TITLE 34 - EDUCATION

SUBTITLE B - REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION

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

PART 361 - STATE VOCATIONAL REHABILITATION SERVICES PROGRAM

subpart c - FINANCING OF STATE VOCATIONAL REHABILITATION PROGRAMS

361.63 - Program income.

  (a) Definition. For purposes of this section, program income means gross income received by the State that is directly generated by an activity supported under this part.

  (b) Sources. Sources of program income include, but are not limited to, payments from the Social Security Administration for assisting Social Security beneficiaries and recipients to achieve employment outcomes, payments received from workers' compensation funds, fees for services to defray part or all of the costs of services provided to particular individuals, and income generated by a State-operated community rehabilitation program.

  (c) Use of program income. (1) Except as provided in paragraph (c)(2) of this section, program income, whenever earned, must be used for the provision of vocational rehabilitation services and the administration of the State plan. Program income is considered earned when it is received.

  (2) Payments provided to a State from the Social Security Administration for assisting Social Security beneficiaries and recipients to achieve employment outcomes may also be used to carry out programs under part B of Title I of the Act (client assistance), part B of Title VI of the Act (supported employment), and Title VII of the Act (independent living).

  (3) The State is authorized to treat program income as (i) An addition to the grant funds to be used for additional allowable program expenditures, in accordance with 34 CFR 80.25(g)(2); or (ii) A deduction from total allowable costs, in accordance with 34 CFR 80.25(g)(1).

  (4) Program income cannot be used to meet the non-Federal share requirement under 361.60.

(Authority: Section 108 of the Act; 29 U.S.C. 728; 34 CFR 80.25)