HAR §17-400.1-3
HAR §17-400.1-3. State plan
Length: 666 wordsOfficial source
Cite as Haw. Code R. § 17-400.1-3
(a) The department
must submit to the U.S. Secretary of Education,
hereafter referred to as Secretary, and obtain
approval of, a State plan that contains a description
of the State’s VR services program, the plans and
policies (rules) to be followed in carrying out the
program, and other information requested by the
Secretary, in accordance with 34 C.F.R. section 361.10
and the requirements of this section.
(b) The department may choose to submit the
State plan for VR services as part of the State
unified plan under section 501 of the Workforce
Investment Act of 1998. The portion of the State
unified plan that includes the State plan for VR
services must meet the State plan requirements in this
section.
(c) Prior to the adoption of any substantive
rules governing the provision of VR services under the
State plan, including making any substantive amendment
to those rules, the State plan must assure that the
department conducts public meetings throughout the
State to provide the public, including individuals
with disabilities, an opportunity to comment on the
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rules, in accordance with the following requirements:
(1)
The State plan must assure that the
department provides appropriate and
sufficient notice throughout the State of
the meetings in accordance with State law
governing public meetings.
(2)
The State plan must provide a summary of the
input of the State Rehabilitation Council
(Council) into the State plan and any
amendments to the State plan, including:
(A)
Recommendations from the annual report
of the Council;
(B)
The Council’s review and analysis of
the effectiveness of, and consumer
satisfaction with:
(i)
The functions performed by the
department;
(ii)
The VR services provided by State
agencies and other public and
private entities responsible for
providing VR services to
individuals with disabilities; and
(iii)
The employment outcomes achieved
by eligible individuals receiving
services including the
availability of health and other
employment benefits in connection
with those employment outcomes;
(C)
Other reports prepared by the Council;
and
(D)
The division’s response to the input
and recommendations, including
explanations of reasons for rejecting
any input or recommendations of the
Council.
(3)
The State plan must assure that the
department actively consults with the
director of the Client Assistance Program,
the State Rehabilitation Council, and, as
appropriate, Indian tribes, tribal
organizations, and native Hawaiian
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organizations on its rules governing the
provision of VR services under the State
plan.
(4)
The division must provide to the public,
through appropriate modes of communication:
(A)
Notices of the public meetings;
(B)
Any materials furnished prior to or
during the public meetings; and
(C)
The rules governing the provision of VR
services under the State plan.
(d) The State plan remains in effect, subject to
the submission of modifications the division
determines to be necessary or the Secretary may
require, based on a change in State policy, a change
in Federal law, including regulations, an
interpretation of the Rehabilitation Act of 1973, as
amended, hereafter referred to as the Act, by a
Federal court or the highest court of the State, or a
finding by the Secretary, of State noncompliance with
the requirements of the Act, or Federal regulations.
(e) The division must submit the State plan for
approval:
(1)
To the Secretary on the same date that the
State submits a State plan relating to the
statewide workforce investment system under
section 112 of the Workforce Investment Act
of 1998;
(2)
As part of the State unified plan submitted
under section 501 of the Workforce
Investment Act of 1998; or
(3)
To the Secretary on the same date that the
State submits a State unified plan under
section 501 of the Workforce Investment Act
that does not include the State plan under
this section.
(f) The division must make the following annual
submissions to the Secretary for approval:
(1)
Revisions to the State plan in accordance
with subsection (d) and 34 C.F.R. 76.140.
(2)
Annual updates of the information required
under 34 C.F.R. sections 361.18, 361.29, and
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