No. 39220 (Amendment): Rule R280-200. Rehabilitation

(Amendment)

DAR File No.: 39220
Filed: 03/16/2015 10:49:02 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R280-200 is amended to provide language that clarifies the authority required for the Utah State Office of Rehabilitation (USOR) to make application for new federal grants or reallotment funding.

Summary of the rule or change:

Section R280-200-2 changes the authority to adopt and incorporate by reference from the Utah State Board of Education (Board) to the USOR. Additionally, a new Section R280-200-3 is added to provide the procedures for approval of applications for new federal grants or reallotment funding.

State statutory or constitutional authorization for this rule:

• Section 53A-24-105

Anticipated cost or savings to:

the state budget:

The amendments pertain to USOR and Board procedures which likely will not result in a cost or savings to the state budget.

local governments:

The amendments pertain to USOR and Board procedures which likely will not result in a cost or savings to local government.

small businesses:

The amendments pertain to USOR and Board procedures which likely will not result in a cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

The amendments pertain to USOR and Board procedures which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments pertain to USOR and Board procedures which likely will not result in any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Brad C. Smith, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Rehabilitation
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Brad Smith at the above address, by phone at 801-538-7510, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/01/2015

This rule may become effective on:

05/08/2015

Authorized by:

Brad Smith, State Superintendent of Public Instruction

RULE TEXT

R280. Education, Rehabilitation.

R280-200. Rehabilitation.

R280-200-1. Authority and Purpose.

A. This rule is authorized by Section 53A-24-105 which permits the Utah State Board of Education to administer funds made available for vocational rehabilitation and independent living.

B. The purpose of this rule is to establish the standards and procedures for the Utah State Office of Rehabilitation.

 

R280-200-2. Standards and Procedures for Vocational Rehabilitation.

A. The Utah State [Board of Education]Office of Rehabilitation shall adopt[s] and incorporate[s] by reference within this rule the standards and procedures of: the Rehabilitation Act of 1973, P.L. 102-569 (amended in 1998).

B. In addition, the Utah State [Board of Education]Office of Rehabilitation shall conduct the Rehabilitation Program consistent with:

(1) All state plans which are required and submitted under P.L. 102-569, including those for Vocational Rehabilitation, Title VI C, and Independent Living Rehabilitation Services and

(2) The Case Service Manual for the Vocational Rehabilitation Program, developed by the Utah State Office of Rehabilitation, 2012, available from the Utah State Office of Rehabilitation and from vocational rehabilitation counselors employed by the Utah State Office of Rehabilitation.

 

R280-200-3. Board Approval for Federal Funding Requests.

A. The Utah State Office of Rehabilitation shall not make application for new federal grants or reallotment funding without prior approval of the Utah State Board of Education. As part of the approval process, the Utah State Office of Rehabilitation shall sufficiently inform the Utah State Board of Education about the implications of all match and maintenance of effort (MOE) requirements.

B. The Utah State Office of Rehabilitation may not borrow ahead from future federal or state years without approval from the Utah State Board of Education.

 

KEY: vocational education, rehabilitation

Date of Enactment or Last Substantive Amendment: [June 7, 2013]2015

Notice of Continuation: April 8, 2013

Authorizing, and Implemented or Interpreted Law: 53A-24-105

 

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