« PreviousContinue »
tion grant. Financial and other reports shall be submitted to the Regional Commissioner, in appropriate form, at intervals prescribed by the Administrator. Local rehabilitation agencies will submit reports to the State agency for forwarding to the Regional Commissioner. $ 403.32 Payments.
Payment of the Federal share of an approved project grant for services for migratory agricultural workers may be made in advance for estimated costs of operation, or as reimbursement to the grantee and shall be subject to such requirements as the Administrator may establish. Subpart C-Project Grants for New
Careers for the Handicapped § 403.35 Terms. For purposes of this subpart
(a) The terms "act,” “Administrator," "handicapped individual,” “nonprofit," and “Regional Commissioner" shall have the same meanings as set forth in $ 401.1 of this chapter.
(b) "State" means the several States, the District of Columbia, the Virgin Islands, Puerto Rico, Guam, American Samoa, and the Trust Territory of the Pacific Islands.
(c) "State agency” or “State vocational rehabilitation agency” has the same meaning as set forth in § 401.1(v) of this chapter and, in addition, means the Governor of American Samoa and the High Commissioner of the Trust Territory of the Pacific Islands. $ 403.36 Purpose.
Under section 4(a) (2) (D) of the act, grants may be made to State vocational rehabilitation agencies and other public and private nonprofit agencies to enable them to develop new programs to recruit and train handicapped individuals to provide them with new career opportunities in the fields of rehabilitation, health, welfare, public safety, and law enforcement, and other appropriate public service employment. $ 403.37 Non-Federal funds.
In the case of any project under this subpart for which Federal funds are granted to pay part of the cost, the matching grantee funds may not consist of other Federal funds or of non-Federal funds that are applied to match other Federal funds, except as may be specifically authorized by Congress. No Fed
eral financial assistance may be furnished under this subpart for activities for which payment is made under another part of this chapter, or other authority. $ 403.38 Application procedure.
Applications : or grants under this program may be made at any time by State vocational rehabilitation agencies or by other public or private nonprofit agencies or organizations. The application shall be made in the form and detail required by the Administrator and shall be submitted to the Regional Commissioner for review for approval. Applicants other than a State vocational rehabilitation agency shall secure prior consultation and assistance from the appropriate State vocational rehabilitation agency or agencies in the development of their proposals and the preparation of their applications. If the applicant is an organization or agency other than a State vocational rehabilitation agency, the application must have prior approval of the appropriate State vocational rehabilitation agency or agencies before submittal to the Regional Commissioner for approval. § 403.39 Application content.
The application shall (a) describe the organization that will conduct the activities, indicating the nature and scope of its public service programs; (b) describe the specific recruitment and training activities to be undertaken for handicapped individuals; (c) provide for qualified and adequate staff, including a project director, to accomplish the purpose of the project; (d) specify the duration of the project; (e) describe supportive services to be provided to handicapped individuals to be served within the project; (f) indicate plans for ensuring that individuals successfully completing the program have an opportunity for appropriate public service employment; (g) indicate the extent to which the occupations for which training is being provided offer possibilities for continuing full-time employment and realizable opportunity for promotion and advancement through structured channels of promotion; (h) assure that no training or instruction shall be provided to any individual for any one course of study for a period longer than 4 years; (i) set forth the proposed budget for the project; (j) contain an agreement to make such reports and to keep such records and accounts as the Administrator
may require and to make such records within State vocational rehabilitation and accounts available for audit pur agencies and other public service agenposes; and (k) contain such other in cies, and institutions and facilities such formation as the Administrator may as hospitals, rehabilitation facilities, require.
mental health centers, schools, libraries,
and courts, which represent either new § 403.40 Project activities.
occupations for handicapped individuals (a) Projects for new careers for the in need of new types of gainful employhandicapped may include, but are not
ment or new or redefined subprofessional limited to, such activities as the follow
positions within public service agencies. ing: (1) The provision of training and
Such positions may include, but are not education which might not otherwise be
limited to, rehabilitation counselor aides, available to handicapped individuals in
outreach workers, recreation aides, nursneed of new occupations; (2) the de
ing home aides, hospital aides, mental velopment of special training programs to health aides, community health service enable handicapped individuals to enter
workers, library aides, school daycare public service occupations generally not
aides, school clerical aides, patrolman open to them; (3) the establishment of
aides, juvenile court aides, parole aides, new jobs or new kinds of jobs either
and probation aides. within existing programs or as a part of a new service in a State vocational reha & 403.43 Federal financial participation. bilitation agency or in another public or (a) Federal financial participation private nonprofit public service agency; will be available only for those activiand (4) the redefinition and restructur ties approved, and in the amount specing of existing jobs to enable new career ified, in the project application. opportunities in community and institu
(b) Federal funds may be used to tional public service programs.
finance the costs of salaries and related (b) Projects for new careers for handi
expenses, including travel expenses; neccapped individuals may not include: (1)
essary supportive services provided to Construction, alteration, or renovation of
those handicapped individuals being rebuildings except for such minor altera
cruite trained for new career option as might be necessary to eliminate architectural barriers of buildings used
portunities; training allowances for for the training or employment of handi
trainees; training supplies, rental of capped individuals; or (2) research. space; purchase of equipment; and other
expenses approved by the Administrator. § 403.41 Selection of handicapped individuals to be served in projects.
(c) Federal financial participation in
any single project shall be limited to a Individuals to receive services under
maximum of 5 years. this subpart shall be only those individuals who have been determined by the $ 403.44 Project revision. State agency to be handicapped individ
A revision to an approved project shall uals who are suitable for such services.
be submitted whenever necessary to re$ 403.42 Examples of new career oppor flect any material change in the scope of tunities for the handicapped.
the project or in its operation or (a) New career opportunities for the administration. handicapped under this subpart may in
$ 403.45 Grant awards. clude training and preparation for positions in the fields of rehabilitation,
All grant awards shall be in writing, health, welfare, public safety, and law
shall set forth the amount of funds enforcement, and other appropriate pub granted, and shall constitute for such lic service employment. Such career op amounts the encumbrance of Federal portunities may be designed either to funds available for such purpose on the provide training in those fields and date of the award. The initial award shall disciplines leading to professional and
also specify the project period for which other employment within public service
support is contemplated if the activity agencies, or to develop those skills neces
is satisfactorily carried out and Federal sary for subprofessional and other employment within appropriate public serv
funds are available. For continuation ice agencies.
support, grantees must make separate (b) New career opportunities for the application in the form and detail rehandicapped may include positions quired by the Administrator.
$ 403.46 Reports.
of a project, the proportion of unex
pended funds attributable to the Federal In the case of any project, a final
grant shall be refunded. activity report shall be submitted not later than 90 days following termination
Subpart D— Projects With Industry of the project. A progress report shall also be submitted with each request for
& 403.60 Terms. a continuation grant. Fnancial and other For purposes of this subpartreports shall be submitted at the intervals (a) The terms “act,” “Administrator,” prescribed by the Administrator. All re “handicapped individual,” "Regional ports shall be submitted to the Regional Commissioner,” and “vocational rehaCommissioner in the form and contain bilitation services” shall have the same ing the information specified by the meanings as set forth in § 401.1 of this Administrator, with copies to the State chapter. vocational rehabilitation agency if the (b) "State” means the several States, grantee is other than the State agency. the District of Columbia, the Virgin $ 403.47 Payments.
Islands, Puerto Rico, Guam, American
Samoa, and the Trust Territory of the Payment of the Federal funds for an
Pacific Islands. approved project may be made in ad
(c) "State agency” or “State vocavance for estimated costs of operation,
tional rehabilitation agency” has the or as reimbursement to the grantee and
same meaning as set forth in $ 401.1(v) shall be subject to such requirements
of this chapter and, in addition, means As the Administrator may establish.
the Governor of American Samoa and $ 403.48 Interest.
the High Commissioner of the Trust Ter
ritory of the Pacific Islands. Pursuant to section 203 of the Intergovernmental Cooperation Act of 1968 § 403.61 Purpose. (Public Law 90–577), a State, as defined Under section 4(a) (2) (B) of the act, in section 102 of that Act, will not be
contracts or jointly financed cooperative held accountable for interest earned on
arrangements may be made with emgrant funds, pending their disbursement
ployers and organizations for the estabfor program purposes. A State, as de
lishment of projects which are designed fined in the Intergovernmental Cooper to prepare handicapped individuals for ation Act, section 102, means any one of gainful employment in the competitive the several States, the District of Colum labor market and under which such indibia, Puerto Rico, any territory or posses viduals may be provided training and emsion of the United States, or any agency ployment in a realistic work setting and or instrumentality of a State, but does such other services as are necessary for not include the governments of the polit such individuals to continue to engage ical subdivisions of the State. All other
in such employment. grantees must return to the Social and Rehabilitation Service all interest earned
§ 403.62 Employers and organizations. on grant funds.
A project may be undertaken only $ 403.49 Termination.
upon execution of a contract or ar
rangement between the Administrator If for any reason the grantee discon and an employer or organization. Any intinues an approved project, the grantee dustrial, business, or commercial entershall notify the Regional Commissioner prise; labor organization; or employer, and the State agency in writing, giving industrial, or community trade associathe reasons for termination, an ac tion; or other agency or organization counting of funds granted for the proj with the capacity to arrange, coordinate, ect, and other pertinent information. or conduct training and other employThe grant may be terminated, in whole ment programs for the handicapped in a or part, at any time at the discretion of realistic work setting, may enter into the Administrator. The grantee, and the such contracts or arrangements. Such State agency, if the grantee is Other training and employment programs shall than the State agency, will be given include a planned and systematic seprompt notice of the termination, in quence of training and instruction in occluding the reasons therefor. Such infor cupational and employment skills, and mation shall not affect obligations in provide reasonable assurance of gainful curred prior to the termination of the employment at the successful terminagrant. Upon termination or completion tion of such training and instruction,
§ 403.63 Project activities.
Projects with industry may include, but are not limited to, such activities as the following: (a) The provision of onthe-job training for handicapped individuals; (b) the provision of prevocational and other job readiness training for handicapped individuals; (c) such special orientation for supervisors; foremen, and other personnel as might contribute to the training and continuing employment of handicapped individuals; (d) supportive services such as job coaching, basic education, personal adjustment training, and personal and job counseling to assist handicapped individuals to maintain themselves in employment; (e) the recruitment and employment of special placement personnel by employers or organizations to assist in the job placement of additional numbers of handicapped persons; and (f) such other activities as may be necessary to prepare handicapped individuals for competitive employment and to assist them to continue to engage in such employment. § 403.64 Application procedure.
(a) An employer or organization desiring to apply for a project for training and employing the handicapped shall consult the State vocational rehabilitation agency for technical advice in the development of the project. In those cases where applicant employers or organizations are located in more than one State and propose to operate a project in more than one State, the applicant shall request technical advice from the Administrator.
(b) Where the proposed project involves activities to be conducted within a single State, the State vocational rehabilitation agency will explore the feasibility of the project. Where the proposed project involves activities to be conducted in more than one State, the Administrator shall conduct, or coordinate in association with the appropriate State agencies, studies of project feasibility.
(c) Where projects involve activities to be conducted in a single State, the application shall be submitted to the appropriate State vocational rehabilitation agency for review and approval, and the State agency shall forward such application to the Regional Commissioner for approval. Approved applications shall be forwarded to the Administrator for exe
cution of the contract or cooperative agreement. Where projects involve activities to be conducted in more than one State, the application shall be submitted to the Administrator for coordination with and approval of the Regional Commissioners and the appropriate State vocational rehabilitation agencies, regarding project activities to be conducted in their respective States, prior to the execution of the contract or cooperative arrangement by the Administrator. § 403.65 Application content.
The application shall (1) include a description of the nature and scope of the project activities; (2) provide for qualified and adequate staff to accomplish the purposes of the project; and (3) provide a proposed budget. $ 403.66 Prior assurances for contracts
and arrangements. Prior to entering into a contract or a cooperative arrangement with an applicant, it will first be determined that there is:
(a) Concurrence with the project by the bargaining agent where there is a collective bargaining agreement applicable to the employer and the occupation;
(b) Reasonable assurance that the wage rate to be set for trainees will not tend to create unfair competitive labor cost advantages nor have the effect of impairing or depressing wage or working standards established for experienced workers for work of a like or comparable character;
(c) No abnormal labor condition such as a strike, a lock-out, or other similar condition, existing with respect to the applicant; and
(d) Reasonable assurance that the State agency will, to the maximum extent practicable, maintain a continuing relationship with the handicapped individuals to be served in the project in order to provide, or ensure the availability of, necessary vocational rehabilitation services and related supportive services. $ 403.67 General provisions of contracts
and arrangements. Any contract or arrangement tered into shall, in addition to standard provisions:
(a) Provide for adherence to the terms or conditions of employment prescribed by any applicable Federal, State, or local law;
(b) Provide that determination by the extent that such acts are applicable competent authority of failure to adhere to the trainee; and to the terms or conditions required by (c) Any minimum rate applicable to subsection (a) of this section shall con the trainee and required under any other stitute cause for termination of the con Federal law, or any State or local law. tract or arrangement;
The contract or arrangement shall (c) Provide that the recruitment,
further provide for an increasing rate examination, appointment, training,
of payment to trainees if the training promotion, retention, or any other per
program is of such duration that periodic sonnel action with respect to any handi
increases are reasonable and if the capped individual receiving training or
proficiency of such trainees merits such employment, shall be without regard to
increases. race, sex, color, creed, age, or national origin, and that violation shall constitute § 403.69 On-the-job training. grounds for termination of the con
The contract or arrangement shall tract or arrangement and that the
(a) Provide for methods of instrucUnited States shall have a right to seek
tion, progression of trainees, and size of judicial enforcement of this provision;
the training group (including any appro(d) Provide that trainees shall be
priate combination of individualized or compensated for hours spent in produc
group training), which shall be comtion of any goods or services;
parable in duration to other training (e) Provide that individuals to receive
programs for the particular occupation, training or employment services under
and adequate in content to qualify the contract or arrangement will include
trainees for employment; only those individuals who have been
(b) Provide adequate and safe facilidetermined by the appropriate State
ties and equipment; and agency to be handicapped individuals
(c) Require that suitable records of who are suitable for such services;
attendance, performance and progress of (f) Provide reasonable assurance that
trainees be maintained and that such handicapped individuals successfully
records be made available to the Admincompleting the training program will be
istrator when so requested. employed by the employer or within a similar enterprise;
& 403.70 Sharing of costs. (g) Specify the duration of the Although no minimum share will be project;
required of applicants, they may be ex(h) Contain an agreement to make pected to share the costs of projects. In such reports and to keep such records such cases, the costs to be borne by the and accounts as the Administrator may parties to the contract or arrangement require, and to make such records and will be a matter of negotiation. accounts available for audit purposes, and
$ 403.71 Payments. (i) Contain an agreement to provide (a) Payments under a contract or arsuch other information as the Admin rangement shall be pursuant to the terms istrator may require.
thereof and may be made in advance on § 403.68 Rates under contracts or ar
the basis of estimated costs of operation
or by way of reimbursement and shall be rangements.
subject to such requirements as the AdThe contract or arrangement shall in ministrator may establish; clude the rate of compensation to be paid (b) The total payments shall not exto trainees. In no case shall the wage ceed the amount specified in the contract rate paid a trainee be less than the fol or arrangement. Contracts or arrangelowing, whichever is highest:
ments may provide for payment with re(a) The minimum entrance rate for spect to such items as job training and inexperienced workers in the same oc related supportive services; instruction cupation or if the occupation is new to and supervision of trainees; training mathe establishment, the prevailing en terials and supplies, including consumtrance rate for the occupation among able materials, instructional aids, excesother establishments in the community sive waste and scrap; bonding fees, liabil
ity and insurance premiums; the pur(b) The minimum rate required under chase or modification of equipment the Fair Labor Standards Act or the adapted to the special capacity of handiWalsh-Healey Public Contracts Act, to capped individuals; such minor altera