[Federal Register Volume 59, Number 197 (Thursday, October 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25258]


[[Page Unknown]]

[Federal Register: October 13, 1994]


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Part III





Department of Education





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Early Education Programs for Children With Disabilities; Notices
DEPARTMENT OF EDUCATION

 

Early Education Program for Children With Disabilities; 
Technology, Educational Media, and Materials for Individuals With 
Disabilities Program; and Program for Children and Youth With Serious 
Emotional Disturbance

AGENCY: Department of Education.

ACTION: Notice of final priorities.

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SUMMARY: The Secretary announces final priorities for three programs 
administered by the Office of Special Education and Rehabilitative 
Services (OSERS) under the Individuals with Disabilities Education Act. 
The Secretary may use these priorities in Fiscal Year 1995 and 
subsequent years. The Secretary takes this action to focus Federal 
assistance on identified needs to improve outcomes for children with 
disabilities. The final priorities are intended to ensure wide and 
effective use of program funds.

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

FOR FURTHER INFORMATION CONTACT: The name, address, and telephone 
number of the person at the Department to contact for information on 
each specific priority is listed under that priority.

SUPPLEMENTARY INFORMATION: This notice contains one final priority 
under the Early Education Program for Children with Disabilities, one 
final priority under the Technology, Educational Media, and Materials 
for Individuals with Disabilities Program, and one final priority under 
the Program for Children and Youth with Serious Emotional Disturbance. 
The purpose of each program is stated separately under the title of 
that program.
    On August 1, 1994, the Secretary published a notice of proposed 
priorities for these programs in the Federal Register (59 FR 39234-
39238).
    These final priorities support the National Education Goals by 
improving understanding of how to enable children and youth with 
disabilities to reach higher levels of academic achievement.
    The publication of these final priorities does not preclude the 
Secretary from proposing additional priorities, nor does it limit the 
Secretary to funding only these priorities, subject to meeting 
applicable rulemaking requirements. Funding of particular projects 
depends on the availability of funds, and the quality of the 
applications received. Further, priorities could be affected by 
enactment of legislation reauthorizing these programs.

    Note: This notice of final priorities does not solicit 
applications. A notice inviting applications under these 
competitions is published in separate notices in this issue of the 
Federal Register.

Analysis of Comments and Changes

    In response to the Secretary's invitation in the notice of proposed 
priorities, one party submitted comments. The comments concerned the 
priority titled ``Collaborative Research on Technology, Media, and 
Materials for Children and Youth with Disabilities'' proposed under the 
Technology, Educational Media, and Materials for Individuals with 
Disabilities Program. An analysis of the comments and of the changes in 
the proposed priorities follows. Technical and other minor changes are 
not addressed.
    Comment: The commenter expressed concern that only researchers and 
practitioners are described as actively involved in all phases of the 
research under the priority titled ``Collaborative Research on 
Technology, Media, and Materials for Children and Youth with 
Disabilities.'' The commenter suggested that the priority be revised to 
include family members and students with disabilities as active 
participants in the research.
    Discussion: The Secretary agrees that collaborative research means 
partnerships between all stakeholders, including family members and 
students with disabilities, and that their inclusion is important to 
reducing the gap between research and practice.
    Changes: A sentence has been added to the priority to emphasize the 
importance of including input from family members and students with 
disabilities in the research project. The new sentence states: ``To 
further reduce the gap between research and practice, projects are 
encouraged to include input from family members and students with 
disabilities.''
    Comment: Under the priority titled ``Collaborative Research on 
Technology, Media, and Materials for Children and Youth with 
Disabilities'', the same commenter expressed concern that the unique 
needs of students with cognitive disabilities are too frequently not 
considered. The commenter suggested that projects should indicate how 
such research will benefit this population of students.
    Discussion: The priority as written does not preclude projects that 
focus on students with cognitive disabilities. However, it is the 
responsibility of the applicant to develop the project focus in terms 
of curriculum areas, grade/age levels, disabilities, types of services 
provided, and/or specific types of technology, media and materials. The 
Secretary does not believe it would be appropriate to limit projects to 
certain disability areas, but prefers to give potential applicants the 
latitude to include any disability.
    Changes: None.

Early Education Program for Children With Disabilities

    Purpose of Program: The purpose of this program is to support 
activities that are designed (a) to address the special needs of 
children with disabilities, birth through age eight, and their 
families; and, (b) to assist State and local entities in expanding and 
improving programs and services for these children and their families.

Priority

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

Proposed Absolute Priority--Early Childhood Research Institute: Follow 
Through

    Background: This priority supports an Early Childhood Research 
Institute to develop, evaluate and disseminate strategies and 
procedures that will move the successful practices of early 
intervention and preschool programs into the early elementary school 
grades. These successful practices include, but are not limited to, (1) 
family-friendly and family-focused approaches to planning and providing 
special education and related services, (2) extensive parent 
involvement in service planning and delivery, (3) integrated and 
coordinated delivery of services when multiple services are necessary, 
(4) multi-disciplinary input into service planning and delivery, (5) 
developmentally appropriate services delivered in ungraded/mixed-age 
and mixed ability group settings, and (6) a pro-active approach to 
service planning and delivery in which services (e.g., team teaching, 
assistive technology applications, use of paraprofessionals) are 
integrated and concentrated to ensure that as many children with 
disabilities as possible successfully acquire critical skills taught in 
the primary grades (e.g., beginning literacy, social skills) that are 
crucial to children's progress and adjustment in school.
    The Institute's research, development and evaluation activities 
must (1) identify administrative, attitudinal, and programmatic 
barriers to establishing these successful practices in kindergarten 
through grade three (or equivalent) for children with disabilities and 
their families; (2) develop and evaluate strategies and procedures that 
are designed to overcome these barriers, such as strategies parents can 
use to maintain their involvement once their child reaches school age, 
and strategies school personnel can use to encourage and facilitate 
continued parent involvement; and (3) identify effective ways to 
disseminate the findings and products of the Institute so that 
successful practices, or combinations of practices, can be adopted 
easily by school systems.
    The Secretary anticipates funding one cooperative agreement with a 
project period of up to 60 months subject to the requirements of 34 CFR 
75.253(a) for continuation awards. In determining whether to continue 
the Institute for the fourth and fifth years of the project period, the 
Secretary, in addition to applying the requirements of 34 CFR 
75.253(a), considers the recommendation of a review team consisting of 
three experts selected by the Secretary. The services of the review 
team, including a two-day visit to the project, are to be performed 
during the last half of the Institute's second year and may be included 
in that year's evaluation required under 34 CFR 75.590.
    Priority: The Early Childhood Research Institute considered for 
funding under this priority must--
    (a) Conduct a program of research that addresses the issues 
identified above.
    (b) Identify specific strategies and procedures that will be 
investigated.
    (c) Carry out the research within a conceptual framework, based on 
previous research or theory, that provides a basis for the strategies 
and procedures to be studied, the research methods and instrumentation 
that will be used, and the specific target populations and settings 
that will be studied.
    (d) Collect, analyze, and report a variety of descriptive and 
outcome data, including (1) specific information on the settings, the 
service providers, the children and families targeted by the Institute 
(e.g., age, disability, level of functioning and membership in a 
special population, if appropriate); (2) multiple, functional outcome 
data for the children and families who are the focus of the strategies 
and procedures; and (3) multiple outcome data for the teachers, 
administrators, and other school staff involved in the research.
    (e) Conduct the research in typical school settings, including 
settings that are, or will be, implementing different combinations of 
the successful practices.
    (f) Conduct the research using methodological procedures that are 
designed to produce unambiguous findings regarding the effects of the 
strategies and procedures, as well as any findings on interaction 
effects between particular strategies or procedures and particular 
characteristics of participants or settings. These findings will be 
rendered through appropriate sample selection and adequate sample size 
to permit use of the findings in policy analyses.
    (g) Design all activities in a manner that is likely to lead to 
improved services for children with disabilities and their families, 
including those who are members of cultural, linguistic, or racial 
minority groups.
    (h) Develop, field test, and disseminate a variety of products that 
can be used for training and technical assistance activities with 
policy makers, administrators, school board members, parents, and 
service providers and that are likely to facilitate the implementation 
of the successful practices in early elementary school settings.
    (i) Coordinate research and dissemination activities with other 
relevant efforts sponsored by the U.S. Department of Education, 
including other research institutes, technical assistance entities, and 
information clearinghouses.
    (j) Provide research training and experience for at least 10 
graduate students annually.
    In determining whether to continue the Institute for the fourth and 
fifth years of the project period, in addition to considering factors 
in 34 CFR 75.253(a), the Secretary considers the following:
    (a) The timeliness and effectiveness with which all requirements of 
the negotiated cooperative agreement have been or are being met by the 
Institute.
    (b) The degree to which the Institute's research designs and 
methodological procedures demonstrate the potential for producing 
significant new knowledge and products.
    In order to apply for funding for years four and five, the 
Institute must set aside in its budget for the second year, funds to 
cover costs associated with the services to be performed by the review 
team appointed by the Secretary to evaluate the project in the second 
year. These funds are estimated to be approximately $4,000.
    For Further Information Contact: Gail Houle, U.S. Department of 
Education, Room 4613, Switzer Building, 600 Independence Avenue, S.W., 
Washington, D.C., 20202-2644. Telephone (202) 205-9045. Individuals who 
use a telecommunications device for the deaf (TDD) may call the TDD 
number at (202) 205-8169.

    Program Authority: 20 U.S.C. 1423.

Technology, Educational Media, and Materials for Individuals With 
Disabilities Program

    Purpose of Program: The purpose of this program is to support 
projects and centers for advancing the availability, quality, use, and 
effectiveness of technology, educational media, and materials in the 
education of children and youth with disabilities and the provision of 
early intervention services to infants and toddlers with disabilities. 
In creating Part G of the Individuals with Disabilities Education Act, 
Congress expressed the intent that the projects and centers funded 
under that part should be primarily for the purpose of enhancing 
research and development advances and efforts being undertaken by the 
public or private sector, and to provide necessary linkages to make 
more efficient and effective the flow from research and development to 
application.

Priority

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

Proposed Absolute Priority--Collaborative Research on Technology, 
Media, and Materials for Children and Youth With Disabilities

    Background: In 1993 an agenda was developed for the Technology, 
Educational Media, and Materials for Individuals with Disabilities 
Program which set forth four program commitments. These four 
commitments were derived from broad-based input from the field, and 
together they represent the means by which the Office of Special 
Education Programs intends to advance the use of technology, media, and 
materials with students with disabilities. They are:
    (1) Enable the Learner Across Environments. This means fostering 
instructional environments, both in and out of school, that use 
technology, educational media, and materials to enable students with 
disabilities to access knowledge, develop skills and problem-solving 
strategies, and engage in educational experiences necessary for their 
success as adults.
    (2) Promote Effective Policy. This means policymaking at all levels 
in government, schools, and business to ensure accessibility, 
availability, effective application, and consistent use of appropriate 
technology, media, and materials.
    (3) Foster Use Through Professional Development. This means 
training and supporting teachers, administrators, parents, and related 
service personnel on the benefits of instructional and assistive 
technologies so that they can increase productive use of instructional 
time, prepare students with disabilities for employment and 
citizenship, and promote their intellectual, ethical, cultural, 
emotional, and physical growth.
    (4) Create Innovative Tools. This means encouraging development of 
varied and integrated technologies, media, and materials which open up 
and expand the lives of those with disabilities.
    However, research is needed on how these interrelated commitments 
can be applied in the complex reality of educational practice. This 
priority addresses that need by supporting collaborative research, 
which means research based on a partnership between researchers and 
practitioners in which both are actively involved in all phases of the 
research--initial planning and design, collection of information or 
data, analysis of information or data, and reporting and dissemination. 
This research strategy is intended to produce methodologically sound 
research information that is relevant and applicable to practice and 
reduces the gap between research and practice. To further reduce the 
gap between research and practice, projects are encouraged to include 
input from family members and students with disabilities.
    Priority: The Assistant Secretary establishes an absolute priority 
for collaborative research projects that--
    (a) Formulate a research topic and design based on commitments (1), 
(2), and (3), as described above, as they relate to improving education 
and/or related services at the local level for students with 
disabilities. This priority is not intended to support projects that 
are primarily engaged in product development; thus, commitment (4) may 
be included only as a supporting activity. In formulating the research 
topic, projects must develop a focus in terms of curriculum areas, 
grade/age levels, disabilities, types of services provided, and/or 
specific types of technology, media and materials. In formulating the 
research design, projects must apply the standards for conducting 
rigorous social science research. The following research topics are 
offered as illustrative examples and do not represent the full range of 
possible topics. These examples are broad, and projects may opt for 
more narrow focuses. However, projects must address all three program 
commitments--either as background, contextual factors, or as components 
of interventions or manipulations.
    Example 1: Research on how local policies in schools and other 
agencies restrict or facilitate the acquisition and use of assistive 
devices, and how professional development within the context of these 
policies can yield improved assistive technology services to better 
enable students to access school, home, and community environments.
    Example 2: Research on how local policies regarding curriculum and 
accountability can be revised to promote interdisciplinary professional 
collaboration in the effective use of technology, media and materials 
to enable students with disabilities to acquire high-level problem-
solving strategies.
    Example 3: Research on how policies and professional practices may 
contribute to inequitable access and use of technology, media and 
materials for some students with disabilities, and how the inequities 
can be reduced by means of policy and/or professional interventions to 
better enable students with disabilities to engage in beneficial 
educational experiences.
    (b) Conduct a program of collaborative research on the research 
topic.
    (c) Measure the effects of the intervention and relationships 
within and across the program commitments (1, 2, and 3).
    (d) Disseminate information on the findings of the collaborative 
research in a form conducive to use by other schools or service 
providers, as well as other researchers.
    (e) Coordinate their activities, as appropriate, with recipients of 
grants under the Technology-Related Assistance for Individuals with 
Disabilities Act (Pub. L. 100-407 as amended by Pub. L. 103-218).
    A project must budget for two trips annually to Washington, D.C., 
for (1) a two-day Research Project Directors' meeting; and (2) another 
meeting, to meet and collaborate with the project officer of the Office 
of Special Education Programs and the other projects funded under this 
priority, to share information and to discuss findings and joint 
methods of dissemination.
    For Further Information Contact: Ellen Schiller, U.S. Department of 
Education, Room 3523, Switzer Building, 600 Independence Avenue, S.W., 
Washington, D.C. 20202-2641. Telephone: (202) 205-8123. 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.
    Applicable Program Regulations: 34 CFR part 333.

    Program Authority: 20 U.S.C. 1461.

Program for Children and Youth With Serious Emotional Disturbance

    Purpose of Program: This program supports projects designed to 
improve special education and related services to children and youth 
with serious emotional disturbance. Types of projects that may be 
supported under the program include, but are not limited to, research, 
development, and demonstration projects. Funds may also be used to 
develop and demonstrate approaches to assist and prevent children with 
emotional and behavioral problems from developing serious emotional 
disturbance.

Priority

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

Proposed Absolute Priority--Nondiscriminatory, Culturally-Competent, 
Collaborative Demonstration Models To Improve Services for Students 
With Serious Emotional Disturbance and Prevention Services for Students 
With Emotional and Behavioral Problems

    Background: The rates of identification, placement, and achievement 
of children and youth with emotional and behavioral problems vary 
across racial, cultural, gender, and socioeconomic dimensions. For 
example, African-American students are most likely to be identified as 
students with serious emotional disturbance (SED). African-Americans 
comprise 16 percent of public school enrollment, but represent 22 
percent of all students identified with SED (based on data from the 
1990 OCR survey of school districts), and 25 percent of secondary 
students with SED (based on data from OSEP National Longitudinal 
Transition Study). Rates of SED identification for African-American 
students vary greatly across States but, on average, States with the 
lowest overall African-American enrollment have the highest SED 
incidence rates for those students and, conversely, States with the 
highest overall African-American enrollment have the lowest average 
rate of SED classification for these students (based on data from the 
1990 OCR survey of school districts). These data suggest that African-
American students may be over-represented in SED programs in some 
States, and underserved in others, and that some of these differences 
may be related to identification, evaluation, and placement methods 
that fail to recognize cultural differences.
    Diversity must be acknowledged and valued, and both prevention and 
SED service delivery systems must be culturally-competent. Cultural 
competencies represent the interpersonal skills and attitudes that 
enable individuals to increase their understanding and appreciation of 
the rich and fluid nature of culture and of differences and 
similarities within, among, and between cultures and individuals.
    Culturally-competent approaches recognize the cultural origins of 
teachers' and service providers' views, behaviors, and methods. These 
approaches also recognize that language and language use conventions 
are culturally based, and attend to the communicative styles of 
students and their families. Culturally-competent approaches address 
culturally-based definitions of family and networks. They view family 
and community as critical parts of a student's support system. Such 
approaches also demonstrate a willingness and ability to draw on 
community-based values, traditions, customs, and resources. Assessment, 
pre-referral, and preventive approaches that are culturally-competent 
and linguistically appropriate recognize and nurture the strengths--
individual and cultural--that students bring to school.
    There is a need to improve the capacity of individuals and systems 
to respond skillfully, respectfully, and effectively to students, 
families, teachers, and other providers in a manner that recognizes, 
affirms, and values their worth and dignity. To accomplish this, 
collaboration must be fostered--among families, professionals, 
students, and communities--to identify and provide culturally-competent 
services for students with SED and prevention services that address the 
needs of children and youth with emotional and behavioral problems.
    Priority: The Assistant Secretary establishes an absolute priority 
for demonstration projects that develop, implement, evaluate, and 
disseminate nondiscriminatory, culturally-competent, collaborative 
practices to prevent children with emotional and behavioral problems 
from developing SED, and to improve special education and related 
services for ethnic and cultural minority students, in the least 
restrictive environment. The projects must establish local, community-
based assessment, planning, prevention, and intervention teams that 
involve participation from education, mental health, juvenile justice 
agencies, other appropriate community service agencies, and 
organizations representing families. The first stage of each project 
must consist of the development and refinement of working agreements 
between the various community agencies and organizations, to identify 
approaches that improve the capacity of individuals and systems to 
respond skillfully, respectfully, and effectively to students, 
families, teachers, and other providers in a manner that recognizes, 
affirms, and values their worth and dignity.
    The first stage planning must include the collaborative 
consideration and development, by all participating groups, of non-
discriminatory, culturally-competent techniques that enhance the 
fairness and effectiveness of key service delivery elements, including 
but not necessarily limited to assessment, education, training, 
transition planning, and the provision of related services. The second 
stage of each project must consist of the implementation and evaluation 
of the services delivered, across service providers, followed by 
dissemination of the results.
    A project must budget for two trips annually to Washington, D.C., 
for (1) a two-day Research Project Directors' meeting; and (2) another 
meeting, to meet and collaborate with the OSEP project officer and the 
other projects funded under this priority, to share information and to 
discuss findings and methods of dissemination.
    For Further Information Contact: Tom V. Hanley, U.S. Department of 
Education, Switzer Building, Room 3526, 600 Independence Avenue, S.W., 
Washington, D.C. 20202-2641. Telephone: (202) 205-8110. Individuals who 
use a telecommunications device for the deaf 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.

Intergovernmental Review

    The Early Education Program for Children with Disabilities, the 
Technology, Educational Media, and Materials for Individuals with 
Disabilities Program and the Program for Children and Youth with 
Serious Emotional Disturbance are subject to the requirements of 
Executive Order 12372 and the regulations in 34 CFR part 79. The 
objective of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism by relying on processes 
developed by State and local governments for coordination and review of 
proposed Federal financial assistance.
    In accordance with the order, this document is intended to provide 
early notification of the Department's specific plans and actions for 
these programs.
    Applicable Program Regulations: 34 CFR part 309, 328, and 333.

(Catalog of Federal Domestic Assistance Numbers: Early Education 
Program for Children with Disabilities, 84.024; Technology, 
Educational Media, and Materials for Individuals with Disabilities 
Program, 84.180; and Program for Children and Youth with Serious 
Emotional Disturbance, 84.237)

    Dated: October 6, 1994.
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 94-25258 Filed 10-12-94; 8:45 am]
BILLING CODE 4000-01-P