Part 300 Assistance to States for the Education of Children With Disabilities
Part 303 Early Intervention Program for Infants and Toddlers With Disabilities
Part 304 Service Obligations Under Special Education-Personnel Development to Improve Services and Results for Children With Disabilities
Part 361 State Vocational Rehabilitation Services Program
Part 363 The State Supported Employment Services Program
Part 367 Independent Living Services for Older Individuals Who Are Blind
Part 370 Client Assistance Program
Part 371 American Indian Vocational Rehabilitation Services
Part 373 Rehabilitation National Activities Program
Part 381 Protection and Advocacy of Individual Rights
Part 385 Rehabilitation Training
Part 386 Rehabilitation Training: Rehabilitation Long-Term Training
Part 387 Innovative Rehabilitation Training
Part 390 Rehabilitation Short-Term Training
Part 395 Vending Facility Program for the Blind On Federal and Other Property
Part 396 Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind
Part 397 Limitations On Use of Subminimum Wage

Terms Used In CFR > Title 34 > Subtitle B > Chapter III

  • Act: means the Rehabilitation Act, as amended by WIOA. See 34 CFR 367.5
  • Act: means the Atomic Energy Act of 1954 (42 U. See 10 CFR 20.1003
  • Act: means the Age Discrimination Act of 1975, as amended, (title III of Pub. See 10 CFR 4.303
  • Action: means any act, activity, policy, rule, standard, or method of administration. See 10 CFR 4.303
  • Advocacy: means pleading an individual's cause or speaking or writing in support of an individual. See 34 CFR 367.5
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Age: means how old a person is, or the number of elapsed years from the date of a person's birth. See 10 CFR 4.303
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessment: means the ongoing procedures used by qualified personnel to identify the child's unique strengths and needs and the early intervention services appropriate to meet those needs throughout the period of the child's eligibility under this part and includes the assessment of the child, consistent with paragraph (c)(1) of this section and the assessment of the child's family, consistent with paragraph (c)(2) of this section. See 34 CFR 303.321
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attendant care: means a personal assistance service provided to an individual with significant disabilities in performing a variety of tasks required to meet essential personal needs in areas such as bathing, communicating, cooking, dressing, eating, homemaking, toileting, and transportation. See 34 CFR 367.5
  • Balanced budget: A budget in which receipts equal outlays.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Basic component: (1)(i) When applied to nuclear power plants licensed under 10 CFR part 50 or part 52 of this chapter, basic component means a structure, system, or component, or part thereof that affects its safety function necessary to assure:

    (A) The integrity of the reactor coolant pressure boundary. See 10 CFR 21.3

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Chairperson: means the Chairperson of the Council, as appointed by the President, or any person to whom the Council has delegated authority for the matter concerned. See 5 CFR 10001.2
  • child: as used in this part and any reference to "school" means "EIS provider" as used in this part. See 34 CFR 303.29
  • Commercial grade item: (1) When applied to nuclear power plants licensed pursuant to 10 CFR part 50, commercial grade item means a structure, system, or component, or part thereof that affects its safety function, that was not designed and manufactured as a basic component. See 10 CFR 21.3
  • Commission: means the Nuclear Regulatory Commission or its duly authorized representatives. See 10 CFR 20.1003
  • Commission: means the Commission of five members or a quorum thereof sitting as a body, as provided by section 201 of the Energy Reorganization Act of 1974. See 10 CFR 9.3
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • construction: means the analysis, design, manufacture, fabrication, placement, erection, installation, modification, inspection, or testing of a facility or activity which is subject to the regulations in this part and consulting services related to the facility or activity that are safety related. See 10 CFR 21.3
  • Construction: Nothing in this section shall be construed to require--

    (1) That additional information be included in a child's IEP beyond what is explicitly required in section 614 of the Act. See 34 CFR 300.320

  • Contract: means a legal instrument by which RSA in subpart B or the DSA receiving a grant under this part purchases property or services needed to carry out the program under this Part. See 34 CFR 367.5
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Council: means the National Council on Disability, established by the Rehabilitation Act of 1973 (29 U. See 5 CFR 10001.2
  • Critical characteristics: When applied to nuclear power plants licensed pursuant to 10 CFR part 50, critical characteristics are those important design, material, and performance characteristics of a commercial grade item that, once verified, will provide reasonable assurance that the item will perform its intended safety function. See 10 CFR 21.3
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dedicating entity: When applied to nuclear power plants licensed pursuant to 10 CFR part 50, dedicating entity means the organization that performs the dedication process. See 10 CFR 21.3
  • Dedication: (1) When applied to nuclear power plants licensed pursuant to 10 CFR part 50, dedication is an acceptance process undertaken to provide reasonable assurance that a commercial grade item to be used as a basic component will perform its intended safety function and, in this respect, is deemed equivalent to an item designed and manufactured under a 10 CFR part 50, appendix B, quality assurance program. See 10 CFR 21.3
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Deviation: means a departure from the technical requirements included in a procurement document, or specified in early site permit information, a standard design certification or standard design approval. See 10 CFR 21.3
  • DHS: means the U. See 6 CFR 3.1
  • Director: means an individual, appointed or elected according to law, who is authorized to manage and direct the affairs of a corporation, partnership or other entity. See 10 CFR 21.3
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discovery: means the completion of the documentation first identifying the existence of a deviation or failure to comply potentially associated with a substantial safety hazard within the evaluation procedures discussed in §21. See 10 CFR 21.3
  • Donor: The person who makes a gift.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evaluation: means the process of determining whether a particular deviation could create a substantial hazard or determining whether a failure to comply is associated with a substantial safety hazard. See 10 CFR 21.3
  • Evaluation: means the procedures used by qualified personnel to determine a child's initial and continuing eligibility under this part, consistent with the definition of infant or toddler with a disability in §303. See 34 CFR 303.321
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General: As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300. See 34 CFR 300.320
  • General: (1) As used in this part, service coordination services mean services provided by a service coordinator to assist and enable an infant or toddler with a disability and the child's family to receive the services and rights, including procedural safeguards, required under this part. See 34 CFR 303.34
  • General Counsel: means the Council's principal legal advisor, or his or her designee. See 5 CFR 10001.2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Government agency: means any executive department, military department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. See 10 CFR 9.3
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Independent living services for older individuals who are blind: means those services listed in §367. See 34 CFR 367.5
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual: means a citizen of the United States or an alien lawfully admitted for permanent residence. See 10 CFR 9.51
  • Individual: means any human being. See 10 CFR 20.1003
  • Initial assessment: refers to the assessment of the child and the family assessment conducted prior to the child's first IFSP meeting. See 34 CFR 303.321
  • initial evaluation: refers to the child's evaluation to determine his or her initial eligibility under this part. See 34 CFR 303.321
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • License: means a license issued under the regulations in parts 30 through 36, 39, 40, 50, 60, 61, 63, 70, or 72 of this chapter. See 10 CFR 20.1003
  • Licensee: means the holder of a license. See 10 CFR 20.1003
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • maintain: includes maintain, collect, use or disseminate. See 10 CFR 9.51
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Notification: means the telephonic communication to the NRC Operations Center or written transmittal of information to the NRC Document Control Desk. See 10 CFR 21.3
  • NRC: means the Nuclear Regulatory Commission or its duly authorized representatives. See 10 CFR 20.1003
  • NRC: means the Nuclear Regulatory Commission, established by the Energy Reorganization Act of 1974. See 10 CFR 9.3
  • NRC personnel: means employees, consultants, and members of advisory boards, committees, and panels of the NRC. See 10 CFR 9.3
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Older individual who is blind: means an individual age fifty-five or older whose severe visual impairment makes competitive employment extremely difficult to obtain but for whom IL goals are feasible. See 34 CFR 367.5
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Outlying areas: means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. See 34 CFR 300.717
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal assistance services: means a range of IL services, provided by one or more persons, designed to assist an older individual who is blind to perform daily living activities on or off the job that the individual would typically perform if the individual was not blind. See 34 CFR 367.5
  • Personal property: All property that is not real property.
  • Personally identifiable information: means personally identifiable information as defined in 34 CFR 99. See 34 CFR 303.29
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Primary referral sources: As used in this subpart, primary referral sources include--

    (1) Hospitals, including prenatal and postnatal care facilities. See 34 CFR 303.303

  • Privacy Act: means the Privacy Act of 1974, 5 U. See 5 CFR 10001.2
  • Privacy Act Officer: means the person designated by the Council to be responsible for the day-to-day administration of the Privacy Act, currently delegated to the Council's Management Analyst. See 5 CFR 10001.2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Procurement document: means a contract that defines the requirements which facilities or basic components must meet in order to be considered acceptable by the purchaser. See 10 CFR 21.3
  • public agency: means the lead agency and any other agency or political subdivision of the State. See 34 CFR 303.30
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Record: means any item, collection or grouping of information about an individual that is maintained by the NRC, including, but not limited to, his or her education, financial transactions, medical history, employment history or criminal history, and that contains the individual's name, or the identifying number, symbol or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. See 10 CFR 9.51
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Responsible officer: means the president, vice-president or other individual in the organization of a corporation, partnership, or other entity who is vested with executive authority over activities subject to this part. See 10 CFR 21.3
  • Rulemaking petition: means a petition to issue, amend, or repeal a rule, as described at 5 U. See 6 CFR 3.1
  • school: means "EIS provider" as used in this part. See 34 CFR 303.29
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Special nuclear material access authorization: means an administrative determination that an individual (including a contractor or consultant) who is employed by or is an applicant for employment with an affected Commission contractor, licensee of the Commission, or contractor of a licensee of the Commission may work at a job which affords access to or control over special nuclear material and that permitting the individual to work at that job would not be inimical to the common defense and security. See 10 CFR 11.7
  • State: means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. See 34 CFR 300.717
  • Subaward: means a grant or a cooperative agreement provided by the DSA to a subrecipient for the subrecipient to carry out part of the Federal award received by the DSA under this part. See 34 CFR 367.5
  • Subpoena: A command to a witness to appear and give testimony.
  • Subrecipient: means a non-Federal entity that receives a subaward from the DSA to carry out part of the program funded under this part. See 34 CFR 367.5
  • Subrecipient: means any of the entities in the definition of "recipient" to which a recipient extends or passes on Federal financial assistance. See 10 CFR 4.303
  • Substantial safety hazard: means a loss of safety function to the extent that there is a major reduction in the degree of protection provided to public health and safety for any facility or activity licensed or otherwise approved or regulated by the NRC, other than for export, under parts 30, 40, 50, 52, 60, 61, 63, 70, 71, or 72 of this chapter. See 10 CFR 21.3
  • supplies: means contractually responsible for a basic component used or to be used in a facility or activity which is subject to the regulations in this part. See 10 CFR 21.3
  • System manager: means the NRC official responsible for maintaining a system of records. See 10 CFR 9.51
  • Systems of records: means a group of records under the control of the NRC from which information is retrieved by the name of an individual or by an identifying number, symbol, or other identifying particular assigned to an individual. See 10 CFR 9.51
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transportation: means travel and related expenses that are necessary to enable an older individual who is blind to benefit from another IL service and travel and related expenses for an attendant or aide if the services of that attendant or aide are necessary to enable an older individual who is blind to benefit from that IL service. See 34 CFR 367.5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Venue: The geographical location in which a case is tried.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Waste: means those low-level radioactive wastes containing source, special nuclear, or byproduct material that are acceptable for disposal in a land disposal facility. See 10 CFR 20.1003