[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1397]


[[Page Unknown]]

[Federal Register: January 20, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION
Office of Special Education and Rehabilitative Services

 

Special Studies Program; Final Priorities for Fiscal Years 1994-
1995

AGENCY: Education.

ACTION: Notice of final priorities for Fiscal Years 1994-1995.

-----------------------------------------------------------------------

SUMMARY: The Secretary announces final priorities for the Special 
Studies program to ensure effective use of program funds and to direct 
funds to areas of identified need during fiscal years 1994 and 1995.

EFFECTIVE DATE: These priorities take effect either 45 days after 
publication in the Federal Register or later if the Congress takes 
certain adjournments. If you want to know the effective date of these 
priorities, call or write the Department of Education contact person.

FOR FURTHER INFORMATION CONTACT: Linda Glidewell, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 3524 Switzer Building, 
Washington, DC 20202-2641. Telephone: (202) 205-9099. 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: The Special Studies Program, authorized by 
section 618 of Part B of the Individuals with Disabilities Education 
Act (IDEA), as amended, supports studies to evaluate the impact of the 
IDEA, including efforts to provide a free appropriate public education 
and early intervention services to infants, toddlers, children, and 
youth with disabilities. The results of these studies must be included 
in the annual report submitted to the Congress by the Department. 
Section 618 also authorizes the Secretary to provide technical 
assistance to participating State agencies in the implementation of the 
study design, analysis, and reporting procedures.
    On June 8, 1993, the Secretary published a notice of proposed 
priority for this program (Technical Assistance to State Agencies 
Participating in the State Agency-Federal Evaluation Studies Program) 
in the Federal Register (58 FR 32207). Also, on July 7, 1993, the 
Secretary published a notice of proposed priorities for the Research in 
Education of Individuals with Disabilities Program in the Federal 
Register (58 FR 36576). In response to comments received on the latter 
announcement, one priority under the Research in Education of 
Individuals with Disabilities Program is being published as a final 
priority under the Special Studies Program.
    These priorities support the National Education Goals by improving 
our understanding of how to enable children and youth with disabilities 
to reach the high levels of academic achievement called for by the 
Goals.

    Note: This notice of final priorities does not solicit 
applications.

Analysis of Comments and Changes

    In the notice of proposed priority, the Secretary invited comments 
on the proposed priority under the Special Studies Program. The 
Secretary did not receive any comments on the Special Studies priority, 
and except for minor technical revisions, the Secretary has made no 
changes since publication of the proposed priority.
    However, in response to the Secretary's invitation in the notice of 
proposed priorities for the Research in Education of Individuals with 
Disabilities Program, four parties submitted comments on the priority 
``State and local Education Efforts to Implement the Transition 
Requirements in the Individuals with Disabilities Education Act.'' An 
analysis of those comments and of the changes in the proposed priority 
follows. Technical and other minor changes--as well as suggested 
changes the Secretary is not legally authorized to make under the 
applicable statutory authority--are not addressed.

Comments on: State and Local Education Efforts To Implement the 
Transition Requirements in the Individuals With Disabilities Education 
Act

    Comment: This priority was originally published in proposed form on 
July 7, 1993 (58 FR 36576) as part of a package of fiscal years 1994 
and 1995 priorities proposed under the Research in Education of 
Individuals with Disabilities Program (Part E of IDEA). Three 
commenters questioned whether Part E authorized studies of State and 
local efforts to implement the transition requirements added to IDEA by 
the 1990 Amendments. These commenters stated their opinion that these 
studies were more appropriately funded under section 618 of Part B.
    Discussion: While the Secretary believes that Part E is broad 
enough in scope to support a wide variety of research and related 
activities, including transition studies, the Secretary agrees with the 
commenters that specific and explicit authority exists in section 618 
to fund studies that assess progress in implementing IDEA as well as 
evaluate efforts by State and local governments to provide a free 
appropriate public education and early intervention services. See 
section 618(a).
    Moreover, funding this priority under section 618 is consistent 
with the previous practice of the Department. Examples of this would be 
recent projects under which (1) the State Educational Agency (SEA) in 
South Dakota is examining the extent to which integration of special 
education has been achieved, and (2) the Colorado SEA is examining the 
effectiveness of the State's ``Standards-Based Education'' with respect 
to students with disabilities. An analysis of the Department's 
rationale for dropping the transition studies priority from the 
Research package is also set forth in the Department's responses to 
public comments in the final Research package that was published on 
November 18, 1993 (58 FR 60928).
    Finally, the Secretary notes that the Notice of Proposed Priority 
for the Special Studies program, published on June 8, 1993 (58 FR 
32206-2208), to which there were no public comments, stated the 
Secretary might fund additional priorities, subject to meeting 
rulemaking requirements.
    Changes: This priority has been removed from the Research in 
Education of Individuals with Disabilities Program, and is funded 
instead as a final priority under the Special Studies program.
    Comment: One commenter requested that the term ``student outcomes'' 
be further defined to specify domains of concern (such as educational, 
vocational, social, etc.) and that there be emphasis placed on 
``learning'' as an outcome to be included in the research.
    Discussion: The Secretary agrees that educational outcomes should 
be an essential part of transition planning and programs. The Secretary 
believes that the priority as written places emphasis on educational 
opportunities, instruction, and learning.
    Changes: None.
    Comment: One commenter identified several existing resources for 
information from existing transition projects of national scope that 
should be coordinated in order to avoid duplication of effort by the 
study. This commenter also recommended that the priority should include 
mention of the services available through the Department of Labor and 
the Social Security Administration.
    Discussion: The Secretary agrees with the recommendations.
    Changes: The priority is changed to allow the project to compile 
extant information in order to avoid duplication of effort, and 
language has been added referencing the agencies mentioned by the 
commenter.
    Comment: Two commenters urged the Secretary to consider whether 
there should be multiple, rather than single, awards supported under 
this priority. The reasons expressed were that multiple awards permit 
inquiry that targets conditions close to the practice level, permitting 
examination of the complex interaction of features of policy, 
procedure, practice, resources, history, etc., thus potentially 
advancing greater understanding and giving greater external validity to 
overall findings. The commenters felt that the recognized difficulties 
of multiple awards could be overcome by a requirement to coordinate the 
information so that it becomes optimally useful from the Federal 
perspective.
    Discussion: Given the current availability of funds and the need 
for a national perspective, the Secretary believes that a single award 
is the most appropriate choice at this time.
    Changes: None.

Priorities:

    Under 34 CFR 75.105(c)(3)) the Secretary gives an absolute 
preference to applications that meet the following priorities. The 
Secretary will fund under these competitions only applications that 
meet these absolute priorities:

Absolute Priority 1--Technical Assistance to State Agencies 
Participating in the State Agency-Federal Evaluation Studies Program

Background:

    Section 618(d)(1) of the Individuals with Disabilities Education 
Act (IDEA) authorizes cooperative agreements between State agencies and 
the U.S. Department of Education to evaluate the impact and 
effectiveness of programs provided for under the Act. These cooperative 
agreements are awarded on a competitive basis to State educational 
agencies or other State agencies that have been designated by the 
Governor in each State for the purpose of administering an early 
intervention program under part H of IDEA. The projects funded under 
the section 618(d)(1) authority are referred to as the State Agency-
Federal Evaluation Studies projects.
    To assist State agencies, section 618(d)(3) of IDEA authorizes the 
provision of technical assistance to State agencies in the 
implementation of the study design, analysis, and reporting procedures 
of studies funded by the State Agency-Federal Evaluation Studies 
projects.
    The purpose of this priority is to establish a center for the 
provision of technical assistance to State agencies in carrying out 
evaluation studies funded by the State Agency-Federal Evaluation 
Studies projects competition (SAFES). The intent is to build an 
evaluation capacity within State agencies for the purpose of generating 
information that is usable for improving programs and services for 
children and youth with disabilities. The Secretary intends to make an 
award with a project period of up to 36 months. The Secretary may make 
continuation awards for two additional years, subject to the 
requirements of 34 CFR 75.253(a), and, under 34 CFR 75.234(a)(4), the 
Secretary will assess in particular the continued need for the center 
awarded under this priority.
    Priority: The specific goal of the center is to support the 
development of State agencies' technical capacity to carry out 
evaluation studies funded under the State Agency-Federal Evaluation 
Studies.
    The center must--
    (a) Develop a diverse, overall portfolio of technical assistance 
services and products;
    (b) Develop with each State agency an individual plan for technical 
assistance that--
    (1) Specifies the technical assistance services and products to be 
provided and the method that will be used to deliver the technical 
assistance services and products. The methods of technical assistance 
must be based upon the needs identified in the individual technical 
assistance plans, and include, but not be limited to, identification 
and use of external, specialized consultants to serve the project 
throughout the project period, and networking among projects to 
encourage peer support and problem solving; and
    (2) Considers the varying needs over the life of the project, from 
preliminary stakeholder involvement and State support for the study to 
dissemination and utilization of study results;
    (c) Include services and products based on--
    (1) An analysis of technical assistance needs of each State 
evaluation project;
    (2) Relevant State evaluation project information such as project 
proposals and negotiation materials;
    (3) An analysis and syntheses of cross-project needs; and
    (4) An analysis of the Department's need for information relevant 
to policy making;
    (d) Arrange for the delivery of the technical assistance;
    (e) Develop and disseminate technical assistance products;
    (f) Disseminate cross-project dissemination products;
    (g) Facilitate networking among projects and technical assistance 
providers;
    (h) Conduct large and small group meetings to deliver technical 
assistance;
    (i) Develop a technical assistance philosophy that is based upon 
consideration of--
    (1) The environment in which State agencies are operating and the 
challenges in conducting evaluation studies in those environments; and
    (2) The need of the Department for valid and supportable study 
results in order to provide Congress with information for policy 
making; and
    (j) Develop and implement an evaluation plan that addresses the 
effects of the center's activities related to its impact on audiences 
having direct contact with Center products, information, and 
activities, as well as its impact on the capacity of State agencies to 
evaluate the impact of special education programs and services.

Absolute Priority 2--State and Local Education Efforts to Implement the 
Transition Requirements in the Individuals With Disabilities Education 
Act

Background:

    Despite the progress and accomplishments related to implementation 
of the Individuals with Disabilities Education Act (IDEA) over the last 
several years, much remains to be done to improve the outcomes of youth 
with disabilities. Expanded transition services, now mandated by IDEA, 
highlight the importance of individualized planning and implementation 
of specific activities targeted to adolescents, to focus educators' 
attention on outcomes and the preparedness of youth to assume 
productive adult lives.
    IDEA provides for a number of specific activities that are defined 
as transition services. These services are to be made available to all 
students age 16 and older, and may be extended to students age 14 or 
younger, if appropriate. Transition services are defined in IDEA as a 
coordinated set of activities for a student, designed within an 
outcome-oriented process, that promotes movement from school to post-
school activities, including post-secondary education, vocational 
training, integrated employment (including supported employment), 
continuing and adult education, adult services, independent living, or 
community participation. The coordinated set of activities must be 
based on the individual student's needs, taking into account the 
student's preferences and interests, and must include instruction, 
community experiences, the development of employment and other post-
school adult living objectives, and, if appropriate, acquisition of 
daily living skills and functional vocational evaluation (20 U.S.C. 
1401(a)(19)).
    There is considerable State and local variation with respect to the 
implementation of these expanded requirements. Very little information 
exists on the nature and extent of State and local implementation, 
including policies, procedures, and practices. Moreover, policymakers, 
administrators, and educators at the Federal, State, and local levels 
lack information regarding the nature of student participation and the 
impact these services have on student outcomes; the extent other 
agencies are involved in the transition process; and the degree 
transition services access and use information and services available 
from a variety of Federal programs.
    This priority would support one cooperative agreement to study the 
progress being made to implement the transition services mandated by 
IDEA. The specific goals of the research are to describe Federal, 
State, and local implementation, including policies, procedures, and 
practices associated with transition services; to identify barriers to 
effective implementation; and to evaluate the impact of transition 
services on student outcomes.

Priority:

    (a) The project must include substudies (or compile extant 
information that obviates the need for a study) in the following areas:
    (1) The range and variation in State and local policies related to 
the definitional components of transition services;
    (2) Student participation in transition planning, and student 
outcomes associated with implementation of transition services;
    (3) State and local policies, practices and procedures related to 
the implementation of the transition services, with information 
obtained from local service providers (the substudy may include visits 
to illustrative sites);
    (4) Interagency involvement in transition planning and services, 
including a description of the impediments associated with interagency 
involvement in transition planning and provision of services; and
    (5) Federal program services (including those of the Department of 
Labor and the Social Security Administration) and relevant policies 
related to meeting the transition requirements, including special 
education, vocational education, rehabilitation services, adult 
education, postsecondary education, the Job Training Partnership Act, 
and the Americans with Disabilities Act.
    (b) In planning and implementing the substudies, the project must 
include appropriate policymakers, administrators, and service providers 
involved in the design and delivery of transition services to youth 
with disabilities.
    (c) The project must submit for approval--(1) A plan for conducting 
the substudies and disseminating reports within 60 days of the start of 
the project;
    (2) A report for substudy (1) by the end of year one;
    (3) Reports for substudies (2), (3), and (4) by the end of year 
two;
    (4) A report for substudy (5) by the middle of year 3; and
    (5) A final report at the end of year three. The final report must 
include the following: An executive summary, introduction, project 
objectives, methodology, findings organized by substudy, summary, and 
conclusions regarding the progress being made by State and local 
agencies to implement the IDEA transition requirements.
    The project must budget for two trips, annually, to Washington, DC, 
for (1) a two-day Research Project Directors' meeting; and (2) another 
two-day meeting to meet with the project officer of the Office of 
Special Education Programs (OSEP) and with other OSEP work groups, as 
appropriate, to plan and review project activities and progress.

APPLICABLE PROGRAM REGULATIONS: 34 CFR part 327. See in particular 
Sec. 327.2(a) for eligible applicants under Sec. 327.10(a) and the 
technical assistance program described in Sec. 327.10(d).

    Program Authority: 20 U.S.C. 1418.

(Catalog of Federal Domestic Assistance Number 84.159, Special 
Studies Program)

    Dated: January 13, 1994.
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 94-1397 Filed 1-19-94; 8:45 am]
BILLING CODE 4000-01-P