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Title 34: Education
Subtitle B: Regulations of the Offices of the Department of Education (Continued)
CHAPTER III: OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
PART 361: STATE VOCATIONAL REHABILITATION SERVICES PROGRAM
Subpart B: State Plan and Other Requirements for Vocational Rehabilitation Services
: Administration
361.28 - Third-party cooperative arrangements involving funds from other public agencies.
(a) The designated State unit may enter into a third-party cooperative arrangement for providing or administering vocational rehabilitation services with another State agency or a local public agency that is furnishing part or all of the non-Federal share, if the designated State unit ensures that?
(1) The services provided by the cooperating agency are not the customary or typical services provided by that agency but are new services that have a vocational rehabilitation focus or existing services that have been modified, adapted, expanded, or reconfigured to have a vocational rehabilitation focus;
(2) The services provided by the cooperating agency are only available to applicants for, or recipients of, services from the designated State unit;
(3) Program expenditures and staff providing services under the cooperative arrangement are under the administrative supervision of the designated State unit; and
(4) All State plan requirements, including a State's order of selection, will apply to all services provided under the cooperative program.
(b) If a third party cooperative agreement does not comply with the statewideness requirement in ? 361.25, the State unit must obtain a waiver of statewideness, in accordance with ? 361.26.
(Approved by the Office of Management and Budget under control number 1820-0500)
(Authority: Section 12(c) of the Act; 29 U.S.C. 709(c))
[66 FR 4382, Jan. 17, 2001, as amended at 66 FR 7253, Jan. 22, 2001]
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