[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Rules and Regulations]
[Pages 58136-58137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28744]




[[Page 58135]]

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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; Final Rule

  Federal Register / Vol. 60, No. 226 / Friday, November 24, 1995 / 
Rules and Regulations   

[[Page 58136]]


DEPARTMENT OF EDUCATION

34 CFR Part 371

RIN 1820-AB32


Vocational Rehabilitation Service Projects for American Indians 
With Disabilities

AGENCY: Department of Education.

ACTION: Final regulations.

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SUMMARY: The Secretary amends 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). 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. 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.

EFFECTIVE DATE: These regulations take effect December 26, 1995.

FOR FURTHER INFORMATION CONTACT: Barbara M. Sweeney, U.S. Department of 
Education, 600 Independence Avenue, S.W., Room 3225, Mary E. Switzer 
Building, Washington, D.C. 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 regulations implement, in part, 
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 may grant, on a case-by-case basis, extensions of up to 24 
months to tribal projects that meet the requirements 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.
    The program supports the National Education Goal that, by the year 
2000, 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.
    On July 27, 1995, the Secretary published a notice of proposed 
rulemaking (NPRM) for this program in the Federal Register (60 FR 
38608). Except for minor editorial and technical revisions, there are 
no differences between the NPRM and these final regulations.

Analysis of Comments and Changes

    In response to the Secretary's invitation in the NPRM, 26 parties 
submitted comments on the proposed regulations. An analysis of the 
comments and of the changes in the regulations since publication of the 
NPRM follows. The comments have been grouped according to subject, with 
appropriate sections of the regulations referenced in parentheses.
    Technical and other minor changes--and suggested changes the 
Secretary is not legally authorized to make under the applicable 
statutory authority--are not addressed.

Gainful Employment (Section 371.1)

    Comments: Twelve parties commented on the proposed change of the 
purpose and outcome of the program from placement in suitable 
employment to placement in gainful employment consistent with 
individual strengths, resources, priorities, concerns, abilities, 
capabilities, and informed choice. All twelve parties requested that 
the term ``suitable employment'' be retained. Some of these commenters 
were concerned that ``gainful employment'' was synonymous with 
competitive employment and would require that individuals be placed in 
jobs paying at least the minimum wage. Competitive employment 
opportunities, according to these commenters, might not be available on 
many reservations, thus forcing some individuals to leave the 
reservation to achieve this kind of employment goal. Other commenters 
were concerned that this change would lessen individual choice in the 
selection of a vocational goal and would preclude certain kinds of 
employment outcomes, such as subsistence employment or placement in a 
small family-operated business, that are available on reservations, 
culturally appropriate, and meet individual needs.
    Discussion: This change in the regulations is necessary to conform 
the purpose and outcome of the program with new legislative language in 
section 100(a)(2) of the Act. This change does not restrict the range 
of employment outcomes that are permissible under the program, which 
continue to include, as appropriate to the needs of the individual, 
outcomes such as supported employment, self-employment, extended 
employment, homemaker, or farm or family work for which payment may be 
in kind rather than cash. The Secretary interprets the term ``gainful 
employment'' to be any employment outcome that is consistent with 
individual strengths, resources, priorities, concerns, abilities, 
capabilities, and informed choice. ``Gainful employment'' is not 
synonymous with competitive employment; the term includes, but is not 
limited to, competitive employment. The Secretary believes that the new 
legislative language, as reflected in the regulations, strengthens 
consumer choice of a vocational goal under the program rather than 
diminishing it as some commenters feared.
    Changes: None.

Length of the Project Period (Section 371.5)

    Comments: There were thirteen comments received on the proposed 
extension of the normal 36-month project period for up to 24 additional 
months and on the requirements for submitting an extension request. All 
commenters supported the proposal to extend the project period. There 
were no comments proposing any changes to the content requirements of 
an extension request.
    Discussion: None.
    Changes: None.

Intergovernmental Review

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

List of Subjects in 34 CFR Part 371

    Education, Grant programs--education, Vocational rehabilitation, 
Reporting and recordkeeping requirements.

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


[[Page 58137]]

    Dated: November 20, 1995.
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services.

    The Secretary amends 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.

(Approved by the Office of Management and Budget under control 
number 1820-0018.)

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

[FR Doc. 95-28744 Filed 11-22-95; 8:45 am]
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