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 364 - STATE INDEPENDENT LIVING SERVICES PROGRAM AND CENTERS FOR INDEPENDENT LIVING PROGRAM: GENERAL PROVISIONS

subpart d - WHAT CONDITIONS MUST BE MET AFTER AN AWARD?

364.52 - What are the requirements for an IL plan?

  (a) General. (1) Unless the individual who is to be provided IL services under this part signs a waiver in accordance with paragraph (a)(2) of this section, the service provider, in collaboration with the individual with a significant disability, shall develop and periodically review an IL plan for the individual in accordance with the requirements in 364.43(c) and paragraphs (b) through (e) of this section.

  (2) The requirements of this section with respect to an IL plan do not apply if the individual knowingly and voluntarily signs a waiver stating that an IL plan is unnecessary.

  (3) Subject to paragraph (a)(2) of this section, the service provider shall provide each IL service in accordance with the IL plan.

  (b) Initiation and development of an IL plan. (1) Development of an individual's IL plan must be initiated after documentation of eligibility under 364.51(a) and must indicate the goals or objectives established, the services to be provided, and the anticipated duration of the service program and each component service.

  (2) The IL plan must be developed jointly and signed by the appropriate staff member of the service provider and the individual with a significant disability or, if consistent with State law and the individual chooses, the individual's guardian, parent, or other legally authorized advocate or representative.

  (3) A copy of the IL plan, and any amendments, must be provided in an accessible format to the individual with a significant disability or, if consistent with State law and the individual chooses, the individual's guardian, parent, or other legally authorized advocate or representative.

  (c) Review. (1) The IL plan must be reviewed as often as necessary but at least on an annual basis to determine whether services should be continued, modified, or discontinued, or whether the individual should be referred to a program of VR services under 34 CFR part 361 or to any other program of assistance.

  (2) Each individual with a significant disability or, if consistent with State law and the individual chooses, the individual's guardian, parent, or other legally authorized advocate or representative, must be given an opportunity to review the IL plan and, if necessary, jointly redevelop and agree by signature to its terms.

  (d) Coordination with vocational rehabilitation, developmental disabilities, and special education programs. The development of the IL plan and the provision of IL services must be coordinated to the maximum extent possible with any individualized (1) Written rehabilitation program for VR services for that individual; (2) Habilitation program for the individual prepared under the Developmental Disabilities Assistance and Bill of Rights Act; and (3) Education program for the individual prepared under part B of the Individuals with Disabilities Education Act.

  (e) Termination of services. If the service provider intends to terminate services to an individual receiving IL services under an IL plan, the service provider shall follow the procedures in 364.51(b)(2)(ii) through (iv) and (c). (Approved by the Office of Management and Budget under control number 1820 0527) (Authority: 29 U.S.C. 711(c) and 796c(e) and (j))