[Federal Register: December 12, 1995 (Volume 60, Number 238)]
[Notices ]
[Page 63865-63868]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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Part IV
Department of Education
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National Institute on Disability and Rehabilitation Research; Knowledge
Dissemination and Utilization Program; Notices
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DEPARTMENT OF EDUCATION
National Institute on Disability and Rehabilitation Research
AGENCY: Department of Education.
ACTION: Notice of Final Funding Priority for Fiscal Years 1996-1997 for
the Knowledge Dissemination and Utilization Program.
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SUMMARY: The Secretary announces a final funding priority for the
Knowledge Dissemination and Utilization (D&U) Program under the
National Institute on Disability and Rehabilitation Research (NIDRR)
for fiscal years 1996-1997. The Secretary takes this action to ensure
that rehabilitation knowledge generated from projects and centers
funded by NIDRR and others is utilized fully to improve the lives of
individuals with disabilities and their families.
EFFECTIVE DATE: This priority takes effect on January 11, 1996.
FOR FURTHER INFORMATION CONTACT: David Esquith, U.S. Department of
Education, 600 Independence Avenue, S.W., Switzer Building, Room 3424,
Washington, D.C. 20202-2601. Telephone: (202) 205-8801. Individuals who
use a telecommunications device for the deaf (TDD) may call the TDD
number at (202) 205-8133.
SUPPLEMENTARY INFORMATION: This notice contains a final priority to
establish ten regional Disability and Business Technical Assistance
Centers.
Authority for the D&U program of NIDRR is contained in sections 202
and 204(a) and 204(b)(6) of the Rehabilitation Act of l973, as amended
(29 U.S.C. 760-762). Under this program the Secretary makes awards to
public and private agencies and organizations, including institutions
of higher education and Indian tribes or tribal organizations.
This final priority supports the National Education Goal calling
for all Americans to possess the knowledge and skills necessary to
compete in a global economy and exercise the rights and
responsibilities of citizenship.
Under the regulations for this program (see 34 CFR 355.32) the
Secretary may establish research priorities by reserving funds to
support particular research activities.
On July 24, 1995, the Secretary published a notice of a proposed
priority in the Federal Register (59 FR 46300). The Department of
Education received thirty-five letters commenting on the proposed
priority. Modifications were made to the priority as a result of those
comments. The comments, and the Secretary's responses, are discussed in
an appendix to this notice.
Note: This notice of final priority does not solicit
applications. A notice inviting applications under this competition
will be published in the Federal Register concurrent with or
following publication of the notice of final priority.
Priority
Under 34 CFR 75.105(c)(3) the Secretary gives an absolute
preference to applications that meet the following priority. The
Secretary will fund under this program only applications that meet this
absolute priority:
Priority: Regional Disability and Business Technical Assistance Centers
Background: Public Law 101-336, the Americans with Disabilities Act
(ADA), enacted on July 26, 1990, prohibits discrimination against
individuals with disabilities in employment, public accommodations,
transportation, State and local government, and telecommunications.
Because of NIDRR's experience and support of information dissemination
and technical assistance, and its support of research and demonstration
efforts to promote employment and independence for individuals with
disabilities, Congress directed NIDRR to use FY 1991 funds to establish
a technical assistance program to further the successful implementation
of the ADA. In October of 1991, NIDRR awarded grants to establish ten
regional Disability and Business Technical Assistance Centers (DBTACs),
previously referred to as Regional Disability and Business
Accommodation Centers), for five years. There is one DBTAC in each of
the ten Department of Education regions. The final funding priority for
the original DBTACs is contained in the Federal Register of August 13,
1991, Vol.5, No.156, page 40168.
Covered entities and individuals with responsibilities and rights
under the ADA continue to need technical assistance on the ADA. The ADA
is a complex and relatively new civil rights statute. Many covered
entities may be unaware of the basic requirements of the law or
unfamiliar with legal precedents or policy guidance being issued by
Federal agencies. According to a recent General Accounting Office (GAO)
Report, ``[GAO] observed steady improvement in both accessibility and
awareness during the initial 15 months that the ADA was in effect.
However, enough areas of concern remain to suggest a need for
continuing educational outreach and technical assistance to business
and government agencies...'' (U.S. General Accounting Office, Americans
with Disabilities Act: Effects of the Law on Access to Goods and
Services (GAO/PEMD-94-14; June 21, 1994).
The DBTACs provide a wide range of technical assistance services
such as referrals, consultation, and facility surveys. The DBTACs
provide training to individuals and entities with responsibilities and
rights under the ADA and disseminate information on the ADA through
such methods as distributing materials that have been created or
reviewed and approved by Federal agencies, issuing newsletters and
information briefs, and participating in discussion groups on the
INTERNET. In addition, the DBTACs carry out public awareness activities
on the ADA and the services provided by the DBTACs and other NIDRR ADA
grantees through a variety of means including, but not limited to, the
use of public service announcements, radio and television appearances,
presentations at conferences, and the publication of newspaper and
magazine articles.
In order to tailor their efforts to State and local needs and
maximize their resources, DBTACs increase the capacity of State and
local organizations to provide technical assistance, disseminate
information, provide training, and promote awareness of the ADA. The
DBTACs have established at least one affiliate in every State. The
State affiliates carry out their activities in collaboration with
coalitions of organizations interested in promoting the implementation
of the ADA. In addition, the DBTACs provide support to and collaborate
with Centers for Independent Living (CILs) in each region to increase
the capacity of CILs to promote the successful implementation of the
ADA through the provision of technical assistance and training.
In FY 1994 the DBTACs fielded over 75,700 ADA-related telephone
inquiries, made 13,764 referrals, distributed almost 700,000
publications, engaged in over 4,600 different types of public awareness
and outreach activities such as public speeches, TV and radio
appearances, newspaper interviews, and public workshops, and trained
approximately 54,000 individuals with responsibilities and rights under
the ADA.
The DBTACs rely to the maximum extent possible on existing
Federally-approved materials, and, through a systematic process of
quality control, ensure the legal sufficiency and accuracy of the
information disseminated by the Centers and their affiliates. All of
the materials that the DBTACs distribute are available in
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alternate formats and DBTAC services and activities are accessible to
all individuals with disabilities. The DBTACs share a national toll-
free 800 telephone number that automatically connects the caller with
the DBTAC serving the caller's area code. The DBTACs participate in a
discussion group on an electronic bulletin board operated by Project
Enable at the University of West Virginia to share information and
discuss answers to technical questions. The DBTACs meet semi-annually
to coordinate their activities and receive briefings from Federal
agencies with responsibilities under the ADA.
Priority: The Secretary will establish a Regional Disability and
Business Technical Assistance Center in each Department of Education
region to facilitate implementation of the ADA by: (1) Providing
technical assistance, disseminating information, and providing training
to individuals or entities with responsibilities and rights under the
Act on the requirements of the ADA and developments in ADA case law,
policy and implementation; (2) increasing the capacity of
organizations, including Centers for Independent Living, at the State
and local level to provide technical assistance, disseminate
information, provide training, and promote awareness of the ADA; and
(3) promoting awareness of the ADA and the availability of services
provided by the DBTACs, and other NIDRR ADA grantees, and other Federal
information sources on the ADA.
In carrying out the objectives of the priority each DBTAC shall:
* Involve individuals with disabilities, parents or other
family members of individuals with disabilities, in all phases of the
design and operation of the DBTAC to the maximum extent possible;
* Cooperate and coordinate its activities with other NIDRR
ADA technical assistance projects as well as Federal agencies
including, but not limited to, the Department of Justice, the Equal
Employment Opportunity Commission, the Department of Transportation,
the Federal Communications Commission, the Access Board, the Department
of Education's Office for Civil Rights, the Rehabilitation Services
Administration, the President's Committee on Employment of Persons with
Disabilities, and the National Council on Disability;
* Provide performance accountability data on a monthly and
annual basis as requested by NIDRR; and
* Distribute services and resources equitably--taking into
account population and size--among each State in its region.
Applicable Program Regulations: 34 CFR Parts 350 and 355.
Program Authority: 29 U.S.C. 760-762.
(Catalog of Federal Domestic Assistance Number 84.133D, Knowledge
Dissemination and Utilization Program)
Dated: December 6, 1995.
Howard R. Moses,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
Appendix
Analysis of Comments and Changes
By the deadline date, the Department received thirty-five
comments in response to the proposed priority. Eleven additional
comments were received after the deadline date and were not
considered in this response. All thirty-five letters supported the
priority. This Appendix contains an analysis of the comments and the
changes in the priority since the publication of the notice of
proposed priority. Technical and other minor changes--and suggested
changes the Secretary is not legally authorized to make under
applicable statutory authority--are not addressed.
Priority: Regional Disability and Business Technical Assistance
Centers
Comment: One commenter noted that while the priority indicates
that the DBTACs trained approximately 54,000 individuals in FY 1994,
training is not included among the list of services provided by the
DBTACs in the Background section.
Discussion: The Secretary agrees that training should be
included in the Background section of the priority in the list of
services provided by the DBTACs.
Changes: The Background section has been revised to indicate
that the DBTACs provide training to individuals and entities with
responsibilities and rights under the ADA.
Comment: Two commenters pointed out that the current DBTACs meet
semi-annually and submit data for an annual report that NIDRR issues
on its ADA technical assistance program. The commenters recommended
including these activities in the priority for planning purposes.
Discussion: NIDRR plans to continue with semi-annual meetings
and to issue an annual report on the ADA technical assistance
program. The Secretary agrees to include the semi-annual meetings
and the submission of annual performance data in the priority.
Changes: The Background section has been revised to indicate
that the DBTACs meet semi-annually to coordinate their activities
and receive briefings from Federal agencies with responsibilities
under the ADA. In addition, the priority has been revised to require
that the DBTACs submit annual performance data.
Comment: One commenter suggested emphasizing minority outreach
activities. A second commenter recommended requiring the DBTACs to
address the needs of cultural and linguistic minorities.
Discussion: The Secretary believes that is important for the
DBTACs to address the needs of underserved populations. The
Secretary points out that under 34 CFR part 350.21, an applicant for
assistance under the Knowledge Dissemination and Utilization program
must demonstrate how it will address, in whole or in part, the needs
of individuals with disabilities from minority backgrounds. This
requirement applies to cultural and linguistic minorities.
Changes: None.
Comment: One commenter suggested requiring applicants to specify
how their grant funds will be distributed to each State in the
region in order to address the equitable distribution of the DBTAC's
resources.
Discussion: The Secretary agrees with the commenter's purpose.
However, the Secretary believes that the commenter's suggestion may
be an administrative burden that relies too heavily on allocation of
funds to determine equitable distribution of services. The Secretary
believes that the requirement to distribute resources and financial
support equitably among the States in the region should be based on
factors such as population and geographic size and extended to all
of a DBTAC's activities. The Secretary believes that each applicant
should be provided with the discretion to propose how it will meet
this requirement.
Changes: The priority has been revised to require each DBTAC to
distribute services and resources equitably--taking into account
population and size--among each State in its region.
Comment: One commenter recommended increasing the emphasis on
interaction between the DBTACs and Federal agencies responsible for
the enforcement of the ADA. A second commenter recommended requiring
the DBTACs to coordinate services and resources with the National
Council on Disability.
Discussion: The Secretary agrees that communication between the
DBTACs and Federal agencies with administrative responsibilities
under the ADA is imperative. The Secretary points out that the
priority requires the DBTACs to cooperate and coordinate their
activities with Federal agencies including, but not limited to, the
Department of Justice, the Equal Employment Opportunity Commission,
the Department of Transportation, and the Federal Communications
Commission, the Access Board, the Department of Education's Office
for Civil Rights, the Rehabilitation Services Administration, and
the President's Committee on Employment of Persons with
Disabilities. The Secretary agrees that the National Council on
Disability should be added to this list of Federal agencies, but
does not believe any further requirements are necessary.
Changes: The National Council on Disability has been added to
the list of Federal agencies for coordination purposes.
Comment: One commenter recommended emphasizing collaboration
between the DBTACs and the business community, labor associations,
and State and local governments, including State associations of
mayors and counties. Another commenter recommended that the priority
include
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States' Protection and Advocacy Systems as potential collaborators for
the DBTACs.
Discussion: The Secretary believes that the types of
collaborative relationships suggested by both commenters could be
valuable and expects the DBTACs to work with all types of entities
with rights and responsibilities under the ADA. However, the
Secretary prefers to provide applicants with the discretion to
propose those collaborative relationships that the applicant
believes would be appropriate for the States in their region.
Changes: None.
Comment: One commenter recommended focusing the efforts of the
DBTAC's capacity-building activities on the business community.
Discussion: The capacity-building requirement in the priority
refers to ``organizations at the State and local level.'' The
Secretary expects the DBTACs to undertake capacity-building with a
variety of organizations, including business organizations. The
Secretary declines to direct the DBTACs to focus its capacity-
building activities on only one community.
Changes: None.
Comment: One commenter recommended changing the name of the
DBTACs because it is ``awkward and not easy to use.'' Discussion:
The Secretary declines to change the name of the DBTAC in order to
take advantage of the name recognition that the DBTACs have
developed.
Changes: None.
Comment: One commenter recommended revising the priority to
indicate that the DBTACs provide referrals to individuals and
entities with responsibilities and rights under the ADA.
Discussion: The Secretary points out that, in the Background
section, referrals are included among examples of the technical
assistance services that the DBTACs provide, along with consultation
and facility surveys. The Secretary expects the DBTACs to provide a
wide range of technical assistance services including those in the
Background section as well as any others that an applicant may
propose.
Changes: None.
Comment: One commenter pointed out that, while the Background
section refers to the capacity-building support that the DBTACs
provide to Centers for Independent Living (CILs), this support is
not specified in the priority. A second commenter recommended
requiring the DBTACs to interact with State's Independent Living
Councils ``and/or any other associations that the CILs may have
formed.''
Discussion: The Secretary agrees that the priority should
specify that CILs are to be included in the DBTACs capacity-building
activities. However, the Secretary declines to provide further
specification regarding the DBTACs' relationships with various
associations of CILs.
Changes: Centers for Independent Living have been included in
the requirement addressing capacity-building.
Comment: One commenter recommended requiring the DBTACs to build
local capacity to implement mediation services to resolve ADA
complaints.
Discussion: The priority authorizes the DBTACs to increase the
capacity of organizations at the State and local level to provide
technical assistance, disseminate information, provide training, and
promote awareness of the ADA. The Secretary believes that an
applicant could propose to build local capacity to implement
mediation services to resolve ADA complaints under the priority.
However, the Secretary cautions that conflict resolution through
mediation is a specialized field that requires a great deal of
expertise. Properly developing local capacity to implement mediation
services to resolve ADA complaints would require a significant
financial commitment. The Secretary declines to impose this
requirement.
Changes: None.
Comment: One commenter suggested that it would be more efficient
to produce a national DBTAC newsletter rather than authorizing the
DBTACs to produce regional newsletters.
Discussion: NIDRR's ADA Coordination contractor will provide all
of the DBTACs with core information about developments in case law
and policy to ensure that the production of newsletters will be
carried out as economically as possible. This will enable each DBTAC
to continue to address issues and events that are unique to its
region through the issuance of regional newsletters.
Changes: None.
[FR Doc. 95-30128 Filed 12-11-95; 8:45 am]
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