FR Doc E8-9108[Federal Register: April 25, 2008 (Volume 73, Number 81)]
[Notices]
[Page 22351-22355]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap08-39]
Download: 
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
National Institute on Disability and Rehabilitation Research
(NIDRR)--Disability and Rehabilitation Research Projects and Centers
Program--Disability Rehabilitation Research Projects (DRRPs)
AGENCY: Office of Special Education and Rehabilitative Services
(OSERS), Department of Education.
ACTION: Notice of final priority and definitions.
-----------------------------------------------------------------------
SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services, in conjunction with the Assistant Secretary
for Vocational and Adult Education and the Assistant Secretary for
Postsecondary Education, announces a priority and definitions for a
Center on Postsecondary Education for Students With Intellectual
Disabilities (Center) under the DRRP program administered by NIDRR. The
Assistant Secretary may use this priority and definitions for
competitions in fiscal year (FY) 2008 and later years. We take this
action to focus research attention on areas of national need. We intend
this priority and definitions to improve postsecondary education and
other outcomes for individuals with intellectual disabilities.
DATES: Effective Date: This priority and definitions are effective May
27, 2008.
FOR FURTHER INFORMATION CONTACT: Tracy Justesen, U.S. Department of
Education, 400 Maryland Avenue, SW., Room 5107, Potomac Center Plaza,
Washington, DC 20202-2700. Attention Donna Nangle. Telephone: (202)
245-7462 or by e-mail: donna.nangle@ed.gov.
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities can obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION:
Disability and Rehabilitation Research Projects (DRRP) Program
The purpose of the DRRP program is to improve the effectiveness of
services authorized under the Rehabilitation Act of 1973, as amended,
by developing methods, procedures, and rehabilitation technologies that
advance a wide range of independent living and employment outcomes for
individuals with disabilities, especially individuals with the most
severe disabilities. DRRPs carry out one or more of the following types
of activities, as specified and defined in 34 CFR 350.13 through
350.19: Research, training, demonstration, development, dissemination,
utilization, and technical assistance. An applicant for assistance
under this program must demonstrate in its application how it will
address, in whole or in part, the needs of individuals with
disabilities from minority backgrounds (34 CFR 350.40(a)). The
approaches an applicant may take to meet this requirement are found in
34 CFR 350.40(b). In addition, NIDRR intends to require all DRRP
applicants to meet the General Disability and Rehabilitation Research
[[Page 22352]]
Projects (DRRP) Requirements priority that it published in a notice of
final priorities in the Federal Register on April 28, 2006 (71 FR
25472).
Additional information on the DRRP program can be found at:
http://www.ed.gov/rschstat/research/pubs/res-program.html#DRRP.
We published a notice of proposed priority and definitions (NPP)
for NIDRR's DRRP program in the Federal Register on December 11, 2007
(72 FR 70316). The NPP included a background statement that described
our rationale for the priority and definitions proposed in that notice.
There are differences between the NPP and this notice of final
priority and definitions (NFP) as discussed in the following section.
Analysis of Comments and Changes
In response to our invitation in the NPP, 11 parties submitted
comments on the proposed priority and definitions. An analysis of the
comments and of any changes in the priority and definitions since
publication of the NPP follows.
Generally, we do not address technical and other minor changes, or
suggested changes the law does not authorize us to make under the
applicable statutory authority. In addition, we do not address general
comments that raised concerns not directly related to the proposed
priority or definitions.
Comment: One commenter suggested that the Center be designed so
that students with intellectual disabilities (ID) or developmental
disabilities (DD) are not segregated from other students.
Discussion: The Center is designed to conduct research and
disseminate information on promising practices in postsecondary
education; it will not provide postsecondary education for students
with ID or DD. Therefore, because the Center will not provide direct
services to students, the recommendation that it be designed so that
students with ID or DD are not segregated from other students is
inapplicable.
Changes: None.
Comment: One commenter noted that individuals with disabilities
often have significant health issues and that success in postsecondary
education may be related to their health status. This commenter
recommended that the Center involve personnel with expertise in health
issues related to individuals with disabilities.
Discussion: Nothing in the priority precludes applicants from
proposing to involve personnel with expertise in the health of
individuals with ID (e.g., these individuals might serve on the
Center's advisory committee). However, we do not have a basis for
requiring all applicants to do so.
Changes: None.
Comments: Two commenters asked for a definition of ``longitudinal
study'' and whether the longitudinal study must be limited to an
analysis of existing datasets or if the Center could collect its own
longitudinal data. In addition, they asked whether applicants could
propose to conduct analyses of existing datasets that were not
mentioned specifically in the NPP.
Discussion: We recognize that, given the level of funding available
for the Center, the Center would be unable to conduct a longitudinal
study. Therefore, we have revised the priority to require the Center to
do one or both of the following: (1) Engage in data collection
activities, or (2) conduct secondary analyses of existing national and
State longitudinal datasets. The purpose of the data collection
activities and secondary data analyses would be to generate knowledge
about the extent to which variations in educational, vocational, and
independent living outcomes for students with ID are associated with
participation in different types of postsecondary education programs.
The National Longitudinal Transition Study-2 (NLTS-2) and the Florida
K-20 Data Warehouse are examples of existing data sources that contain
relevant data and have not been analyzed fully; applicants may propose
to use other extant data sources. We believe that much can be learned
from existing data sources without necessarily expending funds on
designing surveys or collecting data. Finally, we do not believe it is
necessary to define the term ``longitudinal study'' because the final
priority does not require the Center to conduct such a study.
Changes: We have removed all references to conducting a
longitudinal study from the priority. Instead, we have clarified the
language in paragraph (b) to indicate that the Center must (1) engage
in data collection activities; or (2) conduct secondary analyses of
existing datasets, such as the NLTS-2 and the Florida K-20 Data
Warehouse; or both.
Comment: One commenter suggested that efforts to collect new
longitudinal data or establish baseline data may be more beneficial
than analyses of existing data that are intended to generate knowledge
about the relationship between postsecondary education and outcomes
among individuals with ID.
Discussion: The funds available for this priority will likely not
permit the Center to collect new longitudinal data or establish
baseline data. However, we are convinced that conducting data
collection activities, secondary analyses of existing data, or both,
will generate new and beneficial knowledge about outcomes associated
with postsecondary education programs for individuals with ID. Because
this is the case, paragraph (b) of the priority allows applicants to
conduct data collection activities, analyze existing datasets, or
engage in both activities.
Changes: None.
Comment: Seven commenters noted that the datasets mentioned under
paragraph (b) of the priority (i.e., the NLTS-2 and the Florida K-20
Data Warehouse) have limitations in disability variables and
descriptors of postsecondary education programs that could negatively
impact the extent to which secondary analyses relating to the
population of individuals with ID may be completed. Further, the
commenters expressed concern that neither of these datasets contains
variables that are necessary to connect the outcomes of students with
ID to the different types of postsecondary education programs that
serve students with ID. These commenters also noted that neither
dataset provides information on dual enrollment programs, and that some
variables relating to postsecondary outcomes in the NLTS-2 dataset have
zero percent of cases of people with ID.
Discussion: With respect to disability variables or identifier
codes, while it is true that neither of the datasets mentioned in the
priority include the ``intellectual disabilities'' code, both datasets
include related codes that would make it possible to conduct analyses
that cover students with ID and that could address important outcomes
for this population. For example, although the Florida K-20 Data
Warehouse does not include an ``intellectual disabilities'' code, it
contains 22 ``exceptionality'' codes that include (a) educable mentally
handicapped, (b) trainable mentally handicapped, and (c) profoundly
mentally handicapped. Using these codes, it would be possible to
identify a sample of students with ID by selecting students whose
primary disability is educable, trainable, or profoundly mentally
handicapped, and to conduct any number of analyses related to the
outcomes for this population. Likewise, while the NLTS-2 does not
include an ``intellectual disabilities'' code, it would be possible to
identify a sample of students with ID in the dataset by selecting
students whose primary disability is mental retardation or who were
identified as
[[Page 22353]]
having mental retardation on either the parent or teacher interview.
With respect to descriptors of postsecondary education, while it is
true that neither dataset provides information on dual enrollment
programs, we believe that there are many variables or descriptors
related to students with ID that are worth exploring.
Lastly, the commenters observed that some variables related to
postsecondary outcomes in the NLTS-2 dataset show zero percent of cases
of individuals with ID. However, the commenters did not identify any
specific postsecondary variables or explain the importance of these
variables to the work of the Center. The NLTS-2 has five waves of data,
and only three of these waves include individuals who are old enough to
be included in the postsecondary sample, particularly because many
students with ID attend secondary school to the maximum age (21 years
old or older). We believe that the number of variables lacking relevant
cases should decline as individuals age in the postsecondary category.
Changes: None.
Comment: Seven commenters noted that the effort to develop and
implement postsecondary education programs for individuals with ID is
in its early stages. Given this fact, six of these commenters noted
that experimental designs would be premature, and one recommended that
the Center be allowed to use multiple research methods and data
collection designs.
Discussion: Paragraph (b) of the priority requires the Center to
conduct scientifically based research. The definition of scientifically
based research, as the term is used in the priority, includes but is
not limited to research that utilizes experimental or quasi-
experimental designs. We are interested in rigorous methods of research
that produce findings that are useful for the education field and for
further research. The peer review process will determine the merits of
each proposal.
Changes: None.
Comment: One commenter asked how ``postsecondary education
programs'' are defined.
Discussion: Although the Definitions section of the NPP included a
definition of ``postsecondary education programs,'' upon further
review, we believe that this definition is not sufficiently clear
because it did not incorporate the language from the background section
of the NPP referring to dual enrollment programs for students with ID
who are still enrolled in high school and are receiving special
education services. To clarify what we mean, instead of providing a
definition of ``postsecondary education programs,'' we will provide a
more expansive explanation of the term ``postsecondary education
programs'' in the text of the priority.
Changes: We have removed the definition of ``postsecondary
education programs'' from the Definitions section of this notice, and
revised paragraph (a) of the priority to provide a fuller explanation
of what is meant by this term.
Comment: Four commenters recommended that the Department's Office
of Postsecondary Education (OPE) be included in the list of the
Center's required collaborators in paragraph (h) of the priority.
Discussion: As described in the opening paragraph of the priority,
OPE is one of the sponsors of this Center. However, many of the
activities supported by this Center will focus on technical assistance
and research. Because OPE does not fund technical assistance grantees,
it would not be appropriate or useful to require the Center to
collaborate with OPE for purposes of this priority.
Changes: None.
Comment: Six commenters suggested that ``employment'' be added to
the list of key outcomes described in the opening sentence of paragraph
(b) of this priority. While these commenters noted that vocational
outcomes are important, they stated that employment should be
highlighted by specifically including it in the list of outcomes for
students with ID.
Discussion: We agree that employment is a desired outcome for
individuals with ID participating in postsecondary education programs
and will add it to the list of outcomes in paragraph (b) of the
priority.
Changes: We have added employment to the list of outcomes described
in paragraph (b) of the priority.
Comment: Five commenters noted that legislation is pending in
Congress that would authorize demonstration projects and a coordinating
center, the primary purpose of which would be training and technical
assistance on programs providing postsecondary education for
individuals with ID. These commenters noted that the Center should
focus primarily on research and dissemination of technical assistance
materials. The commenters recommend that the Center remain distinct
from the projects pending in Congress.
Discussion: We agree that the focus of the Center should be on
research and the dissemination of technical assistance materials, and
we believe that this purpose is reflected in the priority.
Changes: None.
Comment: Five commenters recommended that the priority expand the
age range of students with ID who will be the focus of the Center's
work to 13 to 26 years. They expressed that students with ID may
require additional time to complete a postsecondary education program.
These commenters also noted that the definition of students with
intellectual disabilities is overly restrictive in terms of the age of
onset of a student's disability and the scope of the disabilities
covered.
Discussion: We agree that the proposed age range of 16 to 24 years
is too restrictive. The age range of students included in the NLTS-2
and the Florida K-20 Education Data Warehouse is comparable to the age
range of 13 to 26 years suggested by the commenters. Changing the age
range to 13 to 26 years of age in the definition of students with
intellectual disabilities would support the Center's potential use of
these two databases as key data sources for its analyses. In addition,
using this age range would address the commenters' concerns that
students with ID may require additional time to complete a
postsecondary education program. Therefore, we will change the
definition of students with intellectual disabilities to cover
individuals 13 to 26 years of age. In addition, although some
individuals acquire disabilities that result in cognitive limitations
after the age of 18, we continue to agree with the American Association
of Intellectual and Developmental Disabilities and the Equal Employment
Opportunity Commission that students with intellectual disabilities are
students whose disability occurred before age 18. We do not believe
this definition is too restrictive in terms of scope of disabilities
covered; we are simply restricting the definition to those individuals
who acquired their disability prior to age 18 regardless of the
specific disability involved.
Changes: We have revised paragraph (a) of the definition of
students with intellectual disabilities so that the term includes
individuals ages 13 to 26.
Comment: Two commenters suggested that universal design for
learning be a required element for evaluating promising practices under
paragraph (a) of the priority. These commenters proposed a definition
of universal design for learning that the Department could use in
connection with the proposed priority.
Discussion: We consider universal design for learning to be one
approach that could be evaluated as a promising
[[Page 22354]]
practice rather than a required element for evaluating promising
practices. We, therefore, decline to make the requested changes.
Changes: None.
Note: This notice does not solicit applications. In any year in
which we choose to use this priority and definitions, we invite
applications through a notice in the Federal Register. When inviting
applications we designate the priority as absolute, competitive
preference, or invitational. The effect of each type of priority
follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by either
(1) awarding additional points, depending on how well or the extent to
which the application meets the competitive preference priority (34 CFR
75.105(c)(2)(i)); or (2) selecting an application that meets the
competitive preference priority over an application of comparable merit
that does not meet the priority (34 CFR 75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the invitational
priority. However, we do not give an application that meets the
invitational priority a competitive or absolute preference over other
applications (34 CFR 75.105(c)(1)).
This NFP is in concert with President George W. Bush's New Freedom
Initiative (NFI) and NIDRR's Final Long-Range Plan for FY 2005-2009
(Plan). The NFI can be accessed on the Internet at the following site:
http://www.whitehouse.gov/infocus/newfreedom.
The Plan, which was published in the Federal Register on February
15, 2006 (71 FR 8165), can be accessed on the Internet at the following
site: http://www.ed.gov/about/offices/list/osers/nidrr/policy.html.
Through the implementation of the NFI and the Plan, NIDRR seeks to:
(1) Improve the quality and utility of disability and rehabilitation
research; (2) foster an exchange of expertise, information, and
training to facilitate the advancement of knowledge and understanding
of the unique needs of traditionally underserved populations; (3)
determine best strategies and programs to improve rehabilitation
outcomes for underserved populations; (4) identify research gaps; (5)
identify mechanisms of integrating research and practice; and, (6)
disseminate findings.
Priority--Center on Postsecondary Education for Students With
Intellectual Disabilities
The Assistant Secretary for Special Education and Rehabilitative
Services, the Assistant Secretary for Vocational and Adult Education,
and the Assistant Secretary for Postsecondary Education jointly
announce a priority for a DRRP--the Center on Postsecondary Education
for Students with Intellectual Disabilities (Center). In order to meet
this priority, the Center must--
(a) Identify key characteristics and promising practices of
postsecondary education programs at community colleges, vocational-
technical schools, and four-year colleges that currently serve students
with intellectual disabilities (ID), including specialized programs
that are intended to promote independence and improve employment
outcomes for students with ID such as dual enrollment programs for
students with ID who are still enrolled in high school and receiving
special education services. This includes collecting information on--
(1) How students with ID are recruited and retained in these
programs;
(2) The extent to which students with ID are enrolled in academic
courses as part of these programs; and
(3) The types and extent of accommodations provided to students
with ID in order to ensure their active participation in these
programs;
(b) Conduct scientifically based research (as defined in 20 U.S.C.
7801(37) and included in the Definitions section of this notice) to
determine whether variations in educational, vocational, employment,
and independent living outcomes for students with ID are associated
with participation in different types of postsecondary education
programs. To fulfill this requirement, the Center must do one or both
of the following: (1) Engage in data collection activities or (2)
conduct secondary analyses of existing national and State longitudinal
datasets, such as the National Longitudinal Transition Study-2 (NLTS-2)
and the Florida K-20 Education Data Warehouse.
Note: The NLTS-2 and the Florida K-20 Education Data Warehouse
are only examples of existing datasets that may be used for purposes
of conducting secondary analysis. Reports of study findings and data
tables containing frequency counts for some variables can be
accessed at: http://www.nlts2.org. For information on acquiring
restricted-use data sets for NLTS-2, see page: http://www.nlts2.org/
data_tables/datatable_training.html. of this Web site. The Florida
K-20 Education Data Warehouse can be accessed at: http://
www.edwapp.doe.state.fl.us/doe/.
(c) Compile existing technical assistance materials and develop new
materials, as needed, including information on promising practices that
can be replicated, for postsecondary education institutions that are
developing new programs or expanding existing programs to provide
activities for students with ID. Technical assistance materials must be
informed by knowledge acquired through the Center's research program,
as the knowledge becomes available;
(d) Partner with existing training and technical assistance
providers for the purpose of disseminating technical assistance
materials to postsecondary education programs interested in developing
new programs or expanding existing programs for students with ID. To
the extent possible, technical assistance and other informational
materials should be disseminated to interested students with ID and
their families;
(e) Provide technical assistance information and materials to
appropriate NIDRR research and dissemination centers, including the
National Center for the Dissemination of Disability Research and the
Research Utilization Support and Help (RUSH) Project at the Southwest
Educational Development Laboratory, and the Center for International
Rehabilitation Research Information and Exchange at the State
University of New York at Buffalo;
(f) Establish an advisory committee of researchers, vocational
rehabilitation providers, transition planners, secondary and
postsecondary educators, individuals with ID, and parents of
individuals with ID to provide the Center, on an ongoing basis, with
guidance on the Center's research and technical assistance activities;
(g) Conduct a formative evaluation of the Center's activities,
using clear performance objectives to ensure continuous improvement in
the operation of the Center, including objective measures of progress
in implementing the project and ensuring the quality of research and
technical assistance; and
(h) To the extent possible, consult with the sponsors of activities
that are similar or related to the Center's activities, especially,
existing training and technical assistance resources that have been
established by relevant offices within the U.S. Department of
Education, including the Rehabilitation Services Administration's
Rehabilitation Continuing Education Programs; the Office of Special
Education Programs'
[[Page 22355]]
Technical Assistance and Dissemination Network and Technical Assistance
Communities of Practice; the Office of Vocational and Adult Education's
National Research Center for Career and Technical Education; and the
NIDRR network of knowledge translation grantees. This consultation must
be designed to avoid duplication of efforts and to facilitate the
exchange of information, pool resources, and improve the overall
effectiveness of the Center's activities.
Definitions
The Assistant Secretary for Special Education and Rehabilitative
Services, the Assistant Secretary for Vocational and Adult Education,
and the Assistant Secretary for Postsecondary Education jointly
establish the following definitions for the purpose of the Center on
Postsecondary Education for Students With Intellectual Disabilities
priority:
(1) Adaptive skill areas, as used in the definition of students
with intellectual disabilities, means the basic skills needed for
everyday life, such as communication, self-care, home living, social
skills, leisure, health and safety, self-direction, functional
academics (reading, writing, basic math), and work.
(2) Scientifically based research has the meaning given the term in
20 U.S.C. 7801(37): Research that involves the application of rigorous,
systematic, and objective procedures to obtain reliable and valid
knowledge relevant to education activities and programs. It includes
research that--
(a) Employs systematic, empirical methods that draw on observation
or experiment;
(b) Involves rigorous data analyses that are adequate to test the
stated hypotheses and justify the general conclusions drawn;
(c) Relies on measurements or observational methods that provide
reliable and valid data across evaluators and observers, across
multiple measurements and observations, and across studies by the same
or different investigators;
(d) Is evaluated using experimental or quasi-experimental designs
in which individual entities, programs, or activities are assigned to
different conditions and with appropriate controls to evaluate the
effects of the condition of interest, with a preference for random-
assignment experiments, or other designs to the extent that those
designs contain within-condition or across-condition controls;
(e) Ensures that experimental studies are presented in sufficient
detail and clarity to allow for replication or, at a minimum, offer the
opportunity to build systematically on their findings; and
(f) Has been accepted by a peer-reviewed journal or approved by a
panel of independent experts through a comparably rigorous, objective,
and scientific review.
(3) Students with intellectual disabilities means--
(a) Individuals ages 13 through 26 whose intellectual functioning
levels require significant changes in instructional methods and
modifications to the curriculum in order to participate in
postsecondary education programs;
(b) Individuals who have significant limitations in adaptive skill
areas as expressed in conceptual, social, and practical adaptive
skills; and
(c) Individuals whose disabilities originated before the age of 18.
Executive Order 12866
This NFP has been reviewed in accordance with Executive Order
12866. Under the terms of the order, we have assessed the potential
costs and benefits of this regulatory action.
The potential costs associated with this NFP are those resulting
from statutory requirements and those we have determined as necessary
for administering this program effectively and efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of this NFP, we have determined that the benefits of
the final priority and definitions justify the costs.
Summary of Potential Costs and Benefits
The benefits of the DRRP programs have been well established over
the years in that other DRRP projects have been completed successfully.
The priority and definitions announced in this notice will generate new
knowledge through research, dissemination, utilization, and technical
assistance.
Another benefit of the final priority and definitions is that
establishing a new DRRP will support the President's NFI and improve
the lives of individuals with disabilities. The new DRRP will generate,
disseminate, and promote the use of new information that will improve
the options for individuals with intellectual disabilities to achieve
improved education, employment, and independent living outcomes.
Applicable Program Regulations: 34 CFR part 350.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/news/fedregister/index.html.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at:
http://www.gpoaccess.gov/nara/index.html.
(Catalog of Federal Domestic Assistance Numbers 84.133A Disability
Rehabilitation Research Projects)
Program Authority: 29 U.S.C. 762(g) and 764(a).
Dated: April 22, 2008.
Tracy R. Justesen,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. E8-9108 Filed 4-24-08; 8:45 am]
BILLING CODE 4000-01-P