[Federal Register Volume 59, Number 128 (Wednesday, July 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16286]


[[Page Unknown]]

[Federal Register: July 6, 1994]


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DEPARTMENT OF EDUCATION
[CFDA No: 84.265]

 

State Vocational Rehabilitation Unit In-Service Training; Notice 
Inviting Applications for New Awards for Fiscal Year (FY) 1994

Purpose of Program

    This program is designed to support projects for training State 
vocational rehabilitation unit personnel in program areas essential to 
the effective management of the unit's program of vocational 
rehabilitation services or in skill areas that will enable personnel to 
improve their ability to provide vocational rehabilitation services 
leading to employment outcomes for individuals with disabilities. The 
State Vocational Rehabilitation Unit In-Service Training program 
responds to needs identified in the comprehensive system of personnel 
development in section 101(a)(7) of the Act. The program may include 
training designed (a) to address recruitment and retention of qualified 
rehabilitation professionals; (b) to provide for succession planning; 
(c) to provide for leadership development and capacity building; and 
(d) for fiscal year 1994, to provide training on the amendments to the 
Rehabilitation Act of 1973 made by the Rehabilitation Act Amendments of 
1992.
    Eligible Applicants: Only State agencies designated under a State 
plan for vocational rehabilitation services under section 101(a) of the 
Rehabilitation Act of 1973, as amended, are eligible to receive an 
award under this program.
    Deadline for Transmittal of Applications: August 8, 1994
    Deadline for Intergovernmental Review: September 7, 1994
    Applications Available: July 7, 1994
    Available Funds: $5,944,350, of which $4,755,480 is available for 
allocation to designated agencies for basic awards and $1,188,870 is 
available for allocation to high quality applications. (Specific 
information regarding funds available to be allocated to designated 
State agencies for basic awards appears in the chart in this notice.)
    Estimated Range of Awards: $19,795--$300,680.
    Estimated Average Size of Awards: $73,387.
    Estimated Number of Awards: 81.

    Note: The Department is not bound by any estimate in this 
notice.

    Project Period: Up to 36 months.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR Parts 75, 77, 79, 80, 81, 
82, and 85; and (b) The regulations for this program in 34 CFR Part 
388; and (c) Secs. 385.4 and 385.40 through 385.46 of 34 CFR Part 385.

Priorities

    Under 34 CFR 75.105(c)(3) and proposed Sec. 385.22(a) the Secretary 
reserves funds to support some or all of the proposals that have been 
awarded a rating of 80 points or more under the criteria described in 
proposed Sec. 388.20. In making a final selection of proposals to 
support under this program, the Secretary considers the extent to which 
proposals have exceeded a rating of 80 points and address one or more 
of the following absolute priorities:

(1) Development and Dissemination of Model In-Service Training 
Materials and Practices

    The proposed project demonstrates an effective plan to develop and 
disseminate information on its State Vocational Rehabilitation In-
Service Training program, including the identification of training 
approaches and successful practices, in order to permit the replication 
of these programs by other State vocational rehabilitation units.

(2) Distance Education

    The proposed project demonstrates innovative strategies for 
training State vocational rehabilitation unit personnel through 
distance education methods, such as interactive audio, video, computer 
technologies, or existing telecommunications networks.

(3) Enhanced Employment Outcomes for Specific Populations

    The proposed project supports specialized training in the provision 
of vocational rehabilitation or related services to individuals with 
disabilities to increase the rehabilitation rate into competitive 
employment for all individuals or specified target groups.
    It is the policy of the Department of Education not to solicit 
applications before the publication of final regulations. However, in 
this case, it is essential to solicit applications on the basis of the 
notice of proposed rulemaking, published in the Federal Register on May 
9, 1994 (59 FR 24000), because the Department's authority to obligate 
these funds will expire on September 30, 1994.
    The comment period for the notice of proposed rulemaking ended June 
8, 1994. Sixteen parties submitted comments on the proposed 
regulations. The following is a summary of the changes that are 
expected to be made in the final regulations that are currently 
undergoing review, based on the public comment.
    Five commenters suggested deleting Sec. 388.21(a)(4), which 
provides a minimum share of not less than one-eighth of one percent of 
the amounts made available to Guam, American Samoa, the Virgin Islands, 
the Commonwealth of the Northern Mariana Islands, and the Republic of 
Palau. The commenters believe agencies in the territories, some of 
which have as many employees as small designated State agencies, should 
receive the same minimum share of not less than one-third of one 
percent of the amounts made available for the fiscal year as provided 
in Sec. 388.21(a)(3) to small agencies. The Secretary agrees that the 
same minimum share provided to small designated State agencies is 
appropriate for the specified territories. The Secretary also notes 
that the territories are eligible to compete for the remaining funds to 
be allocated based on the quality of the application as determined by 
competitive reviews conducted by the Department using the selection 
criteria in Sec. 388.20 and the priorities in Sec. 388.22. The 
Secretary expects to revise Sec. 388.21(a) by deleting paragraph (4) so 
that all grant recipients receive the same minimum share of the sums 
made available for the fiscal year. A revision of Sec. 388.30, deleting 
paragraph (c), which provides special matching considerations for the 
territories, is also expected to be made in the final regulations.
    Two commenters requested definitions for the terms ``succession 
planning'' and ``capacity building'' used in Sec. 388.1. The Secretary 
notes that these terms are found in the statute, but are optional for 
State agencies to address in their in-service training. There are 
alternative ways to address these terms, and the Secretary prefers not 
to define them, thus leaving the widest possible discretion to State 
agencies. No change is expected to be made in the final regulations.
    Three commenters addressed the requirement in 
Sec. 388.20(a)(2)(iii) for an annual needs assessment of in-service 
training needs. The commenters believe an annual assessment is not 
necessary and recommend a comprehensive needs assessment every three 
years and a less comprehensive review annually. The Secretary agrees 
that a comprehensive assessment is not needed annually. A revision of 
Sec. 388.20(a)(2)(iii), deleting the word ``annual,'' is expected to be 
made in the final regulations.
    Three commenters noted that the regulations do not specify the 
length of projects. Recommendations of project periods of 36 and 60 
months were made. The Secretary notes that regulations usually do not 
specify project duration and instead leave flexibility for the 
Secretary to determine an appropriate project period each time a 
competition is announced. This notice solicits applications for a 36-
month period. No change is expected to be made in the final 
regulations.
    A commenter asked that the phrase ``in connection with a distance 
learning training course'' be dropped from the description of allowable 
telecommunications and technology fees in Sec. 388.31(d). The Secretary 
agrees that distance learning may include valuable in-service training 
activities, such as a lecture or technology demonstration, that are not 
part of a training course. The Secretary expects to revise 
Sec. 388.31(d) by deleting the words ``in connection with a distance 
learning training course.''
    A commenter noted that it was an unnecessary limitation to require 
that distance education for rehabilitation workers be at their job 
sites as stated in Sec. 388.22(b)(2). The commenter noted that it may 
be necessary or efficient for an agency to gather a group of employees 
at a central location removed from individual offices for distance 
education. The Secretary agrees that there is no compelling reason to 
require in this priority that training occur at an individual job site. 
The Secretary expects to revise Sec. 388.22(b)(2) by deleting the words 
``at their job sites.''
    A commenter requested clarification of the heading for 
Sec. 388.22(b)(3), which refers to ``specific populations'' although 
the text that follows refers to ``all individuals or specified 
groups.'' The Secretary believes that it is up to the State agency to 
determine whether in-service training to improve employment outcomes 
will be targeted narrowly or broadly. Activities directed to improving 
employment outcomes for all population groups or for a specific target 
group are permitted under this priority. No change is expected to be 
made in the final regulations.
    A commenter observed that the NPRM retains most of the language in 
the current regulations and does not accurately reflect the 
Rehabilitation Act Amendments of 1992 (the 1992 Amendments), 
particularly provisions related to State and strategic plans. The 
Secretary believes that extensive changes have been proposed in the 
current regulations and is confident that all requirements in the 1992 
Amendments have been implemented. No change is expected to be made in 
the final regulations.
    Two commenters supported reserving a portion of funds for 
priorities, but believe this reserve should be divided between 
priorities based on need and priorities based on responsiveness or 
quality of the application and innovative approaches. The Secretary 
believes that the three priorities listed in the proposed regulations 
address significant needs of State agencies and that no further 
division of the priorities into categories is needed. No change is 
expected to be made in the final regulations.
    Four commenters objected to the proposed formula in Sec. 388.21 
whereby 80 percent of the funds available would be distributed based on 
the number of staff and 20 percent of the funds available would be 
distributed based on quality. They believe that the split penalizes 
States with small populations with limited capacity to write grants. In 
the commenters' view, the distribution does not take into account extra 
travel costs in a State with a large geographic area, and a commenter 
suggested increasing the small State agency minimum share. The 
Secretary believes that the proposed formula maximizes the amount of 
funds available for basic awards while ensuring that a reasonable 
amount is available for small agencies and for the Secretary's 
priorities. No change is expected to be made in the final regulations.
    A commenter recommended dropping the priority in Sec. 388.22(b)(2) 
for distance education on the grounds that there is no evidence that 
distance education produces better results at less cost. The Secretary 
believes that distance education is needed in some States and wants to 
ensure that a mechanism exists to demonstrate innovative approaches to 
learning. No change is expected to be made in the final regulations.
    Two commenters recommended deleting Sec. 388.20(f)(1)(ii) of the 
evaluation selection criteria that would judge in-service training 
outcomes by the extent to which training results in improved individual 
competency through licensure, certification, or award of academic 
degrees or certificates. The commenters believe in-service training to 
be short-term and job-based; therefore, reference to improved 
individual competency through degree-based programs should be dropped. 
The Secretary believes that, in response to the need to increase the 
number of qualified rehabilitation personnel, academic outcomes must be 
included among the measures of in-service training programs. No change 
is expected to be made in the final regulations.
    Three commenters observed that reviewers for in-service proposals 
should be well qualified, represent diverse populations, and be 
identified by name and program affiliation after the review is 
completed. They commented that all applicants should receive reviewer 
comments. The Secretary agrees that reviewers must be qualified and 
representative of the diverse populations and agencies assisted through 
in-service training. The Secretary does make summary information 
available on characteristics of reviewers but believes the specific 
reviewers of proposals should remain anonymous. All applicants are 
provided with the reviewer comments on their applications when the 
review is completed. No change is expected to be made in the final 
regulations.
    A commenter noted that Sec. 388.21 does not state what the minimum 
score is that an applicant must receive in order for its application to 
be approved by the Secretary or how it is to be computed. In order to 
make funding decisions, the Secretary will set a minimum score for each 
competition after all applications have been reviewed. The minimum 
score will be computed through an analysis of all reviewed applications 
to determine those that are in the fundable range. No change is 
expected to be made in the final regulations.
    A commenter observed that Sec. 388.1 should be revised, and the 
regulations changed throughout, to emphasize human resource development 
in place of training. Peer reviewers should be oriented to human 
resource development prior to their service as reviewers. The Secretary 
agrees that the term human resource development is descriptive of many 
appropriate activities under this program. However, the Rehabilitation 
Act of 1973, as amended, uses the term ``in-service training,'' so that 
term is used in the regulations. No change is expected to be made in 
the final regulations.
    Regarding Sec. 388.22, which sets the Secretary's priorities, a 
commenter asked if an application that addresses issues or activities 
other than the three priorities listed can be eligible for quality 
funds. The Secretary responds that only applications that respond to 
the priorities already identified by the Secretary in the regulations 
for this program or priorities established through future rulemaking 
will be considered when allocating the quality funds. No change is 
expected to be made in the final regulations.
    Applicants should prepare their applications based on the proposed 
regulations, as modified by the expected changes contained in this 
notice. If additional changes are made in the final regulations that 
are currently undergoing review, applicants will be given the 
opportunity to revise or resubmit their applications.
    For Applications or Information Contact: Richard Melia, U.S. 
Department of Education, 400 Maryland Avenue, S.W., Room 3324 Switzer 
Building, Washington, D.C. 20202-2649. Telephone (202) 205-9400. 
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.
    Information about the Department's funding opportunities, including 
copies of application notices for discretionary grant competitions, can 
be viewed on the Department's electronic bulletin board (ED Board), 
telephone (202) 260-9950; or on the Internet Gopher Server at 
GOPHER.ED.GOV (under Announcements, Bulletins, and Press Releases). 
However, the official application notice for a discretionary grant 
competition is the notice published in the Federal Register.

    Program Authority: 29 U.S.C. 770 and 771a.

    Dated: June 30, 1994.
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services. 

           Funds Available for Basic Awards Under Sec. 388.21           
------------------------------------------------------------------------
                       State Agency                             Amount  
------------------------------------------------------------------------
AL.........................................................      $97,738
AK.........................................................       19,795
AZ.........................................................       70,830
AR.........................................................       95,655
AR--Blind..................................................       19,795
CA.........................................................      300,680
CO.........................................................       39,929
CT.........................................................       30,901
CT--Blind..................................................       19,795
DE.........................................................       19,795
DE--Blind..................................................       19,795
FL.........................................................      167,527
FL--Blind..................................................       38,713
GA.........................................................      152,597
HI.........................................................       19,795
ID.........................................................       21,353
ID--Blind..................................................       19,795
IL.........................................................      148,083
IN.........................................................       65,275
IA.........................................................       48,956
IA--Blind..................................................       19,795
KS.........................................................       51,213
KT.........................................................       81,246
KT--Blind..................................................       19,795
LA.........................................................       85,760
ME.........................................................       23,263
MD.........................................................       88,855
MA.........................................................       99,648
MA--Blind..................................................       20,138
MI.........................................................      120,133
MI--Blind..................................................       19,795
MN.........................................................       65,101
MN--Blind..................................................       19,795
MS.........................................................       90,447
MO.........................................................       57,115
MO--Blind..................................................       19,795
MT.........................................................       19,795
NE.........................................................       27,256
NE--BLIND..................................................       19,795
NV.........................................................       19,795
NH.........................................................       19,795
NJ.........................................................       55,900
NJ--Blind..................................................       20,394
NM.........................................................       29,339
NM--Blind..................................................       19,795
NY.........................................................      161,624
NY--Blind..................................................       29,512
NC.........................................................      162,840
NC--Blind..................................................       29,860
ND.........................................................       19,795
OH.........................................................      127,077
OK.........................................................       71,177
OR.........................................................       43,401
OR--Blind..................................................       19,795
PA.........................................................      103,988
PA--Blind..................................................       19,795
RI.........................................................       19,795
SC.........................................................      153,291
SC--Blind..................................................       19,795
SD.........................................................       19,795
SD--Blind..................................................       19,795
TN.........................................................       80,899
TX.........................................................      267,348
TX--Blind..................................................       81,593
UT.........................................................       35,241
VT.........................................................       19,795
VT--Blind..................................................       19,795
VA.........................................................       82,461
VA--Blind..................................................       19,795
WA.........................................................       55,206
WA--Blind..................................................       19,795
WV.........................................................      103,988
WI.........................................................       69,615
WY.........................................................       19,795
District of Columbia.......................................       30,033
Puerto Rico................................................      199,817
American Samoa.............................................       19,795
Northern Mariania Islands..................................       19,795
Guam.......................................................       19,795
Virgin Islands.............................................       19,795
Palau......................................................       19,795
                                                            ------------
                                                               4,755,480
------------------------------------------------------------------------

[FR Doc. 94-16286 Filed 7-5-94; 8:45 am]
BILLING CODE 4000-01-P