[Federal Register: June 9, 1999 (Volume 64, Number 110)]
[Notices]
[Page 31067-31071]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn99-127]
[[Page 31067]]
_______________________________________________________________________
Part V
Department of Education
_______________________________________________________________________
Office of Special Education and Rehabilitative Services; Special
Education--Training and Information for Parents of Children With
Disabilities; Notices
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DEPARTMENT OF EDUCATION
Office of Special Education and Rehabilitative Services; Special
Education--Training and Information for Parents of Children With
Disabilities
AGENCY: Department of Education.
ACTION: Notice of final priority.
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SUMMARY: The Secretary announces a final priority for one program
administered by the Office of Special Education and Rehabilitative
Services (OSERS) under the Individuals with Disabilities Education Act
(IDEA), as amended. The Secretary may use this priority to support
grants in fiscal year 1999 and subsequent years. The Secretary takes
this action to focus Federal assistance on identified needs to improve
results for children with disabilities. This final priority is intended
to ensure wide and effective use of program funds.
EFFECTIVE DATE: This priority takes effect on July 9, 1999.
FOR FURTHER INFORMATION CONTACT: For further information on the
priority under the Training and Information for Parents of Children
with Disabilities Program contact the U.S. Department of Education, 400
Maryland Avenue, SW., room 3527, Switzer Building, Washington, DC
20202-2641. Telephone: (202) 205-8038. FAX: (202) 205-8105. Internet:
Debra__Sturdivant@ed.gov
Individuals who use a telecommunications device for the deaf (TDD)
may call the TDD number: (202) 205-8953.
Individuals with disabilities may obtain a copy of this notice in
an alternate format (e.g., Braille, large print, audiotape, or computer
diskette) by contacting the Department at the address listed. However,
the Department is not able to reproduce in an alternate format the
standard forms included in the application package.
SUPPLEMENTARY INFORMATION: This notice contains one final priority
under the Training and Information for Parents of Children with
Disabilities program authorized by IDEA.
On March 25, 1999, the Secretary published a notice of proposed
priority for this program in the Federal Register (64 FR 14556).
This proposed priority supports the National Education Goals by
helping to improve results for children with disabilities.
The publication of this priority does not preclude the Secretary
from proposing additional priorities, nor does it limit the Secretary
to funding only this priority, subject to meeting applicable rulemaking
requirements. Funding of particular projects depends on the
availability of funds, and the quality of the applications received.
Note: This notice of final priority does not solicit
applications. A notice inviting applications under this competition
is published in a separate notice in this issue of the Federal
Register.
Analysis of Comments and Changes
In response to the Secretary's invitation in the notice of proposed
priority, seventeen parties submitted comments. An analysis of the
comments and of the changes in the proposed priority follows. We
discuss substantive issues under the sections of the priority to which
they pertain. Generally, we do not address technical and other minor
changes--and suggested changes the law does not authorize the Secretary
to make.
Comment: One commenter questioned whether only the States listed in
the March 25, 1999 Federal Register announcement would be considered
for the fiscal year 1999 funding cycle. The commenter further
recommended that the final priority include the four (4)-year schedule
for submitting applications for all of the State awards.
Discussion: Only the States listed in the March 25, 1999 Federal
Register announcement as eligible for the fiscal year 1999 funding
cycle, Guam, Palau, the Commonwealth of the Northern Mariana Islands
and the freely associated States will be eligible for funding in fiscal
year 1999. The Parent Training and Information (PTI) centers program is
moving the competition cycles for the centers to a four (4)-year cycle
with a pre-determined schedule of the States eligible for the
competition. Including the anticipated schedule in the priority itself
would limit the Secretary's ability to revise the schedule based on
unforseen circumstances. The regular four (4)-year cycle is expected to
be:
1999: AZ, DE, DC, IA, IN, MA, MN, MS, MO, SD, VA, WA, WY.
2000: HI, ID, LA, NH, NC, OK, PA, RI, TN, WV, VI, AS.
2001: AK, AL, CO, FL, KY, ME, MD, NE, NY, ND, NV, PR, VT, WI.
2002: AR, CA, CT, GA, IL, KS, MI, MT, NJ, NM, OH, OR, SC, TX, UT.
States and the freely associated States that are not listed here
will be included in a cycle if and when they receive initial funding.
Changes: None.
Comment: Several commenters suggested that a five (5)-year funding
schedule would be a better strategy than the proposed four (4)-year
funding schedule.
Discussion: The Secretary believes that four years provides a more
appropriate funding cycle in order to provide adequate Federal
oversight for the PTI centers.
Changes: None.
Comment: One commenter suggested that the annual reporting cycle
should go to a process of reporting data from the beginning of a grant
year to the end of a grant year.
Discussion: The statute requires an annual report by fiscal year.
Therefore, the Secretary is not legally authorized to change this
requirement by requesting that the PTI centers report data by grant
year as opposed to reporting data by fiscal year.
Changes: None.
Comment: One commenter suggested that the language on page 14557,
paragraph (a) of the priority should be amended to include parents of
children that are not identified at all.
Discussion: The priority, as written, includes parents of children
who are not identified at all. The language referring to children who
may be inappropriately identified was intended to include those
children who may not be identified at all. However, the Secretary
acknowledges the concerns of the commenter and agrees to clarify the
language of the priority.
Changes: The priority language will be amended by adding
``including those who are not identified at all'' to the end of the
sentence.
Comment: One commenter suggested that parents would choose not to
use the mediation process in States where the SEA uses its own staff as
mediators. The commenter stated that parents have questions about the
impartiality of mediators who work for the State and are vested in the
State's interest.
Discussion: Section 615(e) (1) and (2) of IDEA includes language
that requires that the mediation process must be conducted by a
qualified and impartial mediator who is trained in effective mediation
techniques. The statute further states that a local educational agency
or State agency may establish procedures to require parents who choose
not to use the mediation process, to meet with a disinterested party
who is under contract with a PTI center or community parent resource
center (CPRC), or an appropriate alternative dispute resolution entity,
at a time and location convenient to the parents. The Secretary
believes that the language contained in IDEA takes into account the
concerns of the commenter.
Changes: None.
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Comment: One commenter recommended that the Department should
require entities such as colleges, universities, local schools, and
State education agencies that receive Federal education funds, to seek
partnerships with PTI centers as well as parents in the general
population. The commenter further stated that networking,
collaboration, and information sharing should not be the full
responsibility of PTI centers but should be shared by all related
entities.
Discussion: The Department supports partnerships among the PTI
centers and entities such as colleges, universities, local schools, and
State education agencies that receive Federal education funds. In
addition, the Department has made significant investments to create the
type of partnerships described by the commenter in order to promote and
insure the implementation of the IDEA Amendments of 1997.
Changes: None.
Comment: One commenter recommended that PTI centers should be
funded to specifically serve low income parents and children affected
by learning disabilities.
Discussion: Section 682(b)(3) of IDEA states that each parent
training and information center is required to serve the parents of
infants, toddlers, and children with the full range of disabilities.
Each of the centers should have information and knowledge about
learning disabilities as well as an awareness of additional resources
in the local area or State that are available for this group of
children and their families.
Changes: None.
Comment: Several commenters suggested that the language requiring
PTI centers to work cooperatively with the Community Parent Resource
Centers (CPRCs) in the State should be expanded to require PTI centers
to share some of their funding with CPRCs so that the work of the CPRCs
is acknowledged and supported financially.
Discussion: The intent of paragraph (h) in the proposed priority to
establish cooperative relations with the CPRCs was to reinforce the
requirement in section 683(b)(3) of IDEA that the CPRCs establish
cooperative partnerships with the PTI centers. PTI centers can choose
to enter into projects with CPRCs where subcontracting could occur.
However, the Secretary does not believe it is necessary for the PTI
centers to share funding for the projects to maximize existing
resources, work together when possible, and be supportive of each
other.
Changes: There are no substantive changes. However, the order of
paragraphs (g) and (h) in the proposed priority has been reversed in
the final priority to make clear the intent of the priority.
Comment: One commenter suggested that the priority clarify that no
new PTI centers will be funded in States where they currently exist.
Discussion: Other than interim awards for California, New York, and
Illinois in fiscal year 1999, no awards will be made in any State that
are not consistent with the regular four (4)-year funding cycle
schedule.
Changes: None.
Comment: Several commenters suggested a change to the language of
the proposed priority so that Parent to Parent programs are
specifically mentioned as partners to PTI centers, share PTI centers'
funding, and demonstrate cooperative relationships in their State.
Discussion: The Secretary believes that the concerns of the
commenters are addressed within the work scope of the priority, which
requires PTI centers to network and work with local organizations and
agencies, including community-based organizations, such as Parent to
Parent programs, that serve parents and families of children with
disabilities. The Secretary further emphasizes that it is in the best
interest of families who have children with disabilities that all
providers of services and supports work together to maximize resources
and reach as many families as possible.
Changes: None.
Comment: One commenter recommended that certain organizations, such
as the protection and advocacy agencies, should not be eligible to
receive PTI center funding.
Discussion: Under the current statute there is only one exclusion
that is specifically mentioned--Institutions of Higher Education.
Otherwise, any organization or entity that meets the eligibility
criteria for this priority may apply for an award.
Changes: None.
Comment: One commenter suggested that the language in the priority
requiring a project to budget for a two-day Project Director's meeting
should be changed to read as follows: A project's budget must include
funds to attend a regional Project Director's meeting to be held each
year of the project.
Discussion: The Alliance Project, which is the national technical
assistance project funded by the Office of Special Education Programs,
funds and supports the attendance of project directors to attend a two-
day national conference in Washington, DC.
Changes: The priority language has been amended as suggested by the
commenter.
Comment: Several commenters expressed concern about the need to
fund a project that has as its focus the very diverse and specialized
needs of traditionally underserved multicultural and multilingual
families living in poverty in urban and in rural communities.
Discussion: Working with underserved, diverse families is part of
the mandate for both the PTI centers and the CPRCs. It is not the
intent of the PTI centers program to create two systems, but to
encourage the integration of these groups where and when possible. The
current technical assistance provider, Alliance, is aware of the need
to provide a variety of approaches to support the diverse and
specialized needs of traditionally underserved multicultural and
multilingual families, and will continue to develop expertise and
expand its services to meet the needs of all families.
Changes: None.
Special Education--Training and Information for Parents of Children
With Disabilities
Purpose of Program
The purpose of this program is to ensure that parents of children
with disabilities receive training and information to help improve
results for their children.
Under section 682(e) of IDEA, the Secretary is required to: (a)
make at least one award to a parent organization in each State, unless
the Secretary does not receive an application from such an organization
in each State of sufficient quality to warrant approval; and (b) select
among applications submitted by parent organizations in a State in a
manner that ensures the most effective assistance to parents, including
parents in urban and rural areas, in the State.
Eligible applicants for awards under this priority are parent
organizations, as defined in section 682(g) of IDEA. A parent
organization is a private nonprofit organization (other than an
institution of higher education) that (a) has a board of directors, the
parent and professional members of which are broadly representative of
the population to be served and the majority of whom are parents of
children with disabilities, that includes individuals with disabilities
working in the fields of special education, related services, and early
intervention; or (b) if the private
[[Page 31070]]
nonprofit organization does not have such a board, has a membership
that represents the interest of individuals with disabilities and must
establish a special governing board with the same requirements as
paragraph (a) and develops a memorandum of understanding between this
special governing board and the board of directors of the organization
that clearly outlines the relationship between the board and the
committee and the decision making responsibilities and authority of
each.
Priority
Under section 682 of the Act, and 34 CFR 75.105(c)(3), the
Secretary proposes to give an absolute preference to applications that
meet the following priority. The Secretary proposes to fund under this
competition only those applications that meet this proposed priority:
Proposed Absolute Priority--Parent Training and Information Centers
(84.328M)
Background: The IDEA Amendments of 1997 strengthen the role of
parents and increase their involvement in decisions about their
children's education. Other changes in the law, increased dependence on
and the use of technology, and a greater emphasis on networking and
promoting partnerships between parents and school personnel, require
the PTI centers to be strengthened and refocused. In order to allocate
resources more equitably, create a unified system of service delivery,
and provide the broadest coverage for the parents and families in every
State, the Department will begin to make awards in four (4)-year cycles
for each State. In FY 1999, applications for 4-year awards will be
accepted for the following States: Arizona; Delaware; District of
Columbia; Iowa; Indiana; Massachusetts; Minnesota; Mississippi;
Missouri; South Dakota; Virginia; Washington; and Wyoming.
In addition to the above State awards, the Secretary intends to
fund one award that focuses on the needs of Native-American families
who have children with disabilities and one award that focuses on the
needs of military families who have children with disabilities.
Until the first four (4)-year cycle is completed, there is a need
to have an interim schedule for awards in States where there is more
than one PTI and their current awards do not have the same end date.
Therefore, we will hold a competition for one or more awards in these
States for the time periods needed to match the end date of the last
Center funded. Applications will be accepted for FY 1999 interim
competitions for the following States: (1) California--3-year award,
(2) Illinois--3-year award, and (3) New York--2-year award.
Priority: The Secretary will establish an absolute priority to
support parent training and information centers that--
(a) Provide training and information that meets the training and
information needs of parents of children with disabilities in the area
served by the center, particularly underserved parents and parents of
children who may be inappropriately identified, including those who are
not identified at all;
(b) Assist parents to understand the availability of, and how to
effectively use, procedural safeguards under IDEA, including
encouraging the use, and explaining the benefits, of alternative
methods of dispute resolution, such as the mediation process described
in IDEA;
(c) Serve the parents of infants, toddlers, and children with the
full range of disabilities;
(d) Assist parents to--
(1) Better understand the nature of their children's disabilities
and their educational and developmental needs;
(2) Communicate effectively with personnel responsible for
providing special education, early intervention, and related services;
(3) Participate in decision making processes and the development of
individualized education programs and individualized family service
plans;
(4) Obtain appropriate information about the range of options,
programs, services, and resources available to assist children with
disabilities and their families;
(5) Understand the provisions of the Act for the education of, and
the provision of early intervention services to, children with
disabilities; and
(6) Participate in school reform activities;
(f) Contract with the State education agency, if the State elects
to contract with the parent training and information center, for the
purpose of meeting with parents who choose not to use the mediation
process to encourage the use, and explain the benefits, of mediation
consistent with sections 615(e)(2)(B) and (D) of IDEA;
(g) Establish cooperative relations with the Community Parent
Resource Center or Centers in their State in accordance with section
683(b)(3) of IDEA;
(h) Network with appropriate clearinghouses, including
organizations conducting national dissemination activities under
section 685(d) of IDEA, and with other national, State, and local
organizations and agencies, such as protection and advocacy agencies,
that serve parents and families of children with the full range of
disabilities;
(i) Annually report to the Secretary on--
(1) The number of parents to whom parent training and information
centers provided information and training in the most recently
concluded fiscal year; and
(2) The effectiveness of strategies used to reach and serve
parents, including underserved parents of children with disabilities;
and
(j) If there is more than one parent center in a particular State,
coordinate their activities to ensure the most effective assistance to
parents in that State.
An applicant must identify the strategies it will undertake--
(a) To ensure that the needs for training and information of
underserved parents of children with disabilities in the areas to be
served are effectively met, particularly in underserved areas of the
State; and
(b) To work with the community-based organizations, particularly in
the underserved areas of the State.
A parent training and information center that receives assistance
under this absolute priority may also conduct the following
activities--
(a) Provide information to teachers and other professionals who
provide special education and related services to children with
disabilities;
(b) Assist students with disabilities to understand their rights
and responsibilities on reaching the age of majority, as included under
section 615(m) of IDEA; and
(c) Assist parents of children with disabilities to be informed
participants in the development and implementation of the State
improvement plan under IDEA.
A project's budget must include funds to attend a regional Project
Directors' meeting to be held each year of the project.
In order to demonstrate eligibility to receive a grant, an
applicant must describe how its board or special governing committee
meets the criteria for a parent organization in section 682(g) of IDEA.
In addition, any parent organization that establishes a special
governing committee under section 682(g)(2) of IDEA must demonstrate
that the by-laws of its organization allows the governing committee to
be responsible for operating the project (consistent with existing
fiscal policies of its organization).
Current funding levels, population of school age children, and the
relative proportion of children living in poverty
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will be considered in determining funding levels for grants.
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
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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 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.
Intergovernmental Review
The Training and Information for Parents of Children with
Disabilities 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
assistance.
In accordance with the order, we intend this document to provide
early notification of the Department's specific plans and actions for
this program.
Program Authority: 20 U.S.C. 1482.
(Catalog of Federal Domestic Assistance Numbers: Special Education--
Training and Information for Parents of Children with Disabilities,
84.328)
Dated: June 3, 1999.
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 99-14532 Filed 6-8-99; 8:45 am]
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