34 C.F.R. § 361.40

Reports; Evaluation standards and performance indicators

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(a) Reports. (1) The vocational rehabilitation services portion of the Unified or Combined State Plan must assure that the designated State agency will submit reports, including reports required under sections 13, 14, and 101(a)(10) of the Act—

(i) In the form and level of detail and at the time required by the Secretary regarding applicants for and eligible individuals receiving services, including students receiving pre-employment transition services in accordance with § 361.48(a); and

(ii) In a manner that provides a complete count (other than the information obtained through sampling consistent with section 101(a)(10)(E) of the Act) of the applicants and eligible individuals to—

(A) Permit the greatest possible cross-classification of data; and

(B) Protect the confidentiality of the identity of each individual.

(2) The designated State agency must comply with any requirements necessary to ensure the accuracy and verification of those reports.

(b) Evaluation standards and performance indicators—(1) Standards and indicators. The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this part are subject to the performance accountability provisions described in section 116(b) of the Workforce Innovation and Opportunity Act and implemented in regulations set forth in subpart E of this part.

(2) Compliance. A State's compliance with common performance measures and any necessary corrective actions will be determined in accordance with regulations set forth in subpart E of this part.

(Approved by the Office of Management and Budget under control number 1205-0522) (Authority: Sections 12(c), 101(a)(10)(A) and (F), and 106 of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c),721(a)(10)(A) and (F), and 726) [81 FR 55741, Aug. 19, 2016, as amended at 81 FR 55780, Aug. 19, 2016]

Notes of Decisions

Cited in 6 cases, 1985–1998 · leading case: Buchanan v. Ives, 793 F. Supp. 361 (D. Me. 1991).

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Buchanan v. Ives, 793 F. Supp. 361 (D. Me. 1991). “§ 722 (a) and 34 C.F.R. § 361.40 (a) (1990) which require that the IWRP “be developed jointly” by the vocational rehabilitation counselor and the individual with the handicap.”

Ferretti v. Commonwealth, 496 A.2d 437 (Pa. Commw. Ct. 1985). · cites it 2× “§§101 (a)(9), 102; 34 C.F.R. §§361.40 , 361.41, 361.42. 34 C.”

In Re the Appeal of Wenger, 504 N.W.2d 794 (Minn. Ct. App. 1993). “34 C.F.R. § 361.40 (c) (1992). This language suggests, but does not expressly state, that an individual’s vocational goal must also be developed or amended jointly by the individual and the provider of services.”

Stevenson v. Com., Dept. of Labor & Ind., 648 A.2d 344 (Pa. Commw. Ct. 1994). “See 34 C.F.R. § 361.40 (a), 41(a)(13), 42(a)(12) and (13), 43(a)(4).”

Stevenson v. Commonwealth, Dep't of Labor & Indus., 648 A.2d 344 (Pa. Commw. Ct. 1994). “See 34 C.F.R. § 361.40 (a), 41(a)(13), 42(a)(12) and (13), 43(a)(4).”

Feliciano Lopez v. Departamento de la Familia, 4 T.C.A. 101 (1998). “722 (a) (6); 34 C.F.R. § 361.40 , 361.41 (1997). Por su parte, Puerto Rico aprobó en su plan estatal, entre otros, las "Guías y Procedimientos a Seguirse para el Servicio de Adiestramiento a Nivel Post Graduado para Clientes bajo los Auspicios del Programa de Rehabilitación…”

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