National Institute on Disability and Rehabilitation Research; Notice of Final Funding Priorities for Fiscal Years 2001-2002 for a National Center on Accessible Education-Based Information Technology and the Disability and Business Technical Assistance Centers [OSERS]

[Federal Register: January 8, 2001 (Volume 66, Number 5)]
[Notices]
[Page 1499-1506]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja01-89]

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DEPARTMENT OF EDUCATION

National Institute on Disability and Rehabilitation Research;
Notice of Final Funding Priorities for Fiscal Years 2001-2002 for a
National Center on Accessible Education-Based Information Technology
and the Disability and Business Technical Assistance Centers

AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.

SUMMARY: The Assistant Secretary for the Office of Special Education
and Rehabilitative Services announces final funding priorities for a
National Center on Accessible Education-Based Information Technology
and the Disability and Business Technical Assistance Centers under the
National Institute on Disability and Rehabilitation Research (NIDRR)
for fiscal years 2001-2002. The Assistant Secretary takes this action
to focus research attention on areas of national need. We intend these
priorities to improve the rehabilitation services and

[[Page 1500]]

outcomes for individuals with disabilities.

DATES: These priorities take effect on February 7, 2001.

FOR FURTHER INFORMATION CONTACT: Donna Nangle. Telephone: (202) 205-
5880. Individuals who use a telecommunications device for the deaf
(TDD) may call the TDD number at (202) 205-4475. Internet:
donna_nangle@ed.gov.
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 in the preceding
paragraph.

SUPPLEMENTARY INFORMATION: This notice contains final priorities under
the Disability and Rehabilitation Research Projects and Centers Program
(DRRP) for a National Center on Accessible Education-Based Information
Technology and the Disability and Business Technical Assistance
Centers.
The final priorities refer to NIDRR's Long Range Plan (the Plan).
The Plan can be accessed on the World Wide Web at: http://www.ed.gov/
offices/OSERS/NIDRR/#LRP.

National Education Goals

These final priorities will address the National Education Goal
that every adult American will be literate and will possess the
knowledge and skills necessary to compete in a global economy and
exercise the rights and responsibilities of citizenship.
The authority for the program to establish research priorities by
reserving funds to support particular research activities is contained
in sections 202(g) and 204 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. 762(g) and 764(b)(4)). Regulations governing this
program are found in 34 CFR part 350.

Note: This notice does not solicit applications. A notice
inviting applications is published in this issue of the Federal
Register.

Analysis of Comments and Changes

On November 7, 2000, the Assistant Secretary published a notice of
proposed priorities in the Federal Register (65 FR 66732). The
Department of Education received 10 letters commenting on the notice of
proposed priorities by the deadline date. Technical and other minor
changes--and suggested changes the Assistant Secretary is not legally
authorized to make under statutory authority--are not addressed.

Disability and Rehabilitation Research Project and Centers Program

General Comments

Comment: The National Center on Accessible Education-Based
Information Technology or one of the DBTACs should be responsible for
evaluating the accessibility of nationally distributed IT products.
Discussion: The scale of this activity would rival all of the
required activities in the priority. In addition, a variety of public
and private sector interests (e.g., manufacturers, Federal agencies,
trade associations, disability organizations) currently undertake this
activity. The National Center and the DBTACs will disseminate the
results of these evaluations. We decline to revise the priority as
suggested because of its scale and in order to avoid duplication of
effort.
Changes: None.

Comment: An additional factor was proposed to the selection
criteria that will be used to evaluate applications for the National
Center and the DBTACs. This proposed factor states that in determining
the quality of the project staff, NIDRR will consider the extent to
which key personnel have expert knowledge about state-of-the-art IT to
conduct all activities.
One commenter suggested that this factor should be revised to
include the extent to which key personnel have expert knowledge about
the ADA and significant experience in providing technical assistance
about basic and complex ADA issues.
A second commenter suggested that this factor should be applied to
all partners and collaborators in an application.
Discussion: In regard to the first comment, it will not be possible
for the National Center and the DBTACs to fulfill their purposes unless
key personnel have expert knowledge on the ADA and experience with
providing technical assistance on the ADA. Revising the selection
criteria as suggested by the first commenter will improve the
evaluation process. We agree to revise the factor as suggested.
In regard to the second comment, the application of this factor is
not restricted exclusively to the applicant. The staff of an
applicant's partners or collaborators will be evaluated by the peer
reviewers using this factor if their roles are considered key to the
performance of the grant. It is not necessary to revise the factor in
order to address the commenter's concern.
Changes: The selection criteria have been changed to include a
factor that addresses the extent to which key personnel have expert
knowledge on the ADA and experience with providing technical assistance
on the ADA.

National Center on Accessible Education-Based Information
Technology

Comment: The National Center should be required to coordinate with
the Assistive Technology Act Projects and the Technical Assistance
provider to the Assistive Technology Act Projects.
Discussion: The priority requires the National Center to coordinate
with a number of NIDRR grantees as well as a wide array of Federal
agencies. Because we do not believe that it is imperative for the
National Center to coordinate with the Assistive Technology Act
Projects and the Technical Assistance provider to the Assistive
Technology Act Projects in order to fulfill the purposes of the
priority, we decline to require the National Center to coordinate with
these entities. However, an applicant may propose to coordinate with
the Assistive Technology Act Projects and the Technical Assistance
provider to the Assistive Technology Act Projects, and the application
review process will evaluate the merits of the proposal.
Changes: None.

Disability and Business Technical Assistance Centers

Comment: Two commenters suggested requiring the DBTACs to provide
technical assistance on the nondiscrimination requirements of the
Workforce Investment Act to entities within the Workforce Investment
System such as One-Stop Centers and local Workforce Investment Boards.
Discussion: Other than educational entities, the priority does not
require the DBTACs to provide technical assistance and training to any
specific target audience. In order to allow the DBTACs as much
flexibility as possible to meet the demands for technical assistance
within their region, we decline to require the DBTACs to provide
technical assistance and training to entities within the Workforce
Development System. The priority allows the DBTACs the discretion to
provide technical assistance to all entities covered by the ADA
including those within the Workforce Investment System. An applicant
may propose to provide technical assistance and training to entities
within the Workforce Development System, and the application review
process will evaluate the merits of the proposal.
Changes: None.

[[Page 1501]]

Comment: Three commenters made various suggestions to require the
DBTACs to promote the employment status of persons with disabilities.
Two commenters suggested that the DBTACs should be required to promote
best practices in the employment area for business and government. One
of these commenters also suggested that an additional selection
criteria factor be added to evaluate applicants' proposals to promote
successful employer practices that impact hiring, retention, and
promotion of persons with disabilities.
Two commenters suggested that the DBTACs undertake a number of
activities to educate employers and employment specialists on providing
accessible IT to employees with disabilities and the benefits of
providing this accommodation.
Discussion: One of the primary purposes of the ADA is to prohibit
discrimination against persons with disabilities in the area of
employment in order to improve their employment status. Nearly twenty-
five percent of all the training and technical assistance that the
DBTACs provide is targeted to employers and businesses. The DBTACs have
the authority to undertake the types of activities submitted by the
commenters. We believe that they are excellent activities to promote
the successful implementation of the ADA. However, in order to provide
the DBTACs with as much flexibility as possible in meeting the needs of
their regions, we decline to revise the selection criteria or require
these specific activities. An applicant may propose to undertake the
activities suggested by the commenters, and the application review
process will evaluate the merits of the proposal.
Changes: None.
Comment: The priority adds a special emphasis to the mission of the
DBTACs, by requiring them to assist educational entities in providing
children, youth, and adults with disabilities with access to IT. Five
commenters expressed various concerns about these activities.
Three commenters observed that these activities departed
significantly from the DBTACs' primary mission. One of these commenters
suggested this activity emphasis could compromise the DBTACs' principal
efforts in providing technical assistance and training on the ADA. The
other two commenters suggested that the DBTACs did not possess the
requisite experience in working with IT and State and local educational
entities to be effective. These latter two commenters, as well as two
additional commenters, suggested that the Assistive Technology Act
State grantees would be more effective than the DBTACs in carrying out
these activities.
Discussion: We share the first commenter's concern that the special
emphasis should not compromise the technical assistance and training
that the DBTACs provide on the ADA. In order to ensure that this does
not happen, we requested and received an increase of approximately five
million dollars in the DBTAC program's budget. We believe that this
additional support will allow the DBTACs to maintain their current
level of activity on the ADA and effectively carry out the additional
activities related to accessible education-based IT.
In regard to the commenters who questioned whether the DBTACs were
the appropriate vehicle to carry out the special emphasis, the DBTAC
program has had a special emphasis on working with schools systems
dating back to 1994 and has developed a State network structure that is
well-suited to delivering training and technical assistance at the
State and local levels. In order to ensure that the DBTACs have the
technological expertise on IT that will be necessary to successfully
carry out the special emphasis, we designed the priority and the
selection criteria to require the DBTACs to partner with organizations
that are expert in IT and maintain IT expertise on their staffs.
In regard to the comment that the Assistive Technology State
grantees would be more effective than the DBTACs in carrying out this
special emphasis, NIDRR recognizes the valuable contribution that these
organizations can make to this initiative. This is evidenced by the
fact that the priority specifically requires the DBTACs to form
regional partnerships with the Assistive Technology Act grantees among
others. We note that the entities that administer the Assistive
Technology State grants are eligible applicants for the DBTAC
competition. NIDRR encourages competition in all of our programs, and
looks forward to receiving applications from a wide range of applicants
with the capabilities to fulfill the purposes of a DBTAC.
Changes: None.
Comment: The DBTACs should be required to utilize the personnel
from the Assistive Technology Act Project and the Office of Special
Education Program's Regional Resource Centers.
Discussion: We decline to specify applicant personnel because
applicants should be able to tailor proposed personnel to the
activities that will be supported. An applicant may propose to utilize
personnel from the Assistive Technology Act Project and the Office of
Special Education Program's Regional Resource Centers, and the
application review process will evaluate the merits of the proposal.
Changes: None.
Comment: Educational IT is unique in many respects and is developed
by an industry that is diverse and not very advanced in addressing
accessibility standards. Providing technical assistance and training to
schools without a complementary effort targeted toward industry will
minimize the impact of the priority.
Discussion: We agree with the commenter's observations regarding
the unique qualities of educational IT and the need to work with
industry to improve the accessibility of their IT products. NIDRR has
funded a Rehabilitation Engineering Research Center (RERC) on
Information Technology Access since June of 1998, an Information
Technology Technical Assistance and Training Center in FY2000, and
plans on establishing a new RERC on Wireless Information Technology in
FY2001. The mission of both of these RERCs is to work closely with
industry to assist them in the development and marketing of accessible
IT products. When these centers work with the educational IT industry,
they will address the unique qualities of educational IT products.
Therefore we believe that this priority is appropriately focused with
an emphasis on education-based information technology.
Changes: None.
Comment: Two commenters expressed concern about the lack of
national standards and its impact on the technical assistance provided
by the DBTACs. One of these commenters suggested that NIDRR should wait
for national standards for accessibility to computer labs to be
developed before providing technical assistance and training to
educational entities.
Discussion: National accessibility standards, including those for
computer labs, would simplify the work of the DBTACs significantly.
However, educational entities need technical assistance now in order to
improve the accessibility of their IT. We decline to wait to provide
technical assistance and training.
Changes: None.
Comment: Elementary and secondary schools are accustomed to using
the Individuals with Disabilities Education Act (IDEA) and Section 504
to understand their obligation to provide accessible instructional
technology to students with disabilities. It will be helpful to not
only seek a clear legal interpretation of the ADA's

[[Page 1502]]

requirements for accessible IT, but also to connect that obligation to
IDEA and Section 504.
Discussion: As indicated in the background to the priority, covered
entities often seek technical assistance to understand the relationship
between related disability laws. In order for the DBTACs to be able to
provide the type of technical assistance identified by the commenter,
the priority requires the DBTACs to be knowledgeable about a wide array
of disability-related or disability rights laws, including IDEA and
Section 504. In addition, the priority emphasizes the importance of the
DBTACs' promotion of best practices in order to encourage educational
entities to acquire accessible IT even when they are not obligated to
do so. Therefore, no changes are necessary to address the commenter's
concern regarding 504 and IDEA because we expect the DBTACs to be able
to assist schools to understand not only their ADA obligations, but
also the relationships between the ADA, IDEA, and Section 504.
In regard to the comment of the need for clear legal interpretation
of the ADA's requirements for IT, as case law and policy guidance from
responsible Federal agencies develop on the subject of the application
of the ADA to IT, the DBTACs will disseminate this information to all
interested parties.
Changes: None.
Comment: Does education-based IT include accessible textbooks and
accessibility issues related to instructional media (e.g., captioning
and audio description of video)?
Discussion: The final paragraph of the introduction to the two
priorities provides definitions of IT and education-based IT. If the
textbooks and instructional media contemplated by the commenter meet
the definition of IT cited in this paragraph, then they would be
considered education-based IT.
Changes: None.

Disability and Rehabilitation Research Project and Centers Program

The authority for Disability and Rehabilitation Research Projects
(DRRP) is contained in section 204 of the Rehabilitation of 1973, as
amended (29 U.S.C. 762(g) and 764(b)(4)). The purpose of the Disability
and Rehabilitation Research Project and Centers Program is to plan and
conduct research, demonstration projects, training and related
activities to--
(a) Develop methods, procedures, and rehabilitation technology that
maximizes the full inclusion and integration into society, employment,
independent living, family support, and economic and social self-
sufficiency of individuals with disabilities; and
(b) Improve the effectiveness of services authorized under the Act.

Priorities on the ADA and Accessible Education-Based Information
Technology (IT)

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. In October 1991,
and again in October 1996, NIDRR awarded five-year grants to establish
10 regional Disability and Business Technical Assistance Centers
(DBTACs). These centers provide technical assistance and training on
all of the requirements of the ADA to covered entities and individuals
with responsibilities and rights under the ADA. Currently, there is one
DBTAC in each of the 10 Department of Education regions. For FY 2001
NIDRR is funding 10 new DBTACs that will maintain the current level of
effort on providing information and technical assistance on the ADA as
well as add a special emphasis in the area of education-based
information technology (IT). The purpose of this special emphasis is to
assist covered educational entities in providing children, youth, and
adults with disabilities with access to IT.
NIDRR is funding two priorities toward this end. The first will
establish a national center on accessible education-based IT that will
operate in collaboration with the DBTACs and will provide support and
guidance on education-based accessible IT technical assistance
activities. The second priority will establish 10 new DBTACs and
delineates the technical assistance and training activities required of
them to promote the successful implementation of the ADA, including
those activities related to the special emphasis on educational
institutions and accessible IT.
For the purposes of these priorities, and consistent with the
Clinger-Cohen Act of 1996, information technology is defined to include
any equipment or interconnected system or subsystem of equipment that
is used in the automatic acquisition, storage, manipulation,
management, movement, control, display, switching, interchange,
transmission, or reception of data or information. It includes computer
hardware, software, networks, and peripherals as well as many
electronic and communications devices commonly used in offices.
Education-based IT refers to any IT that is used by either students or
employees of educational entities, including, but not limited to,
teachers, administrators, and administrative staff.

Priority 1: National Center on Accessible Education-Based IT

Background
IT plays a critical role in all educational settings. Regardless of
their age, students who cannot access IT are operating at a significant
disadvantage to their peers who can. Recent reports suggests that,
regardless of age, educators and students with disabilities face
significant IT accessibility issues (``Computer and Internet Use Among
People with Disabilities,'' Dr. Stephen Kaye, Disability Statistics
Center, University of California-San Francisco, published by NIDRR,
U.S. Department of Education, March 2000; and ``What are the Barriers
to Use of Advanced Telecommunications for Students with Disabilities in
Public Schools,'' Issue Brief published by the National Center for
Education Statistics, U.S. Department of Education, NCES 2000-42,
January 2000). These issues can be broken down into two types: legal
and technological.
Section 504 of the Rehabilitation Act of 1973, as amended,
prohibits discrimination on the basis of disability in any program or
activity of recipients of Federal financial assistance. Virtually all
school districts receive Federal funds and have been required to comply
with Section 504 for many years. The ADA extends this prohibition to a
wider range of educational entities; however, with some exceptions, the
ADA does not impose any major new requirements on school districts and
other educational entities that receive Federal funds and are covered
by Section 504.
The ADA requires virtually all educational entities to ensure that
persons with disabilities are not excluded from participation in, or
denied the benefits of, its services, programs, and activities. This
includes all aspects of the instructional environment, employment
relationships, and services carried out by contractors. When IT is part
of the programs, services, or activities provided by the educational
entity, those entities have an obligation to ensure that the hardware
and software that make up those technologies are accessible to all
users. In some instances, educational entities may be unaware of their
legal obligation to provide accessible IT to persons with disabilities
who enroll or seek to enroll in their programs. Similarly, persons with
disabilities may be unaware that

[[Page 1503]]

they are entitled under the ADA to access the IT of the educational
entity.
It may also be the case that educational entities do not have the
information they need to either purchase accessible IT, or adapt the IT
they have so that it is accessible to students or employees with
disabilities. Both the responsible party within the educational entity
(e.g., the procurement officer, related services personnel, the
teacher, or the computer lab director) and the student, or employee
with a disability, may be unaware that accessible IT exists and can be
purchased, or that adaptations may be made to the existing IT to
provide accessibility. When a student or employee with a disability
uses assistive technology (e.g., an augmentative communication device),
the technological problem may involve identifying the proper interface
between the educational entity's IT and the student or employee's
assistive technology. In these instances, information and technical
assistance can aid the educational entity to provide accessible IT.
Some educational entities may also be required to comply with the
standards for accessible technology to be issued by the Access Board,
as required by Section 508 of the Rehabilitation Act. Section 508
requires Federal agencies and departments to ensure equal access to
electronic and information technology for individuals with disabilities
comparable to those who do not have disabilities, unless such a
requirement would cause an undue burden. The Assistive Technology Act
(AT Act) requires that States receiving assistance, including sub-
recipients of AT Act funds, under the AT State Grants program comply
with the requirements of section 508, including the standards developed
by the Access Board. Each State must determine whether entities such as
colleges and universities or local and intermediate school districts
are considered part of the State and therefore, must comply with
Section 508 and the standards as published by the Access Board.
Priority 1: We will establish a National Center on Accessible
Education-Based IT to assist educational entities in providing persons
with disabilities with accessible IT. The Center must:
(1) Develop new materials and reformat or reprint existing
materials to assist educational entities to understand and fulfill
their legal obligations to provide accessible IT. These materials may
include, but are not limited to, the ADA self-evaluation guide for
schools, Section 504 and ADA guidance for educational entities,
technical materials on IT access, consumers' guide to accessible IT,
and technical IT standards;
(2) Conduct a national information dissemination campaign to raise
awareness on accessible education-based IT and inform target audiences
on the availability of technical assistance from the DBTACs and others.
This campaign may include, but is not limited to, print and electronic
ads, newsletters, presentations at national conferences, and regular
electronic communication with national organizations to update them on
legal and technological developments;
(3) Promote the procurement by educational entities of accessible
information technology that meets the standards for section 508 or
universal design principles;
(4) Coordinate with and provide training, materials, and technical
assistance to the DBTACs in support of their technical assistance
efforts to educational entities on accessible IT;
(5) Provide training, materials, and technical assistance to the U.
S. Department of Education's various IT initiatives including, but not
limited to, the Regional Technology in Education Consortia,
Comprehensive Regional Assistance Centers, the Technology Literacy
Challenge Fund, Community Technology Centers, and the Preparing
Tomorrow's Teachers to Use Technology Programs in order to promote
accessibility by persons with disabilities; and
In carrying out these activities, the National Center on Accessible
Education-based IT must:
Include in its primary target audience elementary and
secondary institutions, and postsecondary educational entities
including, but not limited to, institutions of higher education,
proprietary schools (particularly those offering IT training), and
adult education programs;
Coordinate with NIDRR's Rehabilitation Engineering
Research Centers (RERCs) on Information Technology Access and
Telecommunications Access, and also with NIDRR's Information Technology
Technical Assistance and Training Center;
Coordinate with relevant Federal agencies responsible for
the administration of public laws that address access to and usability
of education-based IT for persons with disabilities including, but not
limited, to the General Services Administration, the Access Board, the
Federal Communications Commission, the Department of Justice, and
offices within the Department of Education including the Rehabilitation
Services Administration, the Office of Special Education Programs, and
the Office for Civil Rights;
Develop and maintain a web site to assist educational
entities to understand and fulfill their legal obligations related to
accessible IT; and
Provide information and technical assistance consistent
with other IT accessibility laws, including, but not limited to,
section 508 of the Rehabilitation Act.

Priority 2: Disability and Business Technical Assistance Centers

Background
Covered entities and individuals with responsibilities and rights
under the ADA continue to need technical assistance on the ADA. The
demand for technical assistance services from the DBTACs has remained
high since 1992 (see Table 1), a trend that will likely continue
indefinitely.

Table 1.--Summary of Selected DBTAC Technical Assistance and Training Activities From FY 1992 through FY 1999
----------------------------------------------------------------------------------------------------------------
Number of Number of
Number of Number of technical hard copy
Fiscal year 800 line people assistance materials
calls trained efforts disseminated
----------------------------------------------------------------------------------------------------------------
1992....................................................... 20,000 30,759 40,313 188,842
1993....................................................... 61,000 63,341 79,964 539,511
1994....................................................... 75,700 56,800 127,736 698,040
1995....................................................... 90,400 64,870 152,395 901,878

[[Page 1504]]

1996....................................................... 88,500 64,502 135,000 1,800,000
1997....................................................... 91,534 70,000 180,909 785,695
1998....................................................... 92,312 86,000 157,126 1,082,294
1999....................................................... 90,839 74,500 170,865 1,014,057
----------------------------------------------------------------------------------------------------------------
Source: Annual Reports of NIDRR's ADA Technical Assistance Grantees FY 1992-FY 1999.

In many instances, the nature of the technical assistance that the
DBTACs provide today is more complex than the technical assistance they
provided in the years shortly after the passage of the ADA. This is a
result of covered entities seeking to stay current with the growing
body of legal precedents as well as standards and policy guidance
issued by responsible Federal agencies. However, there are still many
covered entities that need information on the most fundamental
requirements of the law. Subsequently, DBTACs must continue to provide
basic information about the ADA as well as respond to more complex
requests for technical assistance and training.
In order to be effective, it is virtually imperative that the
DBTACs exploit the benefits of IT and stay current with new
developments in the field. For example, the DBTACs use web-based
programs to carry out distance learning activities in order to increase
access to and participation in their information dissemination efforts.
In FY 1999 the DBTACs and the ADA Program Assistance Coordinator's web
sites received over 870,001 visits. While there will always be a need
to distribute hard copies of materials, the DBTACs receive increasing
numbers of requests for electronic copies of these same materials. They
also respond to technical questions, provide training, and participate
in cooperative efforts related to ADA technical assistance activities
using electronic media. To carry out a wide variety of electronic and
web-based technical assistance and training activities, the DBTACs'
staffs must have a sufficiently high level of expertise on IT.
The DBTACs provide a wide range of technical assistance services
such as referrals, consultation, and information dissemination. They
also issue newsletters and information briefs, and participate in
discussion groups on the Internet. The DBTACs address the needs of non-
English populations by distributing materials that have been translated
into other languages and employing bilingual information specialists
when appropriate. Table 2 indicates the recipient groups of the DBTACs
technical assistance, training, and materials distribution activities
in FY 1999.

Table 2.--Summary of Percentage of Technical Assistance, Training, and
Materials Distributed to Target Audience by DBTACs in FY 1999
------------------------------------------------------------------------
Technical Materials
Target audience assistance Training distributions
------------------------------------------------------------------------
Disability entities............ 50 44 45
Businesses..................... 31 24 30
Public entities................ 14 23 18
Other.......................... 5 9 7
------------------------------------------------------------------------
Source: Annual Report of NIDRR's ADA Technical Assistance Grantees FY
1999.

In addition, the DBTACs carry out public awareness activities on
the ADA and the services provided by the DBTACs through a variety of
means including, but not limited to, radio and television appearances,
presentations at conferences, and the production of materials for
newspaper and magazine articles. When it enhances their technical
assistance activities, the DBTACs also disseminate ADA research
findings generated by NIDRR-sponsored grantees and others.
In order to tailor their efforts to State and local needs and
maximize their resources, DBTACs also work to 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.
These affiliates carry out their activities in collaboration with
coalitions of organizations interested in promoting the implementation
of the ADA. In addition, the DBTACs support and collaborate with
Centers for Independent Living (CILs) to assist them in implementing
the ADA through the provision of technical assistance and training.
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. DBTAC
services and activities are accessible to all individuals with
disabilities, and all of the materials they distribute are available in
alternate formats. The DBTACs also share a national toll-free telephone
number that automatically connects the caller with the DBTAC serving
the caller's area code. Further, the DBTACs meet semi-annually to
coordinate their activities and receive briefings from Federal agencies
with responsibilities under the ADA. They also evaluate their technical
assistance efforts using the ADA Impact Measurement System (AIMS). AIMS
uses a follow-up telephone survey and a postcard survey to measure the
impact that the DBTACs' technical assistance has had on its customers
and their level of satisfaction with the services that the DBTACs
provided. AIMS are currently

[[Page 1505]]

maintained by one of the DBTACs. The proposed priority includes an
optional activity authorizing a DBTAC to maintain AIMS over the
proposed project period. From among those DBTAC applicants who propose
to maintain AIMS over the project period, the application evaluation
process will select one successful applicant to carry out this
activity.
Since 1991, the DBTACs have provided technical assistance and
training to educational entities on their responsibilities under the
ADA. In 1994, NIDRR funded a training project on the ADA for schools
and supported the U.S. Department of Education Office for Civil Rights'
development and publication of an ADA self-evaluation guide for public
elementary and secondary schools. A toll-free ADA hotline specifically
for school systems, that originated with the schools training project,
is still in operation through the Region I DBTAC. The special emphasis
that is being placed on the DBTACs to provide technical assistance on
accessible IT to educational entities represents an expansion of their
technical assistance efforts. In those instances where the requisite
assistance is a matter of helping the entity to understand its legal
obligation, NIDRR expects the DBTACs to provide accurate information to
the educational entity on the requirements of the ADA. In those
instances where the requisite assistance is technical and involves
assisting the entity to procure, create, adapt, maintain or evaluate
the accessibility of their IT, NIDRR expects the DBTACs to possess the
requisite technical expertise or develop partnerships with agencies and
organizations who have the necessary technical expertise.
The DBTACs routinely receive inquiries that involve disability-
related laws or disability rights laws other than the ADA. In some of
these instances, the inquiry concerns the interaction between the ADA
and disability-related laws such as the Family and Medical Leave Act or
the Worker's Compensation Act. In other instances, individuals with a
disability may believe that their civil rights have been violated, but
are not sure of the controlling authority. For example, individuals
with a disability may want to know about their landlord's
responsibility to make their apartment accessible. In this case, in
order to provide appropriate technical assistance, the DBTAC must be
sufficiently familiar with not only the ADA, but also the Fair Housing
Act. Thus to respond directly or to refer the inquirer to an expert
source of technical assistance, the DBTACs must be knowledgeable about
a wide array of disability-related or disability rights laws.
Priority 2: We will establish a Regional DBTAC in each of the
Department of Education 10 regions to facilitate implementation of the
ADA. Each center must:
(1) Provide technical assistance and training and disseminate
information to individuals and entities with responsibilities and
rights under the ADA on the ADA's requirements as well as developments
in case law, policy, and implementation;
(2) Increase the capacity of organizations, at the State and local
level, including CILs, to provide technical assistance and training on,
disseminate information on, and promote awareness of the ADA;
(3) Promote awareness of the ADA and the availability of services
provided by the DBTACs, other NIDRR-sponsored ADA grantees, and other
Federal information sources on the ADA;
(4) Provide technical assistance and training and disseminate
information on legal obligations of educational entities to provide
accessible IT to students and employees;
(5) Provide technical assistance to educational entities to enable
them to conduct self-evaluations on the accessibility of their IT;
(6) Provide technical assistance, either directly or through
referral, on how to make existing IT accessible and ensure that new IT
acquisitions are accessible;
(7) Promote ``best practices'' by encouraging educational entities
to purchase IT consistent with the standards issued by the Access Board
under Section 508 or universal design principles, regardless of whether
they have a legal obligation to do so;
(8) Provide information to independent living centers, Parent
Training Information Centers, and the Regional Resource Centers on
accessible education-based IT; and
(9) Form regional partnerships among Assistive Technology Act
grantees, RERCs, Office of Special Education Programs' technology
grantees, and other pertinent educational organizations and agencies to
guide, coordinate, and if appropriate, carry out technical assistance
activities in each region.
In carrying out these activities each DBTAC must:
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;
Be knowledgeable about a wide array of disability-related
or disability rights laws including, but not limited to, sections 504
and 508 of the Rehabilitation Act, the Individuals with Disabilities
Education Act, the Air Carriers Access Act, section 255 of the
Telecommunications Act, section 188 of the Workforce Investment Act,
the Fair Housing Act, the Family and Medical Leave Act, the AT Act, and
workers' compensation laws;
Coordinate its activities with the National Center on
Accessible Education-based IT, and 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 President's Committee on
Employment of Persons with Disabilities, the National Council on
Disability, and other offices within the Department of Education
including the Rehabilitation Services Administration, and the Office of
Special Education Programs;
Provide performance accountability data on a monthly and
annual basis as requested by NIDRR;
Distribute services and resources equitably--taking into
account population and size--among each State in its region;
Address the needs of non-English speaking populations; and
Include in their target audience for activities (4), (5),
(6) and (7): elementary and secondary institutions, and postsecondary
educational entities including, but not limited to, institutions of
higher learning, proprietary schools (particularly those offering IT
training), and adult education programs.
In carrying out its evaluation activities, a DBTAC may maintain the
ADA Impact Measurement System.

Additional Selection Criterion for the DBTACs and the National
Center on Accessible Education-Based IT Priorities

We will use the selection criteria in 34 CFR 350.54 to evaluate
applications under this program. In evaluating applications for the
DBTACs and the National Center on Accessible Education-based IT and, we
will also use the following factor under the project staff criterion.
In determining the quality of the project staff, we will consider the
extent to which key personnel have expert knowledge about state-of-the-
art IT to conduct all proposed activities.

[[Page 1506]]

Disability and Rehabilitation Research Project and Centers Program

The purpose of the DRRP program is to plan and conduct research,
demonstration projects, training, and related activities to:
(a) Develop methods, procedures, and rehabilitation technology that
maximizes the full inclusion and integration into society, employment,
independent living, family support, and economic and social self-
sufficiency of individuals with disabilities; and
(b) Improve the effectiveness of services authorized under the Act.

Additional Selection Criterion

We will use the selection criteria in 34 CFR 350.54 to evaluate
applications under these programs. The maximum score for all the
criteria is 100 points; however, we will also use the following
criterion so that up to an additional ten points may be earned by an
applicant for a total possible score of 110 points.
Up to ten (10) points based on the extent to which an application
includes effective strategies for employing and advancing in employment
qualified individuals with disabilities in projects awarded under this
absolute priority. In determining the effectiveness of those
strategies, we will consider the applicant's prior success, as
described in the application, in employing and advancing in employment
qualified individuals with disabilities.
Thus, for purposes of this competitive preference, applicants can
be awarded up to a total of 10 points in addition to those awarded
under the published selection criteria for these priorities. That is,
an applicant meeting this competitive preference could earn a maximum
total of 110 points.
Applicable Program Regulations: 34 CFR part 350.

Electronic Access to This Document

You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at either of the
following sites: http://ocfo.ed.gov/fedreg.htm http://www.ed.gov/
news.html To use PDF you must have Adobe Acrobat Reader, which is
available free at either of the preceding sites. If you have questions
about using PDF, call the U.S. Government Printing Office (GPO), toll
free, at 1-888-293-6498; or in the Washington, DC, area at (202) 512-
1530.

Note: The official version of the document is 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

(Catalog of Federal Domestic Assistance Numbers 84.133D, Disability
Rehabilitation Research Project)

Program Authority: 29 U.S.C. 762(g) and 764(b)(4).

Dated: December 26, 2000.
Curtis L. Richards,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 01-86 Filed 1-4-01; 8:45 am]
BILLING CODE 4000-01-U