[Federal Register Volume 60, Number 144 (Thursday, July 27, 1995)]
[Proposed Rules]
[Pages 38608-38609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18422]




[[Page 38607]]

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Part II





Department of Education





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34 CFR Part 371



Vocational Rehabilitation Service Projects for American Indians With 
Disabilities; Proposed Rule

  Federal Register / Vol. 60, No. 144 / Thursday, July 27, 1995 / 
Proposed Rules   

[[Page 38608]]


DEPARTMENT OF EDUCATION

34 CFR Part 371

RIN 1820-AB32


Vocational Rehabilitation Service Projects for American Indians 
With Disabilities

AGENCY: Department of Education.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Secretary proposes to amend the regulations implementing 
the Vocational Rehabilitation Service Projects for American Indians 
with Disabilities program authorized under Title I, Part D, section 130 
of the Rehabilitation Act of 1973, as amended (Act). Proposed changes 
are needed to implement section 130(b)(3) of the Act to provide greater 
funding continuity for tribal projects that are performing effectively 
by extending the normal 36-month project period for up to 24 additional 
months. Proposed changes are also needed to conform the purpose and 
outcome of the program, consistent with section 100(a)(2) of the Act as 
revised by the 1992 Amendments, from placement in suitable employment 
to placement in gainful employment consistent with individual 
strengths, resources, priorities, concerns, abilities, capabilities, 
and informed choice. The Secretary also invites public comment on 
whether other changes to existing program regulations are needed in 
order to clarify program requirements, reduce grantee burden, and 
increase program effectiveness and flexibility.

DATES: Comments must be received on or before September 11, 1995.

ADDRESSES: All comments concerning these proposed regulations should be 
addressed to Fredric K. Schroeder, Commissioner, Rehabilitation 
Services Administration, U.S. Department of Education, 600 Independence 
Avenue, SW., Room 3028, Mary E. Switzer Building, Washington, DC 20202-
2531. Comments may also be sent through the internet to 
``American____I[email protected]''.
    A copy of any comments that concern information collection 
requirements should also be sent to the Office of Management and Budget 
at the address listed in the Paperwork Reduction Act section of this 
preamble.

FOR FURTHER INFORMATION CONTACT: Barbara M. Sweeney, U.S. Department of 
Education, 600 Independence Avenue, SW., Room 3225 Mary E. Switzer 
Building, Washington, DC 20202-2575. Telephone: (202) 205-9544. 
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.

SUPPLEMENTARY INFORMATION: These proposed regulations would, in part, 
implement section 130(b)(3) of the Act, which authorizes the Secretary 
to prescribe regulations that would extend the project period for 
certain tribal projects beyond the maximum 36 months specified in the 
Act. The Secretary proposes to grant, on a case-by-case basis, 
extensions of up to 24 months to tribal projects that meet the 
requirements to be established in a new Sec. 371.5. In order to receive 
an extension of its project period, a tribal grantee must submit a 
written request for extension that contains an assurance of compliance 
with all program requirements and that provides satisfactory evidence 
that there is a continuing need for the project and that the project 
has been effective in meeting the rehabilitation needs of the American 
Indians it has served, including achieving employment outcomes that are 
consistent with individual strengths, resources, priorities, concerns, 
abilities, capabilities, and informed choice.
    In addition, the Secretary is particularly interested in whether 
other changes are needed in existing program regulations in order to 
clarify requirements, reduce grantee burden, and increase program 
flexibility and effectiveness. For example, Sec. 371.21 of the current 
regulations requires Indian tribes to provide evidence in their 
applications for grant assistance that they will comply, in carrying 
out their tribal projects, with certain State Vocational Rehabilitation 
(VR) Services Program requirements. These requirements include 
developing individualized written rehabilitation programs for each 
individual receiving services, providing an opportunity for 
dissatisfied service recipients to file grievances under procedures 
that are comparable to the fair hearing procedures required of State VR 
agencies, establishing minimum standards for providers of services 
comparable to those used by State VR agencies, and making an effort to 
provide a broad scope of VR services in a manner and at a level of 
quality comparable to the services provided by State VR agencies. Do 
these application requirements need to be clarified or revised in light 
of the changes made to the State VR Services Program by the 1992 
Amendments to the Act (for example, by requiring individual choice in 
the selection of VR services, goals, and providers) or because these 
requirements may be burdensome or unfeasible for a tribal VR project, 
especially a developing one? In what ways should tribal projects be 
comparable to VR programs administered by State VR agencies, other than 
providing comparable rehabilitation services to the extent feasible as 
required by section 130(b)(1)(B) of the Act? Should Federal regulations 
establish additional comparability requirements or should tribal 
applicants be given the flexibility in their funding proposals to 
describe how their projects would or would not be comparable and the 
reasons therefor?
    The Secretary also is interested in whether revisions are needed to 
the selection criteria for this program in Sec. 371.30 in order to 
better evaluate applications for funding.
    The program supports the National Education Goal that every adult 
American, including individuals with disabilities, will possess the 
knowledge and skills necessary to compete in a global economy and 
exercise the rights and responsibilities of citizenship.
Executive Order 12866

Clarity of the Regulations

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand.
    The Secretary invites comments on how to make these proposed 
regulations easier to understand, including answers to questions such 
as the following: (1) Are the requirements in the proposed regulations 
clearly stated? (2) Do the regulations contain technical terms or other 
wording that interferes with their clarity? (3) Does the format of the 
regulations (groupings and order of sections, use of headings, 
paragraphing, etc.) aid or reduce their clarity? Would the regulations 
be easier to understand if they were divided into more (but shorter) 
sections? (A ``section'' is preceded by the symbol ``Sec. '' and a 
numbered heading; for example, Sec. 371.5 What is the length of the 
project period under this program?) (4) Is the description of the 
regulations in the ``Supplementary Information'' section of this 
preamble helpful in understanding the regulations? How could this 
description be more helpful in making the regulations easier to 
understand? (5) What else could the Department do to make the 
regulations easier to understand?
    A copy of any comments that concern how the Department could make 
these proposed regulations easier to understand should be sent to 
Stanley M. Cohen, Regulations Quality Officer, U.S. Department of 
Education, 600 

[[Page 38609]]
Independence Avenue, SW. (Room 5121, FB-10B), Washington, D.C. 20202-
2241.

Regulatory Flexibility Act Certification

    The Secretary certifies that these proposed regulations would not 
have a significant economic impact on a substantial number of small 
entities.
    Because these proposed regulations would affect only Indian tribes 
and consortia of Indian tribes located on Federal or State 
reservations, the regulations would not have an impact on small 
entities. Indian tribes and consortia of Indian tribes are not defined 
as ``small entities'' in the Regulatory Flexibility Act.

Paperwork Reduction Act of 1980

    Section 371.5 contains information collection requirements. As 
required by the Paperwork Reduction Act of 1980, the Department of 
Education will submit a copy of this section to the Office of 
Management and Budget (OMB) for its review. (44 U.S.C. 3504(h))
    The governing bodies of Indian tribes and consortia of these 
governing bodies located on Federal and State reservations are eligible 
to apply for grants under these regulations. The Department needs and 
will use the information to give extensions of grants in which the 
original project period is ending. Annual public reporting burden for 
this collection of information is estimated to average 10 hours per 
response for around an average of 10 respondents each year, including 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information.
    Organizations and individuals desiring to submit comments on the 
information collection requirements should direct them to the Office of 
Information and Regulatory Affairs, OMB, Room 10235, New Executive 
Office Building, Washington, D.C. 20503; Attention: Laura Oliven.

Intergovernmental Review

    This program is not subject to the requirements of Executive Order 
12372 and the regulations in 34 CFR part 79.
Invitation to Comment

    Interested persons are invited to submit comments and 
recommendations regarding these proposed regulations.
    All comments submitted in response to these proposed regulations 
will be available for public inspection, during and after the comment 
period, in Room 3214 Switzer Building, 330 C Street, S.W., Washington 
D.C., between the hours of 8:30 a.m. and 4:00 p.m., Monday through 
Friday of each week except Federal holidays.

List of Subjects in 34 CFR Part 371

    Education, Grant programs--education, Vocational rehabilitation.

    Dated: July 19, 1995.
Howard R. Moses,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.

(Catalog of Federal Domestic Assistance Number: 84.250 Vocational 
Rehabilitation Service Projects for American Indians with 
Disabilities)

    The Secretary proposes to amend part 371 of title 34 of the Code of 
Federal Regulations as follows:

PART 371--VOCATIONAL REHABILITATION SERVICE PROJECTS FOR AMERICAN 
INDIANS WITH DISABILITIES

    1. The authority citation for part 371 continues to read as 
follows:

    Authority: 29 U.S.C. 711(c) and 750, unless otherwise noted.

    2. Section 371.1 is revised to read as follows:


Sec. 371.1  What is the Vocational Rehabilitation Services Program for 
American Indians with Disabilities?

    This program is designed to provide vocational rehabilitation 
services to American Indians with disabilities who reside on Federal or 
State reservations, consistent with their individual strengths, 
resources, priorities, concerns, abilities, capabilities, and informed 
choice, so that they may prepare for and engage in gainful employment.

(Authority: Secs. 100(a)(2) and 130(a) of the Act; 29 U.S.C. 
720(a)(2) and 750(a))

    3. A new Sec. 371.5 is added to subpart A to read as follows:


Sec. 371.5  What is the length of the project period under this 
program?

    (a) The Secretary approves a project period of up to three years.
    (b) The Secretary may extend a grant for up to two additional years 
if the grantee includes in its extension request--
    (1) An assurance that the project is in compliance with all 
applicable program requirements; and
    (2) Satisfactory evidence that--
    (i) The project has made substantial and measurable progress in 
meeting the needs of American Indians with disabilities on the 
reservation or reservations it serves;
    (ii) American Indians with disabilities who have received project 
services have achieved employment outcomes consistent with their 
strengths, resources, priorities, concerns, abilities, capabilities, 
and informed choice; and
    (iii) There is a continuing need for the project.

(Authority: Section 130(b)(3) of the Act; 29 U.S.C. 750(b)(3))

[FR Doc. 95-18422 Filed 7-26-95; 8:45 am]
BILLING CODE 4000-01-P