[Federal Register: November 24, 1995 (Volume 60, Number 226)] [Rules and Regulations ] [Page 58135-58137] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [[Page 58135]] _______________________________________________________________________ Part II Department of Education _______________________________________________________________________ 34 CFR Part 371 Vocational Rehabilitation Service Projects for American Indians With Disabilities; Final Rule [[Page 58136]] DEPARTMENT OF EDUCATION 34 CFR Part 371 RIN 1820-AB32 Vocational Rehabilitation Service Projects for American Indians With Disabilities AGENCY: Department of Education. ACTION: Final regulations. ----------------------------------------------------------------------- SUMMARY: The Secretary amends the regulations implementing the Vocational Rehabilitation Service Projects for American Indians with Disabilities program authorized under Title I, Part D, section 130 of the Rehabilitation Act of 1973, as amended (Act). Changes are needed to implement section 130(b)(3) of the Act to provide greater funding continuity for tribal projects that are performing effectively by extending the normal 36-month project period for up to 24 additional months. Changes are also needed to conform the purpose and outcome of the program, consistent with section 100(a)(2) of the Act as revised by the 1992 Amendments, from placement in suitable employment to placement in gainful employment consistent with individual strengths, resources, priorities, concerns, abilities, capabilities, and informed choice. EFFECTIVE DATE: These regulations take effect December 26, 1995. FOR FURTHER INFORMATION CONTACT: Barbara M. Sweeney, U.S. Department of Education, 600 Independence Avenue, S.W., Room 3225, Mary E. Switzer Building, Washington, D.C. 20202-2575. Telephone: (202) 205-9544. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. SUPPLEMENTARY INFORMATION: These regulations implement, in part, section 130(b)(3) of the Act, which authorizes the Secretary to prescribe regulations that would extend the project period for certain tribal projects beyond the maximum 36 months specified in the Act. The Secretary may grant, on a case-by-case basis, extensions of up to 24 months to tribal projects that meet the requirements established in a new Sec. 371.5. In order to receive an extension of its project period, a tribal grantee must submit a written request for extension that contains an assurance of compliance with all program requirements and that provides satisfactory evidence that there is a continuing need for the project and that the project has been effective in meeting the rehabilitation needs of the American Indians it has served, including achieving employment outcomes that are consistent with individual strengths, resources, priorities, concerns, abilities, capabilities, and informed choice. The program supports the National Education Goal that, by the year 2000, every adult American, including individuals with disabilities, will possess the knowledge and skills necessary to compete in a global economy and exercise the rights and responsibilities of citizenship. On July 27, 1995, the Secretary published a notice of proposed rulemaking (NPRM) for this program in the Federal Register (60 FR 38608). Except for minor editorial and technical revisions, there are no differences between the NPRM and these final regulations. Analysis of Comments and Changes In response to the Secretary's invitation in the NPRM, 26 parties submitted comments on the proposed regulations. An analysis of the comments and of the changes in the regulations since publication of the NPRM follows. The comments have been grouped according to subject, with appropriate sections of the regulations referenced in parentheses. Technical and other minor changes--and suggested changes the Secretary is not legally authorized to make under the applicable statutory authority--are not addressed. Gainful Employment (Section 371.1) Comments: Twelve parties commented on the proposed change of the purpose and outcome of the program from placement in suitable employment to placement in gainful employment consistent with individual strengths, resources, priorities, concerns, abilities, capabilities, and informed choice. All twelve parties requested that the term ``suitable employment'' be retained. Some of these commenters were concerned that ``gainful employment'' was synonymous with competitive employment and would require that individuals be placed in jobs paying at least the minimum wage. Competitive employment opportunities, according to these commenters, might not be available on many reservations, thus forcing some individuals to leave the reservation to achieve this kind of employment goal. Other commenters were concerned that this change would lessen individual choice in the selection of a vocational goal and would preclude certain kinds of employment outcomes, such as subsistence employment or placement in a small family-operated business, that are available on reservations, culturally appropriate, and meet individual needs. Discussion: This change in the regulations is necessary to conform the purpose and outcome of the program with new legislative language in section 100(a)(2) of the Act. This change does not restrict the range of employment outcomes that are permissible under the program, which continue to include, as appropriate to the needs of the individual, outcomes such as supported employment, self-employment, extended employment, homemaker, or farm or family work for which payment may be in kind rather than cash. The Secretary interprets the term ``gainful employment'' to be any employment outcome that is consistent with individual strengths, resources, priorities, concerns, abilities, capabilities, and informed choice. ``Gainful employment'' is not synonymous with competitive employment; the term includes, but is not limited to, competitive employment. The Secretary believes that the new legislative language, as reflected in the regulations, strengthens consumer choice of a vocational goal under the program rather than diminishing it as some commenters feared. Changes: None. Length of the Project Period (Section 371.5) Comments: There were thirteen comments received on the proposed extension of the normal 36-month project period for up to 24 additional months and on the requirements for submitting an extension request. All commenters supported the proposal to extend the project period. There were no comments proposing any changes to the content requirements of an extension request. Discussion: None. Changes: None. Intergovernmental Review This program is not subject to the requirements of Executive Order 12372 and the regulations in 34 CFR Part 79. List of Subjects in 34 CFR Part 371 Education, Grant programs--education, Vocational rehabilitation, Reporting and recordkeeping requirements. (Catalog of Federal Domestic Assistance Number 84.250 Vocational Rehabilitation Service Projects for American Indians With Disabilities) [[Page 58137]] Dated: November 20, 1995. Judith E. Heumann, Assistant Secretary for Special Education and Rehabilitative Services. The Secretary amends Part 371 of Title 34 of the Code of Federal Regulations as follows: PART 371--VOCATIONAL REHABILITATION SERVICE PROJECTS FOR AMERICAN INDIANS WITH DISABILITIES 1. The authority citation for Part 371 continues to read as follows: Authority: 29 U.S.C. 711(c) and 750, unless otherwise noted. 2. Section 371.1 is revised to read as follows: Sec. 371.1 What is the Vocational Rehabilitation Services Program for American Indians with Disabilities? This program is designed to provide vocational rehabilitation services to American Indians with disabilities who reside on Federal or State reservations, consistent with their individual strengths, resources, priorities, concerns, abilities, capabilities, and informed choice, so that they may prepare for and engage in gainful employment. (Authority: Secs. 100(a)(2) and 130(a) of the Act; 29 U.S.C. 720(a)(2) and 750(a)) 3. A new Sec. 371.5 is added to Subpart A to read as follows: Sec. 371.5 What is the length of the project period under this program? (a) The Secretary approves a project period of up to three years. (b) The Secretary may extend a grant for up to two additional years if the grantee includes in its extension request-- (1) An assurance that the project is in compliance with all applicable program requirements; and (2) Satisfactory evidence that-- (i) The project has made substantial and measurable progress in meeting the needs of American Indians with disabilities on the reservation or reservations it serves; (ii) American Indians with disabilities who have received project services have achieved employment outcomes consistent with their strengths, resources, priorities, concerns, abilities, capabilities, and informed choice; and (iii) There is a continuing need for the project. (Approved by the Office of Management and Budget under control number 1820-0018.) (Authority: Section 130(b)(3) of the Act; 29 U.S.C. 750(b)(3)) [FR Doc. 95-28744 Filed 11-22-95; 8:45 am] BILLING CODE 4000-01-P