[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: 94-16288]


[[Page Unknown]]

[Federal Register: July 6, 1994]


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DEPARTMENT OF EDUCATION

[CFDA No.: 84.132A]

 

Centers for Independent Living; Inviting Applications for New 
Awards for Fiscal Year (FY) 1994

Purpose of Program

    This program provides support for planning, conducting, 
administering, and evaluating centers for independent living (centers) 
that comply with the standards and assurances in section 725 of the 
Rehabilitation Act of 1973 (Act), as amended, consistent with the State 
plan for establishing a statewide network of centers. Centers are 
consumer-controlled, community-based, cross-disability, nonresidential 
private nonprofit agencies that are designed and operated within local 
communities by individuals with disabilities and provide an array of 
independent living (IL) services.

Eligible Applicants

    An applicant is eligible to apply as a new center if the applicant 
meets the requirements of Secs. 366.2(a) and 366.24 and either-- (1) Is 
not currently receiving funds under Part C of Chapter 1 of Title VII of 
the Act; or (2) proposes the expansion of an existing center through 
the establishment of a separate and complete center (except that the 
governing board of the existing center may serve as the governing board 
of the new center) in a different geographical location. Eligibility 
under this competition is limited to those entities proposing to serve 
areas that are unserved or underserved in the States and territories 
listed under AVAILABLE FUNDS.
    Deadline for Transmittal of Applications: August 5, 1994.
    Deadline for Intergovernmental Review: September 6, 1994.
    Applications Available: July 6, 1994.
    Available Funds: $2,776,432 as distributed in the following--

American Samoa.............................................     $154,046
Arkansas...................................................       80,107
Arizona....................................................       80,107
Delaware...................................................       32,531
D.C........................................................       64,720
Florida....................................................      247,814
Georgia....................................................      227,776
Guam.......................................................       44,641
Hawaii.....................................................       51,546
Indiana....................................................       54,588
Iowa.......................................................       58,755
Louisiana..................................................       80,107
Maryland...................................................       80,107
Nevada.....................................................       80,107
New Hampshire..............................................       80,107
New Jersey.................................................      284,293
North Carolina.............................................      227,885
North Dakota...............................................       80,107
Ohio.......................................................      378,894
Puerto Rico................................................       80,107
South Carolina.............................................       80,107
South Dakota...............................................       80,107
Washington.................................................       56,892
Wyoming....................................................       80,107
                                                                        

    Estimated Range of Awards: $32,000 to $200,000.
    Estimated Number of Awards: 1 to 5 per eligible State or territory.

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

    Project Period: Up to 60 months.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR Parts 74, 75, 77, 79, 80, 
81, 82, 85, and 86; and (b) The program regulations in 34 CFR Parts 364 
and 366.
    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 (NPRM) published in the Federal Register 
on May 12, 1994 (59 FR 24814), because the Department's authority to 
obligate these funds will expire on September 30, 1994.
    The comment period for the NPRM ended on June 13, 1994. A total of 
40 comments were received from centers (21), State agencies (11), 
Statewide Independent Living Councils and other statewide organizations 
(4), national constituent organizations (3), and an individual (1). The 
comments were generally favorable and constructive. The following is a 
summary of the substantive comments received on the NPRM and of the 
changes that are expected to be made, based on public comments, in the 
final regulations that are currently undergoing review and that may 
affect applicants under this competition. Technical and other minor 
changes--and suggested changes the Secretary is not legally authorized 
to make under the applicable statutory authority--are not addressed.
    Only one commenter objected to the 30-day comment period. The 
Secretary considered a 30-day comment period necessary because a longer 
comment period would not have left enough time to publish this notice 
inviting applications for competitive awards for new centers under this 
program for fiscal year (FY) 1995. The Secretary also considered a 30-
day comment period adequate because of the extensive opportunity for 
input and comment that was afforded to the public prior to publishing 
the NPRM. The Secretary does not believe it is necessary to extend the 
comment period.

Part 364

    Two commenters objected to the change in terminology from an 
individual with ``severe'' disabilities to an individual with 
``significant'' disabilities. Although only one comment specifically 
complimenting the Department on the use of ``significant'' rather than 
``severe'' was received in response to the NPRM, the IL community 
previously expressed overwhelming support for the change in comments to 
the notice of proposed rulemaking on the proposed nomenclature change 
published on October 27, 1993 (58 FR 57938). Therefore, the Secretary 
does not expect any change in the final regulations.
    A number of commenters suggested changes to the definitions in 
proposed Sec. 364.4.
    Two commenters were concerned that the proposed definition of 
``advocacy'' may be interpreted to require an advocate to be an 
attorney. One of these commenters suggested a broader definition of 
``advocacy.''
    The proposed definition of ``advocacy'' specifically states that, 
to the extent permitted by State law or the rules of any agency before 
which an individual is appearing, a non-lawyer may engage in advocacy 
on behalf of another individual. The Secretary does not interpret this 
definition as requiring an advocate to be an attorney in all cases, but 
only in those situations where State law or the rules of an agency 
require that an advocate representing another individual be an 
attorney.
    Therefore, the Secretary does not expect any change to this 
definition in the final regulations.
    Commenters suggested that the proposed definition of ``attendant 
care'' be revised to make it clear that this service may be provided on 
the job and in the community, as well as at home.
    The Secretary believes the proposed definition provides adequate 
flexibility to allow attendant care in a variety of situations. 
Therefore, the Secretary does not expect any change to this definition 
in the final regulations.
    Commenters questioned why the words ``cognitive'' and ``sensory'' 
do not appear in the proposed definition of ``individual with 
significant disabilities.'' These commenters noted that the proposed 
definition conflicts with the proposed definition of an ``individual 
with a disability.''
    The concepts of ``physical'' and ``mental'' impairments in the 
statutory definitions of ``individual with a severe disability'' and 
``individual with a disability'' include the concepts of ``sensory'' 
and ``cognitive'' impairments, respectively. However, the Secretary 
agrees that the definitions of ``individual with a significant 
disability'' and ``individual with a disability'' should be consistent. 
Therefore, the Secretary anticipates adding the words ``sensory'' and 
``cognitive'' to the definition of ``individual with a significant 
disability'' in the final regulations.
    In proposed Sec. 364.5, commenters objected to the limitation on 
reallocating expenditures after the initiation of an audit or 
compliance review and considered it punitive and contrary to ordinary 
accounting procedures.
    The Secretary agrees that a change is necessary to make this 
requirement consistent with acceptable accounting practices. Therefore, 
the Secretary anticipates changing Sec. 364.5 in the final regulations 
to allow costs that a grantee intends to use as an offset against 
disallowed costs, if those costs are reported on the final financial 
status reports within 90 days after the completion of an audit or 
compliance review.
    Commenters objected to the language in proposed Secs. 364.6 and 
364.7 regarding program income. Commenters asserted that the resource 
development requirement in evaluation standard 7 in section 725(b)(7) 
of the Act should be interpreted to permit centers to accumulate funds 
over several years to create, among other financial instruments, 
endowments and reserves.
    The Secretary agrees that imposing time limits on the use of 
program income may be inconsistent with long-term ``resource 
development,'' which may include endowment drives and the solicitation 
of gifts and bequests that may produce long-term income. Therefore, the 
Secretary anticipates changing the language in proposed Secs. 364.6 and 
364.7 in the final regulations to allow centers to use program income 
to establish endowments and other similar financial instruments, but 
only if the corpus and income generated from the endowment and other 
similar financial instruments are used solely to carry out the purposes 
of the Center for Independent Living (CIL) program authorized under 
Part C of Chapter 1 of Title VII of the Act.
    One commenter objected to the use of the term ``special'' when 
referring to reasonable accommodation and ``alternative'' modes of 
communication in proposed Secs. 364.20, 364.23, and 364.56.
    The Secretary agrees with the commenter and anticipates 
substituting the word ``alternative'' for the word ``special'' in these 
sections of the final regulations.
    Commenters expressed concern regarding access to records in 
proposed Sec. 364.37(c) on the grounds that access to individual 
records may be unnecessarily intrusive and inconsistent with 
commitments that providers make to their consumers.
    The Secretary believes that access to individual case records or 
files or consumer service records is necessary for the proper and 
efficient administration and monitoring of the CIL program. Proposed 
Sec. 364.37(c) limits this access to the Secretary and the Comptroller 
General of the United States, or any of their duly authorized 
representatives. The Secretary does not believe that this access is 
unreasonable or that it will be abused. Therefore, the Secretary does 
not expect any change in the final regulations.
    Commenters were concerned that the references to ``legally 
authorized representative'' in proposed Sec. 364.51 may be interpreted 
to require an attorney or legal guardian.
    The Secretary does not intend to require that only an attorney or 
legal guardian may represent an individual for purposes of proposed 
Sec. 364.51(b)(2)(requirements pertaining to ineligibility 
determinations). Therefore, the Secretary anticipates adding a 
definition of ``legally authorized representative'' to the final 
regulations to clarify that an individual's authority to represent or 
advocate on behalf of an individual with significant disabilities is 
determined pursuant to State law.
    Two commenters objected to the absence of requirements in proposed 
Sec. 364.52 regarding the content of a waiver and the appropriate 
solicitation of a waiver. One of the commenters also was concerned that 
the absence of conditions on the use of waivers could allow service 
providers to circumvent the requirements of proposed Secs. 364.43 
(provision of IL services by the State) and 364.53 (documentation of IL 
services provided to individuals). One of the commenters also suggested 
that the regulations should require that consumers be advised of the 
need for an IL plan and how the IL plan helps protect the consumer's 
rights.
    The Secretary agrees in part with the commenters and anticipates 
adding the words ``knowingly and voluntarily'' before the word 
``signs'' in Sec. 364.52(a)(2) of the final regulations. The Secretary 
believes this is adequate protection to prevent the possibility of 
service providers forcing consumers to sign ``waivers.'' The Secretary 
does not believe that it is necessary to add further requirements 
regarding the waiver of an IL plan.
    Commenters suggested that proposed Sec. 364.53 be modified to 
recognize the fact that records may be electronic as well as written.
    The Secretary agrees with the commenters. With the exception of an 
IL plan or a waiver of an IL plan, both of which require a consumer's 
signature, the Secretary anticipates revising Sec. 364.53 in the final 
regulations to allow records to be maintained electronically.
    Commenters suggested that the State standards in proposed 
Sec. 364.55 should not be permitted to exceed the standards in section 
725 of the Act.
    The standards referred to in proposed Sec. 364.55 are actually the 
standards that the designated State unit (DSU) is required to develop 
pursuant to proposed Sec. 365.31 for those service providers that are 
not centers or for centers that are providing specialized IL services 
under a contract with the DSU. The Secretary anticipates adding 
language to the final regulations to make this clear.
    One commenter objected to the words ``other information'' in 
proposed Sec. 364.56(c)(2) because of the possibility that service 
providers may use this language to withhold information from a 
consumer.
    Proposed Sec. 364.56(c)(2) does not permit a service provider to 
withhold information from a consumer. Proposed Sec. 364.56(c)(2) merely 
requires that, if a service provider determines that releasing medical, 
psychological, or other information may be harmful if released directly 
to the consumer, the service provider shall release this information to 
the consumer through a qualified medical or psychological professional 
or the individual's legally authorized representative. The Secretary 
does not expect any change to Sec. 364.56(c)(2) in the final 
regulations.

Part 366

    One commenter suggested adding a requirement to the selection 
criteria in proposed Sec. 366.27 that the governing board be reflective 
of the localities to be served by the proposed center.
    The Secretary believes that, rather than adding the suggested 
language to the selection criteria in proposed Sec. 366.27, replacing 
the words ``another'' and ``other'' in proposed Sec. 366.28(a) with 
``bordering'' and adding similar language in Secs. 366.2(a)(1)(i), 
366.28(a), and 366.29(a) of the final regulations is more appropriate. 
In this manner, centers will be limited to operating within a ``local 
community,'' as required by section 702(1)(A) of the Act.
    One commenter considered the selection criterion in proposed 
Sec. 366.27(a)(2) too vague and suggested that it be expanded to ``not 
appear to be the traditional `needs assessment' that creates more 
service providers.''
    The Secretary believes that the criterion adequately explains how 
an applicant can be expected to identify the need for a new center in a 
community and how the applicant plans to address this identified need. 
The Secretary does not expect any change in the final regulations.
    Commenters suggested reducing the points allotted to ``plan of 
operation'' and increasing points for ``involvement of individuals with 
significant disabilities'' in the selection criteria in proposed 
Sec. 366.27(g) and (h), respectively. Commenters also felt that the 
proposed selection criteria should include the involvement of 
individuals with significant disabilities in the preparation of a 
center's application.
    The Secretary believes that the points assigned to the ``plan of 
operation'' selection criterion appropriately reflect its value. The 
Secretary agrees that participation of individuals with significant 
disabilities in the preparation of applications is important and 
anticipates substituting the phrase ``developing the center's 
application'' for the phrase ``conducting center activities'' in 
Sec. 366.27(h)(1) of the final regulations.

Selection Criteria

    In evaluating applications for grants under this competition, the 
Secretary uses the selection criteria in Sec. 366.27 of the notice of 
proposed rulemaking published in the Federal Register on May 12, 1994 
(59 FR 24814, 24838-24839), with the anticipated changes discussed in 
this notice.
    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: Telephone (202) 205-9315. 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. Individuals may write to 
receive an application from Donald Thayer, U.S. Department of 
Education, 400 Maryland Avenue, SW., Room 3326 Switzer Building, 
Washington, DC 20202-2741.

FOR FURTHER INFORMATION CONTACT: Donald Thayer, telephone: (202) 205-
9315, or John Nelson, telephone: (202) 205-9362 (Voice and TDD), U.S. 
Department of Education, 400 Maryland Avenue, SW., Room 3326 Switzer 
Building, Washington, DC 20202-2741.
    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. 721(c) and (e) and 796(f).

    Dated: June 30, 1994.
Judith E. Heumann,
Assistant Secretary for the Office of Special Education and 
Rehabilitative Services.
[FR Doc. 94-16288 Filed 7-5-94; 8:45 am]
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