79C3C34C52B45572883A05D425EB0F82
34 CFR 350
https://www.govinfo.gov/content/pkg/CFR-2002-title34-vol2/pdf/CFR-2002-title34-vol2-part350.pdf
http://leaux.net/URLS/ConvertAPI Text Files/03D91BCFA4033843371923E5A145C8B2.en.txt
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Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Health / Cognitive Impairment
Searching for indicator impairment:
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p.000242: (1) The evaluation of the needs of an individual with a disability, including a functional evaluation
p.000242: of the indi- vidual in the individual’s customary environment;
p.000242: (2) Purchasing, leasing, or otherwise providing for the acquisition of assist- ive technology devices by
p.000242: individuals with disabilities;
p.000242: (3) Selecting, designing, fitting, cus- tomizing, adapting, applying, main- taining, repairing, or
p.000242: replacing assist- ive technology devices;
p.000242: (4) Coordinating and using other therapies, interventions, or services with assistive
p.000242: technology devices, such as those associated with existing edu- cation and rehabilitation plans and
p.000242: programs;
p.000242: (5) Training or technical assistance for individuals with disabilities, or, if appropriate, their
p.000242: family members, guardians, advocates, or authorized representatives; and
p.000242: (6) Training or technical assistance for professionals (including individuals providing education and
p.000242: rehabilitation services), employers, or other individ- uals who provide services to employ, or are
p.000242: otherwise substantially involved in the major life functions of, individuals with disabilities.
p.000242: (Authority: Sec. 7(24); 29 U.S.C. 706(24))
p.000242: Disability means a physical or mental impairment that substantially limits one or more major life
p.000242: activities.
p.000242: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000242: Individual ith a disability means any individual who:
p.000242:
p.000242: (1) Has a physical or mental impair- ment that substantially limits one or more of the individual’s
p.000242: major life ac- tivities;
p.000242: (2) Has a record of this impairment; or
p.000242: (3) Is regarded as having this impair- ment.
p.000242: (Authority: Sec. 7(8)(B); 29 U.S.C. 706(8)(B))
p.000242: Individual ith a severe disability
p.000242: means—
p.000242: (1)(i) An individual with a disability who has a severe physical or mental impairment that
p.000242: seriously limits one or more functional capacities (such as mobility, communication, self-care,
p.000242: self-direction, interpersonal skills, work tolerance, or work skills) in terms of an
p.000242: employment outcome;
p.000242: (ii) Whose vocational rehabilitation can be expected to require multiple vo- cational rehabilitation
p.000242: services over an extended period of time; and
p.000242: (iii) Who has one or more physical or mental disabilities resulting from am- putation, arthritis,
p.000242: autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury,
p.000242: heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental
p.000242: illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neuro- logical
p.000242: disorders (including stroke and epilepsy), paraplegia, quadriplegia, other spinal cord
p.000242: impairments, sickle cell anemia, specific learning dis- ability, end-stage renal disease, or an-
p.000242: other disability or combination of dis- abilities determined on the basis of an assessment of
p.000242: rehabilitation needs to cause comparable substantial func- tional limitation; or
p.000242: (2) An individual with a severe men- tal or physical impairment whose abil- ity to function
p.000242: independently in the family or community or whose ability to obtain, maintain, or advance in em-
p.000242: ployment is substantially limited and for whom the delivery of independent living services will
p.000242: improve the ability to function, continue functioning, or move towards functioning independ- ently
p.000242: in the family or community or to continue in employment, respectively.
p.000242: (Authority: Sec. 7(15)(C); 29 U.S.C. 706(15)(C))
p.000243: 243
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p.000243:
p.000243: § 350.10
p.000243: Personal assistance services means a range of services, provided by one or more persons, designed
p.000243: to assist an in- dividual with a disability to perform daily living activities, on and off
p.000243: the job, that the individual would typically perform if the individual did not have a disability. These
p.000243: services must be de- signed to increase the individual’s con- trol in life and ability to perform ev-
p.000243: eryday activities on and off the job.
p.000243: (Authority: Sec. 12(c); 29 U.S.C. 711(c))
p.000243: Rehabilitation technology means the systematic application of technologies, engineering methodologies,
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Health / Drug Usage
Searching for indicator drug:
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p.000241: (c) Public or private organizations, including for-profit organizations.
p.000241: (d) Institutions of higher education.
p.000241: (e) Indian tribes and tribal organiza- tions.
p.000241: (Authority: Sec. 204(a); 29 U.S.C. 762(a))
p.000241: § 350.4 What regulations apply?
p.000241: The following regulations apply to the Disability and Rehabilitation Re- search Projects and Centers
p.000241: Program:
p.000241: (a) The Education Department Gen- eral Administrative Regulations (EDGAR) as follows:
p.000241: (1) 34 CFR part 74 (Administration of Grants and Agreements with Institu- tions of Higher
p.000241: Education, Hospitals, and Other Non-profit Organizations).
p.000241: (2) 34 CFR part 75 (Direct Grant Pro- grams).
p.000241: (3) 34 CFR part 77 (Definitions that Apply to Department Regulations).
p.000241: (4) 34 CFR part 80 (Uniform Adminis- trative Requirements for Grants and
p.000241:
p.000241: 34 CFR Ch. III (7–1–02 Edition)
p.000241: Cooperative Agreements to State and Local Governments).
p.000241: (5) 34 CFR part 81 (General Education Provisions Act—Enforcement).
p.000241: (6) 34 CFR part 82 (New Restrictions on Lobbying).
p.000241: (7) 34 CFR part 85 (Governmentwide Debarment and Suspension (Non- procurement) and
p.000241: Governmentwide Re- quirements for Drug-Free Workplace (Grants)).
p.000241: (8) 34 CFR part 86 (Drug-Free Schools and Campuses).
p.000241: (b) The regulations in this part 350. (c)(1) Subject to the additional re-
p.000241: quirement in paragraph (c)(2) of this section, 34 CFR part 97 (Protection of Human Subjects).
p.000241: (2) If an institutional review board (IRB) reviews research that purpose- fully requires
p.000241: inclusion of children with disabilities or individuals with mental disabilities as research
p.000241: sub- jects, the IRB must have at least one member who is primarily concerned with the welfare
p.000241: of these research sub- jects.
p.000241: (Authority: 29 U.S.C. 761a, 762, 42 U.S.C. 300v– 1(b))
p.000241:
p.000241: § 350.5 What definitions apply?
p.000241: (a) The following definitions in 34 CFR part 77 apply to this part—
p.000241: Applicant Application Award Budget Department EDGAR
p.000241: Equipment Facilities Grant Grantee Nonprofit Private Project Project period Public Recipient Secretary Supplies State
p.000241: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000241: (b) The following definitions also apply to this part.
p.000242: 242
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p.000242: Off. of Spec. Educ. and Rehab. Services, Education § 350.5
p.000242:
p.000242:
p.000242: Act means the Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), as amended.
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Health / Mentally Disabled
Searching for indicator disabled:
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p.000249: informs appli- cants of—
p.000249: (i)(A) The selection criteria chosen; and
p.000249: (B) The maximum possible score for each of the selection criteria; and
p.000249: (ii)(A) The factors selected for con- sidering the selection criteria; and
p.000249: (B) If points are assigned to each fac- tor, the maximum possible score for each factor under each
p.000249: criterion.
p.000249: (2) If no points are assigned to each factor, the Secretary evaluates each factor equally.
p.000249: (e) For Field-Initiated Projects, in addition to the selection criteria, the Secretary uses the
p.000249: additional consider- ations in selecting applications for funding as described in § 350.55.
p.000249: (Authority: Sec. 202(e); 29 U.S.C. 761a(e))
p.000249:
p.000249: § 350.54 What selection criteria does the Secretary use in evaluating an application?
p.000249: In addition to criteria established under § 350.53(a)(1)(ii), the Secretary may select one
p.000249: or more of the following criteria in evaluating an application:
p.000249: (a) Importance of the problem. (1) The Secretary considers the importance of the problem.
p.000249: (2) In determining the importance of the problem, the Secretary considers one or more of the
p.000249: following factors:
p.000249: (i) The extent to which the applicant clearly describes the need and target population.
p.000249: (ii) The extent to which the proposed activities further the purposes of the Act.
p.000249: (iii) The extent to which the proposed activities address a significant need of one or more disabled
p.000249: populations.
p.000249: (iv) The extent to which the proposed activities address a significant need of rehabilitation service
p.000249: providers.
p.000249:
p.000249: 34 CFR Ch. III (7–1–02 Edition)
p.000249: (v) The extent to which the proposed activities address a significant need of those who provide services
p.000249: to individ- uals with disabilities.
p.000249: (vi) The extent to which the appli- cant proposes to provide training in a rehabilitation
p.000249: discipline or area of study in which there is a shortage of qualified researchers, or
p.000249: to a trainee population in which there is a need for more qualified researchers.
p.000249: (vii) The extent to which the pro- posed project will have beneficial im- pact on the target
p.000249: population.
p.000249: (b) Responsiveness to an absolute or competitive priority. (1) The Secretary considers the
p.000249: responsiveness of the ap- plication to an absolute or competitive priority published in the FEDERAL REG-
p.000249: ISTER.
p.000249: (2) In determining the application’s responsiveness to the absolute or com- petitive priority, the
p.000249: Secretary con- siders one or more of the following fac- tors:
p.000249: (i) The extent to which the applicant addresses all requirements of the abso- lute or competitive
p.000249: priority.
p.000249: (ii) The extent to which the appli- cant’s proposed activities are likely to achieve the purposes
p.000249: of the absolute or competitive priority.
p.000249: (c) Design of research activities. (1) The Secretary considers the extent to which the design of
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Searching for indicator disability:
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p.000240: (c)(1) When the Governor of a State determines that there is good cause to
p.000240:
p.000240: 34 CFR Ch. III (7–1–02 Edition)
p.000240: enter into a contract with a second en- tity to provide the protection and ad- vocacy services, the
p.000240: Governor shall hold an open competition within the State and issue a request for proposals by
p.000240: entities desiring to provide the serv- ices.
p.000240: (2) The Governor shall not issue a re- quest for proposals by entities desiring to provide protection
p.000240: and advocacy services until the first entity has been given notice and an opportunity to re- spond.
p.000240: If the first entity appeals the determination to the Secretary, the Governor shall issue such
p.000240: request only if the Secretary decides not to over- turn the determination of the Gov-
p.000240: ernor. The Governor shall issue such request within 30 days after the end of the period during
p.000240: which the first entity has the opportunity to respond, or after the decision of the Secretary,
p.000240: as appropriate.
p.000240: (3) The competition shall be open to entities with the same expertise and ability to provide
p.000240: legal services as a system in § 345.30(b)(12). The competi- tion shall ensure public involvement,
p.000240: including a public hearing and ade- quate opportunity for public comment.
p.000240: (Authority: 29 U.S.C. 2215(d); section 105(d) of the Act)
p.000240:
p.000240: PART 350—DISABILITY AND REHA- BILITATION RESEARCH PROJECTS AND CENTERS PROGRAM
p.000240: Subpart A—General
p.000240: Sec.
p.000240: 350.1 What is the Disability and Rehabilita- tion Research Projects and Centers Pro- gram?
p.000240: 350.2 What is the purpose of the Disability and Rehabilitation Research Project and Centers Program?
p.000240: 350.3 Who is eligible for an award?
p.000240: 350.4 What regulations apply?
p.000240: 350.5 What definitions apply?
p.000240: Subpart B—What Projects Does the Secretary Assist?
p.000240: 350.10 What are the general requirements for Disability and Rehabilitation Re- search Projects?
p.000240: 350.11 What are the general requirements for a Field-Initiated Project?
p.000240: 350.12 What are the general requirements for an Advanced Rehabilitation Research Training Project?
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p.000240: Off. of Spec. Educ. and Rehab. Services, Education § 350.1
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p.000240: 350.13 What must a grantee do in carrying out a research activity?
p.000240: 350.14 What must a grantee do in carrying out a training activity?
p.000240: 350.15 What must a grantee do in carrying out a demonstration activity?
p.000240: 350.16 What must a grantee do in carrying out a development activity?
p.000240: 350.17 What must a grantee do in carrying out a utilization activity?
p.000240: 350.18 What must a grantee do in carrying out a dissemination activity?
p.000240: 350.19 What must a grantee do in carrying out a technical assistance activity?
p.000240:
p.000240: Subpart C—What Rehabilitation Research and Training Centers Does the Sec- retary Assist?
p.000240: 350.20 What general requirements must a Rehabilitation Research and Training Center meet?
p.000240: 350.21 What collaboration must a Rehabili- tation Research and Training Center en- gage in?
p.000240: 350.22 What activities must a Rehabilita- tion Research and Training Center con- duct?
p.000240: 350.23 What restriction exists on Rehabilita- tion Research and Training Centers re- garding indirect
p.000240: costs?
p.000240:
p.000240: Subpart D—What Rehabilitation Engineer- ing Research Centers Does the Sec- retary Assist?
p.000240: 350.30 What requirements must a Rehabili- tation Engineering Research Center meet?
p.000240: 350.31 What collaboration must a Rehabili- tation Engineering Research Center en- gage in?
p.000240: 350.32 What activities must a Rehabilita- tion Engineering Research Center con- duct?
p.000240: 350.33 What cooperation requirements must a Rehabilitation Engineering Research Center meet?
p.000240: 350.34 Which Rehabilitation Engineering Research Centers must have an advisory committee?
p.000240: 350.35 What are the requirements for the composition of an advisory committee?
p.000240:
p.000240: Subpart E—How Does One Apply for an Award?
p.000240: 350.40 What is required of each applicant re- garding the needs of individuals with dis- abilities from
p.000240: minority backgrounds?
p.000240: 350.41 What State agency review must an applicant under the Disability and Reha- bilitation
p.000240: Research Projects and Centers Program obtain?
p.000240: Subpart F—How Does the Secretary Make an Award?
p.000240: 350.50 What is the peer review process for this Program?
p.000240: 350.51 What is the purpose of peer review?
p.000240: 350.52 What is the composition of a peer re- view panel?
p.000240: 350.53 How does the Secretary evaluate an application?
p.000240: 350.54 What selection criteria does the Sec- retary use in evaluating an application?
p.000240: 350.55 What are the additional consider- ations for selecting Field-Initiated Project
p.000240: applications for funding?
p.000240:
p.000240: Subpart G—What Conditions Must Be Met After an Award?
p.000240: 350.60 How must a grantee conduct activi- ties?
p.000240: 350.61 What evaluation requirements must a grantee meet?
p.000240: 350.62 What are the matching requirements?
p.000240: 350.63 What are the requirements of a grant- ee relative to the Client Assistance Pro- gram?
p.000240: 350.64 What is the required duration of the training in an Advanced Rehabilitation Research Training
p.000240: Project?
p.000240: 350.65 What level of participation is re- quired of trainees in an Advanced Reha- bilitation
p.000240: Research Training Project?
p.000240: 350.66 What must a grantee include in a pat- ent application?
p.000240: AUTHORITY: Sec. 204; 29 U.S.C. 761–762, un-
p.000240: less otherwise noted.
p.000240: SOURCE: 62 FR 5713, Feb. 6, 1997, unless oth-
p.000240: erwise noted.
p.000240:
p.000240: Subpart A—General
p.000240: § 350.1 What is the Disability and Re- habilitation Research Projects and Centers Program?
p.000240: The Disability and Rehabilitation Research Projects and Centers Pro- gram provides grants to
p.000240: establish and support—
p.000240: (a) The following Disability and Re- habilitation Research and Related Projects:
p.000240: (1) Disability and Rehabilitation Re- search Projects.
p.000240: (2) Field-Initiated Projects.
p.000240: (3) Advanced Rehabilitation Research Training Projects; and
p.000240: (b) The following Disability and Re- habilitation Research Centers:
p.000240: (1) Rehabilitation Research and Training Centers.
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p.000241: § 350.2
p.000241: (2) Rehabilitation Engineering Re- search Centers.
p.000241: (Authority: Sec. 204; 29 U.S.C. 762)
p.000241:
p.000241: § 350.2 What is the purpose of the Dis- ability and Rehabilitation Research Project and Centers Program?
p.000241: The purpose of the Disability and Re- habilitation Research Project and Cen- ters Program is to plan and
p.000241: conduct re- search, demonstration projects, train- ing, and related activities, including international
p.000241: activities, to—
p.000241: (a) Develop methods, procedures, and rehabilitation technology, that maxi- mize the full inclusion and
p.000241: integration into society, employment, independent living, family support, and economic and social
p.000241: self-sufficiency of individ- uals with disabilities, especially indi- viduals with the most severe
p.000241: disabil- ities; and
p.000241: (b) Improve the effectiveness of serv- ices authorized under the Act.
p.000241: (Authority: Secs. 204(a) and (b)(6); 29 U.S.C. 762(a) and (b)(6))
p.000241: § 350.3 Who is eligible for an award?
p.000241: The following entities are eligible for an award under this program:
p.000241: (a) States.
p.000241: (b) Public or private agencies, includ- ing for-profit agencies.
p.000241: (c) Public or private organizations, including for-profit organizations.
p.000241: (d) Institutions of higher education.
p.000241: (e) Indian tribes and tribal organiza- tions.
p.000241: (Authority: Sec. 204(a); 29 U.S.C. 762(a))
p.000241: § 350.4 What regulations apply?
p.000241: The following regulations apply to the Disability and Rehabilitation Re- search Projects and Centers
p.000241: Program:
p.000241: (a) The Education Department Gen- eral Administrative Regulations (EDGAR) as follows:
p.000241: (1) 34 CFR part 74 (Administration of Grants and Agreements with Institu- tions of Higher
p.000241: Education, Hospitals, and Other Non-profit Organizations).
p.000241: (2) 34 CFR part 75 (Direct Grant Pro- grams).
p.000241: (3) 34 CFR part 77 (Definitions that Apply to Department Regulations).
p.000241: (4) 34 CFR part 80 (Uniform Adminis- trative Requirements for Grants and
p.000241:
p.000241: 34 CFR Ch. III (7–1–02 Edition)
p.000241: Cooperative Agreements to State and Local Governments).
p.000241: (5) 34 CFR part 81 (General Education Provisions Act—Enforcement).
p.000241: (6) 34 CFR part 82 (New Restrictions on Lobbying).
p.000241: (7) 34 CFR part 85 (Governmentwide Debarment and Suspension (Non- procurement) and
p.000241: Governmentwide Re- quirements for Drug-Free Workplace (Grants)).
p.000241: (8) 34 CFR part 86 (Drug-Free Schools and Campuses).
p.000241: (b) The regulations in this part 350. (c)(1) Subject to the additional re-
p.000241: quirement in paragraph (c)(2) of this section, 34 CFR part 97 (Protection of Human Subjects).
p.000241: (2) If an institutional review board (IRB) reviews research that purpose- fully requires
...
p.000241: of these research sub- jects.
p.000241: (Authority: 29 U.S.C. 761a, 762, 42 U.S.C. 300v– 1(b))
p.000241:
p.000241: § 350.5 What definitions apply?
p.000241: (a) The following definitions in 34 CFR part 77 apply to this part—
p.000241: Applicant Application Award Budget Department EDGAR
p.000241: Equipment Facilities Grant Grantee Nonprofit Private Project Project period Public Recipient Secretary Supplies State
p.000241: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000241: (b) The following definitions also apply to this part.
p.000242: 242
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p.000242:
p.000242: Off. of Spec. Educ. and Rehab. Services, Education § 350.5
p.000242:
p.000242:
p.000242: Act means the Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), as amended.
p.000242: (Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1))
p.000242: Assistive technology device means any item, piece of equipment, or product system, whether
p.000242: acquired commer- cially or off the shelf, modified, or cus- tomized, that is used to increase, main-
p.000242: tain, or improve functional capabilities of individuals with disabilities.
p.000242: (Authority: Sec. 7(23); 29 U.S.C. 706(23))
p.000242: Assistive technology service means any service that directly assists an indi- vidual with a
p.000242: disability in the selec- tion, acquisition, or use of an assistive technology device, including—
p.000242: (1) The evaluation of the needs of an individual with a disability, including a functional evaluation
p.000242: of the indi- vidual in the individual’s customary environment;
p.000242: (2) Purchasing, leasing, or otherwise providing for the acquisition of assist- ive technology devices by
p.000242: individuals with disabilities;
p.000242: (3) Selecting, designing, fitting, cus- tomizing, adapting, applying, main- taining, repairing, or
p.000242: replacing assist- ive technology devices;
p.000242: (4) Coordinating and using other therapies, interventions, or services with assistive
p.000242: technology devices, such as those associated with existing edu- cation and rehabilitation plans and
p.000242: programs;
p.000242: (5) Training or technical assistance for individuals with disabilities, or, if appropriate, their
p.000242: family members, guardians, advocates, or authorized representatives; and
p.000242: (6) Training or technical assistance for professionals (including individuals providing education and
p.000242: rehabilitation services), employers, or other individ- uals who provide services to employ, or are
p.000242: otherwise substantially involved in the major life functions of, individuals with disabilities.
p.000242: (Authority: Sec. 7(24); 29 U.S.C. 706(24))
p.000242: Disability means a physical or mental impairment that substantially limits one or more major life
p.000242: activities.
p.000242: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000242: Individual ith a disability means any individual who:
p.000242:
p.000242: (1) Has a physical or mental impair- ment that substantially limits one or more of the individual’s
p.000242: major life ac- tivities;
p.000242: (2) Has a record of this impairment; or
p.000242: (3) Is regarded as having this impair- ment.
p.000242: (Authority: Sec. 7(8)(B); 29 U.S.C. 706(8)(B))
p.000242: Individual ith a severe disability
p.000242: means—
p.000242: (1)(i) An individual with a disability who has a severe physical or mental impairment that
p.000242: seriously limits one or more functional capacities (such as mobility, communication, self-care,
p.000242: self-direction, interpersonal skills, work tolerance, or work skills) in terms of an
p.000242: employment outcome;
p.000242: (ii) Whose vocational rehabilitation can be expected to require multiple vo- cational rehabilitation
p.000242: services over an extended period of time; and
p.000242: (iii) Who has one or more physical or mental disabilities resulting from am- putation, arthritis,
p.000242: autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury,
p.000242: heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental
p.000242: illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neuro- logical
p.000242: disorders (including stroke and epilepsy), paraplegia, quadriplegia, other spinal cord
p.000242: impairments, sickle cell anemia, specific learning dis- ability, end-stage renal disease, or an-
p.000242: other disability or combination of dis- abilities determined on the basis of an assessment of
p.000242: rehabilitation needs to cause comparable substantial func- tional limitation; or
p.000242: (2) An individual with a severe men- tal or physical impairment whose abil- ity to function
p.000242: independently in the family or community or whose ability to obtain, maintain, or advance in em-
p.000242: ployment is substantially limited and for whom the delivery of independent living services will
p.000242: improve the ability to function, continue functioning, or move towards functioning independ- ently
p.000242: in the family or community or to continue in employment, respectively.
p.000242: (Authority: Sec. 7(15)(C); 29 U.S.C. 706(15)(C))
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p.000243:
p.000243:
p.000243: § 350.10
p.000243: Personal assistance services means a range of services, provided by one or more persons, designed
p.000243: to assist an in- dividual with a disability to perform daily living activities, on and off
p.000243: the job, that the individual would typically perform if the individual did not have a disability. These
p.000243: services must be de- signed to increase the individual’s con- trol in life and ability to perform ev-
p.000243: eryday activities on and off the job.
p.000243: (Authority: Sec. 12(c); 29 U.S.C. 711(c))
p.000243: Rehabilitation technology means the systematic application of technologies, engineering methodologies,
p.000243: or sci- entific principles to meet the needs of and address the barriers confronted by individuals
p.000243: with disabilities in such areas as education, rehabilitation, em- ployment, transportation, independent
p.000243: living, and recreation, and includes re- habilitation engineering, assistive technology devices,
p.000243: and assistive tech- nology services.
p.000243: (Authority: Sec. 7(13); 29 U.S.C. 706(13))
p.000243: Research is classified on a continuum from basic to applied:
p.000243: (1) Basic research is research in which the investigator is concerned primarily with gaining new knowledge
p.000243: or under- standing of a subject without reference to any immediate application or util- ity.
p.000243: (2) Applied research is research in which the investigator is primarily in- terested in
p.000243: developing new knowledge, information or understanding which can be applied to a predetermined reha-
p.000243: bilitation problem or need. Applied re- search builds on selected findings from basic research.
p.000243: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000243: State rehabilitation agency means the sole State agency designated to admin- ister (or supervise local
p.000243: administration of) the State plan for vocational reha- bilitation services. The term includes the State
p.000243: agency for the blind, if des- ignated as the State agency with re- spect to that part of the
p.000243: plan relating to the vocational rehabilitation of blind individuals.
p.000243: (Authority: Sec. 101(a)(1)(A); 29 U.S.C. 721(a)(1)(A))
p.000243: Target population means the group of individuals, organizations, or other en-
p.000243:
p.000243: 34 CFR Ch. III (7–1–02 Edition)
p.000243: tities expected to be affected by the project. More than one group may be involved since
p.000243: a project may affect those who receive services, provide services, or administer services.
p.000243: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000243:
p.000243: Subpart B—What Projects Does the Secretary Assist?
p.000243: § 350.10 What are the general require- ments for Disability and Rehabilita- tion Research Projects?
p.000243: Disability and Rehabilitation Re- search Projects must meet the fol- lowing requirements:
p.000243: (a) Carry out one or more of the fol- lowing types of activities, as specified in §§ 350.13–350.19:
p.000243: (1) Research.
p.000243: (2) Development.
p.000243: (3) Demonstration.
p.000243: (4) Training.
p.000243: (5) Dissemination.
p.000243: (6) Utilization.
p.000243: (7) Technical assistance.
p.000243: (b) Further one or more of the pur- poses listed in § 350.2.
p.000243: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000243:
p.000243: § 350.11 What are the general require- ments for a Field-Initiated Project?
p.000243: A Field-Initiated Project must—
p.000243: (a) Further one or more of the pur- poses in § 350.2; and
p.000243: (b) Carry out one of the following types of activities:
p.000243: (1) Research.
p.000243: (2) Development.
p.000243: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000243:
p.000243: § 350.12 What are the general require- ments for an Advanced Rehabilita- tion Research Training Project?
p.000243: An Advanced Rehabilitation Re- search Training Project must—
p.000243: (a) Provide research training and ex- perience at an advanced level to indi- viduals with doctorates or
p.000243: similar ad- vanced degrees who have clinical or other relevant experience;
p.000243: (b) Further one or more of the pur- poses in § 350.2; and
p.000243: (c) Carry out all of the following ac- tivities:
p.000243: (1) Recruitment and selection of can- didates for advanced research training.
p.000244: 244
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p.000244:
p.000244:
p.000244:
p.000244:
p.000244:
p.000244:
p.000244:
...
p.000248:
p.000248:
p.000248:
p.000248:
p.000248:
p.000248:
p.000248:
p.000248:
p.000248: Off. of Spec. Educ. and Rehab. Services, Education § 350.53
p.000248:
p.000248:
p.000248: related activities that will either in- volve clients of the State vocational rehabilitation
p.000248: agency as research sub- jects or study vocational rehabilitation services or techniques under this
p.000248: pro- gram, shall follow the requirements in 34 CFR 75.155 through 75.159.
p.000248: (b) For the purposes of this Program,
p.000248: State as used in 34 CFR 75.155 through
p.000248: 75.159 means the State rehabilitation agency or agencies in the primary State or States to
p.000248: be affected by the proposed activities.
p.000248:
p.000248: (Authority: Secs. 204(c) and 306(i); 29 U.S.C. 762(c) and 766(a))
p.000248:
p.000248: Subpart F—How Does the Secretary Make an Award?
p.000248: § 350.50 What is the peer review proc- ess for this Program?
p.000248: (a) The Secretary refers each applica- tion for a grant governed by those reg- ulations in this part to
p.000248: a peer review panel established by the Secretary.
p.000248: (b) Peer review panels review applica- tions on the basis of the applicable se- lection criteria in §
p.000248: 350.54.
p.000248: (Authority: Sec. 202(e); 29 U.S.C. 761a(e))
p.000248:
p.000248: § 350.51 What is the purpose of peer review?
p.000248: The purpose of peer review is to in- sure that—
p.000248: (a) Those activities supported by the National Institute on Disability and Rehabilitation Research
p.000248: (NIDRR) are of the highest scientific, administra- tive, and technical quality; and
p.000248: (b) Activity results may be widely applied to appropriate target popu- lations and
p.000248: rehabilitation problems.
p.000248: (Authority: Sec. 202(e); 29 U.S.C. 761a(e))
p.000248:
p.000248: § 350.52 What is the composition of a peer review panel?
p.000248: (a) The Secretary selects as members of a peer review panel scientists and other experts in
p.000248: rehabilitation or re- lated fields who are qualified, on the basis of training, knowledge, or
p.000248: experi- ence, to give expert advice on the merit of the applications under review.
p.000248: (b) Applications for awards of $60,000 or more, except those for the purposes of evaluation,
p.000248: dissemination of infor- mation, or conferences, must be re-
p.000248:
p.000248: viewed by a peer review panel that con- sists of a majority of non-Federal members.
p.000248: (c) In selecting members to serve on a peer review panel, the Secretary takes into account all
p.000248: of the following factors:
p.000248: (1) The level of formal scientific or technical education completed by po- tential panel members.
p.000248: (2)(i) The extent to which potential panel members have engaged in sci- entific, technical, or
p.000248: administrative ac- tivities appropriate to the category of applications that the panel will con- sider;
p.000248: (ii) The roles of potential panel mem- bers in those activities; and
p.000248: (iii) The quality of those activities.
...
p.000254:
p.000254: § 350.64 What is the required duration of the training in an Advanced Re- habilitation Research
p.000254: Training Project?
p.000254: A grantee for an Advanced Rehabili- tation Research Training Project shall provide training to individuals
p.000254: that is at least one academic year, unless a longer training period is necessary to ensure that
p.000254: each trainee is qualified to conduct independent research upon completion of the course of
p.000254: training.
p.000254: (Authority: Secs. 202–204; 29 U.S.C. 760–762)
p.000254:
p.000254: § 350.65 What level of participation is required of trainees in an Advanced Rehabilitation Research
p.000254: Training Project?
p.000254: Individuals who are receiving train- ing under an Advanced Rehabilitation Research Training Project
p.000254: shall devote at least eighty percent of their time to the activities of the training program during the
p.000254: training period.
p.000254: (Authority: Secs. 202–204; 29 U.S.C. 760–762)
p.000254:
p.000254: § 350.66 What must a grantee include in a patent application?
p.000254: Any patent application filed by a grantee for an invention made under a grant must include the
p.000254: following state- ment in the first paragraph:
p.000254: The invention described in this application was made under a grant from the Depart- ment of
p.000254: Education.
p.000254: (Authority: 20 U.S.C. 1221e–3)
p.000254:
p.000254: PART 356—DISABILITY AND REHA- BILITATION RESEARCH: RESEARCH FELLOWSHIPS
p.000254: Subpart A—General
p.000254: Sec.
p.000254: 356.1 What is the Research Fellowships Pro- gram?
p.000254: 356.2 Who is eligible for assistance under this program?
p.000254: 356.3 What regulations apply to this pro- gram?
p.000254: 356.4 What definitions apply to this pro- gram?
p.000254: Subpart B—What Kinds of Activities Does the Department Support Under This Program?
p.000254: 356.10 What types of activities are author- ized?
p.000254:
...
Health / Motherhood/Family
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p.000240:
p.000240: § 345.63
p.000240: based on the findings and recommenda- tions of the monitoring panel, and after providing to the
p.000240: public notice and opportunity for comment, shall make a final determination regarding whether to order
p.000240: the Governor to redesignate the lead agency. The Governor shall make any redesignation in
p.000240: accordance with the requirements that apply to designations under § 345.6.
p.000240: (Authority: 29 U.S.C. 2215(c); section 105(c) of the Act)
p.000240:
p.000240: § 345.63 How does a State change the entity responsible for providing protection and advocacy services?
p.000240: (a) The Governor of a State, based on input from individuals with disabilities and their family
p.000240: members, guardians, advocates, or authorized representa- tives, may determine that the entity
p.000240: providing protection and advocacy services has not met the protection and advocacy service needs
p.000240: of the individ- uals with disabilities and their family members, guardians, advocates, or au- thorized
p.000240: representatives, for securing funding for and access to assistive technology devices and
p.000240: assistive tech- nology services, and that there is good cause to provide the protection and ad- vocacy
p.000240: services for the State through a contract with a second entity.
p.000240: (b) On making the determination in paragraph (a) of this section, the Gov- ernor may not enter into
p.000240: a contract with a second entity to provide the protection and advocacy services un- less good
p.000240: cause exists and unless—
p.000240: (1) The Governor has given the first entity 30 days notice of the intention to enter into the
p.000240: contract, including specification of good cause, and an op- portunity to respond to the assertion
p.000240: that good cause has been shown;
p.000240: (2) Individuals with disabilities and their family members, guardians, advo- cates, or authorized
p.000240: representatives, have timely notice of the determina- tion and opportunity for public com- ment;
p.000240: and
p.000240: (3) The first entity has the oppor- tunity to appeal the determination to the Secretary within 30
p.000240: days of the de- termination on the basis that there is not good cause to enter into the con- tract.
p.000240: (c)(1) When the Governor of a State determines that there is good cause to
p.000240:
p.000240: 34 CFR Ch. III (7–1–02 Edition)
p.000240: enter into a contract with a second en- tity to provide the protection and ad- vocacy services, the
p.000240: Governor shall hold an open competition within the State and issue a request for proposals by
p.000240: entities desiring to provide the serv- ices.
p.000240: (2) The Governor shall not issue a re- quest for proposals by entities desiring to provide protection
p.000240: and advocacy services until the first entity has been given notice and an opportunity to re- spond.
p.000240: If the first entity appeals the determination to the Secretary, the Governor shall issue such
p.000240: request only if the Secretary decides not to over- turn the determination of the Gov-
p.000240: ernor. The Governor shall issue such request within 30 days after the end of the period during
p.000240: which the first entity has the opportunity to respond, or after the decision of the Secretary,
p.000240: as appropriate.
p.000240: (3) The competition shall be open to entities with the same expertise and ability to provide
...
p.000240: The Disability and Rehabilitation Research Projects and Centers Pro- gram provides grants to
p.000240: establish and support—
p.000240: (a) The following Disability and Re- habilitation Research and Related Projects:
p.000240: (1) Disability and Rehabilitation Re- search Projects.
p.000240: (2) Field-Initiated Projects.
p.000240: (3) Advanced Rehabilitation Research Training Projects; and
p.000240: (b) The following Disability and Re- habilitation Research Centers:
p.000240: (1) Rehabilitation Research and Training Centers.
p.000241: 241
p.000241:
p.000241:
p.000241:
p.000241:
p.000241:
p.000241:
p.000241:
p.000241:
p.000241:
p.000241: § 350.2
p.000241: (2) Rehabilitation Engineering Re- search Centers.
p.000241: (Authority: Sec. 204; 29 U.S.C. 762)
p.000241:
p.000241: § 350.2 What is the purpose of the Dis- ability and Rehabilitation Research Project and Centers Program?
p.000241: The purpose of the Disability and Re- habilitation Research Project and Cen- ters Program is to plan and
p.000241: conduct re- search, demonstration projects, train- ing, and related activities, including international
p.000241: activities, to—
p.000241: (a) Develop methods, procedures, and rehabilitation technology, that maxi- mize the full inclusion and
p.000241: integration into society, employment, independent living, family support, and economic and social
p.000241: self-sufficiency of individ- uals with disabilities, especially indi- viduals with the most severe
p.000241: disabil- ities; and
p.000241: (b) Improve the effectiveness of serv- ices authorized under the Act.
p.000241: (Authority: Secs. 204(a) and (b)(6); 29 U.S.C. 762(a) and (b)(6))
p.000241: § 350.3 Who is eligible for an award?
p.000241: The following entities are eligible for an award under this program:
p.000241: (a) States.
p.000241: (b) Public or private agencies, includ- ing for-profit agencies.
p.000241: (c) Public or private organizations, including for-profit organizations.
p.000241: (d) Institutions of higher education.
p.000241: (e) Indian tribes and tribal organiza- tions.
p.000241: (Authority: Sec. 204(a); 29 U.S.C. 762(a))
p.000241: § 350.4 What regulations apply?
p.000241: The following regulations apply to the Disability and Rehabilitation Re- search Projects and Centers
p.000241: Program:
p.000241: (a) The Education Department Gen- eral Administrative Regulations (EDGAR) as follows:
p.000241: (1) 34 CFR part 74 (Administration of Grants and Agreements with Institu- tions of Higher
p.000241: Education, Hospitals, and Other Non-profit Organizations).
p.000241: (2) 34 CFR part 75 (Direct Grant Pro- grams).
p.000241: (3) 34 CFR part 77 (Definitions that Apply to Department Regulations).
...
p.000242: Assistive technology device means any item, piece of equipment, or product system, whether
p.000242: acquired commer- cially or off the shelf, modified, or cus- tomized, that is used to increase, main-
p.000242: tain, or improve functional capabilities of individuals with disabilities.
p.000242: (Authority: Sec. 7(23); 29 U.S.C. 706(23))
p.000242: Assistive technology service means any service that directly assists an indi- vidual with a
p.000242: disability in the selec- tion, acquisition, or use of an assistive technology device, including—
p.000242: (1) The evaluation of the needs of an individual with a disability, including a functional evaluation
p.000242: of the indi- vidual in the individual’s customary environment;
p.000242: (2) Purchasing, leasing, or otherwise providing for the acquisition of assist- ive technology devices by
p.000242: individuals with disabilities;
p.000242: (3) Selecting, designing, fitting, cus- tomizing, adapting, applying, main- taining, repairing, or
p.000242: replacing assist- ive technology devices;
p.000242: (4) Coordinating and using other therapies, interventions, or services with assistive
p.000242: technology devices, such as those associated with existing edu- cation and rehabilitation plans and
p.000242: programs;
p.000242: (5) Training or technical assistance for individuals with disabilities, or, if appropriate, their
p.000242: family members, guardians, advocates, or authorized representatives; and
p.000242: (6) Training or technical assistance for professionals (including individuals providing education and
p.000242: rehabilitation services), employers, or other individ- uals who provide services to employ, or are
p.000242: otherwise substantially involved in the major life functions of, individuals with disabilities.
p.000242: (Authority: Sec. 7(24); 29 U.S.C. 706(24))
p.000242: Disability means a physical or mental impairment that substantially limits one or more major life
p.000242: activities.
p.000242: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000242: Individual ith a disability means any individual who:
p.000242:
p.000242: (1) Has a physical or mental impair- ment that substantially limits one or more of the individual’s
p.000242: major life ac- tivities;
p.000242: (2) Has a record of this impairment; or
p.000242: (3) Is regarded as having this impair- ment.
p.000242: (Authority: Sec. 7(8)(B); 29 U.S.C. 706(8)(B))
p.000242: Individual ith a severe disability
p.000242: means—
p.000242: (1)(i) An individual with a disability who has a severe physical or mental impairment that
p.000242: seriously limits one or more functional capacities (such as mobility, communication, self-care,
p.000242: self-direction, interpersonal skills, work tolerance, or work skills) in terms of an
p.000242: employment outcome;
p.000242: (ii) Whose vocational rehabilitation can be expected to require multiple vo- cational rehabilitation
p.000242: services over an extended period of time; and
p.000242: (iii) Who has one or more physical or mental disabilities resulting from am- putation, arthritis,
p.000242: autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury,
p.000242: heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental
p.000242: illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neuro- logical
p.000242: disorders (including stroke and epilepsy), paraplegia, quadriplegia, other spinal cord
p.000242: impairments, sickle cell anemia, specific learning dis- ability, end-stage renal disease, or an-
p.000242: other disability or combination of dis- abilities determined on the basis of an assessment of
p.000242: rehabilitation needs to cause comparable substantial func- tional limitation; or
p.000242: (2) An individual with a severe men- tal or physical impairment whose abil- ity to function
p.000242: independently in the family or community or whose ability to obtain, maintain, or advance in em-
p.000242: ployment is substantially limited and for whom the delivery of independent living services will
p.000242: improve the ability to function, continue functioning, or move towards functioning independ- ently
p.000242: in the family or community or to continue in employment, respectively.
p.000242: (Authority: Sec. 7(15)(C); 29 U.S.C. 706(15)(C))
p.000243: 243
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243: § 350.10
p.000243: Personal assistance services means a range of services, provided by one or more persons, designed
p.000243: to assist an in- dividual with a disability to perform daily living activities, on and off
p.000243: the job, that the individual would typically perform if the individual did not have a disability. These
p.000243: services must be de- signed to increase the individual’s con- trol in life and ability to perform ev-
p.000243: eryday activities on and off the job.
p.000243: (Authority: Sec. 12(c); 29 U.S.C. 711(c))
p.000243: Rehabilitation technology means the systematic application of technologies, engineering methodologies,
p.000243: or sci- entific principles to meet the needs of and address the barriers confronted by individuals
p.000243: with disabilities in such areas as education, rehabilitation, em- ployment, transportation, independent
p.000243: living, and recreation, and includes re- habilitation engineering, assistive technology devices,
p.000243: and assistive tech- nology services.
...
p.000245: (b) One or more providers of rehabili- tation or other appropriate services.
p.000245: (Authority: Sec. 204(b)(2); 29 U.S.C. 762(b)(2))
p.000245:
p.000245: § 350.22 What activities must a Reha- bilitation Research and Training Center conduct?
p.000245: A Rehabilitation Research and Train- ing Center shall—
p.000245: (a) Carry out research activities by conducting coordinated and advanced programs of research in
p.000245: rehabilitation targeted toward the production of new knowledge that will—
p.000245:
p.000245: 34 CFR Ch. III (7–1–02 Edition)
p.000245: (1) Improve rehabilitation method- ology and service delivery systems;
p.000245: (2) Alleviate or stabilize disabling conditions; and
p.000245: (3) Promote maximum social and eco- nomic independence of individuals with disabilities;
p.000245: (b) Conduct training activities by providing training (including graduate, pre-service, and in-service
p.000245: training) to assist—
p.000245: (1) Rehabilitation personnel and other individuals to more effectively provide rehabilitation
p.000245: services; and
p.000245: (2) Rehabilitation research personnel and other rehabilitation personnel to improve their capacity to
p.000245: conduct re- search; and
p.000245: (c) Conduct technical assistance ac- tivities by serving as an informational and technical assistance
p.000245: resource for providers, individuals with disabilities, and the parents, family members,
p.000245: guardians, advocates, or authorized representatives of the individuals with disabilities,
p.000245: through conferences, workshops, public education programs, in-service training programs, and simi- lar
p.000245: activities.
p.000245:
p.000245: § 350.23 What restriction exists on Re- habilitation Research and Training Centers regarding indirect costs?
p.000245: A host institution with which a Re- habilitation Research and Training Center is affiliated
p.000245: may not collect more than fifteen percent of the total grant award as indirect cost charges,
p.000245: notwithstanding the provisions in 34 CFR 75.562.
p.000245: (Authority: Sec. 204(b)(2)(O); 29 U.S.C. 762(b)(2)(O))
p.000245:
p.000245: Subpart D—What Rehabilitation Engineering Research Centers Does the Secretary Assist?
p.000245: § 350.30 What requirements must a Re- habilitation Engineering Research Center meet?
p.000245: A Rehabilitation Engineering Re- search Center shall plan and conduct activities that—
p.000245: (a) Further one or more of the pur- poses listed in § 350.2; and
p.000245: (b)(1) Lead to the development of methods, procedures, and devices that
p.000246: 246
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p.000246:
p.000246:
p.000246:
p.000246: Off. of Spec. Educ. and Rehab. Services, Education § 350.33
p.000246:
p.000246:
p.000246: will benefit individuals with disabil- ities, especially those with the most se- vere disabilities; or
...
p.000246: A Rehabilitation Engineering Re- search Center shall—
p.000246: (a) Conduct research or demonstra- tion activities by using one or more of the following strategies:
p.000246: (1) Developing and disseminating in- novative methods of applying advanced technology, scientific
p.000246: achievement, and psychological and social knowl- edge to solve rehabilitation problems and
p.000246: remove environmental barriers through—
p.000246: (i) Planning and conducting research, including cooperative research with public or private agencies
p.000246: and organi- zations, designed to produce new sci- entific knowledge and new or improved methods,
p.000246: equipment, or devices; and
p.000246: (ii) Studying and evaluating new or emerging technologies, products, or en- vironments and their
p.000246: effectiveness and benefits.
p.000246: (2) Demonstrating and dissemi- nating—
p.000246: (i) Innovative models for the delivery to rural and urban areas of cost-effec- tive rehabilitation
p.000246: technology services that will promote the use of assistive technology services; and
p.000246: (ii) Other scientific research to assist in meeting the employment and inde- pendent living needs of
p.000246: individuals with severe disabilities.
p.000246:
p.000246: (3) Conducting research and dem- onstration activities that facilitate service delivery
p.000246: systems change by demonstrating, evaluating, docu- menting, and disseminating—
p.000246: (i) Consumer-responsive and indi- vidual and family-centered innovative models for the delivery,
p.000246: to both rural and urban areas, of innovative, cost-ef- fective rehabilitation technology serv- ices that
p.000246: promote use of rehabilitation technology; and
p.000246: (ii) Other scientific research to assist in meeting the employment and inde- pendent living needs of, and
p.000246: addressing the barriers confronted by individuals with disabilities, including individuals with severe
p.000246: disabilities;
p.000246: (b) To the extent consistent with the nature and type of research or dem- onstration activities
p.000246: described in para- graph (a) of this section, carry out re- search, training, and information dis-
p.000246: semination activities by—
p.000246: (1) Providing training opportunities to individuals, including individuals with disabilities, to
p.000246: enable them to be- come rehabilitation technology re- searchers and practitioners of rehabili-
p.000246: tation technology in conjunction with institutions of higher education and nonprofit organizations;
p.000246: and
p.000246: (2) Responding, through research or demonstration activities, to the needs of individuals with all
p.000246: types of disabil- ities who may benefit from the applica- tion of technology within the subject area
p.000246: of focus of the Center.
p.000246: (c) Conduct orientation seminars for rehabilitation service personnel to im- prove the application of
p.000246: rehabilitation technology;
p.000246: (d) Conduct activities that specifi- cally demonstrate means for utilizing rehabilitation
p.000246: technology; and
p.000246: (e) Provide technical assistance and consultation that are responsive to concerns of service
p.000246: providers and con- sumers.
p.000246: (Authority: Sec. 204(b)(3); 29 U.S.C. 762(b)(3))
p.000246:
p.000246: § 350.33 What cooperation require- ments must a Rehabilitation Engi- neering Research Center meet?
p.000246: A Rehabilitation Engineering Re- search Center—
p.000246: (a) Shall cooperate with State agen- cies and other local, State, regional,
p.000247: 247
p.000247:
p.000247:
p.000247:
p.000247:
p.000247:
p.000247:
p.000247:
p.000247:
p.000247:
p.000247: § 350.34
p.000247: and national programs and organiza- tions developing or delivering rehabili- tation technology, including
p.000247: State pro- grams funded under the Technology- Related Assistance for Individuals With
p.000247: Disabilities Act of 1988 (29 U.S.C. 2201 et seq.); and
p.000247: (b) To the extent consistent with the nature and type of research or dem- onstration activities
p.000247: described in
p.000247: § 350.32(a), shall cooperate with the en- tities described in paragraph (a) of this section to provide
p.000247: information to indi- viduals with disabilities and their par- ents, family members, guardians, advo- cates,
p.000247: or authorized representatives, to—
p.000247: (1) Increase awareness and under- standing of how rehabilitation tech- nology can address
p.000247: their needs; and
p.000247: (2) Increase awareness and under- standing of the range of options, pro- grams, services,
p.000247: and resources avail- able, including financing options for the technology and services covered by
p.000247: the subject area of focus of the Center.
p.000247: (Authority: Sec. 204(b)(3) and (c); 29 U.S.C. 762(b)(3) and (c))
p.000247:
p.000247: § 350.34 Which Rehabilitation Engi- neering Research Centers must have an advisory committee?
p.000247: A Rehabilitation Engineering Re- search Center conducting research or demonstration activities
p.000247: that facili- tate service delivery systems change must have an advisory committee.
p.000247: (Authority: Sec. 204 (b)(3)(D); 29 U.S.C. 762 (b)(3)(D))
p.000247:
p.000247: § 350.35 What are the requirements for the composition of an advisory com- mittee?
p.000247: The majority of a Rehabilitation En- gineering Research Center advisory committee’s members must
p.000247: be com- prised of individuals with disabilities who are users of rehabilitation tech- nology,
p.000247: or their parents, family mem- bers, guardians, advocates, or author- ized representatives.
p.000247: (Authority: Sec. 204(b)(3)(D); 29 U.S.C. 762(b)(3)(D))
p.000247:
p.000247: 34 CFR Ch. III (7–1–02 Edition)
p.000247: Subpart E—How Does One Apply for an Award?
p.000247: § 350.40 What is required of each ap- plicant regarding the needs of indi- viduals with disabilities from
p.000247: mi- nority backgrounds?
p.000247: (a) Unless the Secretary indicates otherwise in a notice published in the FEDERAL REGISTER, an
p.000247: applicant for as- sistance under this program must dem- onstrate in its application how it will address,
p.000247: in whole or in part, the needs of individuals with disabilities from minority backgrounds.
p.000247: (b) The approaches an applicant may take to meet this requirement may in- clude one or more of the
p.000247: following:
p.000247: (1) Proposing project objectives ad- dressing the needs of individuals with disabilities from
p.000247: minority back- grounds.
p.000247: (2) Demonstrating that the project will address a problem that is of par- ticular significance to
p.000247: individuals with disabilities from minority back- grounds.
p.000247: (3) Demonstrating that individuals from minority backgrounds will be in- cluded in study samples
p.000247: in sufficient numbers to generate information perti- nent to individuals with disabilities from
...
p.000248: (a) The Secretary selects as members of a peer review panel scientists and other experts in
p.000248: rehabilitation or re- lated fields who are qualified, on the basis of training, knowledge, or
p.000248: experi- ence, to give expert advice on the merit of the applications under review.
p.000248: (b) Applications for awards of $60,000 or more, except those for the purposes of evaluation,
p.000248: dissemination of infor- mation, or conferences, must be re-
p.000248:
p.000248: viewed by a peer review panel that con- sists of a majority of non-Federal members.
p.000248: (c) In selecting members to serve on a peer review panel, the Secretary takes into account all
p.000248: of the following factors:
p.000248: (1) The level of formal scientific or technical education completed by po- tential panel members.
p.000248: (2)(i) The extent to which potential panel members have engaged in sci- entific, technical, or
p.000248: administrative ac- tivities appropriate to the category of applications that the panel will con- sider;
p.000248: (ii) The roles of potential panel mem- bers in those activities; and
p.000248: (iii) The quality of those activities.
p.000248: (3) The recognition received by po- tential panel members as reflected by awards and other
p.000248: honors from sci- entific and professional agencies and organizations outside the Department.
p.000248: (4) Whether the panel includes knowl- edgeable individuals with disabilities, or parents, family members,
p.000248: guardians, advocates, or authorized representa- tives of individuals with disabilities.
p.000248: (5) Whether the panel includes indi- viduals from diverse populations.
p.000248: (Authority: Secs. 18 and 202(e); 29 U.S.C. 717 and 761a(e))
p.000248:
p.000248: § 350.53 How does the Secretary evalu- ate an application?
p.000248: (a)(1)(i) The Secretary selects one or more of the selection criteria in § 350.54 to evaluate an
p.000248: application;
p.000248: (ii) The Secretary establishes selec- tion criteria based on statutory provi- sions that apply to the
p.000248: Program which may include, but are not limited to—
p.000248: (A) Specific statutory selection cri- teria;
p.000248: (B) Allowable activities;
p.000248: (C) Application content require- ments; or
p.000248: (D) Other pre-award and post-award conditions; or
p.000248: (iii) The Secretary uses a combina- tion of selection criteria established under paragraph
p.000248: (a)(1)(ii) of this sec- tion and selection criteria in § 350.54.
p.000248: (2) For Field-Initiated Projects, the Secretary does not consider § 350.54(b) (Responsiveness to
p.000248: the Absolute or Competitive Priority) in evaluating an application.
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p.000249:
p.000249:
p.000249:
p.000249:
p.000249:
p.000249:
p.000249:
p.000249:
p.000249:
p.000249: § 350.54
p.000249: (b)(1) In considering selection cri- teria in § 350.54, the Secretary selects one or more of
p.000249: the factors listed in the criteria except as provided for in para- graph (b)(2) of this section.
...
p.000254: demonstration projects that bear directly on the development of procedures, methods, and devices to
p.000254: as- sist the provision of vocational and other rehabilitation services, and re- search training
p.000254: and career development projects.
p.000254: (2) Each grantee must participate in the costs of those projects.
p.000254: (3) The specific amount of cost shar- ing to be borne by each grantee—
p.000254: (i) Is negotiated at the time of the award; and
p.000254: (ii) Is not considered in the selection process.
p.000254: (b)(1) The Secretary may make grants to pay for part or all of the costs of—
p.000254: (i) Establishment and support of Re- habilitation Research and Training Centers and Rehabilitation
p.000254: Engineer- ing Research Centers; and
p.000254: (ii) Specialized research or dem- onstration activities described in sec- tion 204(b)(2)–(16)
p.000254: of the Act.
p.000254: (2) The Secretary determines at the time of the award whether the grantee must pay a portion of
p.000254: the project or center costs.
p.000254: (Authority: Sec. 204; 29 U.S.C. 762)
p.000254:
p.000254: § 350.63 What are the requirements of a grantee relative to the Client As- sistance Program?
p.000254: All Projects and Centers that provide services to individuals with disabilities with funds awarded under
p.000254: this Program must—
p.000254: (a) Advise those individuals who are applicants for or recipients of services under the Act, or their
p.000254: parents, family members, guardians, advocates, or au- thorized representatives, of the avail- ability and
p.000254: purposes of the Client As- sistance Program (CAP) funded under the Act; and
p.000254: (b) Provide information on the means of seeking assistance under the CAP.
p.000254: (Authority: Sec. 20; 29 U.S.C. 718a)
p.000254:
p.000254: § 350.64 What is the required duration of the training in an Advanced Re- habilitation Research
p.000254: Training Project?
p.000254: A grantee for an Advanced Rehabili- tation Research Training Project shall provide training to individuals
p.000254: that is at least one academic year, unless a longer training period is necessary to ensure that
p.000254: each trainee is qualified to conduct independent research upon completion of the course of
p.000254: training.
p.000254: (Authority: Secs. 202–204; 29 U.S.C. 760–762)
p.000254:
p.000254: § 350.65 What level of participation is required of trainees in an Advanced Rehabilitation Research
p.000254: Training Project?
p.000254: Individuals who are receiving train- ing under an Advanced Rehabilitation Research Training Project
p.000254: shall devote at least eighty percent of their time to the activities of the training program during the
p.000254: training period.
p.000254: (Authority: Secs. 202–204; 29 U.S.C. 760–762)
p.000254:
p.000254: § 350.66 What must a grantee include in a patent application?
p.000254: Any patent application filed by a grantee for an invention made under a grant must include the
p.000254: following state- ment in the first paragraph:
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Health / Physically Disabled
Searching for indicator illness:
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p.000242: Individual ith a disability means any individual who:
p.000242:
p.000242: (1) Has a physical or mental impair- ment that substantially limits one or more of the individual’s
p.000242: major life ac- tivities;
p.000242: (2) Has a record of this impairment; or
p.000242: (3) Is regarded as having this impair- ment.
p.000242: (Authority: Sec. 7(8)(B); 29 U.S.C. 706(8)(B))
p.000242: Individual ith a severe disability
p.000242: means—
p.000242: (1)(i) An individual with a disability who has a severe physical or mental impairment that
p.000242: seriously limits one or more functional capacities (such as mobility, communication, self-care,
p.000242: self-direction, interpersonal skills, work tolerance, or work skills) in terms of an
p.000242: employment outcome;
p.000242: (ii) Whose vocational rehabilitation can be expected to require multiple vo- cational rehabilitation
p.000242: services over an extended period of time; and
p.000242: (iii) Who has one or more physical or mental disabilities resulting from am- putation, arthritis,
p.000242: autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury,
p.000242: heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental
p.000242: illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neuro- logical
p.000242: disorders (including stroke and epilepsy), paraplegia, quadriplegia, other spinal cord
p.000242: impairments, sickle cell anemia, specific learning dis- ability, end-stage renal disease, or an-
p.000242: other disability or combination of dis- abilities determined on the basis of an assessment of
p.000242: rehabilitation needs to cause comparable substantial func- tional limitation; or
p.000242: (2) An individual with a severe men- tal or physical impairment whose abil- ity to function
p.000242: independently in the family or community or whose ability to obtain, maintain, or advance in em-
p.000242: ployment is substantially limited and for whom the delivery of independent living services will
p.000242: improve the ability to function, continue functioning, or move towards functioning independ- ently
p.000242: in the family or community or to continue in employment, respectively.
p.000242: (Authority: Sec. 7(15)(C); 29 U.S.C. 706(15)(C))
p.000243: 243
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243: § 350.10
p.000243: Personal assistance services means a range of services, provided by one or more persons, designed
...
Health / visual impairment
Searching for indicator blind:
(return to top)
p.000243: Rehabilitation technology means the systematic application of technologies, engineering methodologies,
p.000243: or sci- entific principles to meet the needs of and address the barriers confronted by individuals
p.000243: with disabilities in such areas as education, rehabilitation, em- ployment, transportation, independent
p.000243: living, and recreation, and includes re- habilitation engineering, assistive technology devices,
p.000243: and assistive tech- nology services.
p.000243: (Authority: Sec. 7(13); 29 U.S.C. 706(13))
p.000243: Research is classified on a continuum from basic to applied:
p.000243: (1) Basic research is research in which the investigator is concerned primarily with gaining new knowledge
p.000243: or under- standing of a subject without reference to any immediate application or util- ity.
p.000243: (2) Applied research is research in which the investigator is primarily in- terested in
p.000243: developing new knowledge, information or understanding which can be applied to a predetermined reha-
p.000243: bilitation problem or need. Applied re- search builds on selected findings from basic research.
p.000243: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000243: State rehabilitation agency means the sole State agency designated to admin- ister (or supervise local
p.000243: administration of) the State plan for vocational reha- bilitation services. The term includes the State
p.000243: agency for the blind, if des- ignated as the State agency with re- spect to that part of the
p.000243: plan relating to the vocational rehabilitation of blind individuals.
p.000243: (Authority: Sec. 101(a)(1)(A); 29 U.S.C. 721(a)(1)(A))
p.000243: Target population means the group of individuals, organizations, or other en-
p.000243:
p.000243: 34 CFR Ch. III (7–1–02 Edition)
p.000243: tities expected to be affected by the project. More than one group may be involved since
p.000243: a project may affect those who receive services, provide services, or administer services.
p.000243: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000243:
p.000243: Subpart B—What Projects Does the Secretary Assist?
p.000243: § 350.10 What are the general require- ments for Disability and Rehabilita- tion Research Projects?
p.000243: Disability and Rehabilitation Re- search Projects must meet the fol- lowing requirements:
p.000243: (a) Carry out one or more of the fol- lowing types of activities, as specified in §§ 350.13–350.19:
p.000243: (1) Research.
p.000243: (2) Development.
p.000243: (3) Demonstration.
p.000243: (4) Training.
p.000243: (5) Dissemination.
p.000243: (6) Utilization.
p.000243: (7) Technical assistance.
p.000243: (b) Further one or more of the pur- poses listed in § 350.2.
p.000243: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000243:
p.000243: § 350.11 What are the general require- ments for a Field-Initiated Project?
p.000243: A Field-Initiated Project must—
p.000243: (a) Further one or more of the pur- poses in § 350.2; and
p.000243: (b) Carry out one of the following types of activities:
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Searching for indicator blindness:
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p.000242: activities.
p.000242: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000242: Individual ith a disability means any individual who:
p.000242:
p.000242: (1) Has a physical or mental impair- ment that substantially limits one or more of the individual’s
p.000242: major life ac- tivities;
p.000242: (2) Has a record of this impairment; or
p.000242: (3) Is regarded as having this impair- ment.
p.000242: (Authority: Sec. 7(8)(B); 29 U.S.C. 706(8)(B))
p.000242: Individual ith a severe disability
p.000242: means—
p.000242: (1)(i) An individual with a disability who has a severe physical or mental impairment that
p.000242: seriously limits one or more functional capacities (such as mobility, communication, self-care,
p.000242: self-direction, interpersonal skills, work tolerance, or work skills) in terms of an
p.000242: employment outcome;
p.000242: (ii) Whose vocational rehabilitation can be expected to require multiple vo- cational rehabilitation
p.000242: services over an extended period of time; and
p.000242: (iii) Who has one or more physical or mental disabilities resulting from am- putation, arthritis,
p.000242: autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury,
p.000242: heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental
p.000242: illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neuro- logical
p.000242: disorders (including stroke and epilepsy), paraplegia, quadriplegia, other spinal cord
p.000242: impairments, sickle cell anemia, specific learning dis- ability, end-stage renal disease, or an-
p.000242: other disability or combination of dis- abilities determined on the basis of an assessment of
p.000242: rehabilitation needs to cause comparable substantial func- tional limitation; or
p.000242: (2) An individual with a severe men- tal or physical impairment whose abil- ity to function
p.000242: independently in the family or community or whose ability to obtain, maintain, or advance in em-
p.000242: ployment is substantially limited and for whom the delivery of independent living services will
p.000242: improve the ability to function, continue functioning, or move towards functioning independ- ently
p.000242: in the family or community or to continue in employment, respectively.
p.000242: (Authority: Sec. 7(15)(C); 29 U.S.C. 706(15)(C))
p.000243: 243
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243: § 350.10
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Social / Access to Social Goods
Searching for indicator access:
(return to top)
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240: § 345.63
p.000240: based on the findings and recommenda- tions of the monitoring panel, and after providing to the
p.000240: public notice and opportunity for comment, shall make a final determination regarding whether to order
p.000240: the Governor to redesignate the lead agency. The Governor shall make any redesignation in
p.000240: accordance with the requirements that apply to designations under § 345.6.
p.000240: (Authority: 29 U.S.C. 2215(c); section 105(c) of the Act)
p.000240:
p.000240: § 345.63 How does a State change the entity responsible for providing protection and advocacy services?
p.000240: (a) The Governor of a State, based on input from individuals with disabilities and their family
p.000240: members, guardians, advocates, or authorized representa- tives, may determine that the entity
p.000240: providing protection and advocacy services has not met the protection and advocacy service needs
p.000240: of the individ- uals with disabilities and their family members, guardians, advocates, or au- thorized
p.000240: representatives, for securing funding for and access to assistive technology devices and
p.000240: assistive tech- nology services, and that there is good cause to provide the protection and ad- vocacy
p.000240: services for the State through a contract with a second entity.
p.000240: (b) On making the determination in paragraph (a) of this section, the Gov- ernor may not enter into
p.000240: a contract with a second entity to provide the protection and advocacy services un- less good
p.000240: cause exists and unless—
p.000240: (1) The Governor has given the first entity 30 days notice of the intention to enter into the
p.000240: contract, including specification of good cause, and an op- portunity to respond to the assertion
p.000240: that good cause has been shown;
p.000240: (2) Individuals with disabilities and their family members, guardians, advo- cates, or authorized
p.000240: representatives, have timely notice of the determina- tion and opportunity for public com- ment;
p.000240: and
p.000240: (3) The first entity has the oppor- tunity to appeal the determination to the Secretary within 30
p.000240: days of the de- termination on the basis that there is not good cause to enter into the con- tract.
p.000240: (c)(1) When the Governor of a State determines that there is good cause to
p.000240:
p.000240: 34 CFR Ch. III (7–1–02 Edition)
p.000240: enter into a contract with a second en- tity to provide the protection and ad- vocacy services, the
...
p.000247: in whole or in part, the needs of individuals with disabilities from minority backgrounds.
p.000247: (b) The approaches an applicant may take to meet this requirement may in- clude one or more of the
p.000247: following:
p.000247: (1) Proposing project objectives ad- dressing the needs of individuals with disabilities from
p.000247: minority back- grounds.
p.000247: (2) Demonstrating that the project will address a problem that is of par- ticular significance to
p.000247: individuals with disabilities from minority back- grounds.
p.000247: (3) Demonstrating that individuals from minority backgrounds will be in- cluded in study samples
p.000247: in sufficient numbers to generate information perti- nent to individuals with disabilities from
p.000247: minority backgrounds.
p.000247: (4) Drawing study samples and pro- gram participant rosters from popu- lations or areas
p.000247: that include individ- uals from minority backgrounds.
p.000247: (5) Providing outreach to individuals with disabilities from minority back- grounds to ensure that they
p.000247: are aware of rehabilitation services, clinical care, or training offered by the project.
p.000247: (6) Disseminating materials to or otherwise increasing the access to dis- ability information
p.000247: among minority populations.
p.000247: (Approved by the Office of Management and Budget under control number 1820–0027)
p.000247: (Authority: Sec. 21(b)(6); 29 U.S.C. 718b(b)(6))
p.000247:
p.000247: § 350.41 What State agency review must an applicant under the Dis- ability and Rehabilitation Research
p.000247: Projects and Centers Program ob- tain?
p.000247: (a) An applicant that proposes to conduct research, demonstrations, or
p.000247:
p.000247:
p.000248: 248
p.000248:
p.000248:
p.000248:
p.000248:
p.000248:
p.000248:
p.000248:
p.000248:
p.000248: Off. of Spec. Educ. and Rehab. Services, Education § 350.53
p.000248:
p.000248:
p.000248: related activities that will either in- volve clients of the State vocational rehabilitation
p.000248: agency as research sub- jects or study vocational rehabilitation services or techniques under this
p.000248: pro- gram, shall follow the requirements in 34 CFR 75.155 through 75.159.
p.000248: (b) For the purposes of this Program,
p.000248: State as used in 34 CFR 75.155 through
p.000248: 75.159 means the State rehabilitation agency or agencies in the primary State or States to
p.000248: be affected by the proposed activities.
p.000248:
p.000248: (Authority: Secs. 204(c) and 306(i); 29 U.S.C. 762(c) and 766(a))
p.000248:
p.000248: Subpart F—How Does the Secretary Make an Award?
p.000248: § 350.50 What is the peer review proc- ess for this Program?
...
p.000252: (i) The extent to which the key per- sonnel and other key staff have appro- priate training and
p.000252: experience in dis- ciplines required to conduct all pro- posed activities.
p.000252: (ii) The extent to which the commit- ment of staff time is adequate to ac- complish all the
p.000252: proposed activities of the project.
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p.000253:
p.000253:
p.000253:
p.000253:
p.000253:
p.000253:
p.000253:
p.000253:
p.000253:
p.000253: § 350.55
p.000253: (iii) The extent to which the key per- sonnel are knowledgeable about the methodology and
p.000253: literature of perti- nent subject areas.
p.000253: (iv) The extent to which the project staff includes outstanding scientists in the field.
p.000253: (v) The extent to which key per- sonnel have up-to-date knowledge from research or effective
p.000253: practice in the subject area covered in the priority.
p.000253: (o) Adequacy and accessibility of re- sources. (1) The Secretary considers the adequacy and
p.000253: accessibility of the appli- cant’s resources to implement the pro- posed project.
p.000253: (2) In determining the adequacy and accessibility of resources, the Sec- retary considers one
p.000253: or more of the fol- lowing factors:
p.000253: (i) The extent to which the applicant is committed to provide adequate fa- cilities, equipment, other
p.000253: resources, in- cluding administrative support, and laboratories, if appropriate.
p.000253: (ii) The quality of an applicant’s past performance in carrying out a grant.
p.000253: (iii) The extent to which the appli- cant has appropriate access to clinical populations and
p.000253: organizations rep- resenting individuals with disabilities to support advanced clinical rehabilita- tion
p.000253: research.
p.000253: (iv) The extent to which the facili- ties, equipment, and other resources are appropriately
p.000253: accessible to individ- uals with disabilities who may use the facilities, equipment, and other re-
p.000253: sources of the project.
p.000253: (Approved by the Office of Management and Budget under control number 1820–0027)
p.000253: (Authority: Secs. 202 and 204; 29 U.S.C. 761a
p.000253: and 762)
p.000253:
p.000253: § 350.55 What are the additional con- siderations for selecting Field-Initi- ated Project applications for
p.000253: fund- ing?
p.000253: (a) The Secretary reserves funds to support some or all of the Field-Initi- ated Project
p.000253: applications that have been awarded points totaling 80% or more of the maximum possible points
p.000253: under the procedures described in
p.000253: § 350.53.
p.000253: (b) In making a final selection of ap- plications to support as Field-Initiated Projects, the Secretary
p.000253: considers the extent to which applications that have
p.000253:
p.000253: 34 CFR Ch. III (7–1–02 Edition)
p.000253: been awarded a rating of 80% or more of the maximum possible points and meet one or more of the
p.000253: following con- ditions:
p.000253: (1) The proposed project represents a unique opportunity to advance reha- bilitation knowledge to
p.000253: improve the lives of individuals with disabilities.
p.000253: (2) The proposed project com- plements research already planned or funded by the
...
Social / Age
Searching for indicator age:
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p.000252: (m) Plan of evaluation. (1) The Sec- retary considers the quality of the plan of evaluation.
p.000252: (2) In determining the quality of the plan of evaluation, the Secretary con- siders one or more of the
p.000252: following fac- tors:
p.000252: (i) The extent to which the plan of evaluation provides for periodic assess- ment of progress
p.000252: toward—
p.000252: (A) Implementing the plan of oper- ation; and
p.000252: (B) Achieving the project’s intended outcomes and expected impacts.
p.000252: (ii) The extent to which the plan of evaluation will be used to improve the performance of the project
p.000252: through the feedback generated by its periodic as- sessments.
p.000252: (iii) The extent to which the plan of evaluation provides for periodic assess- ment of a project’s
p.000252: progress that is based on identified performance meas- ures that—
p.000252: (A) Are clearly related to the in- tended outcomes of the project and ex- pected impacts
p.000252: on the target popu- lation; and
p.000252: (B) Are objective, and quantifiable or qualitative, as appropriate.
p.000252: (n) Project staff. (1) The Secretary considers the quality of the project staff.
p.000252: (2) In determining the quality of the project staff, the Secretary considers the extent to which the
p.000252: applicant en- courages applications for employment from persons who are members of groups that
p.000252: have traditionally been underrepresented based on race, color, national origin, gender, age,
p.000252: or dis- ability.
p.000252: (3) In addition, the Secretary con- siders one or more of the following:
p.000252: (i) The extent to which the key per- sonnel and other key staff have appro- priate training and
p.000252: experience in dis- ciplines required to conduct all pro- posed activities.
p.000252: (ii) The extent to which the commit- ment of staff time is adequate to ac- complish all the
p.000252: proposed activities of the project.
p.000253: 253
p.000253:
p.000253:
p.000253:
p.000253:
p.000253:
p.000253:
p.000253:
p.000253:
p.000253:
p.000253: § 350.55
p.000253: (iii) The extent to which the key per- sonnel are knowledgeable about the methodology and
p.000253: literature of perti- nent subject areas.
p.000253: (iv) The extent to which the project staff includes outstanding scientists in the field.
p.000253: (v) The extent to which key per- sonnel have up-to-date knowledge from research or effective
p.000253: practice in the subject area covered in the priority.
p.000253: (o) Adequacy and accessibility of re- sources. (1) The Secretary considers the adequacy and
p.000253: accessibility of the appli- cant’s resources to implement the pro- posed project.
p.000253: (2) In determining the adequacy and accessibility of resources, the Sec- retary considers one
p.000253: or more of the fol- lowing factors:
p.000253: (i) The extent to which the applicant is committed to provide adequate fa- cilities, equipment, other
p.000253: resources, in- cluding administrative support, and laboratories, if appropriate.
p.000253: (ii) The quality of an applicant’s past performance in carrying out a grant.
...
Social / Child
Searching for indicator children:
(return to top)
p.000241: Program:
p.000241: (a) The Education Department Gen- eral Administrative Regulations (EDGAR) as follows:
p.000241: (1) 34 CFR part 74 (Administration of Grants and Agreements with Institu- tions of Higher
p.000241: Education, Hospitals, and Other Non-profit Organizations).
p.000241: (2) 34 CFR part 75 (Direct Grant Pro- grams).
p.000241: (3) 34 CFR part 77 (Definitions that Apply to Department Regulations).
p.000241: (4) 34 CFR part 80 (Uniform Adminis- trative Requirements for Grants and
p.000241:
p.000241: 34 CFR Ch. III (7–1–02 Edition)
p.000241: Cooperative Agreements to State and Local Governments).
p.000241: (5) 34 CFR part 81 (General Education Provisions Act—Enforcement).
p.000241: (6) 34 CFR part 82 (New Restrictions on Lobbying).
p.000241: (7) 34 CFR part 85 (Governmentwide Debarment and Suspension (Non- procurement) and
p.000241: Governmentwide Re- quirements for Drug-Free Workplace (Grants)).
p.000241: (8) 34 CFR part 86 (Drug-Free Schools and Campuses).
p.000241: (b) The regulations in this part 350. (c)(1) Subject to the additional re-
p.000241: quirement in paragraph (c)(2) of this section, 34 CFR part 97 (Protection of Human Subjects).
p.000241: (2) If an institutional review board (IRB) reviews research that purpose- fully requires
p.000241: inclusion of children with disabilities or individuals with mental disabilities as research
p.000241: sub- jects, the IRB must have at least one member who is primarily concerned with the welfare
p.000241: of these research sub- jects.
p.000241: (Authority: 29 U.S.C. 761a, 762, 42 U.S.C. 300v– 1(b))
p.000241:
p.000241: § 350.5 What definitions apply?
p.000241: (a) The following definitions in 34 CFR part 77 apply to this part—
p.000241: Applicant Application Award Budget Department EDGAR
p.000241: Equipment Facilities Grant Grantee Nonprofit Private Project Project period Public Recipient Secretary Supplies State
p.000241: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000241: (b) The following definitions also apply to this part.
p.000242: 242
p.000242:
p.000242:
p.000242:
p.000242:
p.000242:
p.000242:
p.000242:
p.000242:
p.000242: Off. of Spec. Educ. and Rehab. Services, Education § 350.5
p.000242:
p.000242:
p.000242: Act means the Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), as amended.
p.000242: (Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1))
p.000242: Assistive technology device means any item, piece of equipment, or product system, whether
p.000242: acquired commer- cially or off the shelf, modified, or cus- tomized, that is used to increase, main-
p.000242: tain, or improve functional capabilities of individuals with disabilities.
...
Social / Occupation
Searching for indicator job:
(return to top)
p.000242: disorders (including stroke and epilepsy), paraplegia, quadriplegia, other spinal cord
p.000242: impairments, sickle cell anemia, specific learning dis- ability, end-stage renal disease, or an-
p.000242: other disability or combination of dis- abilities determined on the basis of an assessment of
p.000242: rehabilitation needs to cause comparable substantial func- tional limitation; or
p.000242: (2) An individual with a severe men- tal or physical impairment whose abil- ity to function
p.000242: independently in the family or community or whose ability to obtain, maintain, or advance in em-
p.000242: ployment is substantially limited and for whom the delivery of independent living services will
p.000242: improve the ability to function, continue functioning, or move towards functioning independ- ently
p.000242: in the family or community or to continue in employment, respectively.
p.000242: (Authority: Sec. 7(15)(C); 29 U.S.C. 706(15)(C))
p.000243: 243
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243: § 350.10
p.000243: Personal assistance services means a range of services, provided by one or more persons, designed
p.000243: to assist an in- dividual with a disability to perform daily living activities, on and off
p.000243: the job, that the individual would typically perform if the individual did not have a disability. These
p.000243: services must be de- signed to increase the individual’s con- trol in life and ability to perform ev-
p.000243: eryday activities on and off the job.
p.000243: (Authority: Sec. 12(c); 29 U.S.C. 711(c))
p.000243: Rehabilitation technology means the systematic application of technologies, engineering methodologies,
p.000243: or sci- entific principles to meet the needs of and address the barriers confronted by individuals
p.000243: with disabilities in such areas as education, rehabilitation, em- ployment, transportation, independent
p.000243: living, and recreation, and includes re- habilitation engineering, assistive technology devices,
p.000243: and assistive tech- nology services.
p.000243: (Authority: Sec. 7(13); 29 U.S.C. 706(13))
p.000243: Research is classified on a continuum from basic to applied:
p.000243: (1) Basic research is research in which the investigator is concerned primarily with gaining new knowledge
p.000243: or under- standing of a subject without reference to any immediate application or util- ity.
p.000243: (2) Applied research is research in which the investigator is primarily in- terested in
p.000243: developing new knowledge, information or understanding which can be applied to a predetermined reha-
p.000243: bilitation problem or need. Applied re- search builds on selected findings from basic research.
p.000243: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000243: State rehabilitation agency means the sole State agency designated to admin- ister (or supervise local
...
Social / Racial Minority
Searching for indicator minority:
(return to top)
p.000240: 350.18 What must a grantee do in carrying out a dissemination activity?
p.000240: 350.19 What must a grantee do in carrying out a technical assistance activity?
p.000240:
p.000240: Subpart C—What Rehabilitation Research and Training Centers Does the Sec- retary Assist?
p.000240: 350.20 What general requirements must a Rehabilitation Research and Training Center meet?
p.000240: 350.21 What collaboration must a Rehabili- tation Research and Training Center en- gage in?
p.000240: 350.22 What activities must a Rehabilita- tion Research and Training Center con- duct?
p.000240: 350.23 What restriction exists on Rehabilita- tion Research and Training Centers re- garding indirect
p.000240: costs?
p.000240:
p.000240: Subpart D—What Rehabilitation Engineer- ing Research Centers Does the Sec- retary Assist?
p.000240: 350.30 What requirements must a Rehabili- tation Engineering Research Center meet?
p.000240: 350.31 What collaboration must a Rehabili- tation Engineering Research Center en- gage in?
p.000240: 350.32 What activities must a Rehabilita- tion Engineering Research Center con- duct?
p.000240: 350.33 What cooperation requirements must a Rehabilitation Engineering Research Center meet?
p.000240: 350.34 Which Rehabilitation Engineering Research Centers must have an advisory committee?
p.000240: 350.35 What are the requirements for the composition of an advisory committee?
p.000240:
p.000240: Subpart E—How Does One Apply for an Award?
p.000240: 350.40 What is required of each applicant re- garding the needs of individuals with dis- abilities from
p.000240: minority backgrounds?
p.000240: 350.41 What State agency review must an applicant under the Disability and Reha- bilitation
p.000240: Research Projects and Centers Program obtain?
p.000240: Subpart F—How Does the Secretary Make an Award?
p.000240: 350.50 What is the peer review process for this Program?
p.000240: 350.51 What is the purpose of peer review?
p.000240: 350.52 What is the composition of a peer re- view panel?
p.000240: 350.53 How does the Secretary evaluate an application?
p.000240: 350.54 What selection criteria does the Sec- retary use in evaluating an application?
p.000240: 350.55 What are the additional consider- ations for selecting Field-Initiated Project
p.000240: applications for funding?
p.000240:
p.000240: Subpart G—What Conditions Must Be Met After an Award?
p.000240: 350.60 How must a grantee conduct activi- ties?
p.000240: 350.61 What evaluation requirements must a grantee meet?
p.000240: 350.62 What are the matching requirements?
p.000240: 350.63 What are the requirements of a grant- ee relative to the Client Assistance Pro- gram?
p.000240: 350.64 What is the required duration of the training in an Advanced Rehabilitation Research Training
p.000240: Project?
p.000240: 350.65 What level of participation is re- quired of trainees in an Advanced Reha- bilitation
p.000240: Research Training Project?
p.000240: 350.66 What must a grantee include in a pat- ent application?
p.000240: AUTHORITY: Sec. 204; 29 U.S.C. 761–762, un-
p.000240: less otherwise noted.
p.000240: SOURCE: 62 FR 5713, Feb. 6, 1997, unless oth-
p.000240: erwise noted.
p.000240:
...
p.000247:
p.000247: § 350.34 Which Rehabilitation Engi- neering Research Centers must have an advisory committee?
p.000247: A Rehabilitation Engineering Re- search Center conducting research or demonstration activities
p.000247: that facili- tate service delivery systems change must have an advisory committee.
p.000247: (Authority: Sec. 204 (b)(3)(D); 29 U.S.C. 762 (b)(3)(D))
p.000247:
p.000247: § 350.35 What are the requirements for the composition of an advisory com- mittee?
p.000247: The majority of a Rehabilitation En- gineering Research Center advisory committee’s members must
p.000247: be com- prised of individuals with disabilities who are users of rehabilitation tech- nology,
p.000247: or their parents, family mem- bers, guardians, advocates, or author- ized representatives.
p.000247: (Authority: Sec. 204(b)(3)(D); 29 U.S.C. 762(b)(3)(D))
p.000247:
p.000247: 34 CFR Ch. III (7–1–02 Edition)
p.000247: Subpart E—How Does One Apply for an Award?
p.000247: § 350.40 What is required of each ap- plicant regarding the needs of indi- viduals with disabilities from
p.000247: mi- nority backgrounds?
p.000247: (a) Unless the Secretary indicates otherwise in a notice published in the FEDERAL REGISTER, an
p.000247: applicant for as- sistance under this program must dem- onstrate in its application how it will address,
p.000247: in whole or in part, the needs of individuals with disabilities from minority backgrounds.
p.000247: (b) The approaches an applicant may take to meet this requirement may in- clude one or more of the
p.000247: following:
p.000247: (1) Proposing project objectives ad- dressing the needs of individuals with disabilities from
p.000247: minority back- grounds.
p.000247: (2) Demonstrating that the project will address a problem that is of par- ticular significance to
p.000247: individuals with disabilities from minority back- grounds.
p.000247: (3) Demonstrating that individuals from minority backgrounds will be in- cluded in study samples
p.000247: in sufficient numbers to generate information perti- nent to individuals with disabilities from
p.000247: minority backgrounds.
p.000247: (4) Drawing study samples and pro- gram participant rosters from popu- lations or areas
p.000247: that include individ- uals from minority backgrounds.
p.000247: (5) Providing outreach to individuals with disabilities from minority back- grounds to ensure that they
p.000247: are aware of rehabilitation services, clinical care, or training offered by the project.
p.000247: (6) Disseminating materials to or otherwise increasing the access to dis- ability information
p.000247: among minority populations.
p.000247: (Approved by the Office of Management and Budget under control number 1820–0027)
p.000247: (Authority: Sec. 21(b)(6); 29 U.S.C. 718b(b)(6))
p.000247:
p.000247: § 350.41 What State agency review must an applicant under the Dis- ability and Rehabilitation Research
p.000247: Projects and Centers Program ob- tain?
p.000247: (a) An applicant that proposes to conduct research, demonstrations, or
p.000247:
p.000247:
p.000248: 248
p.000248:
p.000248:
p.000248:
p.000248:
p.000248:
p.000248:
p.000248:
p.000248:
p.000248: Off. of Spec. Educ. and Rehab. Services, Education § 350.53
p.000248:
p.000248:
p.000248: related activities that will either in- volve clients of the State vocational rehabilitation
p.000248: agency as research sub- jects or study vocational rehabilitation services or techniques under this
p.000248: pro- gram, shall follow the requirements in 34 CFR 75.155 through 75.159.
p.000248: (b) For the purposes of this Program,
p.000248: State as used in 34 CFR 75.155 through
p.000248: 75.159 means the State rehabilitation agency or agencies in the primary State or States to
p.000248: be affected by the proposed activities.
p.000248:
p.000248: (Authority: Secs. 204(c) and 306(i); 29 U.S.C. 762(c) and 766(a))
p.000248:
p.000248: Subpart F—How Does the Secretary Make an Award?
p.000248: § 350.50 What is the peer review proc- ess for this Program?
p.000248: (a) The Secretary refers each applica- tion for a grant governed by those reg- ulations in this part to
...
Searching for indicator race:
(return to top)
p.000252: effectively carry out the ac- tivities in an efficient manner.
p.000252: (m) Plan of evaluation. (1) The Sec- retary considers the quality of the plan of evaluation.
p.000252: (2) In determining the quality of the plan of evaluation, the Secretary con- siders one or more of the
p.000252: following fac- tors:
p.000252: (i) The extent to which the plan of evaluation provides for periodic assess- ment of progress
p.000252: toward—
p.000252: (A) Implementing the plan of oper- ation; and
p.000252: (B) Achieving the project’s intended outcomes and expected impacts.
p.000252: (ii) The extent to which the plan of evaluation will be used to improve the performance of the project
p.000252: through the feedback generated by its periodic as- sessments.
p.000252: (iii) The extent to which the plan of evaluation provides for periodic assess- ment of a project’s
p.000252: progress that is based on identified performance meas- ures that—
p.000252: (A) Are clearly related to the in- tended outcomes of the project and ex- pected impacts
p.000252: on the target popu- lation; and
p.000252: (B) Are objective, and quantifiable or qualitative, as appropriate.
p.000252: (n) Project staff. (1) The Secretary considers the quality of the project staff.
p.000252: (2) In determining the quality of the project staff, the Secretary considers the extent to which the
p.000252: applicant en- courages applications for employment from persons who are members of groups that
p.000252: have traditionally been underrepresented based on race, color, national origin, gender, age,
p.000252: or dis- ability.
p.000252: (3) In addition, the Secretary con- siders one or more of the following:
p.000252: (i) The extent to which the key per- sonnel and other key staff have appro- priate training and
p.000252: experience in dis- ciplines required to conduct all pro- posed activities.
p.000252: (ii) The extent to which the commit- ment of staff time is adequate to ac- complish all the
p.000252: proposed activities of the project.
p.000253: 253
p.000253:
p.000253:
p.000253:
p.000253:
p.000253:
p.000253:
p.000253:
p.000253:
p.000253:
p.000253: § 350.55
p.000253: (iii) The extent to which the key per- sonnel are knowledgeable about the methodology and
p.000253: literature of perti- nent subject areas.
p.000253: (iv) The extent to which the project staff includes outstanding scientists in the field.
p.000253: (v) The extent to which key per- sonnel have up-to-date knowledge from research or effective
p.000253: practice in the subject area covered in the priority.
p.000253: (o) Adequacy and accessibility of re- sources. (1) The Secretary considers the adequacy and
p.000253: accessibility of the appli- cant’s resources to implement the pro- posed project.
p.000253: (2) In determining the adequacy and accessibility of resources, the Sec- retary considers one
p.000253: or more of the fol- lowing factors:
p.000253: (i) The extent to which the applicant is committed to provide adequate fa- cilities, equipment, other
p.000253: resources, in- cluding administrative support, and laboratories, if appropriate.
...
Social / education
Searching for indicator education:
(return to top)
p.000240: as appropriate.
p.000240: (3) The competition shall be open to entities with the same expertise and ability to provide
p.000240: legal services as a system in § 345.30(b)(12). The competi- tion shall ensure public involvement,
p.000240: including a public hearing and ade- quate opportunity for public comment.
p.000240: (Authority: 29 U.S.C. 2215(d); section 105(d) of the Act)
p.000240:
p.000240: PART 350—DISABILITY AND REHA- BILITATION RESEARCH PROJECTS AND CENTERS PROGRAM
p.000240: Subpart A—General
p.000240: Sec.
p.000240: 350.1 What is the Disability and Rehabilita- tion Research Projects and Centers Pro- gram?
p.000240: 350.2 What is the purpose of the Disability and Rehabilitation Research Project and Centers Program?
p.000240: 350.3 Who is eligible for an award?
p.000240: 350.4 What regulations apply?
p.000240: 350.5 What definitions apply?
p.000240: Subpart B—What Projects Does the Secretary Assist?
p.000240: 350.10 What are the general requirements for Disability and Rehabilitation Re- search Projects?
p.000240: 350.11 What are the general requirements for a Field-Initiated Project?
p.000240: 350.12 What are the general requirements for an Advanced Rehabilitation Research Training Project?
p.000240: 240
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240: Off. of Spec. Educ. and Rehab. Services, Education § 350.1
p.000240:
p.000240:
p.000240: 350.13 What must a grantee do in carrying out a research activity?
p.000240: 350.14 What must a grantee do in carrying out a training activity?
p.000240: 350.15 What must a grantee do in carrying out a demonstration activity?
p.000240: 350.16 What must a grantee do in carrying out a development activity?
p.000240: 350.17 What must a grantee do in carrying out a utilization activity?
p.000240: 350.18 What must a grantee do in carrying out a dissemination activity?
p.000240: 350.19 What must a grantee do in carrying out a technical assistance activity?
p.000240:
p.000240: Subpart C—What Rehabilitation Research and Training Centers Does the Sec- retary Assist?
p.000240: 350.20 What general requirements must a Rehabilitation Research and Training Center meet?
p.000240: 350.21 What collaboration must a Rehabili- tation Research and Training Center en- gage in?
p.000240: 350.22 What activities must a Rehabilita- tion Research and Training Center con- duct?
p.000240: 350.23 What restriction exists on Rehabilita- tion Research and Training Centers re- garding indirect
p.000240: costs?
p.000240:
p.000240: Subpart D—What Rehabilitation Engineer- ing Research Centers Does the Sec- retary Assist?
p.000240: 350.30 What requirements must a Rehabili- tation Engineering Research Center meet?
p.000240: 350.31 What collaboration must a Rehabili- tation Engineering Research Center en- gage in?
p.000240: 350.32 What activities must a Rehabilita- tion Engineering Research Center con- duct?
p.000240: 350.33 What cooperation requirements must a Rehabilitation Engineering Research Center meet?
...
p.000241: 241
p.000241:
p.000241:
p.000241:
p.000241:
p.000241:
p.000241:
p.000241:
p.000241:
p.000241:
p.000241: § 350.2
p.000241: (2) Rehabilitation Engineering Re- search Centers.
p.000241: (Authority: Sec. 204; 29 U.S.C. 762)
p.000241:
p.000241: § 350.2 What is the purpose of the Dis- ability and Rehabilitation Research Project and Centers Program?
p.000241: The purpose of the Disability and Re- habilitation Research Project and Cen- ters Program is to plan and
p.000241: conduct re- search, demonstration projects, train- ing, and related activities, including international
p.000241: activities, to—
p.000241: (a) Develop methods, procedures, and rehabilitation technology, that maxi- mize the full inclusion and
p.000241: integration into society, employment, independent living, family support, and economic and social
p.000241: self-sufficiency of individ- uals with disabilities, especially indi- viduals with the most severe
p.000241: disabil- ities; and
p.000241: (b) Improve the effectiveness of serv- ices authorized under the Act.
p.000241: (Authority: Secs. 204(a) and (b)(6); 29 U.S.C. 762(a) and (b)(6))
p.000241: § 350.3 Who is eligible for an award?
p.000241: The following entities are eligible for an award under this program:
p.000241: (a) States.
p.000241: (b) Public or private agencies, includ- ing for-profit agencies.
p.000241: (c) Public or private organizations, including for-profit organizations.
p.000241: (d) Institutions of higher education.
p.000241: (e) Indian tribes and tribal organiza- tions.
p.000241: (Authority: Sec. 204(a); 29 U.S.C. 762(a))
p.000241: § 350.4 What regulations apply?
p.000241: The following regulations apply to the Disability and Rehabilitation Re- search Projects and Centers
p.000241: Program:
p.000241: (a) The Education Department Gen- eral Administrative Regulations (EDGAR) as follows:
p.000241: (1) 34 CFR part 74 (Administration of Grants and Agreements with Institu- tions of Higher
p.000241: Education, Hospitals, and Other Non-profit Organizations).
p.000241: (2) 34 CFR part 75 (Direct Grant Pro- grams).
p.000241: (3) 34 CFR part 77 (Definitions that Apply to Department Regulations).
p.000241: (4) 34 CFR part 80 (Uniform Adminis- trative Requirements for Grants and
p.000241:
p.000241: 34 CFR Ch. III (7–1–02 Edition)
p.000241: Cooperative Agreements to State and Local Governments).
p.000241: (5) 34 CFR part 81 (General Education Provisions Act—Enforcement).
p.000241: (6) 34 CFR part 82 (New Restrictions on Lobbying).
p.000241: (7) 34 CFR part 85 (Governmentwide Debarment and Suspension (Non- procurement) and
p.000241: Governmentwide Re- quirements for Drug-Free Workplace (Grants)).
p.000241: (8) 34 CFR part 86 (Drug-Free Schools and Campuses).
p.000241: (b) The regulations in this part 350. (c)(1) Subject to the additional re-
p.000241: quirement in paragraph (c)(2) of this section, 34 CFR part 97 (Protection of Human Subjects).
p.000241: (2) If an institutional review board (IRB) reviews research that purpose- fully requires
p.000241: inclusion of children with disabilities or individuals with mental disabilities as research
p.000241: sub- jects, the IRB must have at least one member who is primarily concerned with the welfare
p.000241: of these research sub- jects.
p.000241: (Authority: 29 U.S.C. 761a, 762, 42 U.S.C. 300v– 1(b))
p.000241:
p.000241: § 350.5 What definitions apply?
p.000241: (a) The following definitions in 34 CFR part 77 apply to this part—
p.000241: Applicant Application Award Budget Department EDGAR
p.000241: Equipment Facilities Grant Grantee Nonprofit Private Project Project period Public Recipient Secretary Supplies State
p.000241: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000241: (b) The following definitions also apply to this part.
p.000242: 242
p.000242:
p.000242:
p.000242:
p.000242:
p.000242:
p.000242:
p.000242:
p.000242:
p.000242: Off. of Spec. Educ. and Rehab. Services, Education § 350.5
p.000242:
p.000242:
p.000242: Act means the Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), as amended.
p.000242: (Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1))
p.000242: Assistive technology device means any item, piece of equipment, or product system, whether
p.000242: acquired commer- cially or off the shelf, modified, or cus- tomized, that is used to increase, main-
p.000242: tain, or improve functional capabilities of individuals with disabilities.
p.000242: (Authority: Sec. 7(23); 29 U.S.C. 706(23))
p.000242: Assistive technology service means any service that directly assists an indi- vidual with a
p.000242: disability in the selec- tion, acquisition, or use of an assistive technology device, including—
p.000242: (1) The evaluation of the needs of an individual with a disability, including a functional evaluation
p.000242: of the indi- vidual in the individual’s customary environment;
p.000242: (2) Purchasing, leasing, or otherwise providing for the acquisition of assist- ive technology devices by
p.000242: individuals with disabilities;
p.000242: (3) Selecting, designing, fitting, cus- tomizing, adapting, applying, main- taining, repairing, or
p.000242: replacing assist- ive technology devices;
p.000242: (4) Coordinating and using other therapies, interventions, or services with assistive
p.000242: technology devices, such as those associated with existing edu- cation and rehabilitation plans and
p.000242: programs;
p.000242: (5) Training or technical assistance for individuals with disabilities, or, if appropriate, their
p.000242: family members, guardians, advocates, or authorized representatives; and
p.000242: (6) Training or technical assistance for professionals (including individuals providing education and
p.000242: rehabilitation services), employers, or other individ- uals who provide services to employ, or are
p.000242: otherwise substantially involved in the major life functions of, individuals with disabilities.
p.000242: (Authority: Sec. 7(24); 29 U.S.C. 706(24))
p.000242: Disability means a physical or mental impairment that substantially limits one or more major life
p.000242: activities.
p.000242: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000242: Individual ith a disability means any individual who:
p.000242:
p.000242: (1) Has a physical or mental impair- ment that substantially limits one or more of the individual’s
p.000242: major life ac- tivities;
p.000242: (2) Has a record of this impairment; or
p.000242: (3) Is regarded as having this impair- ment.
p.000242: (Authority: Sec. 7(8)(B); 29 U.S.C. 706(8)(B))
p.000242: Individual ith a severe disability
p.000242: means—
p.000242: (1)(i) An individual with a disability who has a severe physical or mental impairment that
p.000242: seriously limits one or more functional capacities (such as mobility, communication, self-care,
p.000242: self-direction, interpersonal skills, work tolerance, or work skills) in terms of an
...
p.000242: ployment is substantially limited and for whom the delivery of independent living services will
p.000242: improve the ability to function, continue functioning, or move towards functioning independ- ently
p.000242: in the family or community or to continue in employment, respectively.
p.000242: (Authority: Sec. 7(15)(C); 29 U.S.C. 706(15)(C))
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p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243: § 350.10
p.000243: Personal assistance services means a range of services, provided by one or more persons, designed
p.000243: to assist an in- dividual with a disability to perform daily living activities, on and off
p.000243: the job, that the individual would typically perform if the individual did not have a disability. These
p.000243: services must be de- signed to increase the individual’s con- trol in life and ability to perform ev-
p.000243: eryday activities on and off the job.
p.000243: (Authority: Sec. 12(c); 29 U.S.C. 711(c))
p.000243: Rehabilitation technology means the systematic application of technologies, engineering methodologies,
p.000243: or sci- entific principles to meet the needs of and address the barriers confronted by individuals
p.000243: with disabilities in such areas as education, rehabilitation, em- ployment, transportation, independent
p.000243: living, and recreation, and includes re- habilitation engineering, assistive technology devices,
p.000243: and assistive tech- nology services.
p.000243: (Authority: Sec. 7(13); 29 U.S.C. 706(13))
p.000243: Research is classified on a continuum from basic to applied:
p.000243: (1) Basic research is research in which the investigator is concerned primarily with gaining new knowledge
p.000243: or under- standing of a subject without reference to any immediate application or util- ity.
p.000243: (2) Applied research is research in which the investigator is primarily in- terested in
p.000243: developing new knowledge, information or understanding which can be applied to a predetermined reha-
p.000243: bilitation problem or need. Applied re- search builds on selected findings from basic research.
p.000243: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000243: State rehabilitation agency means the sole State agency designated to admin- ister (or supervise local
p.000243: administration of) the State plan for vocational reha- bilitation services. The term includes the State
p.000243: agency for the blind, if des- ignated as the State agency with re- spect to that part of the
p.000243: plan relating to the vocational rehabilitation of blind individuals.
p.000243: (Authority: Sec. 101(a)(1)(A); 29 U.S.C. 721(a)(1)(A))
...
p.000243: (a) Carry out one or more of the fol- lowing types of activities, as specified in §§ 350.13–350.19:
p.000243: (1) Research.
p.000243: (2) Development.
p.000243: (3) Demonstration.
p.000243: (4) Training.
p.000243: (5) Dissemination.
p.000243: (6) Utilization.
p.000243: (7) Technical assistance.
p.000243: (b) Further one or more of the pur- poses listed in § 350.2.
p.000243: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000243:
p.000243: § 350.11 What are the general require- ments for a Field-Initiated Project?
p.000243: A Field-Initiated Project must—
p.000243: (a) Further one or more of the pur- poses in § 350.2; and
p.000243: (b) Carry out one of the following types of activities:
p.000243: (1) Research.
p.000243: (2) Development.
p.000243: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000243:
p.000243: § 350.12 What are the general require- ments for an Advanced Rehabilita- tion Research Training Project?
p.000243: An Advanced Rehabilitation Re- search Training Project must—
p.000243: (a) Provide research training and ex- perience at an advanced level to indi- viduals with doctorates or
p.000243: similar ad- vanced degrees who have clinical or other relevant experience;
p.000243: (b) Further one or more of the pur- poses in § 350.2; and
p.000243: (c) Carry out all of the following ac- tivities:
p.000243: (1) Recruitment and selection of can- didates for advanced research training.
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p.000244:
p.000244:
p.000244:
p.000244:
p.000244:
p.000244: Off. of Spec. Educ. and Rehab. Services, Education § 350.19
p.000244:
p.000244:
p.000244: (2) Provision of a training program that includes didactic and classroom instruction, is
p.000244: multidisciplinary, and emphasizes scientific methodology, and may involve collaboration among insti- tutions.
p.000244: (3) Provision of research experience, laboratory experience or its equivalent in a community-based research
p.000244: setting, and a practicum that involve each indi- vidual in clinical research and in prac- tical activities
p.000244: with organizations rep- resenting individuals with disabilities.
p.000244: (4) Provision of academic mentorship or guidance, and opportunities for sci- entific collaboration with
p.000244: qualified re- searchers at the host university and other appropriate institutions.
p.000244: (5) Provision of opportunities for par- ticipation in the development of pro- fessional
p.000244: presentations and publica- tions, and for attendance at profes- sional conferences and
p.000244: meetings as ap- propriate for the individual’s field of study and level of experience.
p.000244: (Authority: Sec. 202(k); 29 U.S.C. 761a(k))
p.000244:
p.000244: § 350.13 What must a grantee do in carrying out a research activity?
p.000244: In carrying out a research activity under this program, a grantee shall—
p.000244: (a) Identify one or more hypotheses; and
p.000244: (b) Based on the hypotheses identi- fied, perform an intensive systematic study directed toward—
p.000244: (1) New or full scientific knowledge; or
p.000244: (2) Understanding of the subject or problem studied.
...
p.000245:
p.000245:
p.000245: § 350.20
p.000245: grantee must provide expertise or in- formation for use in problem-solving.
p.000245: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000245:
p.000245: Subpart C—What Rehabilitation Research and Training Cen- ters Does the Secretary Assist?
p.000245: § 350.20 What general requirements must a Rehabilitation Research and Training Center meet?
p.000245: A Rehabilitation Research and Train- ing Center shall—
p.000245: (a) Plan and conduct activities that further one or more of the purposes listed in § 350.2;
p.000245: (b) Serve as a center of national ex- cellence and as a national or regional resource for providers
p.000245: and individuals with disabilities and the parents, fam- ily members, guardians, advocates, or authorized
p.000245: representatives of the indi- viduals;
p.000245: (c) Be of sufficient size, scope, and quality to effectively carry out the ac- tivities in an
p.000245: efficient manner con- sistent with appropriate State and Fed- eral law; and
p.000245: (d) Be able to carry out training ac- tivities either directly or through an- other entity that
p.000245: can provide such training.
p.000245: (Authority: Secs. 204(b) and (b)(2)(K); 29
p.000245: U.S.C. 762(b) and (b)(2)(K))
p.000245:
p.000245: § 350.21 What collaboration must a Re- habilitation Research and Training Center engage in?
p.000245: A Rehabilitation Research and Train- ing Center must be operated by or in collaboration with—
p.000245: (a) One or more institutions of higher education; or
p.000245: (b) One or more providers of rehabili- tation or other appropriate services.
p.000245: (Authority: Sec. 204(b)(2); 29 U.S.C. 762(b)(2))
p.000245:
p.000245: § 350.22 What activities must a Reha- bilitation Research and Training Center conduct?
p.000245: A Rehabilitation Research and Train- ing Center shall—
p.000245: (a) Carry out research activities by conducting coordinated and advanced programs of research in
p.000245: rehabilitation targeted toward the production of new knowledge that will—
p.000245:
p.000245: 34 CFR Ch. III (7–1–02 Edition)
p.000245: (1) Improve rehabilitation method- ology and service delivery systems;
p.000245: (2) Alleviate or stabilize disabling conditions; and
p.000245: (3) Promote maximum social and eco- nomic independence of individuals with disabilities;
p.000245: (b) Conduct training activities by providing training (including graduate, pre-service, and in-service
p.000245: training) to assist—
p.000245: (1) Rehabilitation personnel and other individuals to more effectively provide rehabilitation
p.000245: services; and
p.000245: (2) Rehabilitation research personnel and other rehabilitation personnel to improve their capacity to
p.000245: conduct re- search; and
p.000245: (c) Conduct technical assistance ac- tivities by serving as an informational and technical assistance
p.000245: resource for providers, individuals with disabilities, and the parents, family members,
p.000245: guardians, advocates, or authorized representatives of the individuals with disabilities,
p.000245: through conferences, workshops, public education programs, in-service training programs, and simi- lar
p.000245: activities.
p.000245:
p.000245: § 350.23 What restriction exists on Re- habilitation Research and Training Centers regarding indirect costs?
p.000245: A host institution with which a Re- habilitation Research and Training Center is affiliated
p.000245: may not collect more than fifteen percent of the total grant award as indirect cost charges,
p.000245: notwithstanding the provisions in 34 CFR 75.562.
p.000245: (Authority: Sec. 204(b)(2)(O); 29 U.S.C. 762(b)(2)(O))
p.000245:
p.000245: Subpart D—What Rehabilitation Engineering Research Centers Does the Secretary Assist?
p.000245: § 350.30 What requirements must a Re- habilitation Engineering Research Center meet?
p.000245: A Rehabilitation Engineering Re- search Center shall plan and conduct activities that—
p.000245: (a) Further one or more of the pur- poses listed in § 350.2; and
p.000245: (b)(1) Lead to the development of methods, procedures, and devices that
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p.000246:
p.000246: Off. of Spec. Educ. and Rehab. Services, Education § 350.33
p.000246:
p.000246:
p.000246: will benefit individuals with disabil- ities, especially those with the most se- vere disabilities; or
p.000246: (2) Involve rehabilitation technology and enhance opportunities for meeting the needs of, and addressing
p.000246: the bar- riers confronted by, individuals with disabilities in all aspects of their lives.
p.000246: (Authority: Sec. 204(b)(3); 29 U.S.C. 762(b)(3))
p.000246:
p.000246: § 350.31 What collaboration must a Re- habilitation Engineering Research Center engage in?
p.000246: A Rehabilitation Engineering Re- search Center must be operated by or in collaboration with—
p.000246: (a) One or more institutions of higher education; or
p.000246: (b) One or more nonprofit organiza- tions.
p.000246: (Authority: Sec. 204(b)(3); 29 U.S.C. 762(b)(3))
p.000246:
p.000246: § 350.32 What activities must a Reha- bilitation Engineering Research Center conduct?
p.000246: A Rehabilitation Engineering Re- search Center shall—
p.000246: (a) Conduct research or demonstra- tion activities by using one or more of the following strategies:
p.000246: (1) Developing and disseminating in- novative methods of applying advanced technology, scientific
p.000246: achievement, and psychological and social knowl- edge to solve rehabilitation problems and
p.000246: remove environmental barriers through—
p.000246: (i) Planning and conducting research, including cooperative research with public or private agencies
p.000246: and organi- zations, designed to produce new sci- entific knowledge and new or improved methods,
p.000246: equipment, or devices; and
p.000246: (ii) Studying and evaluating new or emerging technologies, products, or en- vironments and their
p.000246: effectiveness and benefits.
p.000246: (2) Demonstrating and dissemi- nating—
p.000246: (i) Innovative models for the delivery to rural and urban areas of cost-effec- tive rehabilitation
p.000246: technology services that will promote the use of assistive technology services; and
p.000246: (ii) Other scientific research to assist in meeting the employment and inde- pendent living needs of
p.000246: individuals with severe disabilities.
p.000246:
p.000246: (3) Conducting research and dem- onstration activities that facilitate service delivery
p.000246: systems change by demonstrating, evaluating, docu- menting, and disseminating—
p.000246: (i) Consumer-responsive and indi- vidual and family-centered innovative models for the delivery,
p.000246: to both rural and urban areas, of innovative, cost-ef- fective rehabilitation technology serv- ices that
p.000246: promote use of rehabilitation technology; and
p.000246: (ii) Other scientific research to assist in meeting the employment and inde- pendent living needs of, and
p.000246: addressing the barriers confronted by individuals with disabilities, including individuals with severe
p.000246: disabilities;
p.000246: (b) To the extent consistent with the nature and type of research or dem- onstration activities
p.000246: described in para- graph (a) of this section, carry out re- search, training, and information dis-
p.000246: semination activities by—
p.000246: (1) Providing training opportunities to individuals, including individuals with disabilities, to
p.000246: enable them to be- come rehabilitation technology re- searchers and practitioners of rehabili-
p.000246: tation technology in conjunction with institutions of higher education and nonprofit organizations;
p.000246: and
p.000246: (2) Responding, through research or demonstration activities, to the needs of individuals with all
p.000246: types of disabil- ities who may benefit from the applica- tion of technology within the subject area
p.000246: of focus of the Center.
p.000246: (c) Conduct orientation seminars for rehabilitation service personnel to im- prove the application of
p.000246: rehabilitation technology;
p.000246: (d) Conduct activities that specifi- cally demonstrate means for utilizing rehabilitation
p.000246: technology; and
p.000246: (e) Provide technical assistance and consultation that are responsive to concerns of service
p.000246: providers and con- sumers.
p.000246: (Authority: Sec. 204(b)(3); 29 U.S.C. 762(b)(3))
p.000246:
p.000246: § 350.33 What cooperation require- ments must a Rehabilitation Engi- neering Research Center meet?
p.000246: A Rehabilitation Engineering Re- search Center—
p.000246: (a) Shall cooperate with State agen- cies and other local, State, regional,
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p.000247:
p.000247:
p.000247:
p.000247:
p.000247:
p.000247:
p.000247: § 350.34
p.000247: and national programs and organiza- tions developing or delivering rehabili- tation technology, including
p.000247: State pro- grams funded under the Technology- Related Assistance for Individuals With
p.000247: Disabilities Act of 1988 (29 U.S.C. 2201 et seq.); and
p.000247: (b) To the extent consistent with the nature and type of research or dem- onstration activities
p.000247: described in
...
p.000247: in sufficient numbers to generate information perti- nent to individuals with disabilities from
p.000247: minority backgrounds.
p.000247: (4) Drawing study samples and pro- gram participant rosters from popu- lations or areas
p.000247: that include individ- uals from minority backgrounds.
p.000247: (5) Providing outreach to individuals with disabilities from minority back- grounds to ensure that they
p.000247: are aware of rehabilitation services, clinical care, or training offered by the project.
p.000247: (6) Disseminating materials to or otherwise increasing the access to dis- ability information
p.000247: among minority populations.
p.000247: (Approved by the Office of Management and Budget under control number 1820–0027)
p.000247: (Authority: Sec. 21(b)(6); 29 U.S.C. 718b(b)(6))
p.000247:
p.000247: § 350.41 What State agency review must an applicant under the Dis- ability and Rehabilitation Research
p.000247: Projects and Centers Program ob- tain?
p.000247: (a) An applicant that proposes to conduct research, demonstrations, or
p.000247:
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p.000248:
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p.000248:
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p.000248:
p.000248: Off. of Spec. Educ. and Rehab. Services, Education § 350.53
p.000248:
p.000248:
p.000248: related activities that will either in- volve clients of the State vocational rehabilitation
p.000248: agency as research sub- jects or study vocational rehabilitation services or techniques under this
p.000248: pro- gram, shall follow the requirements in 34 CFR 75.155 through 75.159.
p.000248: (b) For the purposes of this Program,
p.000248: State as used in 34 CFR 75.155 through
p.000248: 75.159 means the State rehabilitation agency or agencies in the primary State or States to
p.000248: be affected by the proposed activities.
p.000248:
p.000248: (Authority: Secs. 204(c) and 306(i); 29 U.S.C. 762(c) and 766(a))
p.000248:
p.000248: Subpart F—How Does the Secretary Make an Award?
p.000248: § 350.50 What is the peer review proc- ess for this Program?
p.000248: (a) The Secretary refers each applica- tion for a grant governed by those reg- ulations in this part to
p.000248: a peer review panel established by the Secretary.
p.000248: (b) Peer review panels review applica- tions on the basis of the applicable se- lection criteria in §
p.000248: 350.54.
p.000248: (Authority: Sec. 202(e); 29 U.S.C. 761a(e))
p.000248:
p.000248: § 350.51 What is the purpose of peer review?
p.000248: The purpose of peer review is to in- sure that—
p.000248: (a) Those activities supported by the National Institute on Disability and Rehabilitation Research
p.000248: (NIDRR) are of the highest scientific, administra- tive, and technical quality; and
p.000248: (b) Activity results may be widely applied to appropriate target popu- lations and
p.000248: rehabilitation problems.
p.000248: (Authority: Sec. 202(e); 29 U.S.C. 761a(e))
p.000248:
p.000248: § 350.52 What is the composition of a peer review panel?
p.000248: (a) The Secretary selects as members of a peer review panel scientists and other experts in
p.000248: rehabilitation or re- lated fields who are qualified, on the basis of training, knowledge, or
p.000248: experi- ence, to give expert advice on the merit of the applications under review.
p.000248: (b) Applications for awards of $60,000 or more, except those for the purposes of evaluation,
p.000248: dissemination of infor- mation, or conferences, must be re-
p.000248:
p.000248: viewed by a peer review panel that con- sists of a majority of non-Federal members.
p.000248: (c) In selecting members to serve on a peer review panel, the Secretary takes into account all
p.000248: of the following factors:
p.000248: (1) The level of formal scientific or technical education completed by po- tential panel members.
p.000248: (2)(i) The extent to which potential panel members have engaged in sci- entific, technical, or
p.000248: administrative ac- tivities appropriate to the category of applications that the panel will con- sider;
p.000248: (ii) The roles of potential panel mem- bers in those activities; and
p.000248: (iii) The quality of those activities.
p.000248: (3) The recognition received by po- tential panel members as reflected by awards and other
p.000248: honors from sci- entific and professional agencies and organizations outside the Department.
p.000248: (4) Whether the panel includes knowl- edgeable individuals with disabilities, or parents, family members,
p.000248: guardians, advocates, or authorized representa- tives of individuals with disabilities.
p.000248: (5) Whether the panel includes indi- viduals from diverse populations.
p.000248: (Authority: Secs. 18 and 202(e); 29 U.S.C. 717 and 761a(e))
p.000248:
p.000248: § 350.53 How does the Secretary evalu- ate an application?
p.000248: (a)(1)(i) The Secretary selects one or more of the selection criteria in § 350.54 to evaluate an
p.000248: application;
p.000248: (ii) The Secretary establishes selec- tion criteria based on statutory provi- sions that apply to the
p.000248: Program which may include, but are not limited to—
p.000248: (A) Specific statutory selection cri- teria;
p.000248: (B) Allowable activities;
p.000248: (C) Application content require- ments; or
p.000248: (D) Other pre-award and post-award conditions; or
...
p.000249: Secretary con- siders one or more of the following fac- tors:
p.000249: (i) The extent to which the applicant addresses all requirements of the abso- lute or competitive
p.000249: priority.
p.000249: (ii) The extent to which the appli- cant’s proposed activities are likely to achieve the purposes
p.000249: of the absolute or competitive priority.
p.000249: (c) Design of research activities. (1) The Secretary considers the extent to which the design of
p.000249: research activities is likely to be effective in accom- plishing the objectives of the project.
p.000249: (2) In determining the extent to which the design is likely to be effec- tive in accomplishing
p.000249: the objectives of the project, the Secretary considers one or more of the following factors:
p.000249: (i) The extent to which the research activities constitute a coherent, sus- tained approach to
p.000249: research in the field, including a substantial addition to the state-of-the-art.
p.000249: (ii) The extent to which the method- ology of each proposed research activ- ity is meritorious, including
p.000249: consider- ation of the extent to which—
p.000249: (A) The proposed design includes a comprehensive and informed review of the current literature,
p.000249: demonstrating knowledge of the state-of-the-art;
p.000249: (B) Each research hypothesis is theo- retically sound and based on current knowledge;
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p.000250: Off. of Spec. Educ. and Rehab. Services, Education § 350.54
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p.000250: (C) Each sample population is appro- priate and of sufficient size;
p.000250: (D) The data collection and measure- ment techniques are appropriate and likely to be effective; and
p.000250: (E) The data analysis methods are appropriate.
p.000250: (iii) The extent to which anticipated research results are likely to satisfy the original hypotheses
p.000250: and could be used for planning additional research, including generation of new hypotheses where
p.000250: applicable.
p.000250: (d) Design of development activities. (1) The Secretary considers the extent to which the design of
p.000250: development ac- tivities is likely to be effective in ac- complishing the objectives of the
p.000250: project.
p.000250: (2)(i) In determining the extent to which the design is likely to be effec- tive in accomplishing
p.000250: the objectives of the project, the Secretary considers one or more of the following factors:
p.000250: (ii) The extent to which the plan for development, clinical testing, and eval- uation of new devices and
p.000250: technology is likely to yield significant products or techniques, including consideration of the extent
p.000250: to which—
p.000250: (A) The proposed project will use the most effective and appropriate tech- nology available in
p.000250: developing the new device or technique;
p.000250: (B) The proposed development is based on a sound conceptual model that demonstrates an
p.000250: awareness of the state-of-the-art in technology;
...
p.000251: the objectives of the project, the Secretary considers one or more of the following factors:
p.000251: (i) The extent to which the potential new users of the information or tech- nology have a practical use
p.000251: for the in- formation and are likely to adopt the practices or use the information or
p.000251: technology, including new devices.
p.000251: (ii) The extent to which the utiliza- tion strategies are likely to be effec- tive.
p.000251: (iii) The extent to which the informa- tion or technology is likely to be of use in other settings.
p.000251: (i) Design of technical assistance activi- ties. (1) The Secretary considers the ex- tent to which the
p.000251: design of technical assistance activities is likely to be ef- fective in accomplishing the objectives
p.000251: of the project.
p.000251: (2) In determining the extent to which the design is likely to be effec- tive in accomplishing
p.000251: the objectives of the project, the Secretary considers one or more of the following factors:
p.000251: (i) The extent to which the methods for providing technical assistance are of sufficient quality,
p.000251: intensity, and du- ration.
p.000251: (ii) The extent to which the informa- tion to be provided through technical assistance covers all of
p.000251: the relevant as- pects of the subject matter.
p.000251: (iii) The extent to which the tech- nical assistance is appropriate to the
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p.000252:
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p.000252:
p.000252:
p.000252:
p.000252: Off. of Spec. Educ. and Rehab. Services, Education § 350.54
p.000252:
p.000252:
p.000252: target population, including consider- ation of the knowledge level of the tar- get population, needs
p.000252: of the target pop- ulation, and format for providing infor- mation.
p.000252: (iv) The extent to which the tech- nical assistance is accessible to indi- viduals with
p.000252: disabilities.
p.000252: (j) Plan of operation. (1) The Secretary considers the quality of the plan of op- eration.
p.000252: (2) In determining the quality of the plan of operation, the Secretary con- siders one or more of
p.000252: the following fac- tors:
p.000252: (i) The adequacy of the plan of oper- ation to achieve the objectives of the proposed project on
p.000252: time and within budget, including clearly defined re- sponsibilities, and timelines for accom-
p.000252: plishing project tasks.
p.000252: (ii) The adequacy of the plan of oper- ation to provide for using resources, equipment, and
p.000252: personnel to achieve each objective.
p.000252: (k) Collaboration. (1) The Secretary considers the quality of collaboration.
p.000252: (2) In determining the quality of col- laboration, the Secretary considers one or more of the following
p.000252: factors:
p.000252: (i) The extent to which the appli- cant’s proposed collaboration with one or more agencies,
p.000252: organizations, or in- stitutions is likely to be effective in achieving the relevant proposed activi-
p.000252: ties of the project.
p.000252: (ii) The extent to which agencies, or- ganizations, or institutions dem- onstrate a
p.000252: commitment to collaborate with the applicant.
...
p.000253:
p.000253: Subpart G—What Conditions Must Be Met After an Award?
p.000253: § 350.60 How must a grantee conduct activities?
p.000253: A grantee must—
p.000253: (a) Conduct all activities in a manner that is accessible to and usable by indi- viduals with
p.000253: disabilities; and
p.000253: (b) If a grantee carries out more than one activity, carry out integrated ac- tivities.
p.000253: (Authority: Secs. 202 and 204(b)(2); 29 U.S.C. 761a and 762(b))
p.000253:
p.000253: § 350.61 What evaluation requirements must a grantee meet?
p.000253: (a) A grantee must establish perform- ance measures for use in its evaluation that—
p.000253: (1) Are clearly related to the—
p.000253: (i) Intended outcomes of the project; and
p.000253: (ii) Expected impacts on the target population; and
p.000253: (2) To the extent possible are quan- tifiable, or are objective and quali- tative.
p.000253: (b) A grantee must make periodic as- sessments of progress that will provide the grantee with performance
p.000253: feedback related to—
p.000253: (1) Progress in implementing the plan of operation; and
p.000253: (2) Progress in achieving the intended outcomes and expected impacts as as- sessed by the established
p.000253: performance measures.
p.000253: (Authority: Secs. 202 and 204; 29 U.S.C. 761a
p.000253: and 762)
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p.000254: Off. of Spec. Educ. and Rehab. Services, Education Pt. 356
p.000254:
p.000254:
p.000254: § 350.62 What are the matching re- quirements?
p.000254: (a)(1) The Secretary may make grants to pay for part of the costs of re- search and
p.000254: demonstration projects that bear directly on the development of procedures, methods, and devices to
p.000254: as- sist the provision of vocational and other rehabilitation services, and re- search training
p.000254: and career development projects.
p.000254: (2) Each grantee must participate in the costs of those projects.
p.000254: (3) The specific amount of cost shar- ing to be borne by each grantee—
p.000254: (i) Is negotiated at the time of the award; and
p.000254: (ii) Is not considered in the selection process.
p.000254: (b)(1) The Secretary may make grants to pay for part or all of the costs of—
p.000254: (i) Establishment and support of Re- habilitation Research and Training Centers and Rehabilitation
p.000254: Engineer- ing Research Centers; and
p.000254: (ii) Specialized research or dem- onstration activities described in sec- tion 204(b)(2)–(16)
p.000254: of the Act.
p.000254: (2) The Secretary determines at the time of the award whether the grantee must pay a portion of
p.000254: the project or center costs.
p.000254: (Authority: Sec. 204; 29 U.S.C. 762)
p.000254:
p.000254: § 350.63 What are the requirements of a grantee relative to the Client As- sistance Program?
p.000254: All Projects and Centers that provide services to individuals with disabilities with funds awarded under
p.000254: this Program must—
...
p.000254: (b) Provide information on the means of seeking assistance under the CAP.
p.000254: (Authority: Sec. 20; 29 U.S.C. 718a)
p.000254:
p.000254: § 350.64 What is the required duration of the training in an Advanced Re- habilitation Research
p.000254: Training Project?
p.000254: A grantee for an Advanced Rehabili- tation Research Training Project shall provide training to individuals
p.000254: that is at least one academic year, unless a longer training period is necessary to ensure that
p.000254: each trainee is qualified to conduct independent research upon completion of the course of
p.000254: training.
p.000254: (Authority: Secs. 202–204; 29 U.S.C. 760–762)
p.000254:
p.000254: § 350.65 What level of participation is required of trainees in an Advanced Rehabilitation Research
p.000254: Training Project?
p.000254: Individuals who are receiving train- ing under an Advanced Rehabilitation Research Training Project
p.000254: shall devote at least eighty percent of their time to the activities of the training program during the
p.000254: training period.
p.000254: (Authority: Secs. 202–204; 29 U.S.C. 760–762)
p.000254:
p.000254: § 350.66 What must a grantee include in a patent application?
p.000254: Any patent application filed by a grantee for an invention made under a grant must include the
p.000254: following state- ment in the first paragraph:
p.000254: The invention described in this application was made under a grant from the Depart- ment of
p.000254: Education.
p.000254: (Authority: 20 U.S.C. 1221e–3)
p.000254:
p.000254: PART 356—DISABILITY AND REHA- BILITATION RESEARCH: RESEARCH FELLOWSHIPS
p.000254: Subpart A—General
p.000254: Sec.
p.000254: 356.1 What is the Research Fellowships Pro- gram?
p.000254: 356.2 Who is eligible for assistance under this program?
p.000254: 356.3 What regulations apply to this pro- gram?
p.000254: 356.4 What definitions apply to this pro- gram?
p.000254: Subpart B—What Kinds of Activities Does the Department Support Under This Program?
p.000254: 356.10 What types of activities are author- ized?
p.000254:
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Social / gender
Searching for indicator gender:
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p.000252: effectively carry out the ac- tivities in an efficient manner.
p.000252: (m) Plan of evaluation. (1) The Sec- retary considers the quality of the plan of evaluation.
p.000252: (2) In determining the quality of the plan of evaluation, the Secretary con- siders one or more of the
p.000252: following fac- tors:
p.000252: (i) The extent to which the plan of evaluation provides for periodic assess- ment of progress
p.000252: toward—
p.000252: (A) Implementing the plan of oper- ation; and
p.000252: (B) Achieving the project’s intended outcomes and expected impacts.
p.000252: (ii) The extent to which the plan of evaluation will be used to improve the performance of the project
p.000252: through the feedback generated by its periodic as- sessments.
p.000252: (iii) The extent to which the plan of evaluation provides for periodic assess- ment of a project’s
p.000252: progress that is based on identified performance meas- ures that—
p.000252: (A) Are clearly related to the in- tended outcomes of the project and ex- pected impacts
p.000252: on the target popu- lation; and
p.000252: (B) Are objective, and quantifiable or qualitative, as appropriate.
p.000252: (n) Project staff. (1) The Secretary considers the quality of the project staff.
p.000252: (2) In determining the quality of the project staff, the Secretary considers the extent to which the
p.000252: applicant en- courages applications for employment from persons who are members of groups that
p.000252: have traditionally been underrepresented based on race, color, national origin, gender, age,
p.000252: or dis- ability.
p.000252: (3) In addition, the Secretary con- siders one or more of the following:
p.000252: (i) The extent to which the key per- sonnel and other key staff have appro- priate training and
p.000252: experience in dis- ciplines required to conduct all pro- posed activities.
p.000252: (ii) The extent to which the commit- ment of staff time is adequate to ac- complish all the
p.000252: proposed activities of the project.
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p.000253:
p.000253: § 350.55
p.000253: (iii) The extent to which the key per- sonnel are knowledgeable about the methodology and
p.000253: literature of perti- nent subject areas.
p.000253: (iv) The extent to which the project staff includes outstanding scientists in the field.
p.000253: (v) The extent to which key per- sonnel have up-to-date knowledge from research or effective
p.000253: practice in the subject area covered in the priority.
p.000253: (o) Adequacy and accessibility of re- sources. (1) The Secretary considers the adequacy and
p.000253: accessibility of the appli- cant’s resources to implement the pro- posed project.
p.000253: (2) In determining the adequacy and accessibility of resources, the Sec- retary considers one
p.000253: or more of the fol- lowing factors:
p.000253: (i) The extent to which the applicant is committed to provide adequate fa- cilities, equipment, other
p.000253: resources, in- cluding administrative support, and laboratories, if appropriate.
...
Social / parents
Searching for indicator parents:
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p.000244: individuals with disabil- ities.
p.000244: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000244:
p.000244: § 350.18 What must a grantee do in carrying out a dissemination activ- ity?
p.000244: In carrying out a dissemination ac- tivity under this program, a grantee must systematically
p.000244: distribute infor- mation or knowledge through a variety of ways to potential users or bene-
p.000244: ficiaries.
p.000244: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000244:
p.000244: § 350.19 What must a grantee do in carrying out a technical assistance activity?
p.000244: In carrying out a technical assist- ance activity under this program, a
p.000244:
p.000244:
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p.000245:
p.000245:
p.000245:
p.000245:
p.000245:
p.000245:
p.000245:
p.000245:
p.000245: § 350.20
p.000245: grantee must provide expertise or in- formation for use in problem-solving.
p.000245: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000245:
p.000245: Subpart C—What Rehabilitation Research and Training Cen- ters Does the Secretary Assist?
p.000245: § 350.20 What general requirements must a Rehabilitation Research and Training Center meet?
p.000245: A Rehabilitation Research and Train- ing Center shall—
p.000245: (a) Plan and conduct activities that further one or more of the purposes listed in § 350.2;
p.000245: (b) Serve as a center of national ex- cellence and as a national or regional resource for providers
p.000245: and individuals with disabilities and the parents, fam- ily members, guardians, advocates, or authorized
p.000245: representatives of the indi- viduals;
p.000245: (c) Be of sufficient size, scope, and quality to effectively carry out the ac- tivities in an
p.000245: efficient manner con- sistent with appropriate State and Fed- eral law; and
p.000245: (d) Be able to carry out training ac- tivities either directly or through an- other entity that
p.000245: can provide such training.
p.000245: (Authority: Secs. 204(b) and (b)(2)(K); 29
p.000245: U.S.C. 762(b) and (b)(2)(K))
p.000245:
p.000245: § 350.21 What collaboration must a Re- habilitation Research and Training Center engage in?
p.000245: A Rehabilitation Research and Train- ing Center must be operated by or in collaboration with—
p.000245: (a) One or more institutions of higher education; or
p.000245: (b) One or more providers of rehabili- tation or other appropriate services.
p.000245: (Authority: Sec. 204(b)(2); 29 U.S.C. 762(b)(2))
p.000245:
p.000245: § 350.22 What activities must a Reha- bilitation Research and Training Center conduct?
p.000245: A Rehabilitation Research and Train- ing Center shall—
p.000245: (a) Carry out research activities by conducting coordinated and advanced programs of research in
p.000245: rehabilitation targeted toward the production of new knowledge that will—
p.000245:
p.000245: 34 CFR Ch. III (7–1–02 Edition)
p.000245: (1) Improve rehabilitation method- ology and service delivery systems;
p.000245: (2) Alleviate or stabilize disabling conditions; and
p.000245: (3) Promote maximum social and eco- nomic independence of individuals with disabilities;
p.000245: (b) Conduct training activities by providing training (including graduate, pre-service, and in-service
p.000245: training) to assist—
p.000245: (1) Rehabilitation personnel and other individuals to more effectively provide rehabilitation
p.000245: services; and
p.000245: (2) Rehabilitation research personnel and other rehabilitation personnel to improve their capacity to
p.000245: conduct re- search; and
p.000245: (c) Conduct technical assistance ac- tivities by serving as an informational and technical assistance
p.000245: resource for providers, individuals with disabilities, and the parents, family members,
p.000245: guardians, advocates, or authorized representatives of the individuals with disabilities,
p.000245: through conferences, workshops, public education programs, in-service training programs, and simi- lar
p.000245: activities.
p.000245:
p.000245: § 350.23 What restriction exists on Re- habilitation Research and Training Centers regarding indirect costs?
p.000245: A host institution with which a Re- habilitation Research and Training Center is affiliated
p.000245: may not collect more than fifteen percent of the total grant award as indirect cost charges,
p.000245: notwithstanding the provisions in 34 CFR 75.562.
p.000245: (Authority: Sec. 204(b)(2)(O); 29 U.S.C. 762(b)(2)(O))
p.000245:
p.000245: Subpart D—What Rehabilitation Engineering Research Centers Does the Secretary Assist?
p.000245: § 350.30 What requirements must a Re- habilitation Engineering Research Center meet?
p.000245: A Rehabilitation Engineering Re- search Center shall plan and conduct activities that—
p.000245: (a) Further one or more of the pur- poses listed in § 350.2; and
p.000245: (b)(1) Lead to the development of methods, procedures, and devices that
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p.000246:
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p.000246:
p.000246:
p.000246:
p.000246: Off. of Spec. Educ. and Rehab. Services, Education § 350.33
p.000246:
p.000246:
...
p.000247: described in
p.000247: § 350.32(a), shall cooperate with the en- tities described in paragraph (a) of this section to provide
p.000247: information to indi- viduals with disabilities and their par- ents, family members, guardians, advo- cates,
p.000247: or authorized representatives, to—
p.000247: (1) Increase awareness and under- standing of how rehabilitation tech- nology can address
p.000247: their needs; and
p.000247: (2) Increase awareness and under- standing of the range of options, pro- grams, services,
p.000247: and resources avail- able, including financing options for the technology and services covered by
p.000247: the subject area of focus of the Center.
p.000247: (Authority: Sec. 204(b)(3) and (c); 29 U.S.C. 762(b)(3) and (c))
p.000247:
p.000247: § 350.34 Which Rehabilitation Engi- neering Research Centers must have an advisory committee?
p.000247: A Rehabilitation Engineering Re- search Center conducting research or demonstration activities
p.000247: that facili- tate service delivery systems change must have an advisory committee.
p.000247: (Authority: Sec. 204 (b)(3)(D); 29 U.S.C. 762 (b)(3)(D))
p.000247:
p.000247: § 350.35 What are the requirements for the composition of an advisory com- mittee?
p.000247: The majority of a Rehabilitation En- gineering Research Center advisory committee’s members must
p.000247: be com- prised of individuals with disabilities who are users of rehabilitation tech- nology,
p.000247: or their parents, family mem- bers, guardians, advocates, or author- ized representatives.
p.000247: (Authority: Sec. 204(b)(3)(D); 29 U.S.C. 762(b)(3)(D))
p.000247:
p.000247: 34 CFR Ch. III (7–1–02 Edition)
p.000247: Subpart E—How Does One Apply for an Award?
p.000247: § 350.40 What is required of each ap- plicant regarding the needs of indi- viduals with disabilities from
p.000247: mi- nority backgrounds?
p.000247: (a) Unless the Secretary indicates otherwise in a notice published in the FEDERAL REGISTER, an
p.000247: applicant for as- sistance under this program must dem- onstrate in its application how it will address,
p.000247: in whole or in part, the needs of individuals with disabilities from minority backgrounds.
p.000247: (b) The approaches an applicant may take to meet this requirement may in- clude one or more of the
p.000247: following:
p.000247: (1) Proposing project objectives ad- dressing the needs of individuals with disabilities from
p.000247: minority back- grounds.
p.000247: (2) Demonstrating that the project will address a problem that is of par- ticular significance to
p.000247: individuals with disabilities from minority back- grounds.
p.000247: (3) Demonstrating that individuals from minority backgrounds will be in- cluded in study samples
p.000247: in sufficient numbers to generate information perti- nent to individuals with disabilities from
...
p.000248:
p.000248: § 350.52 What is the composition of a peer review panel?
p.000248: (a) The Secretary selects as members of a peer review panel scientists and other experts in
p.000248: rehabilitation or re- lated fields who are qualified, on the basis of training, knowledge, or
p.000248: experi- ence, to give expert advice on the merit of the applications under review.
p.000248: (b) Applications for awards of $60,000 or more, except those for the purposes of evaluation,
p.000248: dissemination of infor- mation, or conferences, must be re-
p.000248:
p.000248: viewed by a peer review panel that con- sists of a majority of non-Federal members.
p.000248: (c) In selecting members to serve on a peer review panel, the Secretary takes into account all
p.000248: of the following factors:
p.000248: (1) The level of formal scientific or technical education completed by po- tential panel members.
p.000248: (2)(i) The extent to which potential panel members have engaged in sci- entific, technical, or
p.000248: administrative ac- tivities appropriate to the category of applications that the panel will con- sider;
p.000248: (ii) The roles of potential panel mem- bers in those activities; and
p.000248: (iii) The quality of those activities.
p.000248: (3) The recognition received by po- tential panel members as reflected by awards and other
p.000248: honors from sci- entific and professional agencies and organizations outside the Department.
p.000248: (4) Whether the panel includes knowl- edgeable individuals with disabilities, or parents, family members,
p.000248: guardians, advocates, or authorized representa- tives of individuals with disabilities.
p.000248: (5) Whether the panel includes indi- viduals from diverse populations.
p.000248: (Authority: Secs. 18 and 202(e); 29 U.S.C. 717 and 761a(e))
p.000248:
p.000248: § 350.53 How does the Secretary evalu- ate an application?
p.000248: (a)(1)(i) The Secretary selects one or more of the selection criteria in § 350.54 to evaluate an
p.000248: application;
p.000248: (ii) The Secretary establishes selec- tion criteria based on statutory provi- sions that apply to the
p.000248: Program which may include, but are not limited to—
p.000248: (A) Specific statutory selection cri- teria;
p.000248: (B) Allowable activities;
p.000248: (C) Application content require- ments; or
p.000248: (D) Other pre-award and post-award conditions; or
p.000248: (iii) The Secretary uses a combina- tion of selection criteria established under paragraph
p.000248: (a)(1)(ii) of this sec- tion and selection criteria in § 350.54.
p.000248: (2) For Field-Initiated Projects, the Secretary does not consider § 350.54(b) (Responsiveness to
p.000248: the Absolute or Competitive Priority) in evaluating an application.
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p.000249:
p.000249:
p.000249:
p.000249:
p.000249:
p.000249:
p.000249:
p.000249:
p.000249: § 350.54
p.000249: (b)(1) In considering selection cri- teria in § 350.54, the Secretary selects one or more of
p.000249: the factors listed in the criteria except as provided for in para- graph (b)(2) of this section.
...
p.000254: demonstration projects that bear directly on the development of procedures, methods, and devices to
p.000254: as- sist the provision of vocational and other rehabilitation services, and re- search training
p.000254: and career development projects.
p.000254: (2) Each grantee must participate in the costs of those projects.
p.000254: (3) The specific amount of cost shar- ing to be borne by each grantee—
p.000254: (i) Is negotiated at the time of the award; and
p.000254: (ii) Is not considered in the selection process.
p.000254: (b)(1) The Secretary may make grants to pay for part or all of the costs of—
p.000254: (i) Establishment and support of Re- habilitation Research and Training Centers and Rehabilitation
p.000254: Engineer- ing Research Centers; and
p.000254: (ii) Specialized research or dem- onstration activities described in sec- tion 204(b)(2)–(16)
p.000254: of the Act.
p.000254: (2) The Secretary determines at the time of the award whether the grantee must pay a portion of
p.000254: the project or center costs.
p.000254: (Authority: Sec. 204; 29 U.S.C. 762)
p.000254:
p.000254: § 350.63 What are the requirements of a grantee relative to the Client As- sistance Program?
p.000254: All Projects and Centers that provide services to individuals with disabilities with funds awarded under
p.000254: this Program must—
p.000254: (a) Advise those individuals who are applicants for or recipients of services under the Act, or their
p.000254: parents, family members, guardians, advocates, or au- thorized representatives, of the avail- ability and
p.000254: purposes of the Client As- sistance Program (CAP) funded under the Act; and
p.000254: (b) Provide information on the means of seeking assistance under the CAP.
p.000254: (Authority: Sec. 20; 29 U.S.C. 718a)
p.000254:
p.000254: § 350.64 What is the required duration of the training in an Advanced Re- habilitation Research
p.000254: Training Project?
p.000254: A grantee for an Advanced Rehabili- tation Research Training Project shall provide training to individuals
p.000254: that is at least one academic year, unless a longer training period is necessary to ensure that
p.000254: each trainee is qualified to conduct independent research upon completion of the course of
p.000254: training.
p.000254: (Authority: Secs. 202–204; 29 U.S.C. 760–762)
p.000254:
p.000254: § 350.65 What level of participation is required of trainees in an Advanced Rehabilitation Research
p.000254: Training Project?
p.000254: Individuals who are receiving train- ing under an Advanced Rehabilitation Research Training Project
p.000254: shall devote at least eighty percent of their time to the activities of the training program during the
p.000254: training period.
p.000254: (Authority: Secs. 202–204; 29 U.S.C. 760–762)
p.000254:
p.000254: § 350.66 What must a grantee include in a patent application?
p.000254: Any patent application filed by a grantee for an invention made under a grant must include the
...
General/Other / Relationship to Authority
Searching for indicator authority:
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p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
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p.000240:
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p.000240:
p.000240: § 345.63
p.000240: based on the findings and recommenda- tions of the monitoring panel, and after providing to the
p.000240: public notice and opportunity for comment, shall make a final determination regarding whether to order
p.000240: the Governor to redesignate the lead agency. The Governor shall make any redesignation in
p.000240: accordance with the requirements that apply to designations under § 345.6.
p.000240: (Authority: 29 U.S.C. 2215(c); section 105(c) of the Act)
p.000240:
p.000240: § 345.63 How does a State change the entity responsible for providing protection and advocacy services?
p.000240: (a) The Governor of a State, based on input from individuals with disabilities and their family
p.000240: members, guardians, advocates, or authorized representa- tives, may determine that the entity
p.000240: providing protection and advocacy services has not met the protection and advocacy service needs
p.000240: of the individ- uals with disabilities and their family members, guardians, advocates, or au- thorized
p.000240: representatives, for securing funding for and access to assistive technology devices and
p.000240: assistive tech- nology services, and that there is good cause to provide the protection and ad- vocacy
p.000240: services for the State through a contract with a second entity.
p.000240: (b) On making the determination in paragraph (a) of this section, the Gov- ernor may not enter into
p.000240: a contract with a second entity to provide the protection and advocacy services un- less good
p.000240: cause exists and unless—
p.000240: (1) The Governor has given the first entity 30 days notice of the intention to enter into the
...
p.000240: days of the de- termination on the basis that there is not good cause to enter into the con- tract.
p.000240: (c)(1) When the Governor of a State determines that there is good cause to
p.000240:
p.000240: 34 CFR Ch. III (7–1–02 Edition)
p.000240: enter into a contract with a second en- tity to provide the protection and ad- vocacy services, the
p.000240: Governor shall hold an open competition within the State and issue a request for proposals by
p.000240: entities desiring to provide the serv- ices.
p.000240: (2) The Governor shall not issue a re- quest for proposals by entities desiring to provide protection
p.000240: and advocacy services until the first entity has been given notice and an opportunity to re- spond.
p.000240: If the first entity appeals the determination to the Secretary, the Governor shall issue such
p.000240: request only if the Secretary decides not to over- turn the determination of the Gov-
p.000240: ernor. The Governor shall issue such request within 30 days after the end of the period during
p.000240: which the first entity has the opportunity to respond, or after the decision of the Secretary,
p.000240: as appropriate.
p.000240: (3) The competition shall be open to entities with the same expertise and ability to provide
p.000240: legal services as a system in § 345.30(b)(12). The competi- tion shall ensure public involvement,
p.000240: including a public hearing and ade- quate opportunity for public comment.
p.000240: (Authority: 29 U.S.C. 2215(d); section 105(d) of the Act)
p.000240:
p.000240: PART 350—DISABILITY AND REHA- BILITATION RESEARCH PROJECTS AND CENTERS PROGRAM
p.000240: Subpart A—General
p.000240: Sec.
p.000240: 350.1 What is the Disability and Rehabilita- tion Research Projects and Centers Pro- gram?
p.000240: 350.2 What is the purpose of the Disability and Rehabilitation Research Project and Centers Program?
p.000240: 350.3 Who is eligible for an award?
p.000240: 350.4 What regulations apply?
p.000240: 350.5 What definitions apply?
p.000240: Subpart B—What Projects Does the Secretary Assist?
p.000240: 350.10 What are the general requirements for Disability and Rehabilitation Re- search Projects?
p.000240: 350.11 What are the general requirements for a Field-Initiated Project?
p.000240: 350.12 What are the general requirements for an Advanced Rehabilitation Research Training Project?
p.000240: 240
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240:
p.000240: Off. of Spec. Educ. and Rehab. Services, Education § 350.1
p.000240:
p.000240:
p.000240: 350.13 What must a grantee do in carrying out a research activity?
p.000240: 350.14 What must a grantee do in carrying out a training activity?
p.000240: 350.15 What must a grantee do in carrying out a demonstration activity?
p.000240: 350.16 What must a grantee do in carrying out a development activity?
...
p.000240: minority backgrounds?
p.000240: 350.41 What State agency review must an applicant under the Disability and Reha- bilitation
p.000240: Research Projects and Centers Program obtain?
p.000240: Subpart F—How Does the Secretary Make an Award?
p.000240: 350.50 What is the peer review process for this Program?
p.000240: 350.51 What is the purpose of peer review?
p.000240: 350.52 What is the composition of a peer re- view panel?
p.000240: 350.53 How does the Secretary evaluate an application?
p.000240: 350.54 What selection criteria does the Sec- retary use in evaluating an application?
p.000240: 350.55 What are the additional consider- ations for selecting Field-Initiated Project
p.000240: applications for funding?
p.000240:
p.000240: Subpart G—What Conditions Must Be Met After an Award?
p.000240: 350.60 How must a grantee conduct activi- ties?
p.000240: 350.61 What evaluation requirements must a grantee meet?
p.000240: 350.62 What are the matching requirements?
p.000240: 350.63 What are the requirements of a grant- ee relative to the Client Assistance Pro- gram?
p.000240: 350.64 What is the required duration of the training in an Advanced Rehabilitation Research Training
p.000240: Project?
p.000240: 350.65 What level of participation is re- quired of trainees in an Advanced Reha- bilitation
p.000240: Research Training Project?
p.000240: 350.66 What must a grantee include in a pat- ent application?
p.000240: AUTHORITY: Sec. 204; 29 U.S.C. 761–762, un-
p.000240: less otherwise noted.
p.000240: SOURCE: 62 FR 5713, Feb. 6, 1997, unless oth-
p.000240: erwise noted.
p.000240:
p.000240: Subpart A—General
p.000240: § 350.1 What is the Disability and Re- habilitation Research Projects and Centers Program?
p.000240: The Disability and Rehabilitation Research Projects and Centers Pro- gram provides grants to
p.000240: establish and support—
p.000240: (a) The following Disability and Re- habilitation Research and Related Projects:
p.000240: (1) Disability and Rehabilitation Re- search Projects.
p.000240: (2) Field-Initiated Projects.
p.000240: (3) Advanced Rehabilitation Research Training Projects; and
p.000240: (b) The following Disability and Re- habilitation Research Centers:
p.000240: (1) Rehabilitation Research and Training Centers.
p.000241: 241
p.000241:
p.000241:
p.000241:
p.000241:
p.000241:
p.000241:
p.000241:
p.000241:
p.000241:
p.000241: § 350.2
p.000241: (2) Rehabilitation Engineering Re- search Centers.
p.000241: (Authority: Sec. 204; 29 U.S.C. 762)
p.000241:
p.000241: § 350.2 What is the purpose of the Dis- ability and Rehabilitation Research Project and Centers Program?
p.000241: The purpose of the Disability and Re- habilitation Research Project and Cen- ters Program is to plan and
p.000241: conduct re- search, demonstration projects, train- ing, and related activities, including international
p.000241: activities, to—
p.000241: (a) Develop methods, procedures, and rehabilitation technology, that maxi- mize the full inclusion and
p.000241: integration into society, employment, independent living, family support, and economic and social
p.000241: self-sufficiency of individ- uals with disabilities, especially indi- viduals with the most severe
p.000241: disabil- ities; and
p.000241: (b) Improve the effectiveness of serv- ices authorized under the Act.
p.000241: (Authority: Secs. 204(a) and (b)(6); 29 U.S.C. 762(a) and (b)(6))
p.000241: § 350.3 Who is eligible for an award?
p.000241: The following entities are eligible for an award under this program:
p.000241: (a) States.
p.000241: (b) Public or private agencies, includ- ing for-profit agencies.
p.000241: (c) Public or private organizations, including for-profit organizations.
p.000241: (d) Institutions of higher education.
p.000241: (e) Indian tribes and tribal organiza- tions.
p.000241: (Authority: Sec. 204(a); 29 U.S.C. 762(a))
p.000241: § 350.4 What regulations apply?
p.000241: The following regulations apply to the Disability and Rehabilitation Re- search Projects and Centers
p.000241: Program:
p.000241: (a) The Education Department Gen- eral Administrative Regulations (EDGAR) as follows:
p.000241: (1) 34 CFR part 74 (Administration of Grants and Agreements with Institu- tions of Higher
p.000241: Education, Hospitals, and Other Non-profit Organizations).
p.000241: (2) 34 CFR part 75 (Direct Grant Pro- grams).
p.000241: (3) 34 CFR part 77 (Definitions that Apply to Department Regulations).
p.000241: (4) 34 CFR part 80 (Uniform Adminis- trative Requirements for Grants and
p.000241:
p.000241: 34 CFR Ch. III (7–1–02 Edition)
p.000241: Cooperative Agreements to State and Local Governments).
p.000241: (5) 34 CFR part 81 (General Education Provisions Act—Enforcement).
p.000241: (6) 34 CFR part 82 (New Restrictions on Lobbying).
p.000241: (7) 34 CFR part 85 (Governmentwide Debarment and Suspension (Non- procurement) and
p.000241: Governmentwide Re- quirements for Drug-Free Workplace (Grants)).
p.000241: (8) 34 CFR part 86 (Drug-Free Schools and Campuses).
p.000241: (b) The regulations in this part 350. (c)(1) Subject to the additional re-
p.000241: quirement in paragraph (c)(2) of this section, 34 CFR part 97 (Protection of Human Subjects).
p.000241: (2) If an institutional review board (IRB) reviews research that purpose- fully requires
p.000241: inclusion of children with disabilities or individuals with mental disabilities as research
p.000241: sub- jects, the IRB must have at least one member who is primarily concerned with the welfare
p.000241: of these research sub- jects.
p.000241: (Authority: 29 U.S.C. 761a, 762, 42 U.S.C. 300v– 1(b))
p.000241:
p.000241: § 350.5 What definitions apply?
p.000241: (a) The following definitions in 34 CFR part 77 apply to this part—
p.000241: Applicant Application Award Budget Department EDGAR
p.000241: Equipment Facilities Grant Grantee Nonprofit Private Project Project period Public Recipient Secretary Supplies State
p.000241: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000241: (b) The following definitions also apply to this part.
p.000242: 242
p.000242:
p.000242:
p.000242:
p.000242:
p.000242:
p.000242:
p.000242:
p.000242:
p.000242: Off. of Spec. Educ. and Rehab. Services, Education § 350.5
p.000242:
p.000242:
p.000242: Act means the Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), as amended.
p.000242: (Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1))
p.000242: Assistive technology device means any item, piece of equipment, or product system, whether
p.000242: acquired commer- cially or off the shelf, modified, or cus- tomized, that is used to increase, main-
p.000242: tain, or improve functional capabilities of individuals with disabilities.
p.000242: (Authority: Sec. 7(23); 29 U.S.C. 706(23))
p.000242: Assistive technology service means any service that directly assists an indi- vidual with a
p.000242: disability in the selec- tion, acquisition, or use of an assistive technology device, including—
p.000242: (1) The evaluation of the needs of an individual with a disability, including a functional evaluation
p.000242: of the indi- vidual in the individual’s customary environment;
p.000242: (2) Purchasing, leasing, or otherwise providing for the acquisition of assist- ive technology devices by
p.000242: individuals with disabilities;
p.000242: (3) Selecting, designing, fitting, cus- tomizing, adapting, applying, main- taining, repairing, or
p.000242: replacing assist- ive technology devices;
p.000242: (4) Coordinating and using other therapies, interventions, or services with assistive
p.000242: technology devices, such as those associated with existing edu- cation and rehabilitation plans and
p.000242: programs;
p.000242: (5) Training or technical assistance for individuals with disabilities, or, if appropriate, their
p.000242: family members, guardians, advocates, or authorized representatives; and
p.000242: (6) Training or technical assistance for professionals (including individuals providing education and
p.000242: rehabilitation services), employers, or other individ- uals who provide services to employ, or are
p.000242: otherwise substantially involved in the major life functions of, individuals with disabilities.
p.000242: (Authority: Sec. 7(24); 29 U.S.C. 706(24))
p.000242: Disability means a physical or mental impairment that substantially limits one or more major life
p.000242: activities.
p.000242: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000242: Individual ith a disability means any individual who:
p.000242:
p.000242: (1) Has a physical or mental impair- ment that substantially limits one or more of the individual’s
p.000242: major life ac- tivities;
p.000242: (2) Has a record of this impairment; or
p.000242: (3) Is regarded as having this impair- ment.
p.000242: (Authority: Sec. 7(8)(B); 29 U.S.C. 706(8)(B))
p.000242: Individual ith a severe disability
p.000242: means—
p.000242: (1)(i) An individual with a disability who has a severe physical or mental impairment that
p.000242: seriously limits one or more functional capacities (such as mobility, communication, self-care,
p.000242: self-direction, interpersonal skills, work tolerance, or work skills) in terms of an
p.000242: employment outcome;
p.000242: (ii) Whose vocational rehabilitation can be expected to require multiple vo- cational rehabilitation
p.000242: services over an extended period of time; and
p.000242: (iii) Who has one or more physical or mental disabilities resulting from am- putation, arthritis,
p.000242: autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury,
p.000242: heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental
p.000242: illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neuro- logical
p.000242: disorders (including stroke and epilepsy), paraplegia, quadriplegia, other spinal cord
p.000242: impairments, sickle cell anemia, specific learning dis- ability, end-stage renal disease, or an-
p.000242: other disability or combination of dis- abilities determined on the basis of an assessment of
p.000242: rehabilitation needs to cause comparable substantial func- tional limitation; or
p.000242: (2) An individual with a severe men- tal or physical impairment whose abil- ity to function
p.000242: independently in the family or community or whose ability to obtain, maintain, or advance in em-
p.000242: ployment is substantially limited and for whom the delivery of independent living services will
p.000242: improve the ability to function, continue functioning, or move towards functioning independ- ently
p.000242: in the family or community or to continue in employment, respectively.
p.000242: (Authority: Sec. 7(15)(C); 29 U.S.C. 706(15)(C))
p.000243: 243
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243:
p.000243: § 350.10
p.000243: Personal assistance services means a range of services, provided by one or more persons, designed
p.000243: to assist an in- dividual with a disability to perform daily living activities, on and off
p.000243: the job, that the individual would typically perform if the individual did not have a disability. These
p.000243: services must be de- signed to increase the individual’s con- trol in life and ability to perform ev-
p.000243: eryday activities on and off the job.
p.000243: (Authority: Sec. 12(c); 29 U.S.C. 711(c))
p.000243: Rehabilitation technology means the systematic application of technologies, engineering methodologies,
p.000243: or sci- entific principles to meet the needs of and address the barriers confronted by individuals
p.000243: with disabilities in such areas as education, rehabilitation, em- ployment, transportation, independent
p.000243: living, and recreation, and includes re- habilitation engineering, assistive technology devices,
p.000243: and assistive tech- nology services.
p.000243: (Authority: Sec. 7(13); 29 U.S.C. 706(13))
p.000243: Research is classified on a continuum from basic to applied:
p.000243: (1) Basic research is research in which the investigator is concerned primarily with gaining new knowledge
p.000243: or under- standing of a subject without reference to any immediate application or util- ity.
p.000243: (2) Applied research is research in which the investigator is primarily in- terested in
p.000243: developing new knowledge, information or understanding which can be applied to a predetermined reha-
p.000243: bilitation problem or need. Applied re- search builds on selected findings from basic research.
p.000243: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000243: State rehabilitation agency means the sole State agency designated to admin- ister (or supervise local
p.000243: administration of) the State plan for vocational reha- bilitation services. The term includes the State
p.000243: agency for the blind, if des- ignated as the State agency with re- spect to that part of the
p.000243: plan relating to the vocational rehabilitation of blind individuals.
p.000243: (Authority: Sec. 101(a)(1)(A); 29 U.S.C. 721(a)(1)(A))
p.000243: Target population means the group of individuals, organizations, or other en-
p.000243:
p.000243: 34 CFR Ch. III (7–1–02 Edition)
p.000243: tities expected to be affected by the project. More than one group may be involved since
p.000243: a project may affect those who receive services, provide services, or administer services.
p.000243: (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1))
p.000243:
p.000243: Subpart B—What Projects Does the Secretary Assist?
p.000243: § 350.10 What are the general require- ments for Disability and Rehabilita- tion Research Projects?
p.000243: Disability and Rehabilitation Re- search Projects must meet the fol- lowing requirements:
p.000243: (a) Carry out one or more of the fol- lowing types of activities, as specified in §§ 350.13–350.19:
p.000243: (1) Research.
p.000243: (2) Development.
p.000243: (3) Demonstration.
p.000243: (4) Training.
p.000243: (5) Dissemination.
p.000243: (6) Utilization.
p.000243: (7) Technical assistance.
p.000243: (b) Further one or more of the pur- poses listed in § 350.2.
p.000243: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000243:
p.000243: § 350.11 What are the general require- ments for a Field-Initiated Project?
p.000243: A Field-Initiated Project must—
p.000243: (a) Further one or more of the pur- poses in § 350.2; and
p.000243: (b) Carry out one of the following types of activities:
p.000243: (1) Research.
p.000243: (2) Development.
p.000243: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000243:
p.000243: § 350.12 What are the general require- ments for an Advanced Rehabilita- tion Research Training Project?
p.000243: An Advanced Rehabilitation Re- search Training Project must—
p.000243: (a) Provide research training and ex- perience at an advanced level to indi- viduals with doctorates or
p.000243: similar ad- vanced degrees who have clinical or other relevant experience;
p.000243: (b) Further one or more of the pur- poses in § 350.2; and
p.000243: (c) Carry out all of the following ac- tivities:
p.000243: (1) Recruitment and selection of can- didates for advanced research training.
p.000244: 244
p.000244:
p.000244:
p.000244:
p.000244:
p.000244:
p.000244:
p.000244:
p.000244:
p.000244: Off. of Spec. Educ. and Rehab. Services, Education § 350.19
p.000244:
p.000244:
p.000244: (2) Provision of a training program that includes didactic and classroom instruction, is
p.000244: multidisciplinary, and emphasizes scientific methodology, and may involve collaboration among insti- tutions.
p.000244: (3) Provision of research experience, laboratory experience or its equivalent in a community-based research
p.000244: setting, and a practicum that involve each indi- vidual in clinical research and in prac- tical activities
p.000244: with organizations rep- resenting individuals with disabilities.
p.000244: (4) Provision of academic mentorship or guidance, and opportunities for sci- entific collaboration with
p.000244: qualified re- searchers at the host university and other appropriate institutions.
p.000244: (5) Provision of opportunities for par- ticipation in the development of pro- fessional
p.000244: presentations and publica- tions, and for attendance at profes- sional conferences and
p.000244: meetings as ap- propriate for the individual’s field of study and level of experience.
p.000244: (Authority: Sec. 202(k); 29 U.S.C. 761a(k))
p.000244:
p.000244: § 350.13 What must a grantee do in carrying out a research activity?
p.000244: In carrying out a research activity under this program, a grantee shall—
p.000244: (a) Identify one or more hypotheses; and
p.000244: (b) Based on the hypotheses identi- fied, perform an intensive systematic study directed toward—
p.000244: (1) New or full scientific knowledge; or
p.000244: (2) Understanding of the subject or problem studied.
p.000244: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000244:
p.000244: § 350.14 What must a grantee do in carrying out a training activity?
p.000244: In carrying out a training activity under this program, a grantee shall conduct a planned
p.000244: and systematic se- quence of supervised instruction that is designed to impart predetermined
p.000244: skills and knowledge.
p.000244: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000244:
p.000244: § 350.15 What must a grantee do in carrying out a demonstration activ- ity?
p.000244: In carrying out a demonstration ac- tivity under this program, a grantee shall apply results
p.000244: derived from pre- vious research, testing, or practice to determine the effectiveness of a new
p.000244: strategy or approach.
p.000244: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000244:
p.000244: § 350.16 What must a grantee do in carrying out a development activ- ity?
p.000244: In carrying out a development activ- ity under this program, a grantee must use knowledge and
p.000244: understanding gained from research to create mate- rials, devices, systems, or methods ben- eficial to
p.000244: the target population, includ- ing design and development of proto- types and processes.
p.000244: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000244:
p.000244: § 350.17 What must a grantee do in carrying out a utilization activity?
p.000244: In carrying out a utilization activity under this program, a grantee must re- late research findings to
p.000244: practical ap- plications in planning, policy making, program administration, and delivery of services to
p.000244: individuals with disabil- ities.
p.000244: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000244:
p.000244: § 350.18 What must a grantee do in carrying out a dissemination activ- ity?
p.000244: In carrying out a dissemination ac- tivity under this program, a grantee must systematically
p.000244: distribute infor- mation or knowledge through a variety of ways to potential users or bene-
p.000244: ficiaries.
p.000244: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000244:
p.000244: § 350.19 What must a grantee do in carrying out a technical assistance activity?
p.000244: In carrying out a technical assist- ance activity under this program, a
p.000244:
p.000244:
p.000244:
p.000245: 245
p.000245:
p.000245:
p.000245:
p.000245:
p.000245:
p.000245:
p.000245:
p.000245:
p.000245:
p.000245: § 350.20
p.000245: grantee must provide expertise or in- formation for use in problem-solving.
p.000245: (Authority: Sec. 202; 29 U.S.C. 761a)
p.000245:
p.000245: Subpart C—What Rehabilitation Research and Training Cen- ters Does the Secretary Assist?
p.000245: § 350.20 What general requirements must a Rehabilitation Research and Training Center meet?
p.000245: A Rehabilitation Research and Train- ing Center shall—
p.000245: (a) Plan and conduct activities that further one or more of the purposes listed in § 350.2;
p.000245: (b) Serve as a center of national ex- cellence and as a national or regional resource for providers
p.000245: and individuals with disabilities and the parents, fam- ily members, guardians, advocates, or authorized
p.000245: representatives of the indi- viduals;
p.000245: (c) Be of sufficient size, scope, and quality to effectively carry out the ac- tivities in an
p.000245: efficient manner con- sistent with appropriate State and Fed- eral law; and
p.000245: (d) Be able to carry out training ac- tivities either directly or through an- other entity that
p.000245: can provide such training.
p.000245: (Authority: Secs. 204(b) and (b)(2)(K); 29
p.000245: U.S.C. 762(b) and (b)(2)(K))
p.000245:
p.000245: § 350.21 What collaboration must a Re- habilitation Research and Training Center engage in?
p.000245: A Rehabilitation Research and Train- ing Center must be operated by or in collaboration with—
p.000245: (a) One or more institutions of higher education; or
p.000245: (b) One or more providers of rehabili- tation or other appropriate services.
p.000245: (Authority: Sec. 204(b)(2); 29 U.S.C. 762(b)(2))
p.000245:
p.000245: § 350.22 What activities must a Reha- bilitation Research and Training Center conduct?
p.000245: A Rehabilitation Research and Train- ing Center shall—
p.000245: (a) Carry out research activities by conducting coordinated and advanced programs of research in
p.000245: rehabilitation targeted toward the production of new knowledge that will—
p.000245:
p.000245: 34 CFR Ch. III (7–1–02 Edition)
p.000245: (1) Improve rehabilitation method- ology and service delivery systems;
p.000245: (2) Alleviate or stabilize disabling conditions; and
p.000245: (3) Promote maximum social and eco- nomic independence of individuals with disabilities;
p.000245: (b) Conduct training activities by providing training (including graduate, pre-service, and in-service
p.000245: training) to assist—
p.000245: (1) Rehabilitation personnel and other individuals to more effectively provide rehabilitation
p.000245: services; and
p.000245: (2) Rehabilitation research personnel and other rehabilitation personnel to improve their capacity to
p.000245: conduct re- search; and
p.000245: (c) Conduct technical assistance ac- tivities by serving as an informational and technical assistance
p.000245: resource for providers, individuals with disabilities, and the parents, family members,
p.000245: guardians, advocates, or authorized representatives of the individuals with disabilities,
p.000245: through conferences, workshops, public education programs, in-service training programs, and simi- lar
p.000245: activities.
p.000245:
p.000245: § 350.23 What restriction exists on Re- habilitation Research and Training Centers regarding indirect costs?
p.000245: A host institution with which a Re- habilitation Research and Training Center is affiliated
p.000245: may not collect more than fifteen percent of the total grant award as indirect cost charges,
p.000245: notwithstanding the provisions in 34 CFR 75.562.
p.000245: (Authority: Sec. 204(b)(2)(O); 29 U.S.C. 762(b)(2)(O))
p.000245:
p.000245: Subpart D—What Rehabilitation Engineering Research Centers Does the Secretary Assist?
p.000245: § 350.30 What requirements must a Re- habilitation Engineering Research Center meet?
p.000245: A Rehabilitation Engineering Re- search Center shall plan and conduct activities that—
p.000245: (a) Further one or more of the pur- poses listed in § 350.2; and
p.000245: (b)(1) Lead to the development of methods, procedures, and devices that
p.000246: 246
p.000246:
p.000246:
p.000246:
p.000246:
p.000246:
p.000246:
p.000246:
p.000246:
p.000246: Off. of Spec. Educ. and Rehab. Services, Education § 350.33
p.000246:
p.000246:
p.000246: will benefit individuals with disabil- ities, especially those with the most se- vere disabilities; or
p.000246: (2) Involve rehabilitation technology and enhance opportunities for meeting the needs of, and addressing
p.000246: the bar- riers confronted by, individuals with disabilities in all aspects of their lives.
p.000246: (Authority: Sec. 204(b)(3); 29 U.S.C. 762(b)(3))
p.000246:
p.000246: § 350.31 What collaboration must a Re- habilitation Engineering Research Center engage in?
p.000246: A Rehabilitation Engineering Re- search Center must be operated by or in collaboration with—
p.000246: (a) One or more institutions of higher education; or
p.000246: (b) One or more nonprofit organiza- tions.
p.000246: (Authority: Sec. 204(b)(3); 29 U.S.C. 762(b)(3))
p.000246:
p.000246: § 350.32 What activities must a Reha- bilitation Engineering Research Center conduct?
p.000246: A Rehabilitation Engineering Re- search Center shall—
p.000246: (a) Conduct research or demonstra- tion activities by using one or more of the following strategies:
p.000246: (1) Developing and disseminating in- novative methods of applying advanced technology, scientific
p.000246: achievement, and psychological and social knowl- edge to solve rehabilitation problems and
p.000246: remove environmental barriers through—
p.000246: (i) Planning and conducting research, including cooperative research with public or private agencies
p.000246: and organi- zations, designed to produce new sci- entific knowledge and new or improved methods,
p.000246: equipment, or devices; and
p.000246: (ii) Studying and evaluating new or emerging technologies, products, or en- vironments and their
p.000246: effectiveness and benefits.
p.000246: (2) Demonstrating and dissemi- nating—
p.000246: (i) Innovative models for the delivery to rural and urban areas of cost-effec- tive rehabilitation
p.000246: technology services that will promote the use of assistive technology services; and
p.000246: (ii) Other scientific research to assist in meeting the employment and inde- pendent living needs of
p.000246: individuals with severe disabilities.
p.000246:
p.000246: (3) Conducting research and dem- onstration activities that facilitate service delivery
p.000246: systems change by demonstrating, evaluating, docu- menting, and disseminating—
...
p.000246: promote use of rehabilitation technology; and
p.000246: (ii) Other scientific research to assist in meeting the employment and inde- pendent living needs of, and
p.000246: addressing the barriers confronted by individuals with disabilities, including individuals with severe
p.000246: disabilities;
p.000246: (b) To the extent consistent with the nature and type of research or dem- onstration activities
p.000246: described in para- graph (a) of this section, carry out re- search, training, and information dis-
p.000246: semination activities by—
p.000246: (1) Providing training opportunities to individuals, including individuals with disabilities, to
p.000246: enable them to be- come rehabilitation technology re- searchers and practitioners of rehabili-
p.000246: tation technology in conjunction with institutions of higher education and nonprofit organizations;
p.000246: and
p.000246: (2) Responding, through research or demonstration activities, to the needs of individuals with all
p.000246: types of disabil- ities who may benefit from the applica- tion of technology within the subject area
p.000246: of focus of the Center.
p.000246: (c) Conduct orientation seminars for rehabilitation service personnel to im- prove the application of
p.000246: rehabilitation technology;
p.000246: (d) Conduct activities that specifi- cally demonstrate means for utilizing rehabilitation
p.000246: technology; and
p.000246: (e) Provide technical assistance and consultation that are responsive to concerns of service
p.000246: providers and con- sumers.
p.000246: (Authority: Sec. 204(b)(3); 29 U.S.C. 762(b)(3))
p.000246:
p.000246: § 350.33 What cooperation require- ments must a Rehabilitation Engi- neering Research Center meet?
p.000246: A Rehabilitation Engineering Re- search Center—
p.000246: (a) Shall cooperate with State agen- cies and other local, State, regional,
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p.000247:
p.000247:
p.000247:
p.000247:
p.000247:
p.000247:
p.000247:
p.000247: § 350.34
p.000247: and national programs and organiza- tions developing or delivering rehabili- tation technology, including
p.000247: State pro- grams funded under the Technology- Related Assistance for Individuals With
p.000247: Disabilities Act of 1988 (29 U.S.C. 2201 et seq.); and
p.000247: (b) To the extent consistent with the nature and type of research or dem- onstration activities
p.000247: described in
p.000247: § 350.32(a), shall cooperate with the en- tities described in paragraph (a) of this section to provide
p.000247: information to indi- viduals with disabilities and their par- ents, family members, guardians, advo- cates,
p.000247: or authorized representatives, to—
p.000247: (1) Increase awareness and under- standing of how rehabilitation tech- nology can address
p.000247: their needs; and
p.000247: (2) Increase awareness and under- standing of the range of options, pro- grams, services,
p.000247: and resources avail- able, including financing options for the technology and services covered by
p.000247: the subject area of focus of the Center.
p.000247: (Authority: Sec. 204(b)(3) and (c); 29 U.S.C. 762(b)(3) and (c))
p.000247:
p.000247: § 350.34 Which Rehabilitation Engi- neering Research Centers must have an advisory committee?
p.000247: A Rehabilitation Engineering Re- search Center conducting research or demonstration activities
p.000247: that facili- tate service delivery systems change must have an advisory committee.
p.000247: (Authority: Sec. 204 (b)(3)(D); 29 U.S.C. 762 (b)(3)(D))
p.000247:
p.000247: § 350.35 What are the requirements for the composition of an advisory com- mittee?
p.000247: The majority of a Rehabilitation En- gineering Research Center advisory committee’s members must
p.000247: be com- prised of individuals with disabilities who are users of rehabilitation tech- nology,
p.000247: or their parents, family mem- bers, guardians, advocates, or author- ized representatives.
p.000247: (Authority: Sec. 204(b)(3)(D); 29 U.S.C. 762(b)(3)(D))
p.000247:
p.000247: 34 CFR Ch. III (7–1–02 Edition)
p.000247: Subpart E—How Does One Apply for an Award?
p.000247: § 350.40 What is required of each ap- plicant regarding the needs of indi- viduals with disabilities from
p.000247: mi- nority backgrounds?
p.000247: (a) Unless the Secretary indicates otherwise in a notice published in the FEDERAL REGISTER, an
p.000247: applicant for as- sistance under this program must dem- onstrate in its application how it will address,
p.000247: in whole or in part, the needs of individuals with disabilities from minority backgrounds.
p.000247: (b) The approaches an applicant may take to meet this requirement may in- clude one or more of the
p.000247: following:
p.000247: (1) Proposing project objectives ad- dressing the needs of individuals with disabilities from
p.000247: minority back- grounds.
p.000247: (2) Demonstrating that the project will address a problem that is of par- ticular significance to
p.000247: individuals with disabilities from minority back- grounds.
p.000247: (3) Demonstrating that individuals from minority backgrounds will be in- cluded in study samples
p.000247: in sufficient numbers to generate information perti- nent to individuals with disabilities from
p.000247: minority backgrounds.
p.000247: (4) Drawing study samples and pro- gram participant rosters from popu- lations or areas
p.000247: that include individ- uals from minority backgrounds.
p.000247: (5) Providing outreach to individuals with disabilities from minority back- grounds to ensure that they
p.000247: are aware of rehabilitation services, clinical care, or training offered by the project.
p.000247: (6) Disseminating materials to or otherwise increasing the access to dis- ability information
p.000247: among minority populations.
p.000247: (Approved by the Office of Management and Budget under control number 1820–0027)
p.000247: (Authority: Sec. 21(b)(6); 29 U.S.C. 718b(b)(6))
p.000247:
p.000247: § 350.41 What State agency review must an applicant under the Dis- ability and Rehabilitation Research
p.000247: Projects and Centers Program ob- tain?
p.000247: (a) An applicant that proposes to conduct research, demonstrations, or
p.000247:
p.000247:
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p.000248:
p.000248:
p.000248:
p.000248:
p.000248:
p.000248:
p.000248: Off. of Spec. Educ. and Rehab. Services, Education § 350.53
p.000248:
p.000248:
p.000248: related activities that will either in- volve clients of the State vocational rehabilitation
p.000248: agency as research sub- jects or study vocational rehabilitation services or techniques under this
p.000248: pro- gram, shall follow the requirements in 34 CFR 75.155 through 75.159.
p.000248: (b) For the purposes of this Program,
p.000248: State as used in 34 CFR 75.155 through
p.000248: 75.159 means the State rehabilitation agency or agencies in the primary State or States to
p.000248: be affected by the proposed activities.
p.000248:
p.000248: (Authority: Secs. 204(c) and 306(i); 29 U.S.C. 762(c) and 766(a))
p.000248:
p.000248: Subpart F—How Does the Secretary Make an Award?
p.000248: § 350.50 What is the peer review proc- ess for this Program?
p.000248: (a) The Secretary refers each applica- tion for a grant governed by those reg- ulations in this part to
p.000248: a peer review panel established by the Secretary.
p.000248: (b) Peer review panels review applica- tions on the basis of the applicable se- lection criteria in §
p.000248: 350.54.
p.000248: (Authority: Sec. 202(e); 29 U.S.C. 761a(e))
p.000248:
p.000248: § 350.51 What is the purpose of peer review?
p.000248: The purpose of peer review is to in- sure that—
p.000248: (a) Those activities supported by the National Institute on Disability and Rehabilitation Research
p.000248: (NIDRR) are of the highest scientific, administra- tive, and technical quality; and
p.000248: (b) Activity results may be widely applied to appropriate target popu- lations and
p.000248: rehabilitation problems.
p.000248: (Authority: Sec. 202(e); 29 U.S.C. 761a(e))
p.000248:
p.000248: § 350.52 What is the composition of a peer review panel?
p.000248: (a) The Secretary selects as members of a peer review panel scientists and other experts in
p.000248: rehabilitation or re- lated fields who are qualified, on the basis of training, knowledge, or
p.000248: experi- ence, to give expert advice on the merit of the applications under review.
p.000248: (b) Applications for awards of $60,000 or more, except those for the purposes of evaluation,
p.000248: dissemination of infor- mation, or conferences, must be re-
p.000248:
p.000248: viewed by a peer review panel that con- sists of a majority of non-Federal members.
p.000248: (c) In selecting members to serve on a peer review panel, the Secretary takes into account all
p.000248: of the following factors:
p.000248: (1) The level of formal scientific or technical education completed by po- tential panel members.
p.000248: (2)(i) The extent to which potential panel members have engaged in sci- entific, technical, or
p.000248: administrative ac- tivities appropriate to the category of applications that the panel will con- sider;
p.000248: (ii) The roles of potential panel mem- bers in those activities; and
p.000248: (iii) The quality of those activities.
p.000248: (3) The recognition received by po- tential panel members as reflected by awards and other
p.000248: honors from sci- entific and professional agencies and organizations outside the Department.
p.000248: (4) Whether the panel includes knowl- edgeable individuals with disabilities, or parents, family members,
p.000248: guardians, advocates, or authorized representa- tives of individuals with disabilities.
p.000248: (5) Whether the panel includes indi- viduals from diverse populations.
p.000248: (Authority: Secs. 18 and 202(e); 29 U.S.C. 717 and 761a(e))
p.000248:
p.000248: § 350.53 How does the Secretary evalu- ate an application?
p.000248: (a)(1)(i) The Secretary selects one or more of the selection criteria in § 350.54 to evaluate an
p.000248: application;
p.000248: (ii) The Secretary establishes selec- tion criteria based on statutory provi- sions that apply to the
p.000248: Program which may include, but are not limited to—
p.000248: (A) Specific statutory selection cri- teria;
p.000248: (B) Allowable activities;
p.000248: (C) Application content require- ments; or
p.000248: (D) Other pre-award and post-award conditions; or
p.000248: (iii) The Secretary uses a combina- tion of selection criteria established under paragraph
p.000248: (a)(1)(ii) of this sec- tion and selection criteria in § 350.54.
p.000248: (2) For Field-Initiated Projects, the Secretary does not consider § 350.54(b) (Responsiveness to
p.000248: the Absolute or Competitive Priority) in evaluating an application.
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p.000249:
p.000249:
p.000249:
p.000249:
p.000249:
p.000249:
p.000249:
p.000249: § 350.54
p.000249: (b)(1) In considering selection cri- teria in § 350.54, the Secretary selects one or more of
p.000249: the factors listed in the criteria except as provided for in para- graph (b)(2) of this section.
p.000249: (2) Under § 350.54, the Secretary al- ways considers the factor in paragraph (n)(2) of that section.
p.000249: (c) The maximum possible score for an application is 100 points.
p.000249: (d)(1) In the application package or a notice published in the FEDERAL REG- ISTER, the Secretary
p.000249: informs appli- cants of—
p.000249: (i)(A) The selection criteria chosen; and
p.000249: (B) The maximum possible score for each of the selection criteria; and
p.000249: (ii)(A) The factors selected for con- sidering the selection criteria; and
p.000249: (B) If points are assigned to each fac- tor, the maximum possible score for each factor under each
p.000249: criterion.
p.000249: (2) If no points are assigned to each factor, the Secretary evaluates each factor equally.
p.000249: (e) For Field-Initiated Projects, in addition to the selection criteria, the Secretary uses the
p.000249: additional consider- ations in selecting applications for funding as described in § 350.55.
p.000249: (Authority: Sec. 202(e); 29 U.S.C. 761a(e))
p.000249:
p.000249: § 350.54 What selection criteria does the Secretary use in evaluating an application?
p.000249: In addition to criteria established under § 350.53(a)(1)(ii), the Secretary may select one
p.000249: or more of the following criteria in evaluating an application:
p.000249: (a) Importance of the problem. (1) The Secretary considers the importance of the problem.
p.000249: (2) In determining the importance of the problem, the Secretary considers one or more of the
p.000249: following factors:
p.000249: (i) The extent to which the applicant clearly describes the need and target population.
p.000249: (ii) The extent to which the proposed activities further the purposes of the Act.
p.000249: (iii) The extent to which the proposed activities address a significant need of one or more disabled
p.000249: populations.
p.000249: (iv) The extent to which the proposed activities address a significant need of rehabilitation service
p.000249: providers.
p.000249:
p.000249: 34 CFR Ch. III (7–1–02 Edition)
p.000249: (v) The extent to which the proposed activities address a significant need of those who provide services
p.000249: to individ- uals with disabilities.
p.000249: (vi) The extent to which the appli- cant proposes to provide training in a rehabilitation
p.000249: discipline or area of study in which there is a shortage of qualified researchers, or
p.000249: to a trainee population in which there is a need for more qualified researchers.
p.000249: (vii) The extent to which the pro- posed project will have beneficial im- pact on the target
p.000249: population.
...
p.000253: literature of perti- nent subject areas.
p.000253: (iv) The extent to which the project staff includes outstanding scientists in the field.
p.000253: (v) The extent to which key per- sonnel have up-to-date knowledge from research or effective
p.000253: practice in the subject area covered in the priority.
p.000253: (o) Adequacy and accessibility of re- sources. (1) The Secretary considers the adequacy and
p.000253: accessibility of the appli- cant’s resources to implement the pro- posed project.
p.000253: (2) In determining the adequacy and accessibility of resources, the Sec- retary considers one
p.000253: or more of the fol- lowing factors:
p.000253: (i) The extent to which the applicant is committed to provide adequate fa- cilities, equipment, other
p.000253: resources, in- cluding administrative support, and laboratories, if appropriate.
p.000253: (ii) The quality of an applicant’s past performance in carrying out a grant.
p.000253: (iii) The extent to which the appli- cant has appropriate access to clinical populations and
p.000253: organizations rep- resenting individuals with disabilities to support advanced clinical rehabilita- tion
p.000253: research.
p.000253: (iv) The extent to which the facili- ties, equipment, and other resources are appropriately
p.000253: accessible to individ- uals with disabilities who may use the facilities, equipment, and other re-
p.000253: sources of the project.
p.000253: (Approved by the Office of Management and Budget under control number 1820–0027)
p.000253: (Authority: Secs. 202 and 204; 29 U.S.C. 761a
p.000253: and 762)
p.000253:
p.000253: § 350.55 What are the additional con- siderations for selecting Field-Initi- ated Project applications for
p.000253: fund- ing?
p.000253: (a) The Secretary reserves funds to support some or all of the Field-Initi- ated Project
p.000253: applications that have been awarded points totaling 80% or more of the maximum possible points
p.000253: under the procedures described in
p.000253: § 350.53.
p.000253: (b) In making a final selection of ap- plications to support as Field-Initiated Projects, the Secretary
p.000253: considers the extent to which applications that have
p.000253:
p.000253: 34 CFR Ch. III (7–1–02 Edition)
p.000253: been awarded a rating of 80% or more of the maximum possible points and meet one or more of the
p.000253: following con- ditions:
p.000253: (1) The proposed project represents a unique opportunity to advance reha- bilitation knowledge to
p.000253: improve the lives of individuals with disabilities.
p.000253: (2) The proposed project com- plements research already planned or funded by the
p.000253: NIDRR through annual priorities published in the FEDERAL REGISTER or addresses the research in a
p.000253: new and promising way.
p.000253: (Authority: Secs. 202 (g) and (i)(1); 29 U.S.C. 761a(g) and 761a(i)(1))
p.000253:
p.000253: Subpart G—What Conditions Must Be Met After an Award?
p.000253: § 350.60 How must a grantee conduct activities?
p.000253: A grantee must—
p.000253: (a) Conduct all activities in a manner that is accessible to and usable by indi- viduals with
p.000253: disabilities; and
p.000253: (b) If a grantee carries out more than one activity, carry out integrated ac- tivities.
p.000253: (Authority: Secs. 202 and 204(b)(2); 29 U.S.C. 761a and 762(b))
p.000253:
p.000253: § 350.61 What evaluation requirements must a grantee meet?
p.000253: (a) A grantee must establish perform- ance measures for use in its evaluation that—
p.000253: (1) Are clearly related to the—
p.000253: (i) Intended outcomes of the project; and
p.000253: (ii) Expected impacts on the target population; and
p.000253: (2) To the extent possible are quan- tifiable, or are objective and quali- tative.
p.000253: (b) A grantee must make periodic as- sessments of progress that will provide the grantee with performance
p.000253: feedback related to—
p.000253: (1) Progress in implementing the plan of operation; and
p.000253: (2) Progress in achieving the intended outcomes and expected impacts as as- sessed by the established
p.000253: performance measures.
p.000253: (Authority: Secs. 202 and 204; 29 U.S.C. 761a
p.000253: and 762)
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p.000254:
p.000254: Off. of Spec. Educ. and Rehab. Services, Education Pt. 356
p.000254:
p.000254:
p.000254: § 350.62 What are the matching re- quirements?
p.000254: (a)(1) The Secretary may make grants to pay for part of the costs of re- search and
p.000254: demonstration projects that bear directly on the development of procedures, methods, and devices to
p.000254: as- sist the provision of vocational and other rehabilitation services, and re- search training
p.000254: and career development projects.
p.000254: (2) Each grantee must participate in the costs of those projects.
p.000254: (3) The specific amount of cost shar- ing to be borne by each grantee—
p.000254: (i) Is negotiated at the time of the award; and
p.000254: (ii) Is not considered in the selection process.
p.000254: (b)(1) The Secretary may make grants to pay for part or all of the costs of—
p.000254: (i) Establishment and support of Re- habilitation Research and Training Centers and Rehabilitation
p.000254: Engineer- ing Research Centers; and
p.000254: (ii) Specialized research or dem- onstration activities described in sec- tion 204(b)(2)–(16)
p.000254: of the Act.
p.000254: (2) The Secretary determines at the time of the award whether the grantee must pay a portion of
p.000254: the project or center costs.
p.000254: (Authority: Sec. 204; 29 U.S.C. 762)
p.000254:
p.000254: § 350.63 What are the requirements of a grantee relative to the Client As- sistance Program?
p.000254: All Projects and Centers that provide services to individuals with disabilities with funds awarded under
p.000254: this Program must—
p.000254: (a) Advise those individuals who are applicants for or recipients of services under the Act, or their
p.000254: parents, family members, guardians, advocates, or au- thorized representatives, of the avail- ability and
p.000254: purposes of the Client As- sistance Program (CAP) funded under the Act; and
p.000254: (b) Provide information on the means of seeking assistance under the CAP.
p.000254: (Authority: Sec. 20; 29 U.S.C. 718a)
p.000254:
p.000254: § 350.64 What is the required duration of the training in an Advanced Re- habilitation Research
p.000254: Training Project?
p.000254: A grantee for an Advanced Rehabili- tation Research Training Project shall provide training to individuals
p.000254: that is at least one academic year, unless a longer training period is necessary to ensure that
p.000254: each trainee is qualified to conduct independent research upon completion of the course of
p.000254: training.
p.000254: (Authority: Secs. 202–204; 29 U.S.C. 760–762)
p.000254:
p.000254: § 350.65 What level of participation is required of trainees in an Advanced Rehabilitation Research
p.000254: Training Project?
p.000254: Individuals who are receiving train- ing under an Advanced Rehabilitation Research Training Project
p.000254: shall devote at least eighty percent of their time to the activities of the training program during the
p.000254: training period.
p.000254: (Authority: Secs. 202–204; 29 U.S.C. 760–762)
p.000254:
p.000254: § 350.66 What must a grantee include in a patent application?
p.000254: Any patent application filed by a grantee for an invention made under a grant must include the
p.000254: following state- ment in the first paragraph:
p.000254: The invention described in this application was made under a grant from the Depart- ment of
p.000254: Education.
p.000254: (Authority: 20 U.S.C. 1221e–3)
p.000254:
p.000254: PART 356—DISABILITY AND REHA- BILITATION RESEARCH: RESEARCH FELLOWSHIPS
p.000254: Subpart A—General
p.000254: Sec.
p.000254: 356.1 What is the Research Fellowships Pro- gram?
p.000254: 356.2 Who is eligible for assistance under this program?
p.000254: 356.3 What regulations apply to this pro- gram?
p.000254: 356.4 What definitions apply to this pro- gram?
p.000254: Subpart B—What Kinds of Activities Does the Department Support Under This Program?
p.000254: 356.10 What types of activities are author- ized?
p.000254:
...
Orphaned Trigger Words
p.000252: of the target pop- ulation, and format for providing infor- mation.
p.000252: (iv) The extent to which the tech- nical assistance is accessible to indi- viduals with
p.000252: disabilities.
p.000252: (j) Plan of operation. (1) The Secretary considers the quality of the plan of op- eration.
p.000252: (2) In determining the quality of the plan of operation, the Secretary con- siders one or more of
p.000252: the following fac- tors:
p.000252: (i) The adequacy of the plan of oper- ation to achieve the objectives of the proposed project on
p.000252: time and within budget, including clearly defined re- sponsibilities, and timelines for accom-
p.000252: plishing project tasks.
p.000252: (ii) The adequacy of the plan of oper- ation to provide for using resources, equipment, and
p.000252: personnel to achieve each objective.
p.000252: (k) Collaboration. (1) The Secretary considers the quality of collaboration.
p.000252: (2) In determining the quality of col- laboration, the Secretary considers one or more of the following
p.000252: factors:
p.000252: (i) The extent to which the appli- cant’s proposed collaboration with one or more agencies,
p.000252: organizations, or in- stitutions is likely to be effective in achieving the relevant proposed activi-
p.000252: ties of the project.
p.000252: (ii) The extent to which agencies, or- ganizations, or institutions dem- onstrate a
p.000252: commitment to collaborate with the applicant.
p.000252: (iii) The extent to which agencies, or- ganizations, or institutions that com- mit to collaborate
p.000252: with the applicant have the capacity to carry out collabo- rative activities.
p.000252: (l) Adequacy and reasonableness of the budget. (1) The Secretary considers the adequacy and the
p.000252: reasonableness of the proposed budget.
p.000252: (2) In determining the adequacy and the reasonableness of the proposed budget, the Secretary
p.000252: considers one or more of the following factors:
p.000252: (i) The extent to which the costs are reasonable in relation to the proposed project activities.
p.000252: (ii) The extent to which the budget for the project, including any sub-
p.000252:
p.000252: contracts, is adequately justified to support the proposed project activities.
p.000252: (iii) The extent to which the appli- cant is of sufficient size, scope, and quality to
p.000252: effectively carry out the ac- tivities in an efficient manner.
p.000252: (m) Plan of evaluation. (1) The Sec- retary considers the quality of the plan of evaluation.
p.000252: (2) In determining the quality of the plan of evaluation, the Secretary con- siders one or more of the
p.000252: following fac- tors:
p.000252: (i) The extent to which the plan of evaluation provides for periodic assess- ment of progress
p.000252: toward—
p.000252: (A) Implementing the plan of oper- ation; and
p.000252: (B) Achieving the project’s intended outcomes and expected impacts.
p.000252: (ii) The extent to which the plan of evaluation will be used to improve the performance of the project
p.000252: through the feedback generated by its periodic as- sessments.
p.000252: (iii) The extent to which the plan of evaluation provides for periodic assess- ment of a project’s
...
Appendix
Indicator List
Indicator | Vulnerability |
access | Access to Social Goods |
age | Age |
authority | Relationship to Authority |
blind | visual impairment |
blindness | visual impairment |
children | Child |
disability | Mentally Disabled |
disabled | Mentally Disabled |
drug | Drug Usage |
education | education |
family | Motherhood/Family |
gender | gender |
illness | Physically Disabled |
impairment | Cognitive Impairment |
job | Occupation |
minority | Racial Minority |
parents | parents |
race | Racial Minority |
Indicator Peers (Indicators in Same Vulnerability)
Indicator | Peers |
blind | ['blindness'] |
blindness | ['blind'] |
disability | ['disabled'] |
disabled | ['disability'] |
minority | ['race'] |
race | ['minority'] |
Trigger Words
capacity
developing
protection
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input