is eligible to receive an award under 
the basic State award program described in Sec. 388.21. If a designated 
State agency does not apply for an award during an announced 
competition, no funds may be made available for inservice training of 
the staff of that designated State agency under this program until 
there is a new competition for funding. At least 15 percent of the sums 
appropriated to carry out section 302 of the Act must be allocated to 
designated State agencies to be used, directly or indirectly, for 
projects for in-service training of rehabilitation personnel.

(Authority: 29 U.S.C. 771a(g)(3))


Sec. 388.3  What types of projects are authorized?

    State vocational rehabilitation unit in-service training projects 
are concerned with the staff development and training of State 
vocational rehabilitation unit personnel in order to ensure an improved 
level of competence in serving State unit clients and to assist in 
expanding and improving vocational rehabilitation services for 
individuals with disabilities, especially those with severe 
disabilities, to ensure employment outcomes.

(Authority: 29 U.S.C. 770 and 771a)


Sec. 388.4  What activities may the Secretary fund?

    (a) Training activities supported under a State vocational 
rehabilitation unit in-service training grant focus primarily on 
program areas that are essential to the State unit's operation or on 
skill areas that will enable staff personnel to improve their ability 
to function on their job, or prepare for positions of greater 
responsibility within the unit, or to correct deficiencies identified 
in the State program. Projects may--
    (1) Address recruitment and retention of qualified rehabilitation 
professionals;
    (2) Provide for succession planning;
    (3) Provide for leadership development and capacity building; and
    (4) For fiscal year 1994, provide training on the amendments to the 
Rehabilitation Act of 1973 made by the Rehabilitation Act Amendments of 
1992.
    (b) Training methods may include--
    (1) The development of State unit training institutes related to 
the specific aspects of State unit administration or service provision;
    (2) Group employee training at courses conducted in cooperation 
with or by an educational institution;
    (3) Individualized directed study in priority areas of State unit 
service or practice;
    (4) Employee access to current agency instructional resources for 
books, films, videos, tapes, and other human resource development 
resources;
    (5) Distance learning through telecommunications; and
    (6) Dissemination and information sharing with other designated 
State agencies.

(Authority: 29 U.S.C. 770 and 771a)


Sec. 388.5  What regulations apply?

    The following regulations apply to the State Vocational 
Rehabilitation Unit In-Service Training program:
    (a) The regulations in this part 388.
    (b) The regulations in 34 CFR Part 385.

(Authority: 29 U.S.C. 770 and 771a)


Sec. 388.6  What definitions apply?

    The definitions in 34 CFR Part 385 apply to this program.

(Authority: 29 U.S.C. 711(c) and 771(a)(g)(3))

Subpart B--[Reserved]

Subpart C--How Does the Secretary Make an Award?


Sec. 388.20  What selection criteria does the Secretary use?

    The Secretary uses the following criteria to evaluate an 
application:
    (a) Evidence of need. (20 points)
    (1) The Secretary reviews each application for information that 
shows that the need for the in-service training has been adequately 
justified.
    (2) The Secretary looks for information that shows--
    (i) The need for the in-service training project has been 
adequately justified and relates to the mission of the State-Federal 
rehabilitation service program and can be expected to improve the 
competence of all State vocational rehabilitation personnel in 
providing vocational rehabilitation services to individuals with 
disabilities that will result in employment outcomes or otherwise 
contribute to more effective management of the State unit program;
    (ii) The State unit in-service training plan responds to needs 
identified in the training needs assessment and the proposed training 
relates to the unit's State plan, particularly the requirements in 
section 101(a)(7) of the Act for each designated State unit to develop 
a comprehensive system of personnel development; and
    (iii) The State has conducted an annual needs assessment of the in-
service training needs for all of the State unit employees.
    (b) Nature and scope of training program. (20 points)
    (1) The Secretary reviews each application for information that 
demonstrates the adequacy and scope of the proposed training program 
content.
    (2) The Secretary looks for information that shows--
    (i) The objectives to be achieved by the project will address the 
needs as determined by the assessment;
    (ii) The scope and nature of the training activities will 
accomplish the project objectives;
    (iii) The training conducted can be measured and evaluated as to 
how it accomplished the project objectives; and
    (iv) The program primarily includes an integrated sequence of--
    (A) Workshops, seminars, distance education, and other special 
courses for new counselors and other classes of State unit personnel 
concerned with State unit procedures and policies;
    (B) Concentrated training activities focusing on improving State 
unit staff skills in working with specific groups of individuals with 
disabilities; and
    (C) Directed individualized or group staff development activities 
designed to enable selected staff to acquire special skills.
    (c) Plan of operation. (25 points)
    (1) The Secretary reviews each application for information that 
shows the quality of the plan of operation for the project.
    (2) The Secretary looks for information that shows--
    (i) A clear description of how the project will achieve each 
objective;
    (ii) The way the applicant plans to use its resources and personnel 
to achieve each objective;
    (iii) An effective plan of management that ensures proper and 
efficient administration of the project;
    (iv) A clear description of how the applicant will provide equal 
access and treatment for State agency personnel who are members of 
groups that have been traditionally underrepresented, such as 
individuals with disabilities, the elderly, women, and members of 
racial or ethnic minority groups; and
    (v) For FY 1994, a clear description of how the applicant will 
provide training regarding the 1992 amendments to the Rehabilitation 
Act of 1973.
    (d) Quality of key personnel. (10 points)
    (1) The Secretary reviews each application for information that 
shows the quality of key personnel proposed for the project.
    (2) The Secretary looks for information that shows--
    (i) The qualifications of the project director;
    (ii) The qualifications of each of the other key personnel, 
including consultants, to be used in the project;
    (iii) The time that each person referred to in paragraphs (d)(2) 
(i) and (ii) of this section will commit to the project; and
    (iv) The applicant, as part of its nondiscriminatory employment 
practices, encourages applications for employment from persons who are 
members of groups that have been traditionally underrepresented, such 
as individuals with disabilities, the elderly, women, and members of 
minority groups.
    (e) Budget and cost effectiveness. (10 points)
    (1) The Secretary reviews each application for information that 
shows that the project has an adequate budget and is cost effective.
    (2) The Secretary looks for information that shows--
    (i) The budget for the project is adequate to support the project 
activities;
    (ii) Costs are reasonable in relation to the objectives of the 
project; and
    (iii) The budget clearly identifies activities to be conducted 
under Sec. 388.21(a), as well as activities conducted under 
Sec. 388.21(b), if applicable.
    (f) Evaluation. (15 points)
    (1) The Secretary reviews each application to determine the 
usefulness of the proposed project training in improving services to 
individuals with disabilities to ensure employment outcomes, 
including--
    (i) The extent to which training outcomes are objective; and
    (ii) The extent to which the training will result in improved 
individual competency recognized through licensure, certification, or 
award of academic degrees or certificates.
    (2) The Secretary looks for qualitative and quantitative measures 
that show training methods and materials are appropriate for the 
project and, to the extent possible, will be useful in determining how 
in-service training improves the impact and effectiveness of services 
to individuals with disabilities assisted under the Rehabilitation Act 
to ensure employment outcomes.

(Authority: 29 U.S.C. 711(c), 770, and 771a)


Sec. 388.21  How does the Secretary determine the amount of a basic 
State award?

    (a) The Secretary distributes no more than 80 percent of the funds 
available for these awards as follows:
    (1) For each competition the Secretary will determine a minimum 
score based upon the selection criteria in Sec. 388.20 that an 
applicant must receive in order for its application to be approved by 
the Secretary.
    (2) Each designated State agency that submits an approved 
application receives an amount based upon a formula that provides each 
approved project an amount equal to the percentage that the designated 
State agency's staff, as reported by total person years to the 
Secretary on Form RSA-2, represents of all staff of all designated 
State agencies, as reported to the Secretary on Form RSA-2 for the most 
recent reporting period. A copy of Form RSA-2 may be obtained from the 
Department of Education, 400 Maryland Avenue, SW., 3211 Switzer 
Building, Washington, DC 22204-2735.
    (3) No designated State agency with an approved project receives 
less than one-third of one percent of the sums made available for the 
fiscal year.
    (4) Guam, American Samoa, the Virgin Islands, the Commonwealth of 
the Northern Mariana Islands, and the Republic of Palau (until the 
Compact of Free Association with Palau takes effect) are each allotted 
not less than one-eighth of one percent of the amounts made available 
for each fiscal year for submission of an application that is approved 
for funding.
    (b) After determining a designated State agency's award under 
paragraph (a) of this section, the Secretary reserves the remaining 
funds to be allocated based on the quality of the application as 
determined by competitive reviews conducted by the Department using the 
criteria in Sec. 388.20 and the priorities in Sec. 388.22.
    (c) Prior to award, negotiations may be conducted with applicants 
to resolve any problems or weaknesses in the application identified by 
the review process.

(Authority: 29 U.S.C. 711(c), 770, and 771a)


Sec. 388.22  What priorities does the Secretary consider in making an 
award?

    (a) The Secretary reserves funds to support some or all of the 
proposals that have been awarded a rating of 80 points or more under 
the criteria described in Sec. 388.20.
    (b) In making a final selection of proposals to support under this 
program, the Secretary considers the extent to which proposals have 
exceeded a rating of 80 points and address one or more of the following 
priorities announced in the application notice:
    (1) Development and dissemination of model in-service training 
materials and practices. The proposed project demonstrates an effective 
plan to develop and disseminate information on its State Vocational 
Rehabilitation In-Service Training program, including the 
identification of training approaches and successful practices, in 
order to permit the replication of these programs by other State 
vocational rehabilitation units.
    (2) Distance education. The proposed project demonstrates 
innovative strategies for training State vocational rehabilitation unit 
personnel at their job sites through distance education methods, such 
as interactive audio, video, computer technologies, or existing 
telecommunications networks.
    (3) Enhanced employment outcomes for specific populations. The 
proposed project supports specialized training in the provision of 
vocational rehabilitation or related services to individuals with 
disabilities to increase the rehabilitation rate into competitive 
employment for all individuals or specified target groups.

(Authority: 29 U.S.C. 711(c), 770, and 771a)

Subpart D--What Conditions Must be Met After an Award?


Sec. 388.30  What are the matching requirements?

    (a) The Secretary may make grants for paying part of the costs of 
projects under this program. Except as provided for in paragraphs (b) 
and (c) of this section, the grantee shall provide at least 10 percent 
of the total costs of the project.
    (b) Grantees designated in Sec. 388.21(a)(3) to receive a minimum 
share of one third of one percent of the sums made available for the 
fiscal year shall provide at least four percent of the total costs of 
the project.
    (c) Grantees designated in Sec. 388.21(a)(4) to receive not less 
than one-eighth of one percent of the amounts made available for each 
fiscal year shall provide at least two percent of the total costs of 
the project unless exempted by other applicable Federal laws or 
regulations.

(Authority: 29 U.S.C. 711(c), 770, and 771a)


Sec. 388.31  What are the allowable costs?

    In addition to those allowable costs established in 34 CFR 75.530 
through 75.562 (Education Department General Administrative 
Regulations), the following items are allowable under State vocational 
rehabilitation unit in-service training projects:
    (a) Trainee per diem costs.
    (b) Trainee travel in connection with a training course.
    (c) Trainee tuition and fees.
    (d) Telecommunications and technology fees in connection with a 
distance learning training course.

(Authority: 29 U.S.C. 711(c), 770, and 771a)

[FR Doc. 94-11009 Filed 5-6-94; 8:45 am]
BILLING CODE 4000-01-P