[Federal Register Volume 59, Number 214 (Monday, November 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27456]


[[Page Unknown]]

[Federal Register: November 7, 1994]


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Part III





Department of Education





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Educational Media Research, Production, Distribution, and Training 
Programs; Notice
DEPARTMENT OF EDUCATION

 
Educational Media Research, Production, Distribution, and 
Training Program

AGENCY: Department of Education.

ACTION: Notice of final funding priorities.

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SUMMARY: The Secretary announces funding priorities for fiscal year 
1995 and subsequent years under the Educational Media Research, 
Production, Distribution, and Training Program. The Secretary takes 
this action to focus Federal financial assistance on those areas of 
greatest need. These priorities are intended to ensure the continued 
availability of closed-captioned daytime television programming, 
provide cultural experiences to deaf and hard of hearing individuals, 
continue to provide educational books on audiotapes to people who are 
visually or print disabled, continue the operation of the captioned 
films and video distribution system, and support video description of 
national television programming.

EFFECTIVE DATES: These priorities take effect on December 7, 1994.

FOR FURTHER INFORMATION CONTACT: Ernest E. Hairston, U.S. Department of 
Education, 600 Independence Avenue, S.W., Switzer Building, Room 4629, 
Washington, D.C. 20202-2731. Telephone: (202) 205-9172; Individuals who 
use a telecommunications devices for the deaf (TDD) may call (202) 205-
8169; or the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern time, Monday through Friday.

SUPPLEMENTARY INFORMATION: This notice contains five priorities under 
the Educational Media Research, Production, Distribution, and Training 
Program authorized under Part F of the Individuals with Disabilities 
Education Act (IDEA). The purposes of the program are to promote the 
general welfare of deaf and hard of hearing individuals and individuals 
with visual impairments, and to promote the educational advancement of 
individuals with disabilities.
    The priorities in this notice would ensure the continued 
availability of closed-captioned daytime television programming. In 
addition, the priorities would support activities that provide cultural 
experiences to enrich the lives of deaf and hard-of-hearing 
individuals, including children and youth, as well as adults. The 
priorities would provide educational reading materials and textbooks on 
audiotape to persons who are visually or print disabled.
    Additional priorities would support a captioned films and videos 
distribution system to provide hearing impaired and other qualified 
individuals with access to captioned educational and general interest 
films and videos on a nonprofit free loan basis, and video description 
of national television programming in order to make television more 
accessible to persons with visual impairments.
    This program supports the National Education Goals by assisting 
those with disabilities in school readiness and adult literacy.
    On July 28, 1994 the Secretary published a notice of proposed 
priorities in the Federal Register (59 FR 38516).

    Note: This notice of final priorities does not solicit 
applications. A notice inviting applications under these 
competitions is published in a separate notice 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, seven parties submitted comments. An analysis of the 
comments and of changes in the priorities since publication of the 
notice of the proposed priorities follows. Technical and other minor 
changes--and suggested changes the Secretary is not legally authorized 
to make under applicable statutory authority--are not addressed.

General

    Comment: Three commenters expressed general support for all of the 
proposed priorities. Two of the three had additional comments as 
follows under respective priorities.

Proposed Absolute Priority 1--Closed-Captioned Daytime Television 
Programs

    Comment: One commenter suggested that the priority for Closed-
Captioned Daytime Television Programs be modified to require by law 
that television networks caption all television programming.
    Discussion: Priorities cannot be used to impose mandates on third 
parties such as television networks.
    Changes: None.
    Comment: One commenter suggested that private sector support for 
daytime programming should be required while another commenter 
indicated that a targeted level of private sector funding should not be 
required for the first project year.
    Discussion: The Secretary cannot require private sector funding for 
captioning of television programming. However, projects are encouraged 
to seek any support that might become available.
    Changes: None.
    Comment: One commenter expressed a concern that the priority should 
be defined in such a way as to not give undue competitive advantage to 
nonprofit organizations.
    Discussion: The priority as written gives no competitive advantage 
to nonprofit organizations.
    Changes: None.
    Comment: One commenter indicated that significant weight should be 
given to consumer preference and how effectively that preference is 
measured.
    Discussion: The Secretary acknowledges the importance of consumer 
preference and believes that the issue of consumer preference is 
adequately addressed in the priority.
    Changes: None.
    Comment: One commenter expressed a concern that cost-effectiveness 
should be weighed heavily in the criteria.
    Discussion: The Secretary believes that sufficient weight is given 
to cost effectiveness.
    Changes: None.
    Comment: One commenter indicated an interest in support for closed-
captioned basic cable television programming.
    Discussion: The Secretary recognizes the importance of access to 
programs shown on local stations, national commercial and public 
broadcast networks, as well as syndicated and cable programs shown 
nationally. In making awards the Secretary will continue to support the 
closed-captioning of basic cable television programming under existing 
priorities.
    Change: The priority has been clarified by adding the word 
``cable'' to part (6) of the project requirements.
    (6) Demonstrate the willingness of major national television 
networks and cable companies to permit captioning of their programs; 
and
    Comment: One commenter urged the Department to make more than one 
award in order to generate private section support.
    Discussion: In announcing proposed priorities, the Secretary does 
not establish numbers of awards for projects. Information about 
anticipated number of awards will be provided when the Secretary 
invites applications for specific competitions.
    Changes: None.

Proposed Absolute Priority 2--Cultural Experience for Deaf and Hard of 
Hearing Individuals

    Comment: Two commenters jointly recommended that the priority be 
expanded to include both school and community based educational 
interventions.
    Discussion: The Secretary acknowledges the value of intervention at 
the school and community levels. The Secretary believes that this topic 
should be addressed under other IDEA program authorities.
    Changes: None.

Proposed Absolute Priority 3--Captioned Films and Video Distribution 
System

    Comment: One commenter suggested that distribution, outreach and 
circulation methods incorporate recommendations which grow out of the 
soon-to-be awarded Department of Education grant to hold a symposium on 
the future of captioning.
    Discussion: The Secretary deems it improper to mention 
recommendations that are yet to be made.
    Changes: None.
    Comment: One commenter suggested that the annual meeting of 
depository managers and other related personnel should include 
representatives from the major educational media distribution 
companies.
    Discussion: The Secretary appreciates the commenter's suggestion. 
Although not a requirement under this priority, the Secretary 
encourages applicants to consider this as a viable option.
    Changes: None.
    Comment: One commenter proposed that the priorities include a 
mandate to study alternative Captioned Films and Video (CFV) catalog 
and delivery systems, and that a national survey of consumer needs be 
conducted.
    Discussion: The Secretary agrees that a study of alternative 
approaches and strategies is important to assure that we are making 
best use of our resources in serving our constituents. We expect that 
recommendations from the upcoming symposium on the future of captioning 
will provide us with suggested alternate approaches as information on 
consumer needs.
    Changes: None.
    Comment: One commenter proposed that a study be required to explore 
ways in which the CFV catalog might also incorporate information 
regarding captioned materials available from sources other than the CFV 
network.
    Discussion: It is not the intent of this priority to advertise 
materials other than those we distribute through the CFV program.
    Changes: None.

Proposed Absolute Priority 4--Recorded Audio Cassettes for Visually and 
Print Disabled Students

    Comment: One commenter proposed that the priority be expanded to 
include the research and development, production, and distribution of 
books in computerized form (electronic digital text files). The 
commenter also suggested that the priority consider for funding the 
``establishment of a national Clearinghouse for post-secondary 
education materials in audio and digital text form'' and the 
``establishment of a national repository of electronic text files for 
accessible text format.''
    Discussion: The suggested activities go beyond the purpose of the 
priority announced under section 652(d) of IDEA and are not included 
within the activities authorized under this section.
    Changes: None.
    Comment: The commenter suggested inserting professional as one of 
the classifications under ``students'' to be served.
    Discussion: The Secretary feels that by adding professionals to the 
population of students to be served under this priority would be going 
beyond the intent of this project, as originally visioned.
    Change: None.

Proposed Absolute Priority 5--Video Description Project

    Comment: One commenter recommended that funds be made available for 
the description of programming designed specifically for classroom 
instruction or broadcast programs, particularly documentaries, that 
will be distributed to educational institutions.
    Discussion: The Secretary believes that general access to national 
television programming is of greater importance at this time. However, 
the type of programs to be described under this priority may include 
programming that can be used for classrooms.
    Changes: None.
    Comment: One commenter suggested that the Department should 
encourage distribution of video described programming through public 
and educational libraries.
    Discussion: The Department believes that the most effective use of 
resources is to concentrate on national television programming at this 
time.
    Changes: None.
    Comment: One commenter expressed the concern that outreach was not 
identified as an important goal in the priority for video description.
    Discussion: The Secretary agrees that outreach (marketing and 
dissemination) is a necessary component to approved projects for video 
description. All applications submitted to the Secretary under this 
priority are evaluated under the established evaluation criteria at 34 
CFR 332.32, which includes information related to marketing and 
dissemination.
    Changes: None.
    Comment: One commenter suggested that private sector support for 
video description should be encouraged but not required.
    Discussion: The Secretary recognizes the importance of private 
sector support, although he cannot require it in this priority.
    Changes: None.

Priorities

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

Absolute Priority 1--Closed-Captioned Daytime Television Programs

Background
    This priority would continue and expand closed-captioning of a 
variety of daytime television programs broadcast nationally for persons 
who are deaf or hard of hearing during this segment of the day that has 
proven to be the most difficult in terms of private sector support.
    Priority: To be considered for funding under this priority, a 
project must--
    (1) Include the criteria used to determine which programs are 
proposed for captioning. These criteria must take into account the 
preference of consumers for particular programs, the diversity of 
programming available, and the contribution of programs to the general 
educational and cultural experiences of individuals with hearing 
impairments;
    (2) Determine the total number of hours and the projected cost per 
hour for each program to be captioned;
    (3) For each proposed program to be captioned, identify the source 
of private or other public support and the projected dollar amount of 
that support;
    (4) Identify the methods of captioning to be used for each hour and 
the projected cost per hour for each method used;
    (5) Provide and maintain back-up systems that would ensure 
successful, timely captioning service;
    (6) Demonstrate the willingness of major national television 
networks and cable companies to permit captioning of their programs; 
and
    (7) Implement procedures for monitoring the extent to which full 
and accurate captioning is provided and use this information to make 
refinements in captioning operations.

Absolute Priority 2--Cultural Experiences for Deaf and Hard of Hearing 
Individuals

Background
    This priority supports a variety of cultural activities designed to 
enrich the lives of deaf and hard of hearing individuals, including 
children and youth, as well as adults. These activities must use an 
integrated approach that mixes children, youth, and adults, who are 
deaf and hard of hearing with those who can hear while conducting 
cultural experiences that will increase public awareness and 
understanding of deafness and other hearing impairments and of the 
artistic and intellectual achievements of deaf and hard of hearing 
individuals.
    During FY 1992 the Department funded projects that: (1) Provided 
theatrical experiences for deaf and hard of hearing individuals, and 
(2) used integrated approaches by having among cast members a mixture 
of deaf, hard of hearing and hearing performers. During FY 1993 
cultural experiences were extended specifically to younger people with 
hearing impairments and to the creation of art as well as theatrical 
experiences, using the same approaches. Projects under this proposed 
priority can include a variety of artistic approaches such as the 
creation of works of art (painting, drawing, designing, etc.), dance, 
and storytelling, as well as developing and performing dramatic 
productions. A grantee may not use funds under this priority for 
passive activities such as viewing a play or video, or passively 
watching a storyteller or artist at work.
Priority
    To be considered for funding under this priority, a project must--
    (1) Use an integrated approach that mixes children, youth, and 
adults who are deaf and hard of hearing, with those who are hearing in 
carrying out project activities; and
    (2) Develop and implement strategies that will increase public 
awareness and understanding of deafness and other hearing impairments 
and of the artistic and intellectual achievements of deaf and hard of 
hearing individuals, including children, youth, and adults. Outreach 
activities such as promoting the project to schools, community 
organizations, news media, and relevant national organizations are 
encouraged.
Invitational Priority
    Within this absolute priority 2, the Secretary is particularly 
interested in applications that meet the following invitational 
priority. However, pursuant to 34 CFR 75.105(c)(i), an application that 
meets this invitational priority does not receive competitive or 
absolute preference over applications that do not meet this priority:
    Projects that include people from a variety of cultural, racial, 
and ethnic backgrounds.

Absolute Priority 3--Captioned Films and Videos Distribution System

Background
    This priority would support the operation of a captioned films/
videos distribution system which provides deaf and hard of hearing 
individuals, as well as other eligible individuals with disabilities, 
with access to captioned educational and general interest films and 
videos on a nonprofit free-loan basis. Activities under this priority 
include, but are not limited to: (1) A computerized user-registration 
process; (2) circulation of captioned films and videos; (3) development 
or updating of a catalog of captioned films and videos in the 
collection; and (4) outreach activities. This priority would provide 
students and other eligible individuals with disabilities with 
captioned films and videos so they may benefit from the same 
educational media used to enrich the educational experiences of 
students and other individuals who do not have disabilities.
Priority
    To be considered for funding under this priority, the project 
must--
    (1) Develop strategies and procedures to be implemented in 
operating a distribution system, consisting of local and regional 
centers including depositories, and one central general interest and 
educational films/video center. Local and regional centers may include 
State schools for disabled individuals, public or private school 
systems, public libraries, colleges or universities, or other 
distribution points that distribute captioned films/videos.
    (2) Ensure that the system permits interdepository circulation of 
captioned films/videos, allows individuals, depositories, and local and 
regional centers to access booking information from the computerized 
depositories and the general interest and educational films/video 
center via modem and generic communication software, and provides 
immediate confirmation or denial of a request;
    (3) Establish and describe the computerized registration procedures 
that will be used to register users. The current computerized system 
configuration may be used as a basis;
    (4) Develop and implement criteria and procedures for replacing 
irreparable films/videos;
    (5) Prepare, update, and distribute copies of a catalog listing all 
captioned films/videos available under this project, including copies 
of the lesson guides as they become available;
    (6) Convene an annual meeting of depository managers, librarians, 
and audiovisual and other personnel from local, regional, and State 
education agencies for the purpose of training, planning, sharing, 
brainstorming, and other activities related to improving the access of 
eligible individuals to audiovisual materials. The Washington, D.C. 
metropolitan area will be the site of the meeting;
    (7) Implement outreach activities, especially activities that reach 
out to local school systems to make them aware of the open and closed 
captioned materials that are available to them under this program and 
from other sources; and
    (8) Submit quarterly progress reports to the grants and project 
officers.

Absolute Priority 4--Recorded Audio Cassettes for Visually and Print 
Disabled Students

Background
    This priority would support recording, producing, duplicating, and 
distributing 15/16 ips (inch per second) four-track cassette versions 
of textbooks and other educational reading materials for students 
(elementary, secondary, postsecondary & graduate) who are visually or 
print disabled. These cassette tapes will help provide equal 
educational opportunities to target students and lessen some of the 
barriers they face in classrooms.
Priority
    To be considered for funding under this priority, the project 
must--
    (1) Handle all requests for materials, including confirmation of 
eligibility by disability;
    (2) Arrange for use of copyrights from publishers of supplied 
textbooks;
    (3) Record or duplicate the books on 15/16 ips (inch per second), 
four-track cassettes of one hour per track recording time. (Publishers 
must be provided rights to copies of the master tape and rights to 
market the cassettes as they see fit);
    (4) Mail the cassettes on a free-loan, postage paid basis;
    (5) Handle returned cassettes, preservative re-recording, and all 
other associated administrative and circulation functions; and
    (6) To the extent that funds are not sufficient to meet the demand 
for free materials, place a priority on providing free materials that 
are not otherwise required to be provided by educational agencies or 
institutions.

Absolute Priority 5--Video Description Project

Background
    This priority supports the description of national television 
programming in order to make television more accessible to persons with 
visual impairments. The intent of this priority is to provide access to 
a diversity of programming available in order to enhance shared 
educational, social, and cultural experiences for persons who are 
visually impaired. The range of programs proposed for description may 
include, but is not limited to, children's programs, prime time 
programming, emergency broadcasts, sports programs, and documentaries.
Priority
    To be considered for funding under this priority, a project must--
    (1) For selecting programs to be video described, include criteria 
that take into account the preference of consumers for particular 
programs, the diversity of programming available, and the contribution 
of programs to the general educational, social, and cultural experience 
of individuals with visual impairments;
    (2) Determine the total number of hours and the projected cost per 
hour for each program to be described;
    (3) For each program to be described, identify the source of 
private or other public support, if any, and the projected dollar 
amount of that support;
    (4) Identify the methods to be used in the provision of described 
video;
    (5) Demonstrate the willingness of major national television 
networks and cable companies to permit video description of their 
programs; and
    (6) Implement procedures for monitoring the extent to which an 
accurate description is provided and use this information to make 
refinements in the video description operations.

Intergovernmental Review

    This program is 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 
this program.
    Applicable Program Regulations 34 CFR Parts 330, 331, and 332.

    Program Authority: 20 U.S.C. 1451, 1452.

    Dated: November 1, 1994.
Howard R. Moses,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.

(Catalogue of Federal Domestic Assistance Number: 84.026, 
Educational Media Research, Production, Distribution, and Training 
Program)
[FR Doc. 94-27456; Filed 11-4-94; 8:45 am]
BILLING CODE 4000-01-P