[Federal Register Volume 60, Number 238 (Tuesday, December 12, 1995)]
[Notices]
[Pages 63866-63868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30128]




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Part IV





Department of Education





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National Institute on Disability and Rehabilitation Research; Knowledge 
Dissemination and Utilization Program; Notices

  Federal Register / Vol. 60, No. 238 / Tuesday, December 12, 1995 / 
Notices   

[[Page 63866]]


DEPARTMENT OF EDUCATION


National Institute on Disability and Rehabilitation Research

AGENCY: Department of Education.

ACTION: Notice of Final Funding Priority for Fiscal Years 1996-1997 for 
the Knowledge Dissemination and Utilization Program.

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SUMMARY: The Secretary announces a final funding priority for the 
Knowledge Dissemination and Utilization (D&U) Program under the 
National Institute on Disability and Rehabilitation Research (NIDRR) 
for fiscal years 1996-1997. The Secretary takes this action to ensure 
that rehabilitation knowledge generated from projects and centers 
funded by NIDRR and others is utilized fully to improve the lives of 
individuals with disabilities and their families.

EFFECTIVE DATE: This priority takes effect on January 11, 1996.

FOR FURTHER INFORMATION CONTACT: David Esquith, U.S. Department of 
Education, 600 Independence Avenue, S.W., Switzer Building, Room 3424, 
Washington, D.C. 20202-2601. Telephone: (202) 205-8801. Individuals who 
use a telecommunications device for the deaf (TDD) may call the TDD 
number at (202) 205-8133.

SUPPLEMENTARY INFORMATION: This notice contains a final priority to 
establish ten regional Disability and Business Technical Assistance 
Centers.
    Authority for the D&U program of NIDRR is contained in sections 202 
and 204(a) and 204(b)(6) of the Rehabilitation Act of l973, as amended 
(29 U.S.C. 760-762). Under this program the Secretary makes awards to 
public and private agencies and organizations, including institutions 
of higher education and Indian tribes or tribal organizations.
    This final priority supports the National Education Goal calling 
for all Americans to possess the knowledge and skills necessary to 
compete in a global economy and exercise the rights and 
responsibilities of citizenship.
    Under the regulations for this program (see 34 CFR 355.32) the 
Secretary may establish research priorities by reserving funds to 
support particular research activities.
    On July 24, 1995, the Secretary published a notice of a proposed 
priority in the Federal Register (59 FR 46300). The Department of 
Education received thirty-five letters commenting on the proposed 
priority. Modifications were made to the priority as a result of those 
comments. The comments, and the Secretary's responses, are discussed in 
an appendix to this notice.

    Note: This notice of final priority does not solicit 
applications. A notice inviting applications under this competition 
will be published in the Federal Register concurrent with or 
following publication of the notice of final priority.

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 program only applications that meet this 
absolute priority:

Priority: Regional Disability and Business Technical Assistance Centers

    Background: Public Law 101-336, the Americans with Disabilities Act 
(ADA), enacted on July 26, 1990, prohibits discrimination against 
individuals with disabilities in employment, public accommodations, 
transportation, State and local government, and telecommunications. 
Because of NIDRR's experience and support of information dissemination 
and technical assistance, and its support of research and demonstration 
efforts to promote employment and independence for individuals with 
disabilities, Congress directed NIDRR to use FY 1991 funds to establish 
a technical assistance program to further the successful implementation 
of the ADA. In October of 1991, NIDRR awarded grants to establish ten 
regional Disability and Business Technical Assistance Centers (DBTACs), 
previously referred to as Regional Disability and Business 
Accommodation Centers), for five years. There is one DBTAC in each of 
the ten Department of Education regions. The final funding priority for 
the original DBTACs is contained in the Federal Register of August 13, 
1991, Vol.5, No.156, page 40168.
    Covered entities and individuals with responsibilities and rights 
under the ADA continue to need technical assistance on the ADA. The ADA 
is a complex and relatively new civil rights statute. Many covered 
entities may be unaware of the basic requirements of the law or 
unfamiliar with legal precedents or policy guidance being issued by 
Federal agencies. According to a recent General Accounting Office (GAO) 
Report, ``[GAO] observed steady improvement in both accessibility and 
awareness during the initial 15 months that the ADA was in effect. 
However, enough areas of concern remain to suggest a need for 
continuing educational outreach and technical assistance to business 
and government agencies...'' (U.S. General Accounting Office, Americans 
with Disabilities Act: Effects of the Law on Access to Goods and 
Services (GAO/PEMD-94-14; June 21, 1994).
    The DBTACs provide a wide range of technical assistance services 
such as referrals, consultation, and facility surveys. The DBTACs 
provide training to individuals and entities with responsibilities and 
rights under the ADA and disseminate information on the ADA through 
such methods as distributing materials that have been created or 
reviewed and approved by Federal agencies, issuing newsletters and 
information briefs, and participating in discussion groups on the 
INTERNET. In addition, the DBTACs carry out public awareness activities 
on the ADA and the services provided by the DBTACs and other NIDRR ADA 
grantees through a variety of means including, but not limited to, the 
use of public service announcements, radio and television appearances, 
presentations at conferences, and the publication of newspaper and 
magazine articles.
    In order to tailor their efforts to State and local needs and 
maximize their resources, DBTACs increase the capacity of State and 
local organizations to provide technical assistance, disseminate 
information, provide training, and promote awareness of the ADA. The 
DBTACs have established at least one affiliate in every State. The 
State affiliates carry out their activities in collaboration with 
coalitions of organizations interested in promoting the implementation 
of the ADA. In addition, the DBTACs provide support to and collaborate 
with Centers for Independent Living (CILs) in each region to increase 
the capacity of CILs to promote the successful implementation of the 
ADA through the provision of technical assistance and training.
    In FY 1994 the DBTACs fielded over 75,700 ADA-related telephone 
inquiries, made 13,764 referrals, distributed almost 700,000 
publications, engaged in over 4,600 different types of public awareness 
and outreach activities such as public speeches, TV and radio 
appearances, newspaper interviews, and public workshops, and trained 
approximately 54,000 individuals with responsibilities and rights under 
the ADA.
    The DBTACs rely to the maximum extent possible on existing 
Federally-approved materials, and, through a systematic process of 
quality control, ensure the legal sufficiency and accuracy of the 
information disseminated by the Centers and their affiliates. All of 
the materials that the DBTACs distribute are available in 

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alternate formats and DBTAC services and activities are accessible to 
all individuals with disabilities. The DBTACs share a national toll-
free 800 telephone number that automatically connects the caller with 
the DBTAC serving the caller's area code. The DBTACs participate in a 
discussion group on an electronic bulletin board operated by Project 
Enable at the University of West Virginia to share information and 
discuss answers to technical questions. The DBTACs meet semi-annually 
to coordinate their activities and receive briefings from Federal 
agencies with responsibilities under the ADA.
    Priority: The Secretary will establish a Regional Disability and 
Business Technical Assistance Center in each Department of Education 
region to facilitate implementation of the ADA by: (1) Providing 
technical assistance, disseminating information, and providing training 
to individuals or entities with responsibilities and rights under the 
Act on the requirements of the ADA and developments in ADA case law, 
policy and implementation; (2) increasing the capacity of 
organizations, including Centers for Independent Living, at the State 
and local level to provide technical assistance, disseminate 
information, provide training, and promote awareness of the ADA; and 
(3) promoting awareness of the ADA and the availability of services 
provided by the DBTACs, and other NIDRR ADA grantees, and other Federal 
information sources on the ADA.
    In carrying out the objectives of the priority each DBTAC shall:
     Involve individuals with disabilities, parents or other 
family members of individuals with disabilities, in all phases of the 
design and operation of the DBTAC to the maximum extent possible;
     Cooperate and coordinate its activities with other NIDRR 
ADA technical assistance projects as well as Federal agencies 
including, but not limited to, the Department of Justice, the Equal 
Employment Opportunity Commission, the Department of Transportation, 
the Federal Communications Commission, the Access Board, the Department 
of Education's Office for Civil Rights, the Rehabilitation Services 
Administration, the President's Committee on Employment of Persons with 
Disabilities, and the National Council on Disability;
     Provide performance accountability data on a monthly and 
annual basis as requested by NIDRR; and
     Distribute services and resources equitably--taking into 
account population and size--among each State in its region.
    Applicable Program Regulations: 34 CFR Parts 350 and 355.

    Program Authority: 29 U.S.C. 760-762.

(Catalog of Federal Domestic Assistance Number 84.133D, Knowledge 
Dissemination and Utilization Program)

    Dated: December 6, 1995.
Howard R. Moses,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.

Appendix

Analysis of Comments and Changes

    By the deadline date, the Department received thirty-five 
comments in response to the proposed priority. Eleven additional 
comments were received after the deadline date and were not 
considered in this response. All thirty-five letters supported the 
priority. This Appendix contains an analysis of the comments and the 
changes in the priority since the publication of the notice of 
proposed priority. Technical and other minor changes--and suggested 
changes the Secretary is not legally authorized to make under 
applicable statutory authority--are not addressed.

Priority: Regional Disability and Business Technical Assistance 
Centers

    Comment: One commenter noted that while the priority indicates 
that the DBTACs trained approximately 54,000 individuals in FY 1994, 
training is not included among the list of services provided by the 
DBTACs in the Background section.
    Discussion: The Secretary agrees that training should be 
included in the Background section of the priority in the list of 
services provided by the DBTACs.
    Changes: The Background section has been revised to indicate 
that the DBTACs provide training to individuals and entities with 
responsibilities and rights under the ADA.
    Comment: Two commenters pointed out that the current DBTACs meet 
semi-annually and submit data for an annual report that NIDRR issues 
on its ADA technical assistance program. The commenters recommended 
including these activities in the priority for planning purposes.
    Discussion: NIDRR plans to continue with semi-annual meetings 
and to issue an annual report on the ADA technical assistance 
program. The Secretary agrees to include the semi-annual meetings 
and the submission of annual performance data in the priority.
    Changes: The Background section has been revised to indicate 
that the DBTACs meet semi-annually to coordinate their activities 
and receive briefings from Federal agencies with responsibilities 
under the ADA. In addition, the priority has been revised to require 
that the DBTACs submit annual performance data.
    Comment: One commenter suggested emphasizing minority outreach 
activities. A second commenter recommended requiring the DBTACs to 
address the needs of cultural and linguistic minorities.
    Discussion: The Secretary believes that is important for the 
DBTACs to address the needs of underserved populations. The 
Secretary points out that under 34 CFR part 350.21, an applicant for 
assistance under the Knowledge Dissemination and Utilization program 
must demonstrate how it will address, in whole or in part, the needs 
of individuals with disabilities from minority backgrounds. This 
requirement applies to cultural and linguistic minorities.
    Changes: None.
    Comment: One commenter suggested requiring applicants to specify 
how their grant funds will be distributed to each State in the 
region in order to address the equitable distribution of the DBTAC's 
resources.
    Discussion: The Secretary agrees with the commenter's purpose. 
However, the Secretary believes that the commenter's suggestion may 
be an administrative burden that relies too heavily on allocation of 
funds to determine equitable distribution of services. The Secretary 
believes that the requirement to distribute resources and financial 
support equitably among the States in the region should be based on 
factors such as population and geographic size and extended to all 
of a DBTAC's activities. The Secretary believes that each applicant 
should be provided with the discretion to propose how it will meet 
this requirement.
    Changes: The priority has been revised to require each DBTAC to 
distribute services and resources equitably--taking into account 
population and size--among each State in its region.
    Comment: One commenter recommended increasing the emphasis on 
interaction between the DBTACs and Federal agencies responsible for 
the enforcement of the ADA. A second commenter recommended requiring 
the DBTACs to coordinate services and resources with the National 
Council on Disability.
    Discussion: The Secretary agrees that communication between the 
DBTACs and Federal agencies with administrative responsibilities 
under the ADA is imperative. The Secretary points out that the 
priority requires the DBTACs to cooperate and coordinate their 
activities with Federal agencies including, but not limited to, the 
Department of Justice, the Equal Employment Opportunity Commission, 
the Department of Transportation, and the Federal Communications 
Commission, the Access Board, the Department of Education's Office 
for Civil Rights, the Rehabilitation Services Administration, and 
the President's Committee on Employment of Persons with 
Disabilities. The Secretary agrees that the National Council on 
Disability should be added to this list of Federal agencies, but 
does not believe any further requirements are necessary.
    Changes: The National Council on Disability has been added to 
the list of Federal agencies for coordination purposes.
    Comment: One commenter recommended emphasizing collaboration 
between the DBTACs and the business community, labor associations, 
and State and local governments, including State associations of 
mayors and counties. Another commenter recommended that the priority 
include 

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States' Protection and Advocacy Systems as potential collaborators for 
the DBTACs.
    Discussion: The Secretary believes that the types of 
collaborative relationships suggested by both commenters could be 
valuable and expects the DBTACs to work with all types of entities 
with rights and responsibilities under the ADA. However, the 
Secretary prefers to provide applicants with the discretion to 
propose those collaborative relationships that the applicant 
believes would be appropriate for the States in their region.
    Changes: None.
    Comment: One commenter recommended focusing the efforts of the 
DBTAC's capacity-building activities on the business community.
    Discussion: The capacity-building requirement in the priority 
refers to ``organizations at the State and local level.'' The 
Secretary expects the DBTACs to undertake capacity-building with a 
variety of organizations, including business organizations. The 
Secretary declines to direct the DBTACs to focus its capacity-
building activities on only one community.
    Changes: None.
    Comment: One commenter recommended changing the name of the 
DBTACs because it is ``awkward and not easy to use.'' Discussion: 
The Secretary declines to change the name of the DBTAC in order to 
take advantage of the name recognition that the DBTACs have 
developed.
    Changes: None.
    Comment: One commenter recommended revising the priority to 
indicate that the DBTACs provide referrals to individuals and 
entities with responsibilities and rights under the ADA.
    Discussion: The Secretary points out that, in the Background 
section, referrals are included among examples of the technical 
assistance services that the DBTACs provide, along with consultation 
and facility surveys. The Secretary expects the DBTACs to provide a 
wide range of technical assistance services including those in the 
Background section as well as any others that an applicant may 
propose.
    Changes: None.
    Comment: One commenter pointed out that, while the Background 
section refers to the capacity-building support that the DBTACs 
provide to Centers for Independent Living (CILs), this support is 
not specified in the priority. A second commenter recommended 
requiring the DBTACs to interact with State's Independent Living 
Councils ``and/or any other associations that the CILs may have 
formed.''
    Discussion: The Secretary agrees that the priority should 
specify that CILs are to be included in the DBTACs capacity-building 
activities. However, the Secretary declines to provide further 
specification regarding the DBTACs' relationships with various 
associations of CILs.
    Changes: Centers for Independent Living have been included in 
the requirement addressing capacity-building.
    Comment: One commenter recommended requiring the DBTACs to build 
local capacity to implement mediation services to resolve ADA 
complaints.
    Discussion: The priority authorizes the DBTACs to increase the 
capacity of organizations at the State and local level to provide 
technical assistance, disseminate information, provide training, and 
promote awareness of the ADA. The Secretary believes that an 
applicant could propose to build local capacity to implement 
mediation services to resolve ADA complaints under the priority. 
However, the Secretary cautions that conflict resolution through 
mediation is a specialized field that requires a great deal of 
expertise. Properly developing local capacity to implement mediation 
services to resolve ADA complaints would require a significant 
financial commitment. The Secretary declines to impose this 
requirement.
    Changes: None.
    Comment: One commenter suggested that it would be more efficient 
to produce a national DBTAC newsletter rather than authorizing the 
DBTACs to produce regional newsletters.
    Discussion: NIDRR's ADA Coordination contractor will provide all 
of the DBTACs with core information about developments in case law 
and policy to ensure that the production of newsletters will be 
carried out as economically as possible. This will enable each DBTAC 
to continue to address issues and events that are unique to its 
region through the issuance of regional newsletters.
    Changes: None.

[FR Doc. 95-30128 Filed 12-11-95; 8:45 am]
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