[Federal Register: June 22, 2007 (Volume 72, Number 120)]
[Notices]
[Page 34450-34454]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn07-47]
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DEPARTMENT OF EDUCATION
Centers for Independent Living Program--Training and Technical
Assistance
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Notice of final priorities.
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SUMMARY: The Assistant Secretary for the Office of Special Education
and Rehabilitative Services (OSERS) announces two priorities under the
Centers for Independent Living (CIL) Program--Training and Technical
Assistance. The Assistant Secretary may use one or more of these
priorities for competitions in fiscal year (FY) 2007 and in later
years. We take this action to improve the CIL program efficiency,
quality of evaluation methods for CIL program activities, and outcomes
for individuals with significant disabilities who receive independent
living services from CILs and to improve the performance of Statewide
Independent Living Councils (SILCs).
EFFECTIVE DATE: These priorities are effective July 23, 2007.
FOR FURTHER INFORMATION CONTACT: Sean Barrett, U.S. Department of
Education, 400 Maryland Avenue, SW., room 5042, Potomac Center Plaza,
Washington, DC 20202. Telephone:
[[Page 34451]]
(202) 245-7604 or via Internet: sean.barrett@ed.gov.
If you use a telecommunications device for the deaf (TDD), you may
call the TDD number at (866) 889-6737.
Individuals with disabilities may 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: We published a notice of proposed priorities
(NPP) for this competition in the Federal Register on March 6, 2007 (72
FR 9936). The NPP included a background statement that described our
rationale for each priority proposed in that notice. Except for minor
editorial revisions, there are no differences between the NPP and this
notice of final priorities.
Analysis of Comments and Changes
In response to our invitation in the NPP, 23 parties submitted
comments on the proposed priorities. An analysis of the comments and
our responses follows.
Generally, we do not address technical and other minor changes and
suggested changes the law does not authorize us to make under the
applicable statutory authority.
Comment: Sixteen commenters opposed the Department's proposal to
establish two separate priorities and award separate training and
technical assistance grants for CILs and SILCs, while two commenters
supported the Department's proposal. Those commenters opposed to
separate grants for CILs and SILCs expressed many of the same concerns.
A majority of these commenters noted that CILs and SILCs have similar
goals and require similar knowledge if they are to work together to
achieve those goals. They opined that a training program in which CILs
and SILCs are trained together allows the CILs and SILCs to understand
the activities, needs, and issues of one another and that establishing
two separate priorities and awarding separate grants would be a barrier
to effective communication and collaboration between CILs and SILCs.
Several commenters regarded the awarding of separate grants to CILs
and SILCs as inefficient because of duplicative administrative
structures. One of these commenters was specifically concerned that
there may not be enough funding for comprehensive training to SILCs,
given that there are many fewer SILCs to be trained than CILs.
A few commenters suggested that the intent of the 1992 technical
amendments to the Rehabilitation Act of 1973, as amended (the Act) that
authorized SILCs, in addition to CILs, to receive training and
technical assistance was that the training and technical assistance be
shared with the CILs. These commenters expressed concern that separate
grants would increase the likelihood of CILs and SILCs receiving
conflicting information.
Discussion: While CILs and SILCs share a common goal of improving
independent living outcomes for persons with significant disabilities,
their statutorily established activities and responsibilities
(reflected in sections 705 and 725 of the Act) are fundamentally
different. The establishment of separate priorities and the awarding of
separate grants will permit grantees to focus training and technical
assistance on the specific needs of CILs and SILCs to ensure that the
unique activities and responsibilities of the CILs and SILCs are
addressed. Rather than create a barrier to collaboration between CILs
and SILCs, we believe the establishment of separate priorities and the
awarding of separate grants will produce CILs and SILCs that are well-
trained on their respective responsibilities and that are better able
to communicate and collaborate with their independent living
counterparts in the State.
Although one grantee may be providing training and technical
assistance to CILs and another grantee may be providing training and
technical assistance to SILCs, the CILs and SILCs will learn about each
other in the course of the training and technical assistance they
receive. We recognize that, although CILs and SILCs occupy different
roles in a State's independent living program, CILs and SILCs must
understand each other, interact closely, and work well together to
improve the delivery of independent living services to individuals with
significant disabilities in their State. For this reason, the
priorities established in this notice of final priorities require
grantees to collaborate and coordinate with each other, and other
training and technical assistance projects, in order to ensure that
CILs and SILCs receive accurate and consistent information about
themselves and each other.
The 1992 technical amendments to the Act authorized the SILCs to
receive training and technical assistance and clearly indicated the
intent of Congress that the Department fund a project to provide such
training and technical assistance. However, the amendments did not
require that training and technical assistance be provided by a single
grantee that also provides training and technical assistance to CILs.
The Act provides the Department with the discretion to determine how
the training and technical assistance will be provided.
We recognize the potential duplication of administrative costs that
may result from funding two grantees under separate priorities.
However, we believe that focusing resources on meeting the unique needs
of CILs and SILCs creates benefits that outweigh the potential
duplication of administrative costs. While we recognize that there are
fewer SILCs than CILs, we anticipate that sufficient funding will be
available for a grantee serving SILCs to accomplish its training and
technical assistance goals and objectives for the SILCs. Finally, we
note that a single entity can apply for both grants with separate
applications, potentially reducing post-award duplicative
administrative costs.
Changes: None.
Comment: Five commenters addressed the content requirements of the
training and technical assistance that the grantees will provide. Four
of these commenters suggested that the two priorities should require
training and technical assistance on specific issues, including
transition, veterans' needs, disaster recovery, CIL Board member
selection and training, outreach, succession planning, risk assessment,
liability, and insurance coverage. The fifth commenter asked for
clarification as to whether applicants were precluded from addressing
youth transition issues under the priorities because the NPP noted that
the Department currently funds a training and technical assistance
grant that focuses on the issue of service delivery to young people
with disabilities as they transition from school to living
independently.
Discussion: CILs and SILCs around the country have different
training and technical assistance needs depending upon a variety of
factors, including, but not limited to, whether the CIL is located in
an urban or rural area, the experience and background of CIL board
members or SILC members, and whether the CIL is well-established or
relatively new. We expect grantees to identify, and to propose training
content that addresses issues that are specific to the needs of
individual CILs or SILCs as well as those common to a number of CILs or
SILCs. Requiring grantees under these priorities to address certain
content areas could limit the ability of the grantees to address other
issues or emerging training and technical
[[Page 34452]]
assistance needs. We prefer to provide applicants with the flexibility
to propose the content of the specific training and technical
assistance they intend to provide and to describe how they determined
the content areas and the need for training and technical assistance in
those areas. The application review process will evaluate the merits of
the proposed content of the training and technical assistance.
Regarding the commenter's request for clarification, the NPP noted
that the Department currently funds a training and technical assistance
grant focusing on youths in transition and stated that the two
priorities proposed for CILs and SILCs would be for general,
comprehensive training and technical assistance. That said, an
applicant for a grant under one of the two priorities established in
this notice is not precluded from including transitioning youths as a
content area in its proposed training and technical assistance. Any
applicant that identifies training and technical assistance on youths
in transition as a need and proposes such training must show, as
required by each priority, how it will coordinate and collaborate with
the other Department-funded training and technical assistance projects,
including the one that focuses on transition, in order to ensure that
training and technical assistance activities are complementary and non-
duplicative and that dissemination activities are effective and
efficient.
Changes: None.
Comment: Three commenters stated a concern that grantees will not
be able to provide training and technical assistance to CILs and SILCs
within a wide geographic range, including rural areas.
Discussion: Both priorities established in this notice require
grantees to develop and implement a plan to provide training and
technical assistance to all federally funded CILs and all SILCs. These
requirements are sufficient to ensure that the grantees under these
priorities provide training and technical assistance to CILs and SILCs
within a wide geographic range, including rural areas. The application
review process will evaluate the merits of the applications in this
regard.
Changes: None.
Comment: One commenter recommended requiring grantees to
collaborate with a number of resources, including State associations of
CILs, State agencies that administer funding to CILs, and the National
Council on Independent Living.
Discussion: The priorities establish minimum requirements for
collaboration by the grantees. Under each priority, an applicant could
propose to collaborate with additional entities, including State
associations of CILs, State agencies that administer funding to CILs,
or the National Council on Independent Living. Applicants have the
flexibility to propose additional partners with which they plan to
collaborate under the priorities. The application review process will
evaluate the merits of any additional proposed collaborative partners.
Changes: None.
Comment: Three commenters recommended adding a requirement that the
application review panel and applicants be ``consumer-controlled'',
i.e., have a majority of individuals with disabilities in decision-
making positions.
Discussion: The CIL program regulations in 34 CFR 366.10 state
that, in order to be eligible to receive funding to provide training
and technical assistance, entities must have experience in the
operation of centers. Nothing in the Act or the program regulations
gives the Department the discretion to limit eligibility to only those
applicants who are consumer-controlled entities.
The program regulations in 34 CFR 366.12(b) also state that the
peer review of grant applications by panels must include persons who
are not Federal government employees and who have experience in the
operation of centers. Nothing in the Act or the program regulations
gives the Department the discretion to limit peer review panels to only
individuals with disabilities. We make every effort to ensure that the
application review panels include highly qualified individuals with
disabilities from diverse backgrounds who have the content expertise
required.
Finally, we note that the selection criteria used by the
application review panel to evaluate applications for training and
technical assistance awards includes, in 34 CFR 366.15(d)(v), an
examination of the extent to which the applicant encourages
applications for employment from persons who are members of groups that
have been traditionally under-represented, including persons with
disabilities.
Changes: None.
Comment: One commenter recommended requiring grantees under these
priorities to utilize a peer-to-peer training model.
Discussion: There are many possible training models that a grantee
can use, including a peer-to-peer model. We prefer to provide
applicants with the flexibility to propose the training models that the
training and technical assistance project will employ. The application
review process will evaluate the merits of the training models that
applicants propose.
Changes: None.
Comment: One commenter expressed concern over the large number of
entities to be served by the grants.
Discussion: We anticipate that the five-year grant period and
projected funding levels for the grants will be sufficient to ensure
that the needs of the CILs and SILCs served by the training and
technical assistance providers will be addressed.
Changes: None.
Comment: One commenter recommended that the grantees subcontract
with CILs and SILCs to provide the training and technical assistance.
Discussion: Consistent with applicable regulations, grantees have
the authority to enter into subcontracts, and applicants can propose to
subcontract with CILs or SILCs. If an applicant chooses to enter into
subcontracts, we prefer to provide applicants with the discretion to
choose the subcontractors. The application review process will evaluate
the merits of any proposed subcontracts.
Changes: None.
Comment: One commenter opposed the establishment of both priorities
because the commenter claimed that the current train-the-trainer-model
has been ineffective and, as a result, the needs of individuals with
significant disabilities are not being met.
Discussion: The Department does not believe that the training
provided to CILs and SILCs has been ineffective. The Department is
legally required to set aside funding from the CIL program to provide
training and technical assistance to CILs, eligible agencies, and
SILCs. Moreover, there is a continuing need for training and technical
assistance to CILs due to the formation of new CILs, the expansion or
change of existing CILs, and personnel changes in the CILs. Likewise,
there is a continuing need for training and technical assistance for
SILCs due to the varied backgrounds of the SILC members, the turnover
of SILC membership, and the rotational appointment of SILC members.
Further, because CILs deliver services directly to individuals with
significant disabilities and because SILCs provide a forum for all
independent living stakeholders in the State to set policy for the
State's independent living program, it is important to provide timely
and targeted training to each type of entity. The goal of training both
the CILs and the SILCs is to enable them to carry out
[[Page 34453]]
their respective functions and, ultimately, to better prepare them to
meet the needs of individuals with significant disabilities and improve
outcomes for those individuals who receive independent living services.
Changes: None.
Note: This notice does not solicit applications. In any year in
which we choose to use one or more of these priorities, we invite
applications through a notice in the Federal Register. When inviting
applications we designate each 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)).
Priorities
Priority 1--Centers for Independent Living (CILs) Training and
Technical Assistance Center
This priority supports a CILs Training and Technical Assistance
Center (CILs T&TA Center) to improve the performance of CILs by
providing training and technical assistance to the CILs on the
programmatic and financial aspects of their operations, including
information on effective practices and proven solutions to common
problems. CILs are distributed across the Nation and vary in size,
stage of development, service area characteristics, and urgency of need
for training and technical assistance. Therefore, the training and
technical assistance provided by the CILs T&TA Center must be sensitive
to this diversity and must encompass a broad range of topics.
The CILs T&TA Center must make available to all CILs a broad array
of resources, training, and technical assistance. In addition, the CILs
T&TA Center must address the specific needs of CILs by providing those
CILs that require it with intensive, individualized, on-site training
and technical assistance that meets their needs. In this regard, the
CILs T&TA Center must be prepared to respond promptly to the
Department's identification of particular training and technical
assistance needs in general and those of particular CILs.
In coordination with the Department, the CILs T&TA Center must--
(a) Develop and provide training and technical assistance, based on
the CILs' annual performance report survey and other available data, on
topics related to the provision and expansion of independent living
(IL) services (primarily the IL core services), fiscal and management
practices, compliance with CIL standards and assurances, increased
program efficiency, rigorous evaluation, and improved outcomes as
measured by long-term goals and indicators;
(b) Develop and implement a plan to ensure that training and
technical assistance efforts will reach all federally funded CILs and
other eligible agencies;
(c) Refer CILs and eligible agencies to non-IL specific training
and technical assistance available through government or non-government
resources;
(d) Utilize a broad range of available, accessible technologies and
methodologies to provide training and technical assistance to CILs and
eligible agencies in the most effective and cost efficient manner;
(e) Provide focused, intensive and rapid training and technical
assistance to CILs identified by the Department as needing, or to CILs
requesting, such assistance;
(f) Identify and develop accessible training and technical
assistance materials and disseminate these materials to CILs and
eligible agencies; and
(g) Coordinate and collaborate with other training and technical
assistance projects funded by the Department to ensure that training
and technical assistance activities are complementary and non-
duplicative and that dissemination activities are effective and
efficient. At a minimum, the CILs T&TA Center must coordinate with any
SILC Training and Technical Assistance Center funded under the
Statewide Independent Living Councils (SILCs) Training and Technical
Assistance Center priority.
Priority 2--Statewide Independent Living Councils (SILCs) Training and
Technical Assistance Center
This priority supports a SILCs Training and Technical Assistance
Center (SILCs T&TA Center) to improve the performance of SILCs through
greater access to timely and relevant training and technical assistance
regarding SILC duties and operation.
In coordination with the Department, the SILCs T&TA Center must--
(a) Develop and provide training and technical assistance, based on
the SILCs' annual performance report survey and other available data,
on topics directly related to SILC legal responsibilities, including
SILC organization and operation and the development of the SPIL;
(b) Develop and implement a plan to provide to all SILCs the
training and technical assistance identified in paragraph (a) of this
priority;
(c) Refer SILCs to non-IL specific training and technical
assistance available through government or non-government resources;
(d) Utilize a broad range of available, accessible technologies and
methodologies to provide training and technical assistance to SILCs in
the most effective and cost efficient manner;
(e) Identify and develop accessible training and technical
assistance materials and disseminate these materials to the SILCs;
(f) Provide training and technical assistance to SILCs to enhance
SILC partnerships with State vocational rehabilitation agencies, CILs,
and other organizations, with a focus on sharing successful operational
experiences of other SILCs;
(g) Coordinate and collaborate with other training and technical
assistance projects funded by the Department to ensure that training
and technical assistance activities are complementary and non-
duplicative and dissemination activities are effective and efficient.
At a minimum, the SILCs T&TA Center must coordinate with any CILs
Training and Technical Assistance Center funded under the Centers for
Independent Living (CILs) Training and Technical Assistance Center
priority.
Executive Order 12866
This notice of final priorities 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 the notice of final priorities
are those resulting from statutory requirements and those we have
determined are necessary for administering this program effectively and
efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of this notice of final priorities, we have determined
that the benefits of the final priorities justify the costs.
We have also determined that this regulatory action does not unduly
[[Page 34454]]
interfere with State, local, and tribal governments in the exercise of
their governmental functions.
Summary of Potential Costs and Benefits
Because the Department is proposing two priorities that may be used
in two separate competitions, rather than in a single competition, the
potential for increased application costs exists for an applicant that
chooses to apply for both grants under both priorities. However, both
priorities share the same overall objective--improved performance in
the CIL program--and applications under both priorities would likely
include common elements. This overlap may minimize any increased costs
associated with using the two priorities in separate competitions.
Moreover, for an applicant that chooses to apply for only one
grant, the two-priority approach would have the potential of reducing
the application costs for that applicant. The Department believes that
the potential benefits to the CIL program from a more focused,
specialized approach to training and technical assistance for CILs and
SILCs would outweigh any possible increase in associated application
costs.
Intergovernmental Review
This program is subject to Executive Order 12372 and the
regulations in 34 CFR part 79. One of the objectives of the Executive
order is to foster an intergovernmental partnership and a strengthened
federalism. The Executive order relies on processes developed by State
and local governments for coordination and review of proposed Federal
financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Applicable Program Regulations: 34 CFR 366.
Electronic Access to This Document
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.
(Catalog of Federal Domestic Assistance Number 84.132B, Independent
Living Program--Training and Technical Assistance Center).
Program Authority: 29 U.S.C. 796f(b).
Dated: June 19, 2007.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. E7-12115 Filed 6-21-07; 8:45 am]
BILLING CODE 4000-01-P