[Federal Register: September 1, 1999 (Volume 64, Number 169)]
[Rules and Regulations]
[Page 48051-48059]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se99-35]
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_______________________________________________________________________
Part IV
DEPARTMENT OF EDUCATION
_______________________________________________________________________
34 CFR Part 379
Projects With Industry; Final Rule
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DEPARTMENT OF EDUCATION
34 CFR Part 379
Projects With Industry
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education
ACTION: Final Regulations.
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SUMMARY: The Secretary amends the regulations governing the Projects
With Industry (PWI) program administered by the Rehabilitation Services
Administration (RSA). The Rehabilitation Act Amendments of 1998 (1998
Amendments), Title IV of the Workforce Investment Act of 1998 (WIA),
made certain amendments to the Rehabilitation Act of 1973 that affect
the PWI program. These regulations implement those amendments to the
PWI program.
DATES: These regulations are effective October 1, 1999.
FOR FURTHER INFORMATION CONTACT: Thomas E. Finch, U.S. Department of
Education, 400 Maryland Avenue, S.W., Room 3315, Mary E. Switzer
Building, Washington, D.C. 20202-2575. Telephone: (202) 205-8292.
Individuals who use a telecommunications device for the deaf (TDD) may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternate format (e.g. Braille, large print, audiotape, or computer
diskette) on request to the contact person listed in the preceding
paragraph.
SUPPLEMENTARY INFORMATION: The 1998 Amendments, Pub. L. 105-220,
enacted August 7, 1998, makes a number of changes to programs under the
Rehabilitation Act of 1973, as amended (Act), intended to increase the
employment and employment retention of individuals with disabilities,
including streamlined program requirements, enhanced consumer choice,
enhanced program accountability, and improved coordination between
employment and training programs through statewide and local workforce
investment systems.
Statutory amendments to the PWI program change the composition and
functions of the Business Advisory Council (BAC), the specific services
required to be provided by PWI projects, the eligibility determination
process, and data and information collection requirements.
Specifically, the 1998 Amendments require the project's BAC to
include a representative of the appropriate designated State unit. In
addition, the functions of the BAC pertaining to the identification of
job and career availability have been modified to require that the
analysis be consistent with the current and projected local employment
opportunities identified by the local workforce investment board for
the community under section 118(b)(1)(B) of WIA. The 1998 Amendments
also now gives the BAC the option to prescribe either training programs
or job placement programs in fields related to the job and career
availability identified previously. These requirements are implemented
in Secs. 379.10(a), 379.21(a)(1), and 379.30(b)(1) of the regulations.
With respect to project services, PWI projects now are required to
provide job development, in addition to providing job placement and
career advancement services. However, the 1998 Amendments now require
that training in realistic work settings must be provided only to the
extent appropriate. The 1998 Amendments also change the eligibility
determination process to allow the recipient of a PWI grant to
determine an individual's eligibility for services, to the extent that
the determination is made consistent with the requirements of section
102(a) of the Act. These requirements are implemented in
Secs. 379.3(b), 379.10(b) and (c), 379.21(a)(1) through (3), and
379.30(b)(1) and (6) of these regulations.
The 1998 Amendments also now require that data and information
collected for use in conducting the annual review and evaluation of the
operation of the project be the same types as described in
subparagraphs (A) through (C) of section 101(a)(10) of the Act
governing the State Vocational Rehabilitation (VR) Services program, as
determined appropriate by the Commissioner. These requirements are
implemented in Secs. 379.21(a)(6), 379.21(b)(5), and 379.30(b)(6) of
these regulations. Specific data and information collection
requirements were published for comment in a separate notice published
in the Federal Register on May 25, 1999 (64 FR 28164).
Finally, we also wish to note that new Sec. 379.4 no longer makes
34 CFR part 369 applicable to the PWI program. The Secretary will be
deleting part 369 from the Department's regulations in the near future.
Therefore, the Secretary has incorporated into these regulations the
following requirements from part 369 that apply to the PWI program:
Sec. 369.3(a)--The applicability of the Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79,
80, 81, 82, 85, and 86 to the PWI program. This requirement is now
found in Sec. 379.4(a).
Sec. 369.4(a)--The following definitions from part 77:
Applicant
Application
Award
Department
EDGAR
Nonprofit
Secretary
These definitions are now found in Sec. 379.5(a).
Sec. 369.20--Application procedures for this program. This
requirement is now found in Sec. 379.22.
Sec. 369.42(b)--Notification of the availability and purposes of the
State's Client Assistance Program. This requirement is now found in
Sec. 379.42.
369.46--Special requirements pertaining to the protection, use, and
release of personal information. These are now found in Sec. 379.43.
All other requirements in part 369 that were applicable to the PWI
program either have been superseded by statutory changes made by the
1998 Amendments, are duplicative of requirements already in part 379,
or are not applicable to the PWI program.
Waiver of Notice of Proposed Rulemaking
Section 553(b) of the Administrative Procedure Act (APA) requires
the Secretary to offer interested parties the opportunity to comment on
proposed regulations. However, these amendments merely incorporate
statutory changes into the regulations and do not implement substantive
policy. Therefore, pursuant to the exception in section 553(b)(B) of
the APA, the Secretary has determined that public comment on the
regulations is unnecessary and contrary to the public interest.
Goals 2000: Educate America Act
The Goals 2000: Educate America Act (Goals 2000) focuses the
Nation's education reform efforts on the eight National Education Goals
and provides a framework for meeting them. Goals 2000 promotes new
partnerships to strengthen schools and expands the Department's
capacities for helping communities to exchange ideas and obtain
information needed to achieve the goals.
These regulations address the National Education Goal that every
adult American will possess the knowledge and skills necessary to
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compete in a global economy and exercise the rights and
responsibilities of citizenship. The regulations further the objectives
of this Goal by implementing a program that affords individuals with
disabilities opportunities for job training, job placement, placement
in competitive employment, and career advancement.
Regulatory Flexibility Act Certification
The Secretary certifies that these regulations would not have a
significant economic impact on a substantial number of small entities.
Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995, no persons are required
to respond to a collection of information unless it displays a valid
OMB control number. The valid OMB control number assigned to the
collection of information in these final regulations is displayed at
the end of the affected sections of the regulations.
Intergovernmental Review
This program is subject to the requirements of Executive Order
12372 and the regulations in 34 CFR part 79. The objective of the
Executive order is to foster an intergovernmental partnership and a
strengthened federalism by relying on processes developed by State and
local governments for coordination and review of proposed Federal
financial assistance. The order and regulations do not apply to Indian
tribes or tribal organizations.
In accordance with the order, this document provides early
notification of the Department's specific plans and actions for this
program.
Assessment of Educational Impact
Based on its own review, the Department has determined that the
regulations in this document do not require transmission of information
that is being gathered by or is available from any other agency or
authority of the United States.
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 either of the
following sites:
http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html
To use the PDF you must have the Adobe Acrobat Reader Program with
Search, which is available free at either of the previous sites. If you
have questions about using the PDF, call the U.S. Government Printing
Office (GPO) toll free at 1-888-293-6498; or in the Washington, D.C.,
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.access.gpo.gov/nara/index.html
List of Subjects in 34 CFR part 379
Education, Grant programs--education, Grant programs--social
programs, Reporting and recordkeeping requirements, Vocational
rehabilitation.
(Catalog of Federal Domestic Assistance Number 84.234 Projects With
Industry.)
Dated: August 26, 1999.
Curtis L. Richards,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
The Secretary amends Title 34 of the Code of Federal Regulations by
revising part 379 to read as follows:
PART 379--PROJECTS WITH INDUSTRY
Subpart A--General
Sec.
379.1 What is the Projects With Industry (PWI) program?
379.2 Who is eligible for a grant award under this program?
379.3 Who is eligible for services under this program?
379.4 What regulations apply?
379.5 What definitions apply?
Subpart B--What Kinds of Activities Does the Department of Education
Assist Under This Program?
379.10 What types of project activities are required of each
grantee under this program?
379.11 What additional types of project activities may be
authorized under this program?
Subpart C--How Does One Apply for an Award?
379.20 How does an eligible entity apply for an award?
379.21 What is the content of an application for an award?
379.22 What are the application procedures for this program?
Subpart D--How Does the Secretary Make a Grant?
379.30 What selection criteria does the Secretary use under this
program?
379.31 What other factors does the Secretary consider in reviewing
an application?
Subpart E--What Conditions Must Be Met by a Grantee?
379.40 What are the matching requirements?
379.41 What are allowable costs?
379.42 What are the special requirements pertaining to the Client
Assistance Program?
379.43 What are the special requirements pertaining to the
protection, use, and release of personal information?
379.44 What are the requirements for a continuation award?
379.45 What are the additional reporting requirements?
Subpart F--What Compliance Indicator Requirements Must a Grantee Meet
To Receive Continuation Funding?
379.50 What are the requirements for continuation funding?
379.51 What are the program compliance indicators?
379.52 How is grantee performance measured using the compliance
indicators?
379.53 What are the weights, minimum performance levels, and
performance ranges for each compliance indicator?
379.54 What are the reporting requirements for the compliance
indicators?
Appendix A to Part 379--Evaluation Standards
Appendix B to Part 379--Presumption of Eligibility
Appendix C to Part 379--Calculating Required Matching Amount
Authority: 29 U.S.C. 711(c) and 795, unless otherwise noted.
Subpart A--General
Sec. 379.1 What is the Projects With Industry (PWI) program?
The purpose of this program is to
(a) Create and expand job and career opportunities for individuals
with disabilities in the competitive labor market by engaging the
talent and leadership of private industry as partners in the
rehabilitation process;
(b) Identify competitive job and career opportunities and the
skills needed to perform these jobs;
(c) Create practical settings for job readiness and job training
programs; and
(d) Provide job placements and career advancement.
(Authority: 29 U.S.C. 795(a)(1))
Sec. 379.2 Who is eligible for a grant award under this program?
(a) The Secretary may, in consultation with the Secretary of Labor
and with the appropriate designated State unit or units, make a grant
under this program to any--
(1) Community rehabilitation program provider;
(2) Designated State unit (DSU);
(3) Employer;
(4) Indian tribe or tribal organization;
(5) Labor union;
(6) Nonprofit agency or organization;
(7) Trade association; or
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(8) Other agency or organization with the capacity to create and
expand job and career opportunities for individuals with disabilities.
(b) The Secretary may make new awards only to those eligible
entities identified in paragraph (a) of this section that propose to
serve individuals with disabilities in States, portions of States,
Indian tribes, or tribal organizations that are currently unserved or
underserved by the PWI program.
(Authority: 29 U.S.C. 795(a)(2) and 795(e)(2))
Sec. 379.3 Who is eligible for services under this program?
(a) An individual is eligible for services under this program if--
(1) The individual is an individual with a disability or an
individual with a significant disability;
(2) The individual requires vocational services to prepare for,
secure, retain, or regain employment; and
(3) The determination of eligibility is consistent with section
102(a) of the Rehabilitation Act of 1973, as amended (Act), 29 U.S.C.
701-796l.
(b) The recipient of the grant under which the services are
provided may determine an individual's eligibility for services under
this program, to the extent that the determination is appropriate and
consistent with the requirements of section 102(a) of the Act. See
Appendix B to this part for further information.
(c) Except as provided in paragraph (d) of this section, an
individual who has a disability or is blind, as determined pursuant to
title II or title XVI of the Social Security Act (42 U.S.C. 401-433 and
1381-1385)--
(1) Is considered to be an individual with a significant
disability; and
(2) Is presumed to be eligible for vocational rehabilitation (VR)
services under this program (provided that the individual intends to
achieve an employment outcome consistent with the unique strengths,
resources, priorities, concerns, abilities, capabilities, interests,
and informed choice of the individual).
(d) The DSU or recipient of the grant involved may deny an
individual services if the DSU or recipient of the grant involved can
demonstrate, by clear and convincing evidence, that the individual is
incapable of benefiting in terms of an employment outcome from VR
services due to the significance of the disability of the individual.
(Authority: 29 U.S.C. 722(a)(3) and 795(a)(3))
Sec. 379.4 What regulations apply?
The following regulations apply to the Projects With Industry
program:
(a) The Education Department General Administrative Regulations
(EDGAR) as follows:
(1) 34 CFR part 74 (Administration of Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-profit
Organizations).
(2) 34 CFR part 75 (Direct Grant Programs).
(3) 34 CFR part 77 (Definitions that Apply to Department
Regulations).
(4) 34 CFR part 79 (Intergovernmental Review of Department of
Education Programs and Activities).
(5) 34 CFR part 80 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments).
(6) 34 CFR part 81 (General Education Provisions Act--Enforcement).
(7) 34 CFR part 82 (New Restrictions on Lobbying).
(8) 34 CFR part 85 (Governmentwide Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free
Workplace (Grants)).
(9) 34 CFR part 86 (Drug and Alcohol Abuse Prevention).
(b) The regulations in this part 379.
(Authority: 29 U.S.C. 711(c) and 795)
Sec. 379.5 What definitions apply?
(a) The following terms used in this part are defined in 34 CFR
part 361:
Act
Community rehabilitation program
Designated State unit
Individual who is blind
Individual with a disability
Individual with a significant disability
Physical or mental impairment
Substantial impediment to employment
(b) The following definitions also apply to this part:
(1) Career advancement services mean services that develop specific
job skills beyond those required by the position currently held by an
individual with a disability to assist the individual to compete for a
promotion or achieve an advanced position.
(2) Competitive employment, as the placement outcome under this
program, means work--
(i) In the competitive labor market that is performed on a full-
time or part-time basis in an integrated setting; and
(ii) For which an individual is compensated at or above the minimum
wage, but not less than the customary or usual wage and terms and
benefits provided by the employer for the same or similar work
performed by individuals who are not disabled.
(3) Integrated setting, as part of the definition of ``competitive
employment,'' means a setting typically found in the community in which
individuals with disabilities interact with non-disabled individuals,
other than non-disabled individuals who are providing services to them,
to the same extent that non-disabled individuals in comparable
positions interact with other persons.
(4) Job readiness training, as used in Sec. 379.41(a), means--
(i) Training in job-seeking skills;
(ii) Training in the preparation of resumes or job applications;
(iii) Training in interviewing skills;
(iv) Participating in a job club; or
(v) Other related activities that may assist an individual to
secure competitive employment.
(5) Job training, as used in this part, means one or more of the
following training activities provided prior to placement, as that term
is defined in Sec. 379.5(b)(7):
(i) Occupational skills training.
(ii) On-the-job training.
(iii) Workplace training combined with related instruction.
(iv) Job skill upgrading and retraining.
(v) Training to enhance basic work skills and workplace
competencies.
(vi) On-site job coaching.
(6) Person served means an individual for whom services by a PWI
project have been initiated with the objective that those services will
result in a placement in competitive employment.
(7) Placement means the attainment of competitive employment by a
person who has received services from a PWI project and has maintained
employment for a period of at least 90 days.
(Authority: 29 U.S.C. 711(c) and 795)
Subpart B--What Kinds of Activities Does the Department of
Education Assist Under This Program?
Sec. 379.10 What types of project activities are required of each
grantee under this program?
Each grantee under the PWI program must--
(a) Provide for the establishment of a Business Advisory Council
(BAC), comprised of representatives of private industry, business
concerns, organized labor, individuals with disabilities and their
representatives, and a representative of the appropriate DSU, that
will--
(1) Identify job and career availability within the community,
consistent with the current and projected local employment
opportunities identified by the local workforce investment board for
the community under section 118(b)(1)(B) of the Workforce Investment
Act of 1998;
(2) Identify the skills necessary to perform those jobs and
careers; and
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(3) Prescribe for individuals with disabilities in fields related
to the job and career availability identified in Sec. 379.10(a)(1)
either--
(i) training programs designed to develop appropriate job and
career skills; or
(ii) job placement programs designed to identify and develop job
placement and career advancement opportunities;
(b) Provide job development, job placement, and career advancement
services;
(c) To the extent appropriate, arrange for the provision of, or
provide for--
(1) Training in realistic work settings to prepare individuals with
disabilities for employment and career advancement in the competitive
labor market; and
(2) To the extent practicable, the modification of any facilities
or equipment of the employer involved that are to be used by
individuals with disabilities under this program. However, a project
may not be required to provide for this modification if the
modification is required as a reasonable accommodation under the
Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101-12213;
and
(d) Provide individuals with disabilities with supportive services
that are necessary to permit them to maintain the employment and career
advancement for which they have received training under this program.
(Authority: 29 U.S.C. 795)
379.11 What additional types of project activities may be authorized
under this program?
The Secretary may include, as part of agreements with grant
recipients under this program, authority for the grant recipients to
provide technical assistance to--
(a) Assist employers in hiring individuals with disabilities; or
(b) Improve or develop relationships between grant recipients or
prospective grant recipients and employers or organized labor; or
(c) Assist employers in understanding and meeting the requirements
of the ADA, as that Act relates to employment of individuals with
disabilities.
(Authority: 29 U.S.C. 795)
Subpart C--How Does One Apply for an Award?
Sec. 379.20 How does an eligible entity apply for an award?
To apply for a grant, an eligible entity must submit an application
to the Secretary in response to an application notice published in the
Federal Register.
(Approved by the Office of Management and Budget under control
number 1820-0566)
(Authority: 29 U.S.C. 795(e)(1)(B))
Sec. 379.21 What is the content of an application for an award?
(a) The grant application must include a description of--
(1) The responsibilities and membership of the BAC, consistent with
section 611(a)(2)(A) of the Act, and how it will interact with the
project in carrying out grant activities, including how the BAC will--
(i) Identify job and career availability within the community,
consistent with the current and projected local employment
opportunities identified by the local workforce investment board for
the community under section 118(b)(1)(B) of the Workforce Investment
Act of 1998;
(ii) Identify the skills necessary to perform the jobs and careers
identified; and
(iii) For individuals with disabilities in fields related to the
job and career availability identified under paragraph (i) of this
section, prescribe either--
(A) Training programs designed to develop appropriate job and
career skills; or
(B) Job placement programs designed to identify and develop job
placement and career advancement opportunities;
(2) How the project will provide job development, job placement,
and career advancement services to project participants;
(3) To the extent appropriate, how the project will provide for--
(i) Training in realistic work settings to prepare individuals with
disabilities for employment and career advancement in the competitive
market; and
(ii) To the extent practicable, the modification of any facilities
or equipment of the employer involved that are used primarily by
individuals with disabilities, except that a project will not be
required to provide for the modification if the modification is
required as a reasonable accommodation under the ADA;
(4) How the project will provide individuals with disabilities with
the support services that may be required to maintain the employment
and career advancement for which the individuals have received training
under this part;
(5) How the project will involve private industry in the design of
the proposed project and the manner in which the project will
collaborate with private industry in planning, implementing, and
evaluating job development, job placement, career advancement
activities and, to the extent included as part of the activities to be
carried out by the project, job training activities;
(6) A plan to conduct annually a review and evaluation of the
operation of the proposed project in accordance with the program
compliance indicators and standards established in Subpart F of this
part and, in conducting the review and evaluation, to collect data and
information of the type described in subparagraphs (A) through (C) of
section 101(a)(10) of the Act, as determined to be appropriate by the
Secretary;
(7) The geographic area to be served by the project, including an
explanation of how the area is currently unserved or underserved by the
PWI program; and
(8) How the project will address the needs of individuals with
disabilities from minority backgrounds, as required by section 21(c) of
the Act.
(b) The grant application also must include assurances from the
applicant that--
(1) The project will carry out all activities required in
Sec. 379.10;
(2) Individuals with disabilities who are placed by the project
will receive compensation at or above the minimum wage, but not less
than the customary or usual wage paid by the employer for the same or
similar work performed by individuals who are not disabled;
(3) Individuals with disabilities who are placed by the project
will--
(i) Be given terms and benefits of employment equal to terms and
benefits that are given to similarly situated nondisabled co-workers;
and
(ii) Not be segregated from their co-workers;
(4) The project will maintain any records required by the Secretary
and make those records available for monitoring and audit purposes;
(5) The project will provide to the Secretary an annual evaluation
report of project operations as required in Sec. 379.21(a)(6) and will
submit reports in the form and detail and at the time required by the
Secretary; and
(6) The applicant will comply with any requirements necessary to
ensure the correctness and verification of those reports.
(Approved by the Office of Management and Budget under control
number 1820-0566)
(Authority: 29 U.S.C. 718(c), 795(a), 795(b), and 795(e)(1)(B))
Sec. 379.22 What are the application procedures for this program?
The Secretary gives the appropriate DSU an opportunity to review
and comment on applications submitted from within the State that it
serves. The procedures to be followed by the
[[Page 48056]]
applicant and the State are described in Secs. 75.155 through 75.159 of
EDGAR.
(Authority: 20 U.S.C. 711(c))
Subpart D--How Does the Secretary Make a Grant?
Sec. 379.30 What selection criteria does the Secretary use under this
program?
(a) The Secretary uses the procedures in 34 CFR part 75 to select
applications and award new grants.
(b) The Secretary uses the following selection criteria to evaluate
an application:
(1) Extent of need for project (20 points). The Secretary reviews
each application to determine the extent to which the project meets
demonstrated needs. The Secretary looks for evidence that--
(i) The applicant has demonstrated a demand in the competitive
labor market of the geographic area to be served for the types of jobs
for which project participants will be placed and, if appropriate,
trained.
(A) The applicant may demonstrate the demand for those jobs by
describing an existing current labor market analysis, other needs
assessment, or one that it has performed in collaboration with private
industry.
(B) The labor market analysis or needs assessment must be
consistent with the current and projected local employment
opportunities identified by the local workforce investment board for
the community under section 118(b)(1)(B) of the Workforce Investment
Act of 1998; and
(ii) The job placement and, if appropriate, job training to be
provided meets the identified needs for personnel in specific
occupations or occupational categories in the geographic area to be
served.
(2) Partnership with industry (25 points). The Secretary looks for
information that demonstrates--
(i) The extent of the project's proposed collaboration with private
industry in the planning, implementation, and evaluation of job
development, job placement, career advancement activities, and, to the
extent included as part of the activities to be carried out by the
project, job training activities; and
(ii) The extent of proposed participation of the BAC in--
(A) The identification of job and career opportunities within the
community, consistent with the current and projected local employment
opportunities identified by the local workforce investment board for
the community under section 118(b)(1)(B) of the Workforce Investment
Act of 1998;
(B) The identification of the skills necessary to perform the jobs
and careers identified; and
(C) For individuals with disabilities in fields related to the job
and career availability identified under paragraph (b)(1)(i) of this
section, prescribing either--
(1) Training programs designed to develop appropriate job and
career skills; or
(2) Job placement programs designed to identify and develop job
placement and career advancement opportunities.
(3) Project design and plan of operation for achieving competitive
employment (25 points). The Secretary reviews each application to
determine--
(i) The extent to which the project goals and objectives for
achieving competitive employment for individuals with disabilities to
be served by the project are clearly stated and meet the needs
identified by the applicant and the purposes of the program;
(ii) The extent to which the project provides for all services and
activities required under Sec. 379.10;
(iii) The feasibility of proposed strategies and methods for
achieving project goals and objectives for competitive employment for
project participants;
(iv) The extent to which project activities will be coordinated
with the DSU and with other appropriate community resources to ensure
an adequate number of referrals and a maximum use of comparable
benefits and services;
(v) The extent to which the applicant's management plan will ensure
proper and efficient administration of the project; and
(vi) Whether the applicant has proposed a realistic timeline for
the implementation of project activities to ensure timely
accomplishment of proposed goals and objectives to achieve competitive
employment for individuals with disabilities to be served by the
project.
(4) Adequacy of resources and quality of key personnel (10 points).
The Secretary reviews each application to determine--
(i) The adequacy of the resources (including facilities, equipment,
and supplies) that the applicant plans to devote to the project;
(ii) The quality of key personnel who will be involved in the
project, including--
(A) The qualifications of the project director;
(B) The qualifications of each of the other key personnel to be
used in the project; and
(C) The experience and training of key personnel in fields related
to the objectives and activities of the project; and
(D) The way the applicant plans to use its resources and personnel
to achieve the project's goals and objectives, including the time that
key personnel will commit to the project.
(5) Budget and cost effectiveness (10 points). The Secretary
reviews each application to determine the extent to which--
(i) The budget is adequate to support the project; and
(ii) Costs are reasonable in relation to the objectives of the
project.
(6) Project evaluation (10 points). The Secretary reviews each
application to determine the quality of the proposed evaluation plan
with respect to--
(i) Evaluating project operations and outcomes;
(ii) Involving the BAC in evaluating the project's job development,
job placement, career advancement activities, and, to the extent
included as part of the activities to be carried out by the project,
job training activities;
(iii) Meeting the annual evaluation reporting requirements in
Sec. 379.21(a)(6);
(iv) Determining compliance with the indicators; and
(v) Addressing any deficiencies identified through project
evaluation.
(Approved by the Office of Management and Budget under control
number 1820-0566)
(Authority: 29 U.S.C. 711(c) and 795)
Sec. 379.31 What other factors does the Secretary consider in
reviewing an application?
In addition to the selection criteria in Sec. 379.30, the
Secretary, in making awards under this program, considers--
(a) The equitable distribution of projects among the States; and
(b) The past performance of the applicant in carrying out a similar
PWI project under previously awarded grants, as indicated by factors
such as compliance with grant conditions, soundness of programmatic and
financial management practices, and meeting the requirements of Subpart
F of this part.
(Authority: 29 U.S.C. 795(e)(2) and 795(f)(4))
Subpart E--What Conditions Must Be Met by a Grantee?
Sec. 379.40 What are the matching requirements?
The Federal share may not be more than 80 percent of the total cost
of a project under this program. For assistance in calculating the
required matching amount, see Appendix C to this part.
[[Page 48057]]
(Authority: 29 U.S.C. 795(c))
Sec. 379.41 What are allowable costs?
In addition to those costs that are allowable in accordance with 34
CFR 74.27 and 34 CFR 80.22, the following items are allowable costs
under this program:
(a) The costs of job readiness training, as defined in
Sec. 379.5(b)(5); job training, as defined in Sec. 379.5(b)(6); job
placement services; job development and modification; and related
support services.
(b) Instruction and supervision of trainees.
(c) Training materials and supplies, including consumable
materials.
(d) Instructional aids.
(e) The purchase or modification of rehabilitation technology to
meet the needs of individuals with disabilities.
(f) Alteration and renovation appropriate and necessary to ensure
access to and use of buildings by individuals with disabilities served
by the project.
(g) To the extent practicable, the modification of any facilities
or equipment of the employer involved that are to be used by
individuals with disabilities under this program. However, a project
may not be required to provide for that modification if the
modification is required as a reasonable accommodation under the ADA.
(Authority: 29 U.S.C. 711(c) and 795)
Sec. 379.42 What are the special requirements pertaining to the Client
Assistance Program?
Each grantee under a program covered by this part must advise
applicants for or recipients of services under its project, or as
appropriate, the parents, family members, guardians, advocates, or
authorized representatives of those individuals, of the availability
and purposes of the State's Client Assistance Program, including
information on seeking assistance from that program.
(Authority: 29 U.S.C. 718a)
Sec. 379.43 What are the special requirements pertaining to the
protection, use, and release of personal information?
(a) All personal information about individuals served by any
project under this part, including lists of names, addresses,
photographs, and records of evaluation, must be held confidential.
(b) The use of information and records concerning individuals must
be limited only to purposes directly connected with the project,
including project evaluation activities.
(c) This information may not be disclosed, directly or indirectly,
other than in the administration of the project, unless the consent of
the agency providing the information and the individual to whom the
information applies, or his or her representative, have been obtained
in writing.
(d) The Secretary or other Federal or State officials responsible
for enforcing legal requirements have access to this information
without the written consent of the individual.
(e) The final product of the project may not reveal any personally
identifying information without the written consent of the individual
or his or her representative.
(Authority: 29 U.S.C. 711(c))
Sec. 379.44 What are the requirements for a continuation award?
(a) A grantee that wants to receive a continuation award must--
(1) Comply with the provisions of 34 CFR 75.253(a), including
making substantial progress toward meeting the objectives in its
approved application and submitting all performance and financial
reports required by 34 CFR 75.118; and
(2) Submit data in accordance with Sec. 379.54 showing that it has
met the program compliance indicators established in Subpart F of this
part.
(b) In addition to the requirements in paragraph (a) of this
section, the following other conditions in 34 CFR 75.253(a) must be met
before the Secretary makes a continuation award:
(1) Congress must appropriate sufficient funds under the program.
(2) Continuation of the project must be in the best interest of the
Federal Government.
(Approved by the Office of Management and Budget under control
number 1820-0566)
(Authority: 29 U.S.C. 711(c) and 795(f)(4))
Sec. 379.45 What are the additional reporting requirements?
Each grantee must submit the data from its annual evaluation of
project operations required under Sec. 379.21(a)(5) no later than 60
days after the end of each project year, unless the Secretary
authorizes a later submission date.
(Approved by the Office of Management and Budget under control
number 1820-0566)
(Authority: 29 U.S.C. 711(c) and 795)
Subpart F--What Compliance Indicator Requirements Must a Grantee
Meet to Receive Continuation Funding?
Sec. 379.50 What are the requirements for continuation funding?
To receive a continuation award for the third or any subsequent
year of a PWI grant, a grantee must adhere to the provisions of its
approved application and must receive a minimum composite score of at
least 70 points on the program compliance indicators contained in
Sec. 379.53.
(Authority: 29 U.S.C. 795(f)(4))
Sec. 379.51 What are the program compliance indicators?
The program compliance indicators implement program evaluation
standards, which are contained in an appendix to this part, by
establishing minimum performance levels and performance ranges in
essential project areas to measure the effectiveness of individual
grantees.
(Authority: 29 U.S.C. 795(d)(1) and 795(f)(1))
Sec. 379.52 How is grantee performance measured using the compliance
indicators?
(a) Each compliance indicator establishes a minimum performance
level.
(b) Each compliance indicator also establishes three performance
ranges with points assigned to each range. The higher the performance
range, the greater the number of points assigned to that range.
(c) If a grantee does not achieve the minimum performance level for
a compliance indicator, the grantee receives no points.
(d) If a grantee achieves or exceeds the minimum performance level,
the grantee receives the points assigned to the particular performance
range that corresponds to its actual level of performance.
(e) The maximum possible composite score that a grantee can receive
is 150 points.
(f) A grantee must receive a composite score of at least 70 points
to meet the evaluation standards and qualify for continuation funding.
(Authority: 29 U.S.C. 795(f)(1))
Sec. 379.53 What are the weights, minimum performance levels, and
performance ranges for each compliance indicator?
(a) Percent of individuals served whose disabilities are
significant. (3-10 points) A minimum of 50 percent of individuals
served by the project are individuals who have significant
disabilities. The performance ranges and the points assigned to each
range are as follows:
(1) 50 percent to 59 percent--3 points.
(2) 60 percent to 75 percent--7 points.
(3) 76 percent or more--10 points.
(b) Percent of individuals served who have been unemployed for at
least six months at the time of project entry. (5-15 points) A minimum
of 50 percent of individuals served by the project have been unemployed
for at least 6 months at the time of project entry. The
[[Page 48058]]
performance ranges and the points assigned to each range are as
follows:
(1) 50 percent to 59 percent--5 points.
(2) 60 percent to 75 percent--10 points.
(3) 76 percent or more--15 points.
(c) Cost per placement. (8-25 points) The average cost per
placement of individuals served by the project does not exceed
$1600.00. The performance ranges and the points assigned to each range
are as follows:
(1) $1351 to $1600--8 points.
(2) $1000 to $1350--17 points.
(3) Less than $1000-25 points.
(d) Projected cost per placement. (5-15 points) The actual average
cost per placement of individuals served by the project does not exceed
140 percent of the projected average cost per placement in the
grantee's application. The performance ranges and the points assigned
to each range are as follows:
(1) 126 percent to 140 percent--5 points.
(2) 111 percent to 125 percent--10 points.
(3) 110 percent or less--15 points.
(e) Placement rate. (8-25 points) A minimum of 40 percent of
individuals served by the project are placed in competitive employment.
The performance ranges and the points assigned to each range are as
follows:
(1) 40 percent to 49 percent--8 points.
(2) 50 percent to 69 percent--17 points.
(3) 70 percent or more--25 points.
(f) Projected placement rate. (5-15 points) The actual number of
individuals served by the project that are placed into competitive
employment is at least 50 percent of the number of individuals that the
grantee projected in its grant application would be placed. The
performance ranges and the points assigned to each range are as
follows:
(1) 50 percent to 74 percent--5 points.
(2) 75 percent to 94 percent--10 points.
(3) 95 percent or more--15 points.
(g) Change in earnings. (7-20 points) The earnings of individuals
served by the project who are placed into competitive employment have
increased by an average of at least $75.00 a week over earnings at
project entry. The performance ranges and the points assigned to each
range are as follows:
(1) $75 to $124--7 points.
(2) $125 to $199--14 points.
(3) $200 or more--20 points.
(h) Percent placed who have significant disabilities. (3-10 points)
At least 50 percent of individuals served by the project who are placed
into competitive employment are individuals who have significant
disabilities. The performance ranges and the points assigned to each
range are as follows:
(1) 50 percent to 59 percent--3 points.
(2) 60 percent to 75 percent--7 points.
(3) 76 percent or more--10 points.
(i) Percent unemployed placed. (5-15 points) At least 50 percent of
individuals served by the project who are placed into competitive
employment are individuals who were unemployed for at least 6 months at
the time of project entry. The performance ranges and the points
assigned to each range are as follows:
(1) 50 percent to 59 percent--5 points.
(2) 60 percent to 75 percent--10 points.
(3) 76 percent or more--15 points.
(j) Summary chart of weights and performance ranges. The following
composite chart shows the weights assigned to the performance ranges
for each compliance indicator.
------------------------------------------------------------------------
Performance ranges:
--------------------------------------
Range Range Range
------------------------------------------------------------------------
Indicator: 1 2 3
Individuals with significant 3 7 10
disabilities served.............
Unemployed served................ 5 10 15
Cost per placement............... 8 17 25
Projected cost per placement..... 5 10 15
Placement rate................... 8 17 25
Projected placement rate......... 5 10 15
Change in earnings............... 7 14 20
Percent placed who have 3 7 10
significant disabilities........
Percent unemployed placed........ 5 10 15
--------------------------------------
Total possible score......... 49 102 150
------------------------------------------------------------------------
(Authority: 29 U.S.C. 795(f)(1))
Sec. 379.54 What are the reporting requirements for the compliance
indicators?
(a) To allow the Secretary to determine whether a grantee is
eligible to receive continuation funding for the third year of funding
(or the second continuation award) or any subsequent year of a PWI
grant, each grantee must submit data to the Secretary for the first
project year or for the most recent complete project year no later than
60 days after the end of that project year, unless--
(1) The Secretary authorizes a later submission date; or
(2) The grantee exercises the option in paragraph (c) of this
section.
(b) The Secretary uses the data provided pursuant to paragraph (a)
of this section to determine if the grantee has met the program
compliance indicators established in this Subpart F.
(c) If the data provided under paragraph (a) of this section for
the most recent complete project year shows that a grantee has failed
to achieve the minimum composite score required to meet the program
compliance indicators (see Sec. 379.52(f)), the grantee may, at its
option, submit data from the first six months of the current project
year. The data must demonstrate that the grantee's project performance
has improved sufficiently to meet the minimum composite score.
(d) The grantee must submit data submitted pursuant to paragraph
(c) of this section no later than 60 days after the end of that 6 month
period, unless the Secretary authorizes a later submission date.
(Approved by the Office of Management and Budget under control
number 1820-0566)
(Authority: 29 U.S.C. 795(f)(2) and 795(f)(4))
Appendix A To Part 379--Evaluation Standards
Standard 1: The primary objective of the project must be to
assist individuals with disabilities to obtain competitive
employment. The activities carried out by the project must support
the accomplishment of this objective.
Standard 2: The project must serve individuals with disabilities
that impair their capacity to obtain competitive employment. In
selecting persons to receive services,
[[Page 48059]]
priority must be given to individuals with significant disabilities.
Standard 3: The project must ensure the provision of services
that will assist in the placement of individuals with disabilities.
Standard 4: Funds must be used to achieve the project's primary
objective at minimum cost to the Federal Government.
Standard 5: The project's advisory council must provide policy
guidance and assistance in the conduct of the project.
Standard 6: Working relationships, including partnerships, must
be established with agencies and organizations to expand the
project's capacity to meet its objectives.
Standard 7: The project must obtain positive results in
assisting individuals with disabilities to obtain competitive
employment.
Appendix B To Part 379--Presumption of Eligibility
If a DSU determines that an individual is an eligible individual
under section 102(a) of the Act, including that the individual meets
the definition of an ``individual with a significant disability,''
and refers the individual to a PWI project, the PWI grantee may
initiate services to that individual without the need for an
additional determination of eligibility. In these instances, the PWI
grantee should obtain appropriate documentation of this
determination from the DSU.
Appendix C To Part 379--Calculating Required Matching Amount
1. The method for calculating the required matching amount may
be stated by the following formula:
X = (Y .8) - Y
X = Required Match (provided in cash or through third party in-kind
contributions)
Y = Amount of Federal Funds
This equation holds true regardless of the total cost of the
project. The amount of Federal funds spent in a fiscal year (FY) can
never be more than 80 percent (hence, the ``.8'' in the formula) of
the total funds (Federal and non-Federal) spent by the project.
Thus, the formula is not dependent on knowing the total cost of the
project. One needs to know only that the Federal share can be no
more than 80 percent of whatever the total costs may turn out to be.
In all cases, the matching contribution is calculated by dividing
the amount of the Federal grant award by 80 percent (.8) and
subtracting from that result the amount of the Federal grant award.
For example: If the amount of the Federal PWI grant award is
$400,000, the amount of the required match is $100,000, calculated
as follows:
Max. Fed. % of (Am't. of Fed.
Required match = (Am't. of Fed. Funds in FY Total) - Funds in FY)
X = ($400,000.................. .8) - 400,000
X = $500,000-400,000...........
X = $100,000...................
The matching contribution is never simply 20 percent of the
amount of the Federal grant award (i.e., in the above example, NOT
.2 x $400,000).
2. Another consideration is what happens if a grantee carries
over unspent Federal funds it received in a fiscal year. If the
grantee spends or obligates less than the amount of its Federal
grant award in a particular fiscal year and carries over the unspent
or unobligated amount of its Federal grant award, its required
matching contribution stays the same because the amount of its
required matching expenditures or obligations is based on the amount
of Federal dollars received in a particular fiscal year. That is, if
the grantee carries over any unspent or unobligated Federal funds,
the grantee must have spent or obligated the amount of non-Federal
funds required for its matching contribution in the same fiscal year
in which the Federal funds were received.
For example: If a PWI grantee receives a grant award of $80,000
in FY 2000, its matching requirement for these funds is $20,000. If
the grantee spends and obligates only $64,000 in FY 2000, it may
``carry over'' $16,000 to FY 2001. However, the grantee must spend
or obligate $20,000 in non-Federal funds in FY 2000 to meet its
matching requirements for the $80,000 it received in FY 2000, even
though it does not spend or obligate the entire $80,000 in FY 2000.
If the grantee fails to spend or obligate in FY 2000 the entire
$20,000 in non-Federal funds, the grantee will fail to meet the
matching requirement for the $80,000 it received in FY 2000 and may
not carry over the unspent or unobligated $16,000 to FY 2001.
3. The matching contribution also must comply with the
requirements of 34 CFR 74.23 (for grantees that are institutions of
higher education, hospitals, or other nonprofit organizations) or 34
CFR 80.24 (for grantees that are State, local, or Indian tribal
governments). The term ``third party in-kind contributions'' is
defined in either 34 CFR 74.2 or 34 CFR 80.3, as applicable to the
type of grantee.
[FR Doc. 99-22564 Filed 8-31-99; 8:45 am]
BILLING CODE 4000-01-U