Section 17-400.1-3 - State plan(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 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 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 361.35 and any other updates of the information required under this section that are requested by the Secretary.(3) The division is not required to submit rules or descriptions required under this section, that have been previously submitted to the Secretary and that demonstrate that the State meets the requirements of this section, including any rules, or descriptions submitted under this section that are in effect on August 6, 1998.(g) The Secretary approves any State plan and any revisions to the State plan that conform to the requirements of this section and section 101(a) of the Act.(h) The Secretary disapproves any State plan that does not conform to the requirements of this section and section 101(a) of the Act, and that is not in accordance with the following procedures: (1) Prior to disapproving any State plan, the Secretary attempts to resolve disputes informally with State officials.(2) If, after reasonable effort has been made to resolve the dispute, no resolution has been reached, the Secretary provides notice to the department of the intention to disapprove the State plan and of the opportunity for a hearing.(3) If the department requests a hearing, the Secretary designates one or more individuals, either from the U.S. Department of Education or elsewhere, not responsible for or connected with the administration of the State VR services program, to conduct a hearing in accordance with the provisions of 34 C.F.R. part 81, subpart A.(4) The hearing officer issues an initial decision in accordance with 34 C.F.R. 81.41.(5) The department may seek the Secretary's review of the initial decision in accordance with 34 C.F.R. part 81.(6) The Secretary reviews the initial decision in accordance with 34 C.F.R. 81.43.(7) The final decision of the U.S. Department of Education is made in accordance with 34 C.F.R. 81.44.(8) The department may appeal the Secretary's decision to disapprove the State plan by filing a petition for review with the United States Court of Appeals for the circuit in which the State is located, in accordance with section 107(d) of the Act.Haw. Code R. § 17-400.1-3
[Eff AUG 13 2007] (Auth: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§721, 727; 34 C.F.R. §§361.10, 361.20 ) (Imp: HRS § 347-4, 348-3, 348-6; 29 U.S.C. §721, 727; 34 C.F.R. §§361.10, 361.20 )