[Federal Register Volume 59, Number 109 (Wednesday, June 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13930]
[[Page Unknown]]
[Federal Register: June 8, 1994]
_______________________________________________________________________
Part II
Department of Education
_______________________________________________________________________
National Institute on Disability and Rehabilitation Research; Notice
DEPARTMENT OF EDUCATION
National Institute on Disability and Rehabilitation Research
AGENCY: Department of Education.
ACTION: Notice of final funding priorities for fiscal years 1994-1995
for the Knowledge Dissemination and Utilization Program.
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SUMMARY: The Secretary announces funding priorities for the Knowledge
Dissemination and Utilization (D&U) Program under the National
Institute on Disability and Rehabilitation Research (NIDRR) for fiscal
years 1994-1995. The Secretary takes this action to ensure that
rehabilitation knowledge generated from projects and centers funded by
NIDRR and others is utilized fully to improve the lives of individuals
with disabilities and their families.
EFFECTIVE DATE: These priorities takes effect either 45 days after
publication in the Federal Register or later if 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: David Esquith, U.S. Department of
Education, 400 Maryland Avenue SW., room 3424, Switzer Building,
Washington, DC 20202-2601. Telephone: (202) 205-8801.
SUPPLEMENTARY INFORMATION: This notice contains six priorities under
the D&U program. These priorities would train persons with rights and
duties under the Americans with Disabilities Act (ADA). The six
priority areas are: (1) Independent living centers; (2) family
organizations; (3) school districts; (4) State and local ADA
coordinators and policymakers; (5) Hispanics with rights and duties
under the ADA whose proficiency in English is limited; and (6)
standards for accessible design.
Authority for the D&U program of NIDRR is contained in sections 202
and 204(a) and 204(b)(6) of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 760-762). Under this program the Secretary makes awards to
public and private organizations, including institutions of higher
education and Indian tribes or tribal organizations.
These priorities support the National Education Goals. National
Education Goal 6 provides that by the year 2000 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.
Under the regulations for this program (see 34 CFR 355.32), the
Secretary may establish research priorities by reserving funds to
support particular research activities.
NIDRR is in the process of developing a revised long-range plan.
The priorities in this notice are consistent with the long-range
planning process.
On April 6, 1994 the Secretary published a notice of proposed
priorities in the Federal Register at (59 FR 16486). The Department of
Education received 18 letters commenting on the proposed priorities.
Modifications were made to the priorities as a result of those
comments. The comments, and the Secretary's responses to them, are
discussed in an appendix to this notice.
Note: This notice of final priorities does not solicit
applications. A notice inviting applications under these competition
is published in a separate notice in this issue of the Federal
Register.
General
Unless indicated otherwise in the priority, the following
requirements apply to the training projects:
Applicants for the training projects must identify the target
groups and organizations that will be selected for training as
specified in each of the priorities and describe in detail how the
project will schedule and provide training during national, regional,
State, or local conferences and meetings of the selected organizations.
Applicants must demonstrate knowledge of the extent to which the target
groups and organizations have received prior training on the ADA.
Applicants for training projects must describe how the project will
provide persons with all types of disabilities an equal opportunity to
receive training. Applicants for training projects must describe how
the project will utilize a variety of training methods and deliver
training in formats and styles that are accessible to individuals with
a range of sensory, communication, cognitive, and learning
disabilities.
Applicants for training projects must describe the training
materials that the project will develop as well as identify existing
training materials that the project will use.
Applicants must establish a timetable for beginning training
activities and demonstrate that key staff and facilities will be
available in order to achieve a comprehensive nationwide program within
the period of the project.
Applicants for the training projects who propose to use
subcontractors must demonstrate that it is cost-effective and describe
how the applicant will directly supervise the subcontractors (see 34
CFR 75.701).
The training project must consult with each of NIDRR's regional
Disability and Business Technical Assistance Centers (DBTACs) during
the development of its schedule of training activities. To the maximum
extent feasible, the training project must conduct its training
activities in collaboration with each of the DBTACs.
The training project (except Priority 6: Standards for Accessible
Design) must develop two schedules of regional training activities. The
first schedule of training activities must be finalized and training
must begin within six months after the award of the grant. The second
schedule must be finalized within eighteen months after the award of
the grant. The training project must carry out its training activities
as equitably as possible across and within each region of the country.
The training project must have a staff with expertise on the ADA
and training and carry out its training activities using those staff
persons.
The training project must include individuals with disabilities or
their family members or representatives to the maximum extent possible
in all phases of the project's activities.
The training project must submit final drafts of the training
materials it produces to NIDRR for review of their legal sufficiency.
(NIDRR estimates it will take between two and four weeks to review
materials for legal sufficiency depending upon their length and
complexity.) The training project must submit monthly status reports on
its training activities through NIDRR's ADA Technical Assistance
Coordination Contract to NIDRR. Each training project must submit its
final report to the National Rehabilitation Information Center
clearinghouse.
The training project must cooperate with other Federal agencies
that provide technical assistance and training on the ADA, such as the
Equal Employment Opportunity Commission (EEOC), the Department of
Justice (DOJ), and the Architectural and Transportation Barriers
Compliance Board (ATBCB).
Priority
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 this program only applications that meet
these absolute priorities:
Priorities--Americans With Disabilities Act Training Projects
Background
Public Law 101-336, the Americans with Disabilities Act (ADA),
which was enacted on July 26, 1990, prohibits discrimination against
individuals with disabilities in employment, public accommodations,
transportation, State and local government services, and
telecommunications. In 1991 NIDRR established an ADA technical
assistance program made up of ten regional Disability and Business
Technical Assistance Centers (DBTACs--previously, Disability and
Business Accommodation Centers), two national training projects, three
materials development projects, and an ADA technical assistance
coordination contract. The two national training projects addressed the
needs of persons affiliated with independent living centers and peer
and family networks. These training projects, which were awarded for
three years, will complete their activities in fiscal year (FY) 1994.
For FY 1994, Congress provided NIDRR with additional funding, which
it directed be used ``for training activities related to the
implementation of the Americans with Disabilities Act'' (1994 Senate
Appropriations Committee Report, p. 207). In accordance with this
congressional directive, NIDRR proposes to establish six new training
projects that will be supported by the additional funding that Congress
provided as well as by existing NIDRR funds. The training projects will
enhance the capacity of those with rights and duties under the ADA to
facilitate its implementation.
NIDRR has consulted with a range of relevant Federal agencies,
including, but not limited to, DOJ, EEOC, the Architectural and
Transportation Barriers Compliance Board (ATBCB), the Department of
Transportation, and the National Council on Disability, as well as
representatives from disability organizations, to develop responsive
and meaningful training projects that will complement the planned
efforts of other public and private agencies. These priorities were
developed on the basis of these consultations and relevant information
from NIDRR projects, including the ADA technical assistance projects.
NIDRR intends to continue to coordinate activities under this program
with other Federal agencies and with other public and private
initiatives to implement the ADA.
Priority 1: ADA Training for Independent Living Centers
Background
The more than 400 Independent Living Centers (ILCs) in the United
States emphasize consumer control and peer services. These ILCs have a
strong incentive to promote the successful implementation of the ADA.
ILCs serve as resources not only to individuals with disabilities in
their communities, but also to individuals and entities with
responsibilities under the Act.
Preliminary results from a survey conducted by the Independent
Living Research Utilization Program (ILRU) of persons associated with
ILCs from around the country indicate that knowledge concerning
specific sections of the ADA is not high, even among persons who have a
direct interest in effective ADA implementation. Initial analysis of
these data suggests that a lack of training opportunities and high
turnover among the staff who are trained are factors in the current
level of knowledge of persons associated with ILCs.
Some ILCs have had opportunities to participate in ADA training
activities sponsored by Federal agencies, and many ILCs have developed
into sophisticated community resources on the ADA. Training projects
for the ILCs have generally taken the form of an ILC sending a
representative to attend an intensive ADA training session over a
number of days. This approach has some limitations in terms of impact
due to the high turnover of ILC staff and multiple or shifting work
responsibilities in the ILC.
Other ILCs, due in large part to their size or location, have not
had ADA training opportunities sponsored by Federal agencies. This
group of ILCs is the primary target audience for this training project.
The secondary target group for the training project is composed of
those ILCs who have lost their ADA-trained staff person. The project is
intended to enable both of these groups of ILCs to become experts on
the ADA so that their staff, associates and volunteers can answer
technical questions, advise individuals on their rights or
responsibilities, make referrals, increase awareness of the ADA in
their community, and conduct ADA training activities for covered
entities in their community.
Priority
An ADA training project for ILCs shall--
Identify and select for training ILCs that have either not
received training from a NIDRR, EEOC, or DOJ ADA project, or lost their
staff representative who was trained by a NIDRR, EEOC, or DOJ project;
Develop a strategy and schedule for training as many of
these ILCs as possible using a variety of approaches, including, but
not limited to, on-site training, national, regional, State, and local
meetings, teleconferences, and audioconferences;
Utilizing existing federally-approved materials to the
maximum extent appropriate, develop an array of training materials and
activities that vary in length and content in order to accommodate the
information and scheduling needs of selected organizations;
Provide training to staff, associates, and volunteers from
each selected ILC in order to enable them to answer technical questions
on the ADA, advise individuals or entities on their rights or
responsibilities, make referrals, increase awareness of the ADA in
their community, and conduct ADA training activities for covered
entities in their community;
To the maximum extent possible, utilize as trainers those
individuals with disabilities who are from the same approximate area of
the country as the selected ILC and who have been trained as trainers
on the ADA by a NIDRR, EEOC, or DOJ technical assistance or training
project; and
For the length of the project, provide selected ILCs with
quarterly ADA information updates, before and after training, regarding
legal and policy developments.
Priority 2: ADA Training for Family Organizations
Background
The National Rehabilitation Information Center (NARIC) publishes a
National Directory of Information Sources on Disability that includes
information on many (but not all) organizations serving the disability
community. According to the NARIC staff who are updating this
directory, there are a minimum of 411 organizations providing
information or direct services to individuals with disabilities and
their families. These organizations disseminate information through
national, State, and local conferences, as well as publications such as
newsletters and brochures. They also provide training, using a variety
of means and settings, to their professional staff as well as to their
membership.
According to representatives of disability organizations, the
extent to which national disability organizations, as well as their
State and local affiliate organizations, have provided training or
information to their members about the ADA varies according to the
primary mission of the organization (e.g., provision of services or
advocacy), resources available to the organization, and the interest of
the membership and its leaders. As a result, knowledge about the ADA
among these organizations can vary widely from one organization to
another as well as from one affiliate to another within the same
organization.
The purpose of this priority is to provide training on the ADA to
persons who are members or staff of disability organizations that
provide services and information primarily to individuals with
disabilities and their families by utilizing the existing training and
information systems of these organizations.
Priority
An ADA training project for family organizations shall--
Placing special emphasis on those organizations that have
had limited access to ADA training and information, identify and select
for training a range of disability organizations that provide services
and information primarily to individuals with disabilities and their
families, including those organizations focused on developmental,
cognitive, emotional, physical, or sensory disabilities;
Develop a strategy and schedule for training the
membership and staff of these organizations using a variety of
approaches including, but not limited to, on-site training, national,
regional, State, and local meetings, teleconferences, and
audioconferences;
Utilizing existing Federally approved materials to the
maximum extent appropriate, develop an array of training materials and
activities that vary in length and content in order to accommodate the
information and scheduling needs of selected organizations;
Provide training to the membership and staff of selected
organizations on the provisions of the ADA and the resources available
to them to facilitate the implementation of the ADA;
To the maximum extent possible, utilize as trainers those
individuals with disabilities who have been trained as trainers on the
ADA by a NIDRR, EEOC, or DOJ technical assistance or training project;
and
For the length of the project, provide selected
organizations with quarterly ADA information updates, before and after
training, regarding legal and policy developments.
Priority 3: ADA Training for School Districts
Background
There are 15,173 regular school districts in the United States
according to the U.S. Department of Education National Center for
Education Statistics (1993 Digest of Education Statistics in the United
States). These school districts are covered under Title II of the ADA.
Title II of the ADA prohibits discrimination on the basis of disability
in all services, programs, and activities of State and local
governments. The Office for Civil Rights within the U.S. Department of
Education (OCR/ED) has been designated to enforce Title II in public
elementary and secondary educational systems and institutions, public
institutions of higher education and vocational education (other than
schools of medicine, dentistry, nursing, and other health-related
schools) and public libraries.
Title II covers three major categories of programs or activities:
employment; activities involving general public contact as part of an
entity's ongoing operation (e.g., telephone contacts, office walk-ins,
interviews, and public use of the facilities); and activities or
programs directly administered by the entity for program beneficiaries
and participants (e.g., programs that provide State or local government
services or benefits).
School districts that have received Federal funds have been covered
by Section 504 of the Rehabilitation Act since 1973. Title II is
patterned after Section 504, and many school districts need information
and training to understand not only their responsibilities under the
ADA, but also the relationship of Section 504 to the ADA. OCR/ED and
NIDRR cooperated in producing a self-evaluation guide for school
districts that includes information addressing the relationship between
Section 504 and the ADA.
One of the primary purposes of this training project will be to
assist school districts to conduct their self-evaluations with this new
self-evaluation guide and implement their plans to comply with the ADA.
As part of this process, the project will enable trainees to understand
not only their responsibilities under the ADA, but also the
relationship of Section 504 to the ADA. The project will place special
emphasis on school districts where a majority of the students are from
minority backgrounds because of their limited access to outside
training opportunities. The project will train selected educational
organizations whose members have responsibility for complying with the
ADA in school districts (e.g., superintendents, principals, special
education directors, school boards, etc.), as well as staff from
selected individual school districts.
Applicants may receive an outline of the guide by contacting David
Esquith at (202) 205-8801. Individuals who use a telecommunications
device for the deaf (TDD) may call the TDD number at (202) 205-5516.
Priority
An ADA training project for school districts shall--
Placing special emphasis on school districts where a
majority of the students are from minority backgrounds, identify and
select for direct training a range of school districts, equitably
distributed throughout the country, including those from urban, rural,
and suburban areas;
Identify and select for training the membership and staff
of educational organizations whose members have responsibility for
complying with the ADA in school districts;
Develop a strategy and a schedule for directly training
school districts as well as the members and staff of selected
organizations using a variety of approaches including, but not limited
to, on-site training, national, regional, State, and local meetings,
teleconferences, and audioconferences;
Utilizing the OCR/ED self-evaluation guide and other
existing federally-approved materials to the maximum extent
appropriate, develop an array of training materials and activities that
vary in length and content in order to accommodate the information and
scheduling needs of selected school districts and organizations;
Provide training to selected school districts and
organizations on updating or conducting self-evaluations using the new
guide, understanding the responsibilities of school districts under the
ADA, implementing changes to comply with the ADA, and the resources
available to them to facilitate the implementation of the ADA;
To the maximum extent possible, utilize as trainers those
individuals with disabilities who have been trained as trainers on the
ADA by NIDRR, EEOC, or DOJ technical assistance or training project;
For the length of the project, provide selected school
districts and organizations with quarterly ADA information updates,
before and after training, regarding legal and policy developments; and
Coordinate training activities with the regional offices
of OCR/ED.
Priority 4: ADA Training for State and Local ADA Coordinators and
Policymakers
Background
Governors, mayors, city managers, city planners, county boards,
agency directors, and other State and local government officials bear
responsibility for ensuring compliance with Title II of the ADA. In
addition, Sec. 35.107 of the ADA regulations (28 CFR part 35) requires
that a public entity that employs 50 or more persons shall designate at
least one employee to coordinate its efforts to comply with the ADA,
including investigation of any complaint alleging its noncompliance or
alleging any prohibited actions. Such persons are frequently identified
as ``ADA Coordinators'' by State or local governments. According to the
most recent (1987) report of the U.S. Census Bureau, there are
approximately 7,665 counties, municipalities, and townships that have
50 or more full-time employees.
Title II requires public entities to evaluate their current
services, policies, and practices to identify and correct any that are
not consistent with the requirements of Title II. State and local ADA
Coordinators and government policymakers are responsible for ensuring
that the self-evaluations are carried out. To ensure that these self-
evaluations are appropriately carried out and the necessary changes
made, State and local ADA Coordinators and government policymakers need
information and training about the requirements of the ADA and policy
developments in the field.
Priority
An ADA training project for State and local ADA coordinators and
policymakers shall--
Identify and select for direct training State and local
ADA coordinators and government policymakers from every Federal Region
of the country, including those from urban, rural, and suburban areas,
and ensuring the broad representation of local governments where a
majority of the citizens are from minority backgrounds;
Identify and select for training organizations whose
members are policymakers in State and local government with
responsibilities for complying with the ADA;
Develop a strategy and a schedule for directly training
State and local ADA coordinators and policymakers as well as the
membership and staff of selected organizations using a variety of
approaches including, but not limited to, on-site training, national,
regional, State, and local meetings, teleconferences, and
audioconferences;
Utilizing existing federally-approved materials to the
maximum extent appropriate, develop an array of training materials and
activities that vary in length and content in order to accommodate the
information and scheduling needs of selected coordinators and
organizations;
Provide training to selected State and local ADA
coordinators, policymakers and members of organizations on the
responsibilities of State and local governments under Title II of the
ADA and in order to assist State and local governments to undertake
their self-evaluation plans and make the changes needed to comply with
the ADA;
To the maximum extent possible, utilize as trainers those
individuals with disabilities who have been trained as trainers by a
NIDRR, EEOC, or DOJ technical assistance or training project;
For the length of the project provide selected
coordinators, policymakers and organizations with quarterly ADA
information updates, before and after training, regarding legal and
policy developments.
Priority 5: ADA Training for Hispanics With Rights and Duties Under the
ADA Whose Proficiency in English Is Limited
Background
The Hispanic population in the U.S. totals approximately 22 million
people, or 9.0 percent of the population. By the year 2010, the
Hispanic population is expected to become the second- largest racial/
ethnic group (National Council of La Raza Census Information Center,
Hispanic Population Factsheet, November 1993).
There are approximately 3,343,000 persons of Hispanic origin with a
disability. In other words, one out of every fifteen Americans with a
disability is Hispanic (McNeil, Americans with Disabilities: 1991-1992,
Current Population Reports, U.S. Bureau of the Census, 1993).
In 1990, 17.4 million persons reported that they spoke Spanish at
home. Of these persons, 8.3 million persons, or 50.8 percent, reported
that they do not speak English ``very well'' (U.S. Census Bureau,
Language Spoken at Home and Ability to Speak English for U.S. Regions
and States, 1993).
Hispanics with disabilities whose proficiency in English is
limited, as well as Hispanic business owners and service providers
whose proficiency in English is limited, need to understand the
requirements of the ADA. Federal agencies have made a number of their
ADA publications available in Spanish, and NIDRR has piloted an effort
with its Region 6 Southwest DBTAC to provide training and technical
assistance to persons in the Spanish-speaking community. This pilot
project has included the publication of additional documents in Spanish
as well as efforts to provide popular Hispanic media with information
about the ADA that is sensitive to cultural norms regarding disability.
While these efforts have made certain ADA materials and technical
assistance available to persons whose proficiency in English is
limited, more needs to be done.
Reaching a target population that is broadly dispersed and as
diverse as Hispanics whose proficiency in English is limited is
particularly challenging. The Hispanic population includes people from
different cultural backgrounds and different countries and regions of
the world, such as Mexico (63.6 percent), Puerto Rico (10.6 percent),
Cuba (4.7 percent), and Central and South America (14.0 percent)
(National Council of La Raza Census Information Center, Hispanic
Population Factsheet, November 1993). For the purposes of this
priority, ``Hispanics whose proficiency in English is limited''
includes all persons from those countries and regions listed above who
do not speak English very well, if at all.
In order to reach as wide an audience as possible a training
project must collaborate with Hispanic organizations that currently
provide training and information to their members. It must also utilize
TV, radio, and print media that are popular in the targeted Hispanic
community. Applicants for this project must demonstrate Spanish
fluency, knowledge, cultural understanding, and experience in providing
training and technical assistance to Hispanic organizations and
individuals. Applicants must recruit Hispanic community leaders to
participate as trainees in the project. Applicants must also include a
substantial number of Hispanic individuals with disabilities in all
phases of the project's activities.
Priority
An ADA training project for Hispanics with right or duties under
the ADA whose proficiency in English is limited shall--
Identify and select for training organizations that
provide services and information to Hispanics with rights and duties
under the ADA whose proficiency in English is limited;
Develop a strategy and a schedule for training the members
and staff of selected organizations using a variety of approaches
including, but not limited to, on-site training, national, regional,
State, and local meetings, teleconferences, and audioconferences;
Utilizing existing federally-approved materials to the
maximum extent appropriate, develop an array of training materials and
activities that vary in length and content in order to accommodate the
information and scheduling needs of selected organizations;
Provide training to the members and staff of selected
organizations on the provisions of the ADA and the resources available
to them to facilitate the implementation of the ADA;
To the maximum extent possible, utilize as trainers those
individuals with disabilities who have been trained as trainers on the
ADA by a NIDRR, EEOC, or DOJ technical assistance or training project;
For the length of the project, provide selected
organizations with quarterly ADA information updates, before and after
training, regarding legal and policy developments; and
Provide information about the ADA and technical assistance
resources in areas with high concentrations of persons who are Spanish-
speaking utilizing popular mass media such as local Hispanic TV and
radio programming as well as Spanish print media.
Priority 6: ADA Training on Standards for Accessible Design
Background
Titles II and III of the ADA require that new governmental and
commercial facilities be built in an accessible manner and require
that, when existing governmental or commercial facilities are renovated
or otherwise altered, the alterations be made in an accessible manner.
In their regulations implementing Titles II and III of the ADA, the
U.S. Department of Justice (DOJ) and the U.S. Department of
Transportation (DOT) adopted Standards for Accessible Design for
purposes of enforcing the ADA's non-discrimination requirements in the
built environment. For commercial facilities and public transportation
facilities, they adopted the ADA Accessibility Guidelines for Buildings
and Facilities (ADAAG), developed by the Architectural and
Transportation Barriers Compliance Board. For government facilities
other than transportation facilities covered by DOT, DOJ currently
permits the use of either the Uniform Federal Accessibility Standards
or ADAAG as the ``Standards for Accessible Design.''
These Standards must be followed in new construction and alteration
projects. They also serve as a guide for public accommodations
undertaking to remove barriers in inaccessible existing facilities, as
required under Title III. These Standards are complex and made up of
scoping and technical provisions that contain many discrete
requirements and necessitate referencing other technical provisions in
order to make an element or space accessible.
NIDRR proposes a project to develop a series of audio/visual and
complementary training materials on the Standards for Accessible Design
that can be used across the country at the local level. Local
organizations whose members include individuals with disabilities,
business owners, building managers, employers, government agency
officials, city planners, architects, designers, or other relevant
parties need access to reliable materials that explain the ADA
Standards. NIDRR proposes to develop this series of materials in short
discrete segments that could be used in meetings normally scheduled by
professional or business organizations such as local chapters of the
American Institute of Architects, local Chambers of Commerce, and other
groups. These materials could also be used by the DBTACs in carrying
out ADA training activities.
Applicants must demonstrate knowledge, understanding, and
experience in the following areas: In-depth knowledge of the ADA
Standards for Accessible Design; thorough understanding of the
rationale(s) underlying the Standards; understanding of the ways in
which individuals with disabilities use, or are unable to use, the
built environment; experience in the development and dissemination of
educational videos; and experience in using innovative and engaging
video techniques such as animation and fade-ins or transformations from
actual scenes to diagrammatic or conceptual material. Samples of an
applicant's recent relevant work, including the use of animation or
other innovative video techniques and the development of training
materials related to the ADA Standards or training materials on
accessible design, must be submitted with the application.
Based on the estimated size of the award that will be published in
the notice inviting applications, applicants may propose to cover some,
but not all of the topics. Applicants must propose an order of
production of the videos and identify the topics that will be addressed
in each video. Applicants must justify their order of production, based
on the importance of the topic. Applicants must propose to group topics
on each of the videos and explain the rationale for the groupings.
Priority
An ADA training project on the ADA Standards for Accessible Design
shall--
Develop, test, and disseminate a series of short,
broadcast quality videos and complementary training materials that
address the technical and scoping requirements of the ADA Standards for
Accessible Design. These materials shall cover as many of the following
topics as possible (emphasis added) as set out in the current Standards
as well as new provisions that will be adopted: New construction;
additions, alterations, and path of travel; historic buildings; parking
and passenger loading zones; exterior accessible routes and curb ramps;
drinking fountains; telephones and TDDs; ramps and stairs; platform
lifts; entrances and exits (areas of rescue assistance); doors and
gates; building lobbies and corridors (interior accessible routes);
elevators; rooms and spaces; assembly areas; toilet rooms and
bathrooms; bathtubs and showers; dressing and fitting rooms; signage;
alarms; detectable warnings; automated teller machines; restaurants and
cafeterias; medical care facilities; mercantile facilities; libraries;
hotels, motels, inns, boarding houses, dormitories, and similar places;
homeless shelters, halfway houses, transient group homes, and similar
social services establishments; bus stops; fixed transportation
facilities, bus and train terminals and stations; and airports. The
project shall address the requirements of the standards from a
Universal Design perspective;
Illustrate how people with disabilities use the built
environment and the rationale that underlies specific technical and
scoping provisions of the Standards and how discrete provisions in the
Standards fit together with each other to ensure accessibility:
Use innovative techniques, including animation, fade-ins
or transformations to transition from footage showing a person using a
space or element to footage showing design layouts and diagrams from
the Standards relevant to that kind of space or element;
Utilizing, as much as possible, materials that have been
developed by Federal agencies, develop readily reproducible
complementary training materials in conjunction with each video to
supplement the video materials and to provide guidance on using the
videos effectively;
Identify organizations whose members include individuals
with disabilities, business owners, building managers, employers,
government agency officials, city planners, architects, designers, and
other relevant parties who would be an appropriate audience for the
videos;
Develop and implement a plan to disseminate the videos and
complementary training materials to selected organizations;
Produce the first video and complementary training
material of the series within six months of the grant award;
Coordinate with the Department of Justice, the Access
Board, and the Department of Transportation in the development and
dissemination of the videos and complementary training materials;
Ensure that the training videos and complementary training
material are available in formats that accommodate persons with hearing
impairments and vision impairments;
Provide four one-inch NCSC standard fully mixed and open
captioned edited master video tapes, including two master tapes and two
safety dub tapes suitable for duplication, and four copies on VHS
cassettes of each videotape produced, along with four reproducible
copies of each set of complementary training materials to NIDRR for use
by the Federal government.
Applicable Program Regulations: 34 CFR parts 350 and 355.
Program Authority: 29 U.S.C. 760-762.
Dated: June 3, 1994.
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services.
(Catalog of Federal Domestic Assistance Number 84.133D, Knowledge
Dissemination and Utilization Program)
Appendix--Analysis of Comments and Changes
The Department received 18 letters in response to the notice of
proposed priorities. This Appendix contains an analysis of the comments
and of the changes in the priorities since the publication of the
notice of proposed priorities. Technical and other minor changes--and
suggested changes the Secretary is not legally authorized to make under
applicable statutory authority--are not addressed.
Priority 1: ADA Training for Independent Living Centers
Comment: One commenter suggested requiring ILC personnel to
disseminate information on the ADA to American Indian rehabilitation
organizations and tribal councils on reservations and Alaska Native
villages.
Discussion: The priority does not specify the activities of any ILC
that receives training from this project. The Background statement to
Priority 1 states that the project is intended to enable ILCs ``to
become experts on the ADA so that their staff, associates and
volunteers can answer technical questions, advise individuals on their
rights or responsibilities, make referrals, increase awareness of the
ADA in their community, and conduct ADA training activities for covered
entities in their community.'' The Secretary believes that specifying
the follow-up activities that an ILC undertakes once it has received
ADA training from this training project is outside the scope of the
priority and should be left to the discretion of the ILC. However, the
Secretary expects that any ILC that receives training from this project
and that is part of a community that includes American Indians and
Alaska Natives will disseminate information on the ADA to these
individuals.
Changes: None.
Comment: One commenter suggested requiring training to be directed
to key personnel who would be less inclined to leave the organization
in order to address the issue of staff turnover.
Discussion: In order to address the issue of staff turnover, the
priority requires the training project to train a number of persons
affiliated with an ILC, including staff, associates, and volunteers.
The Secretary does not believe it is feasible to identify which staff
are less likely to leave an ILC.
Changes: None.
Priority 2: ADA Training for Family Organizations
Comment: One commenter was concerned about the Background statement
reference to The National Rehabilitation Information Centers's
Directory of Information Sources on Disability because the directory
does not provide information on organizations that provide
rehabilitation services on reservations and to Alaska Natives.
Discussion: The reference to the Directory of Information Sources
was intended solely to illustrate the approximate number of
organizations providing information or direct services to individuals
with disabilities and their families. The Secretary wishes to clarify
that this reference does not place any limit on the organizations that
an applicant may propose to include in their application.
Changes: The Background statement has been revised to indicate that
the Directory includes many (but not all) organizations serving the
disability community.
Comment: Four commenters suggested that Parent Training and
Information programs (PTIs) be included in the list of target audiences
for the training.
Discussion: The Secretary recognizes that PTIs are a potential
target audience for the training. The Secretary points out that the
priority does not include the name of any organization or program. The
Secretary does not believe it is appropriate to identify one program or
organization by name in the priority.
Changes: None.
Comment: One commenter suggested that the priority be revised to
include national meetings as potential training forums.
Discussion: The general requirements for all the training projects
indicate that the projects will schedule and provide training during
national, regional, State and local meetings. The Secretary agrees that
national meetings should be included in the specific requirement
regarding training forums in order to be consistent.
Changes: The specific requirement on training forums (in this
priority as well as Priorities 1, 3, 4, and 5) have been revised to
include national meetings.
Comment: One commenter was concerned about placing special emphasis
on those organizations that have had limited access to ADA training and
information. The commenter indicated that members of family
organizations who have received some training or information on the ADA
may have a need for further training or information.
Discussion: The Secretary agrees that members of family
organizations have a need for continuing ADA training and information.
The Secretary believes that the requirement cited above does not
prohibit applicants from proposing to include organizations that have
had some ADA training as well as those that have had no training or
access to ADA information.
Changes: None.
Comment: One commenter suggested that conventional training methods
(e.g., lecture) are not effective with members of family organizations
and should be discouraged in favor of experiential approaches.
Discussion: The Secretary believes that all the training projects
must tailor their methods to the learning styles of their audiences.
The Secretary points out that applicants for all of the projects must
describe how the project will utilize a variety of training methods.
The Secretary believes that applicants should be given the discretion
to propose the training methods that they think would be most
effective.
Changes: None.
Comment: One commenter suggested that selection criteria for
Priority 2 be revised to require that the grantee be an organization
that has made a commitment as an institution to the principles embodied
in the ADA, has established a presence in all regions of the country,
and represents the interests of people with a full range of
disabilities.
Discussion: The Secretary does not believe that additional
selection criteria are necessary in order to ensure that the grantee
for the family organization training project accomplishes the purposes
of the project.
Changes: None.
Priority 3: ADA Training for School Districts
Comment: One commenter stated that postsecondary vocational
educational institutions need training and information to understand
the relationship between the ADA and Section 504 and that many of these
institutions are not part of school districts. The commenter suggested
expanding Priority 3 to include postsecondary vocational technical
institutions that are not part of school districts.
Discussion: The Secretary agrees that postsecondary vocational
technical institutions need ADA training and information, and NIDRR
will consider issuing an ADA-related research priority regarding adult
education programs. The Secretary believes that expanding this training
project to include educational institutions that are not a part of
school districts is outside the scope of this project.
Changes: None.
Comment: One commenter noted the reference to the OCR/ED guide and
asked about its status.
Discussion: The OCR/ED guide is in the final stages of production
at this time. The Secretary recognizes that applicants for this
training project will want as much information as possible about the
content of the guide. Upon request, NIDRR will make an outline of the
guide available to all interested parties.
Changes: The background statement of the priority has been amended
to inform interested parties how to obtain a copy of an outline of the
guide.
Comment: One commenter suggested providing ADA training to BIA-
funded schools on reservations.
Discussion: The Secretary believes that applicants should be given
the discretion to propose the school districts that will be selected
for training.
Changes: None.
Priority 4: ADA Training for State and Local ADA Coordinators and
Policymakers
Comment: One commenter suggested providing ADA training to American
Indians and Alaska Native Councils.
Discussion: The Secretary believes that applicants should be given
the discretion to propose the State and local ADA coordinators and
policymakers that will be selected for training.
Changes: None.
Comment: One commenter was concerned that the requirement to
identify and select State and local ADA coordinators implied that not
all State and local ADA coordinators and policymakers would participate
in the training project. The commenter suggested requiring the project
to impose a registration fee for all training attendees or scheduling
the training over an extended period of time until as many officials as
possible would have participated in the training project.
Discussion: The Secretary recognizes that strategies such as
charging a reasonable registration fee and acquiring matching funds
from cooperating agencies are permissible means for a project to
increase its number of trainees. The Secretary believes that applicants
should have the discretion to propose such strategies and elects not to
dictate the strategies to be used.
The Secretary also recognizes that for this training project, as
well as for the other training projects, the size and the length of the
award will limit the project's ability to train all of the potential
target audience.
Changes: None.
Comments: One commenter suggested that the training project form an
association of ADA Coordinators and policymakers in order to promote
the sharing of information and uniform policies at the local and State
level.
Discussion: The Secretary believes that the formation of an
association of ADA Coordinators and policymakers is outside of the
scope of this priority.
Changes: None.
Priority 5: ADA Training for Hispanics With Rights and Duties Under the
ADA Whose Proficiency in English Is Limited
Comment: One commenter suggested expanding the priority to include
ADA training for American Indians, Alaska Natives, and Pacific
Islanders in their native languages.
Discussion: The Secretary believes that expanding the priority to
include ADA training for American Indians, Alaska Natives, and Pacific
Islanders is outside the scope of this priority.
Changes: None.
Comment: One commenter suggested recruiting and training Hispanic
community leaders in order to encourage participation in the training
projects.
Discussion: The Secretary agrees that the participation of
community leaders in the project is an important variable that should
be required in the priority.
Changes: The Background statement to the priority has been revised
to require applicants to recruit Hispanic community leaders to
participate as trainees in the project.
Comment: One commenter suggested requiring applicants' decision-
making personnel to be Hispanic individuals with disabilities.
Discussion: The Secretary agrees that Hispanic individuals with
disabilities should be extensively involved in the training project.
The Secretary points out that the Background statement includes a
requirement that applicants must include a substantial number of
Hispanic individuals with disabilities in all phases of the project's
activities. The Secretary does not believe that any further
requirements are necessary.
Changes: None.
Priority 6: ADA Training on Standards for Accessible Design
Comment: One commenter suggested that the proposed priority limits
the training materials to video tape and precludes the use of other
media (e.g., CD ROM) that may be attractive to some potential users.
Discussion: The Secretary believes that producing the training
materials in video tape will result in the widest possible distribution
of the information. The priority gives applicants the discretion to
propose producing the training materials in other media in addition to
video tape.
Changes: None.
Comment: One commenter suggested requiring the project to
coordinate with the Access Board in addition to the Department of
Justice and the Department of Transportation.
Discussion: The Secretary agrees that coordination with the Access
Board would be beneficial.
Changes: The priority has been revised to require the project
coordinate with the Access Board in addition to the Department of
Justice and the Department of Transportation.
Comment: One commenter suggested requiring that the video tapes and
training materials be designed in a culturally appropriate manner and
relevant to reservations, villages, and islands, and disseminated to
tribal council members and leaders of American Indians, Alaska Natives,
and Pacific Islanders.
Discussion: The Secretary believes that the video tapes and
training materials should be relevant to as wide an audience as
possible. The Secretary believes that applicants should be given the
discretion to propose the details of their dissemination plan for the
video tapes and training materials.
Changes: None.
Comment: One commenter was concerned that individuals with
cognitive disabilities are not adequately addressed in the Standards
for Accessible Design (i.e., the Uniform Federal Accessibility
Standards or the ADAAG), and, as a result, the project's video tapes
and training materials would convey the misconception that covered
entities had to fulfill their accessibility obligations under the ADA
to persons with cognitive disabilities by meeting the Standards for
Accessible Design. The commenter suggested that any training materials
developed on the Standards for Accessible Design include a focus on
issues of cognitive accessibility and give special attention to
demonstrating how to make governmental and commercial facilities
accessible to people with cognitive disabilities.
Discussion: The purpose of Priority 6 is to produce video tapes and
training materials that will increase understanding of the current
Standards for Accessible Design. The responsibility for establishing
standards for accessibility rests with the DOJ and the DOT. When the
DOJ and the DOT issue additional design standards regarding individuals
with cognitive disabilities, the Disability and Business Technical
Assistance Centers (DBTACs) will provide training and technical
assistance to covered entities on the additional standards.
Changes: None.
Comment: One commenter suggested presenting the Standards for
Accessible Design in terms that are relevant and appropriate for the
target audiences listed in the priority.
Discussion: The Secretary recognizes the importance and difficulty
inherent in producing technical training materials for a diverse
audience. The training project applications will be reviewed to
determine to what degree the training content of each application is
comprehensive and at an appropriate level as well as likely to be
effective (see 34 CFR 350.34(c)). The Secretary does not believe that
any further requirements are necessary.
Changes: None.
Comment: One commenter indicated that all of the technical and
scoping requirements are intricately related to each other, and that to
omit one or more would jeopardize the complete understanding of the
rationale underlying the Standards.
Discussion: The Secretary recognizes the problems associated with
omitting one or more of the topics in the Standards for Accessible
Design. However, the Secretary believes that the estimated size of the
award necessitates providing applicants with the option of proposing to
cover some, but not all, of the topics.
Changes: None.
General Comments:
Comment: One commenter expressed a concern regarding the
requirement that appears in the Priorities 1 through 5 that the
training projects ``To the maximum extent possible, utilize as trainers
those individuals with disabilities who have been trained as trainers
on the ADA by a NIDRR, EEOC, or DOJ technical assistance or training
project.'' The commenter expressed the concern that this requirement
would preclude qualified, non-disabled individuals from participating
as trainers in the projects.
Discussion: The Secretary wishes to clarify that the requirement
does not preclude the participation of qualified nondisabled
individuals as trainers. The requirement is intended solely to maximize
the participation of qualified individuals with disabilities.
Changes: None.
Comment: One commenter recommended deleting the requirement cited
above regarding the use of individuals as trainers who have been
trained on the ADA by NIDRR, EEOC, or DOJ from the School Districts
(Priority 3) and State and Local ADA Coordinators and Policymakers
(Priority 4). The commenter indicated that these two training projects
are highly specialized and cover material not likely to have been
addressed in the training provided to individuals trained by NIDRR,
EEOC, or DOJ.
Discussion: The Secretary recognizes the complexities of the two
referenced training projects. The Secretary believes that some of the
individuals who have been trained by NIDRR, EEOC and DOJ can serve as
trainers in these projects, and expects applicants to exercise
appropriate discretion in selecting qualified individuals.
Changes: None.
Comment: One commenter was concerned that the training projects
would not impact Indian people with disabilities and their families who
live off reservations. The commenter suggested including American
Indians and Native Alaskans as a special population in each priority.
Discussion: The Secretary recognizes that there are many
individuals from minority backgrounds, including American Indians and
Native Alaskans, who need training on the ADA. The Rehabilitation Act
Amendments of 1992 require that each applicant for a project under this
competition must demonstrate in its application how it will address the
needs of individuals from minority backgrounds who have disabilities.
The Secretary believes that applicants should be given the discretion
to identify their training audience, including those individuals from
minority backgrounds who will receive training from the project.
Changes: None.
Comment: One commenter pointed out that the general requirement on
training schedules is inconsistent with the purpose and video tape
production schedule requirements of Priority 6: Standards for
Accessible Design. The commenter suggested excepting Priority 6 from
the general requirement on training schedules.
Discussion: The Secretary agrees that an exception from the general
requirement on training schedules should be made for Priority 6.
Changes: The general requirement on training schedules has been
amended to exclude Priority 6.
Comment: One commenter suggested that, for planning purposes, the
final priority include a statement regarding the length of time NIDRR
will take to review final draft materials for legal sufficiency.
Discussion: The length of time needed to review material for legal
sufficiency will depend significantly upon the length and complexity of
the material. The Secretary agrees that an estimate of the time it will
take NIDRR to review material for legal sufficiency would assist
projects in developing their materials production and training
schedules.
Changes: The general requirements section has been amended to
indicate that NIDRR estimates it will take between two and four weeks
to review materials for legal sufficiency depending upon their length
and complexity.
Comment: One commenter suggested requiring each project to have an
evaluative research function, and a second commenter, addressing the
training needs of American Indians and Alaska Natives, questioned how
the training projects will measure the trainers' effectiveness and the
impact of the training in the community, reservations, and villages.
Discussion: The Secretary agrees that each of the training projects
should have a strong evaluation component. The evaluation plan
selection criteria for these training projects are set forth at 34 CFR
350.34 (e). The Secretary does not believe that any further
requirements are necessary.
Changes: None.
Comment: One commenter suggested that NIDRR fund a national State-
by-State assessment of the implementation of the ADA.
Discussion: The Secretary believes that understanding the impact of
the ADA is an important research topic. However, the Congress has
instructed NIDRR to support additional training to facilitate the
implementation of the ADA. These priorities are in response to that
directive.
Changes: None.
Comment: Four commenters recommended revising or omitting the
general requirement that the training projects may not rely primarily
on subcontractors to carry out training activities. These commenters
indicated that the limitation on subcontracting would limit the cost-
effectiveness of the training projects' efforts. In addition, one
commenter indicated that this limitation was inconsistent with the
requirement that the training projects, to the maximum extent possible,
utilize as trainers those individuals with disabilities who have been
trained as trainers on the ADA by a NIDRR, EEOC, or DOJ technical
assistance or training project.
Discussion: The Secretary recognizes that under some circumstances
subcontracting is a cost-effective strategy. However, experience has
shown that an over-reliance on subcontracting may contribute to quality
control problems. In order to reconcile the cost-effectiveness and
quality control issues, the Secretary agrees to permit subcontracting
when an applicant demonstrates that it is cost-effective and describes
how the applicant will directly supervise the subcontractor.
The Secretary believes that this change will resolve any potential
conflict regarding the requirement to use individuals who have been
trained as trainers on the ADA by a NIDRR, EEOC, or DOJ technical
assistance or training projects.
Changes: The general requirement regarding subcontracting has been
revised to require applicants who propose to use subcontractors to
demonstrate that it is cost-effective and describe how the applicant
will directly supervise the subcontractor (see 34 CFR 75.701).
Comment: Four commenters recommended revising the general
requirements that the training projects must: (1) Consult with each of
NIDRR's DBTACs during the development of its schedule of training
activities, and, (2) to the maximum extent feasible, conduct its
training activities in collaboration with each of the DBTACs. The
commenters felt that the consultation and collaboration requirements
would be too demanding logistically.
Discussion: The Secretary recognizes the logistical demands that
these requirements place on the training projects as well as the
DBTACs. However, experience has shown that such requirements are
necessary in order to ensure appropriate collaboration between the
DBTACs and the training projects. In order to assist the training
projects to address the logistical demands that collaboration will
create, each of the DBTACs has designated a staff person who will serve
as a training coordinator. This DBTAC staff person will serve as the
single point of contact for the training projects and will consult with
the training project on scheduling and coordinate collaborative
training efforts. The Secretary believes that the benefits of increased
collaboration outweigh the additional logistical demands placed on the
training projects and the DBTACs.
Changes: None.
Comment: Three commenters recommended requiring the training
projects to share information and materials. The commenters suggested
requiring the training projects for school districts and family
organizations to share relevant materials and information. In addition,
one of these commenters suggested requiring that the training project
for Hispanics collaborate with the other training projects as well as
the DBTACs.
Discussion: The Secretary agrees that sharing of information and
materials between all of the ADA technical assistance projects is
important. NIDRR's Technical Assistance Coordination contractor is
responsible for promoting this sharing of information and materials
through Project Directors' meetings and regular communication on an
electronic bulletin board. Experience has shown that no further
requirements are necessary in order to promote the sharing of
information and materials among all ADA technical assistance projects.
Changes: None.
Comment: One commenter suggested revising the general requirement
that applicants must describe the training materials that the project
will develop as well as identify existing training materials that the
project will use. The commenter suggested that applicants should
demonstrate their knowledge of and use of training materials developed
by NIDRR ADA projects.
Discussion: The Secretary believes that training materials
developed by NIDRR ADA projects may compose a part of the training
materials that applicants identify in response to this requirement.
However, the Secretary believes that applicants should have the
discretion to identify the materials that they propose to use in the
project.
Changes: None.
Comment: One commenter suggested that applicants be required to
demonstrate that a substantial number of individuals with disabilities
or family members, as appropriate, be involved in all aspects of the
training project.
Discussion: All of the training projects must comply with the
general requirement that individuals with disabilities or family
members or representatives must include individuals with disabilities
or their families to the maximum extent possible in all phases of the
project's activities. The Secretary does not believe any further
requirements are necessary.
Changes: None.
Comment: One commenter suggested requiring applicants to show prior
experience with coordinating and providing national training on the
ADA.
Discussion: The training project applications will be reviewed to
determine to what degree the principal investigator and other key staff
have adequate training and/or experience and demonstrate appropriate
potential to conduct the training (see 34 CFR 350.34(d)). The Secretary
does not believe that any further requirements are necessary.
Changes: None.
Comment: One commenter was concerned that the establishment of the
training projects may give the impression that NIDRR does not have full
confidence in the DBTACs.
Discussion: The Secretary believes that there is a need for
additional training projects. The Secretary wishes to clarify that he
has full confidence in the DBTACs.
Changes: None.
Comment: One commenter suggested requiring that applicants for
Priorities 1-5 develop strategies to address the issue of staff
turnover among the organizations and programs that receive training.
Discussion: The Secretary recognizes that staff turnover is an
important issue. The Secretary believes that the projects' model of
training a number of individuals (members and staff) of the target
organizations will minimize the phenomenon of staff turnover by
providing training to more than one key person. The Secretary does not
believe that any further requirements are feasible in light of the
estimated size of the awards for the projects.
Changes: None.
Comment: One commenter suggested clarifying the projects'
responsibilities to evaluate the impact of their training efforts.
Discussion: The Secretary agrees that evaluating the outcomes of
the projects is important. The training project applications will be
reviewed to determine to what degree there is a mechanism to evaluate
the project's results (see 34 CFR 350.34(e)). In addition, NIDRR is
considering supporting an external evaluation of the training projects.
The Secretary does not believe that any further requirements are
necessary.
Changes: None.
Comment: One commenter was concerned that individuals with certain
disabilities would be overlooked in the outreach and training
activities of all of the training projects. The commenter indicated
that the general requirement regarding delivering training in formats
and styles that are accessible to individuals with a range of sensory,
communication, cognitive, and learning disabilities was not sufficient
to ensure equal opportunity for persons with all types of disabilities.
The commenter suggested adding a requirement that the projects must
include persons with all types of disabilities in their training.
A second commenter, addressing the ILC training project, was
concerned that the ILC training project would not include individuals
with mental retardation and other cognitive disabilities.
Discussion: The Secretary agrees that persons with all types of
disabilities should be provided with an equal opportunity to receive
training by the projects. The Secretary believes that further
clarification in the general requirements is necessary.
Changes: The general requirements for the training projects have
been revised to require that applicants describe how the training
projects will provide persons with all types of disabilities an equal
opportunity to receive training.
Comment: One commenter suggested requiring the training projects
for school districts and State and local ADA coordinators and
policymakers to address building partnerships between individuals with
disabilities and covered entities.
Discussion: The Secretary believes that building partnerships
between individuals with disabilities and Title II entities is
desirable. The Secretary believes that an applicant for either of these
projects could propose to include partnership building in their
training. However, the Secretary believes that applicants should be
provided with discretion to propose the content of their training.
Changes: None.
Comment: One commenter suggested two additional priorities for
training projects. The commenter suggested one project to train State
code official responsible for enforcing State accessibility law, and a
second project to impart information about disability rights at all
levels of the educational system.
Discussion: The Secretary believes that both of these suggestions
would contribute to the successful implementation of the ADA. NIDRR
will consider these suggestions when developing future technical
assistance and training projects.
Changes: None.
Comment: Two commenters suggested that the notice clarify that non-
profit organizations and for-profit organizations are eligible to apply
for the training projects.
Discussion: The Notice inviting applications for these projects
states that parties eligible to apply for grants under this program are
public and private nonprofit and for-profit agencies and organizations,
including institutions of higher education and Indian tribes and tribal
organizations.
Changes: None.
[FR Doc. 94-13930 Filed 6-7-94; 8:45 am]
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