Supported Employment/Systems Change Community Based

84.128 SUPPORTED EMPLOYMENT/SYSTEMS CHANGE COMMUNITY BASED 34 CFR PART 380

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR380.1]

[Page 407-408]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 380_SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING SUPPORTED

EMPLOYMENT SERVICES TO INDIVIDUALS WITH THE MOST SEVERE DISABILITIES

AND TECHNICAL ASSISTANCE PROJECTS--Table of Contents

Subpart A_General

Sec. 380.1 What is the program of special projects and demonstrations

for providing supported employment services to individuals with the most

severe disabilities and technical assistance projects?

Subpart A_General

Sec.

380.1 What is the program of special projects and demonstrations for

providing supported employment services to individuals with

the most severe disabilities and technical assistance

projects?

380.2 Who is eligible for an award?

380.3 What types of projects are authorized?

380.4 What activities may the Secretary fund under Statewide supported

employment demonstration projects?

380.5 What activities may the Secretary fund under community-based

supported employment projects?

380.6 What activities may the Secretary fund under technical assistance

supported employment projects?

380.7 What priorities may the Secretary establish?

380.8 What regulations apply?

380.9 What definitions apply?

Subpart B_How Does the Secretary Make an Award?

380.10 How does the Secretary evaluate an application?

380.14 What other factors does the Secretary consider in reviewing an

application?

380.15 What application requirement applies to this program?

Subpart C_What Post-Award Conditions Must Be Met by a Grantee?

380.20 What requirements must a grantee meet before it provides for the

transition of an individual in supported employment?

380.21 What information requirement applies to this program?

Authority: 29 U.S.C 711(c) and 777a(c), unless otherwise noted.

Source: 54 FR 12400, Mar. 22, 1989, unless otherwise noted.

[[Page 408]]

This program is designed to provide grants for special projects and

demonstrations to expand or otherwise improve the provision of supported

employment services to individuals with the most severe disabilities,

including projects that demonstrate the effectiveness of natural

supports or other alternative approaches for supporting and maintaining

individuals in supported employment, and grants for technical assistance

projects.

(Authority: 29 U.S.C. 777a(a)(1) and 777a(c))

[59 FR 8342, Feb. 18, 1994]

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR380.2]

[Page 408]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 380_SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING SUPPORTED

EMPLOYMENT SERVICES TO INDIVIDUALS WITH THE MOST SEVERE DISABILITIES

AND TECHNICAL ASSISTANCE PROJECTS--Table of Contents

Subpart A_General

Sec. 380.2 Who is eligible for an award?

(a) Applications for Statewide demonstration projects under Sec.

380.4 may be submitted by public and nonprofit community rehabilitation

programs, designated State units, and other public and private agencies

and organizations.

(b) Applications for community-based projects under Sec. 380.5 may

be submitted by public and nonprofit community rehabilitation programs,

designated State units, and other public and private agencies and

organizations.

(c) Applications for technical assistance projects under Sec. 380.6

may be submitted by public agencies and nonprofit private organizations

that have experience in training and provision of supported employment

services.

(Authority: 29 U.S.C. 777a(c))

[54 FR 12400, Mar. 22, 1989, as amended at 59 FR 8342, Feb. 18, 1994]

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR380.3]

Page 408]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 380_SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING SUPPORTED

EMPLOYMENT SERVICES TO INDIVIDUALS WITH THE MOST SEVERE DISABILITIES

AND TECHNICAL ASSISTANCE PROJECTS--Table of Contents

Subpart A_General

Sec. 380.3 What types of projects are authorized?

The following types of projects may be funded under this program:

(a) Statewide demonstration projects as described in Sec. 380.4.

The purpose of Statewide demonstration projects is to stimulate the

development and provision of supported employment services on a

statewide basis for individuals with the most severe disabilities.

(b) Community-based projects as described in Sec. 380.5. The

purposes of community-based projects are to stimulate the development of

innovative approaches for improving and expanding the provision of

supported employment services to individuals with the most severe

disabilities, and to enhance local capacity to provide supported

employment services.

(c) Technical assistance projects as described in Sec. 380.6. The

purpose of technical assistance projects is to provide technical

assistance to States in implementing the State Supported Employment

Services Program under 34 CFR part 363.

(Authority: 29 U.S.C. 777a(a)(1) and 777a(c))

[54 FR 12400, Mar. 22, 1989, as amended at 59 FR 8342, Feb. 18, 1994]

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR380.4]

[Page 408-409]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 380_SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING SUPPORTED

EMPLOYMENT SERVICES TO INDIVIDUALS WITH THE MOST SEVERE DISABILITIES

AND TECHNICAL ASSISTANCE PROJECTS--Table of Contents

Subpart A_General

Sec. 380.4 What activities may the Secretary fund under Statewide

supported employment demonstration projects?

(a) Authorized activities. The Following activities are authorized

under Statewide Supported Employment demonstration projects:

(1) Program development, including program start-up costs, for new

or existing community organizations and employers.

(2) Staff training.

(3) Program evaluation.

(4) Reorganization, expansion, or, if appropriate, conversion of

existing programs to provide supported employment services.

(b) Restrictions on the use of funds. (1) Statewide Supported

Employment demonstration project grants may not be used to provide

supported employment services to individuals with the most severe

disabilities.

(2) A grantee must provide, or ensure the provision of, those direct

services needed by individuals with the most severe disabilities in

order for them to obtain and maintain employment from funds other than

those made available under this part. These supported employment

services include but are not limited to--

(i) Job site training to prepare and enable individuals with the

most severe disabilities to perform work and maintain the job;

[[Page 409]]

(ii) Ongoing supervision of individuals with the most severe

disabilities on the job;

(iii) Ongoing behavior management; and

(iv) Case management, including assistance to coordinate services

from various sources.

(Authority: 29 U.S.C. 777a(a)(1) and 777a(c))

[54 FR 12400, Mar. 22, 1989, as amended at 59 FR 8342, Feb. 18, 1994]

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR380.5]

[Page 409]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 380_SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING SUPPORTED

EMPLOYMENT SERVICES TO INDIVIDUALS WITH THE MOST SEVERE DISABILITIES

AND TECHNICAL ASSISTANCE PROJECTS--Table of Contents

Subpart A_General

Sec. 380.5 What activities may the Secretary fund under community-based

supported employment projects?

(a) Authorized activities. The following activities are authorized

under community-based projects:

(1) Job search assistance.

(2) Job development, including work site modification and use of

advanced learning technology for skills training.

(3) On-the-job training.

(4) Job placement.

(5) Application of rehabilitation technology in providing supported

employment services.

(6) Provision of supported employment services for individuals

placed in employment.

(7) Development of cooperative agreements with service providers for

the provision of extended services.

(b) Restrictions on the use of funds. The Secretary does not provide

financial assistance under Community-Based Supported Employment projects

for the provision of extended supported employment services.

(Authority: 29 U.S.C. 777a(c))

[54 FR 12400, Mar. 22, 1989, as amended at 57 FR 28441, June 24, 1992;

59 FR 8342, Feb. 18, 1994]

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR380.6]

[Page 409]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 380_SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING SUPPORTED

EMPLOYMENT SERVICES TO INDIVIDUALS WITH THE MOST SEVERE DISABILITIES

AND TECHNICAL ASSISTANCE PROJECTS--Table of Contents

Subpart A_General

Sec. 380.6 What activities may the Secretary fund under technical

assistance supported employment projects?

The following activities are authorized under technical assistance

projects:

(a) Staff training.

(b) Development of and placement in jobs for individuals with the

most severe disabilities.

(c) Development of cooperative agreements with service providers for

extended services.

(d) Reorganization, expansion, or, if appropriate, conversion of

existing programs to provide supported employment services.

(Authority: 29 U.S.C. 777a(c)(2))

[54 FR 12400, Mar. 22, 1989, as amended at 59 FR 8342, Feb. 18, 1994]

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR380.7]

[Page 409]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 380_SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING SUPPORTED

EMPLOYMENT SERVICES TO INDIVIDUALS WITH THE MOST SEVERE DISABILITIES

AND TECHNICAL ASSISTANCE PROJECTS--Table of Contents

Subpart A_General

Sec. 380.7 What priorities may the Secretary establish?

In any fiscal year, the Secretary may establish priorities for one

or more of the types of projects described in Sec. 380.3 by publishing

a notice in the Federal Register.

(Authority: 29 U.S.C. 777a(c)(2))

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR380.8]

[Page 409-410]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 380_SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING SUPPORTED

EMPLOYMENT SERVICES TO INDIVIDUALS WITH THE MOST SEVERE DISABILITIES

AND TECHNICAL ASSISTANCE PROJECTS--Table of Contents

Subpart A_General

Sec. 380.8 What regulations apply?

The following regulations apply to the Program of Special Projects

and Demonstrations for Providing Supported Employment Services to

Individuals with the Most Severe Disabilities and Technical Assistance

Projects:

(a) The Education Department General Administrative Regulations

(EDGAR) as follows:

(1) 34 CFR part 74 (Administration of Grants to Institutions of

Higher Education, Hospitals, and Nonprofit Organizations).

(2) 34 CFR part 75 (Direct Grant Programs).

(3) 34 CFR part 77 (Definitions that Apply to Department

Regulations).

(4) 34 CFR part 79 (Intergovernmental Review of Department of

Education Programs and Activities).

(5) 34 CFR part 80 (Uniform Administrative Requirements for Grants

and Cooperative Agreements to State and Local Governments).

(6) 34 CFR part 81 (General Education Provisions Act--Enforcement).

(7) 34 CFR part 82 (New Restrictions on Lobbying).

(8) 34 CFR part 85 (Governmentwide Debarment and Suspension

(Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace

(Grants)).

(9) 34 CFR part 86 (Drug-Free Schools and Campuses).

(b) The regulations in this part 380.

[[Page 410]]

(c) The regulations in 34 CFR 369.46

(Authority: 29 U.S.C. 711(c) and 777a(c))

[54 FR 12400, Mar. 22, 1989, as amended at 55 FR 21714, May 25, 1990; 59

FR 8342, Feb. 18, 1994]

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR380.9]

[Page 410-411]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 380_SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING SUPPORTED

EMPLOYMENT SERVICES TO INDIVIDUALS WITH THE MOST SEVERE DISABILITIES

AND TECHNICAL ASSISTANCE PROJECTS--Table of Contents

Subpart A_General

Sec. 380.9 What definitions apply?

(a) The following term used in this part is defined in 34 CFR part

363: Supported employment.

(b) The following terms used in this part are defined in 34 CFR part

369:

Designated State unit

Community rehabilitation program

Individual with a severe disability

(c) Other definitions. The following definitions also apply to this

part:

(1) As used in the definition of ``supported employment''--

(i) Competitive employment means work--

(A) In the competitive labor market that is performed on a full-time

or part-time basis in an integrated setting; and

(B) For which an individual is compensated at or above the minimum

wage, but not less than the customary or usual wage paid by the employer

for the same or similar work performed by individuals who are not

disabled.

(ii) Integrated setting means a setting typically found in the

community in which an individual with the most severe disabilities

interacts with non-disabled individuals, other than non-disabled

individuals who are providing services to that individual, to the same

extent that non-disabled individuals in comparable positions interact

with other persons.

(iii) Supported employment services means on-going support services

provided by the grantee with funds under this part--

(A) For a period not to exceed 18 months, unless under special

circumstances a longer period to achieve job stabilization has been

jointly agreed to by the individual and the rehabilitation counselor and

established in the individual's program of services, before an

individual with the most severe disabilities makes the transition to

extended services; and

(B) As discrete post-employment services following transition in

accordance with 34 CFR 363.4(c)(3);

(iv) Extended services means on-going support services and other

appropriate services provided by a State agency, a private nonprofit

organization, employer, or any other appropriate resource, from funds

other than funds received under this part, part 361, part 363, or part

376 after an individual with the most severe disabilities has made the

transition from project support; and

(v) Transitional employment means a series of temporary job

placements in competitive work in an integrated work setting with on-

going support services for individuals with the most severe disabilities

due to mental illness. In transitional employment, the provision of on-

going support services must include continuing sequential job placements

until job permanency is achieved.

(2) On-going support services means services that are--

(i) Needed to support and maintain an individual with the most

severe disabilities in supported employment;

(ii) Based on a determination by the grantee of the individual's

needs as specified in a program of services; and

(iii) Furnished by the grantee from the time of job placement until

transition to extended services, except as provided in 34 CFR

363.4(c)(3) and, following transition, by one or more extended services

providers throughout the individual's term of employment in a particular

job placement or multiple placements if those placements are being

provided under a program of transitional employment. On-going support

services must include, at a minimum, twice-monthly monitoring at the

work site of each individual in supported employment to assess

employment stability, unless under special circumstances, especially at

the request of the individual, the individual's program of services

provides for off-site monitoring, and, based upon that assessment, the

coordination or provision of specific services, at or away from the work

site, that are needed to maintain employment stability. If off-site

monitoring is determined to be appropriate, it must, at a minimum,

consist of two meetings with the individual and one contact

[[Page 411]]

with the employer each month. On-going support services consist of--

(A) Any particularized assessment needed to supplement the

comprehensive assessment of rehabilitation needs;

(B) The provision of skilled job trainers who accompany the

individual for intensive job skill training at the work site;

(C) Job development and placement;

(D) Social skills training;

(E) Regular observation or supervision of the individual;

(F) Follow-up services such as regular contact with the employers,

the individuals, the parents, family members, guardians, advocates or

authorized representative of the individuals, and other suitable

professional and informed advisors, in order to reinforce and stabilize

the job placement;

(G) Facilitation of natural supports at the worksite;

(H) Any other service identified in the scope of rehabilitation

services described in 34 CFR part 361; and

(I) Any service similar to the foregoing services.

(Authority: 29 U.S.C. 777a(c))

[54 FR 12400, Mar. 22, 1989, as amended at 57 FR 28441, June 24, 1992;

59 FR 8342, Feb. 18, 1994; 62 FR 6363, Feb. 11, 1997]

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR380.10]

[Page 411]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 380_SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING SUPPORTED

EMPLOYMENT SERVICES TO INDIVIDUALS WITH THE MOST SEVERE DISABILITIES

AND TECHNICAL ASSISTANCE PROJECTS--Table of Contents

Subpart B_How Does the Secretary Make an Award?

Sec. 380.10 How does the Secretary evaluate an application?

The Secretary evaluates an application under the procedures in 34

CFR part 75.

(Authority: 29 U.S.C. 777a(c))

[62 FR 10404, Mar. 6, 1997]

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR380.14]

[Page 411]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 380_SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING SUPPORTED

EMPLOYMENT SERVICES TO INDIVIDUALS WITH THE MOST SEVERE DISABILITIES

AND TECHNICAL ASSISTANCE PROJECTS--Table of Contents

Subpart B_How Does the Secretary Make an Award?

Sec. 380.14 What other factors does the Secretary consider in reviewing

an application?

In addition to the selection criteria used in accordance with the

procedures in 34 CFR part 75, the Secretary, in making awards under this

part, considers the geographical distribution of projects in each

program category throughout the country.

(Authority: 29 U.S.C. 777a(a)(1) and 777a(c))

[62 FR 10404, Mar. 6, 1997]

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR380.15]

[Page 411]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 380_SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING SUPPORTED

EMPLOYMENT SERVICES TO INDIVIDUALS WITH THE MOST SEVERE DISABILITIES

AND TECHNICAL ASSISTANCE PROJECTS--Table of Contents

Subpart B_How Does the Secretary Make an Award?

Sec. 380.15 What application requirement applies to this program?

Each applicant for a grant under this program must include in its

application a description of the manner in which it will address the

needs of individuals with the most severe disabilities from minority

backgrounds.

(Approved by the Office of Management and Budget under control number

1820-0018)

(Authority: 29 U.S.C. 718b)

[59 FR 8343, Feb. 18, 1994]

Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR380.20]

[Page 411]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 380_SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING SUPPORTED

EMPLOYMENT SERVICES TO INDIVIDUALS WITH THE MOST SEVERE DISABILITIES

AND TECHNICAL ASSISTANCE PROJECTS--Table of Contents

Subpart C_What Post-Award Conditions Must Be Met by a Grantee?

Sec. 380.20 What requirements must a grantee meet before it provides

for the transition of an individual in supported employment?

A grantee must provide for the transition of an individual with the

most severe disabilities to extended services no later than 18 months

after placement in supported employment, unless a longer period is

established in the individual's program of services, and only if the

individual has made substantial progress toward meeting his or her

hours-per-week work goal, is stabilized in the job, and extended

services are available and can be provided without a hiatus in services.

(Authority: 29 U.S.C. 777a(c))

[57 FR 28442, June 24, 1992, as amended at 59 FR 8342, Feb. 18, 1994]

[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR380.21]

[Page 411]

TITLE 34--EDUCATION

CHAPTER III--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,

DEPARTMENT OF EDUCATION

PART 380_SPECIAL PROJECTS AND DEMONSTRATIONS FOR PROVIDING SUPPORTED

EMPLOYMENT SERVICES TO INDIVIDUALS WITH THE MOST SEVERE DISABILITIES

AND TECHNICAL ASSISTANCE PROJECTS--Table of Contents

Subpart C_What Post-Award Conditions Must Be Met by a Grantee?

Sec. 380.21 What information requirement applies to this program?

Each grantee must advise recipients of services under its project

or, as appropriate, the parents, family members, guardians, advocates,

or authorized representatives of those individuals, of the availability

and purposes of the State's Client Assistance Program, including

information on seeking assistance from that program.

(Authority: 29 U.S.C. 718a)

[59 FR 8343, Feb. 18, 1994]

[[Page 412]]