[Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
[Notices]
[Pages 26996-26999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13429]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Training Personnel for the Education of Individuals With 
Disabilities--Grants for Personnel Training

AGENCY: Department of Education.

ACTION: Notice of Final Priority.

-----------------------------------------------------------------------

SUMMARY: The Secretary announces a final priority for the Training 
Personnel for the Education of Individuals with Disabilities--Grants 
for Personnel Training program administered by the Office of Special 
Education and Rehabilitative Services (OSERS) under the Individuals 
with Disabilities Education Act. The Secretary may use this priority in 
Fiscal Year 1996 and subsequent years. The Secretary takes this action 
to focus Federal assistance on identified needs to improve outcomes for 
children with disabilities. This final priority is intended to ensure 
wide and effective use of program funds.

EFFECTIVE DATE: This priority takes effect on June 28, 1996.

FOR FURTHER INFORMATION CONTACT: Scott Brown, U.S. Department of 
Education, 600 Independence Avenue SW., Room 3522, Switzer Building, 
Washington, DC. 20202-2641. Telephone: (202) 205-8117. FAX: (202) 205-
8105. Individuals who use a telecommunications device for the deaf 
(TDD) may call the TDD number at (202) 205-8953. Internet: 
Scott__B[email protected]

SUPPLEMENTARY INFORMATION: The Individuals with Disabilities Education 
Act (IDEA) directs the Secretary to develop and implement a plan for 
providing outreach services to minority entities and underrepresented 
populations to assist them in participating more fully in the 
discretionary programs under the Act (section 610(j)(2)(C)).
    On March 26, 1996, the Secretary published a notice of proposed 
priority for this program in the Federal Register (61 FR 13376-13377).
    This final priority supports 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 this priority does not preclude the Secretary 
from proposing additional priorities, nor does it limit the Secretary 
to funding only this priority, subject to meeting applicable rulemaking 
requirements. Funding of particular projects depends on the 
availability of funds, and the quality of the applications received. 
Further, FY 1996 priorities could be affected by enactment of 
legislation reauthorizing these programs.

    Note: This notice of final priority does not solicit 
applications. A notice inviting applications under this competition 
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 
priority, five parties submitted comments. An analysis of the comments 
and of the changes in the proposed priority follows. Technical and 
other minor changes--as well as suggested changes the Secretary is not 
legally authorized to make under the applicable statutory authority--
are not addressed.

[[Page 26997]]

Priority--Outreach Services to Minority Entities To Expand Research 
Capacity

    Comment: One commenter requested that the priority clarify whether 
the Historically Black Colleges and Universities (HBCUs), other 
minority institutions (OMIs), and other eligible institutions as 
defined under section 312 of the Higher Education Act of 1965 (OEIs) 
that are the target of the linkage activities specified in the priority 
need to be doctoral-degree granting institutions or providers of 
Ph.D.'s in joint programs with other universities. The commenter stated 
that, for a national effort whose major goal is to prepare scholars for 
careers in research on special education and related services, the 
focus should be on the doctoral-level programs since they are the ones 
that typically apply for and receive grants and contracts for research 
activities.
    Discussion: The Secretary agrees that recipients of awards for 
research activities are predominantly institutions of higher education 
with doctoral-degree level programs. However, although many HBCUs, 
OMIs, and OEIs do not have doctoral-level programs for students, the 
project's linkage activities are also expected to target institutional 
faculty members. Many of the faculty at these institutions are very 
capable and experienced in conducting research. Strengthening the 
capacity of these individuals, and thereby that of institutions, is 
considered a useful component of strategies developed under the 
priority.
    Changes: None.
    Comment: One commenter requested clarification as to the priority's 
relative emphasis on building the capacity of individual minority 
researchers as opposed to entire faculties of HBCUs, OMIs and OEIs.
    Discussion: The purpose of the project is two-fold. The priority is 
intended to increase the participation of HBCUs, OMIs, and OEIs in 
discretionary research and development grant programs authorized under 
the Individuals with Disabilities Education Act, and to increase the 
capacity of individuals at these institutions to conduct research and 
development activities in special education and related services. The 
dual emphasis is important, since the ability of individual students 
and faculty members to conduct research is a key contributing factor in 
an institution's capacity to successfully compete for IDEA research 
grants. The priority does not require the project to focus on entire 
faculties at these institutions. The priority is intended to allow the 
project to identify appropriate faculty members that will enhance the 
ability of HBCUs, OMIs, and OEIs to compete for grants.
    Changes: The priority has been revised to clarify that its purpose 
is to increase the participation of HBCUs, OMIs, and OEIs in 
discretionary research and development grant programs under the IDEA 
consistent with Congress' direction, and to increase the capacity of 
individuals at these institutions to conduct research and development 
activities.
    Comment: One commenter stated the an HBCU, OMI, or an OEI was the 
only appropriate institution to conduct the type of project required by 
the priority and suggested that eligibility for the grant award be 
restricted to minority institutions. The commenter also recommended 
that the language of the priority be strengthened to require the 
project to have actual experience and knowledge of how to identify and 
work with the strengths as well as overcome the barriers inherent in 
the infrastructure. The commenter stated that a project designed to 
recruit minority researchers and generate research in minority 
communities would be received more favorably and responded to more 
rapidly if conducted by a minority institution.
    Discussion: The Secretary believes that limiting eligibility under 
the priority to minority institutions would be unduly restrictive. The 
critical factors that the performing entity must have are: (1) 
Experience and familiarity in research on children with disabilities in 
urban and high-poverty schools with predominately minority enrollment; 
(2) experience in capacity development in special education research; 
and, (3) a thorough understanding of the strengths and needs of HBCUs, 
OMIs, and OEIs with respect to carrying out research programs. These 
factors are included in the priority. Any advantage that a minority 
institution can demonstrate in these areas may be considered in the 
evaluation of applications.
    Change: None.
    Comment: One commenter recommended that the priority be revised to 
strengthen the requirement that findings, results, and/or products be 
communicated directly to SEAs with significant minority populations and 
to educational decision makers in urban areas.
    Discussion: The Secretary believes that dissemination of findings 
should be carried out by the Department of Education's technical 
assistance, training, and dissemination projects that have been 
established specifically to accomplish this important task. To require 
this project to conduct dissemination activities would unnecessarily 
diffuse the project's focus, and would require it to conduct activities 
that are not necessarily compatible with research and capacity building 
activities.
    Changes: None.
    Comment: One commenter stated that the research agenda developed 
for the project's workscope must be relevant to local communities and 
address problems of real need. The commenter felt that needs 
assessments must be developed with the local communities' (LEAs, SEAs, 
and IHEs) participation, and complete articulation of research findings 
with these stakeholders should be guaranteed. Another commenter 
recommended that the project conduct a national assessment of needs and 
convene an Advisory Panel with representation from in-service and 
Comprehensive System for Personnel Development planning components with 
appropriate State educational agencies.
    Discussion: The priority requires that the project conduct research 
on one or more specified issues. The Secretary believes that each of 
the suggested research topics are particularly relevant to the overall 
objectives of improving the delivery of special education services and 
educational results for children with disabilities in urban and high-
poverty schools with predominately minority enrollments. The Department 
of Education has collected sufficient data to warrant the focus of 
research on these topics. Furthermore, the selection criteria that will 
be used to evaluate applications require applicants to describe the 
needs addressed by the project; how those needs were identified; and 
how the needs will be met by the project. In view of these factors, the 
Secretary believes that to require this project to conduct a national 
assessment of needs would be unnecessary, would diffuse the project's 
focus, and would impose requirements that are not necessarily 
compatible with research and capacity building activities.
    Changes: None.
    Comment: Two commenters requested that the priority specify the 
applicable indirect cost rate, and questioned whether the indirect cost 
rate would be that of a training or a research grant. Both commenters 
recommended that the project be considered personnel preparation and 
carry an 8 percent indirect cost rate.
    Discussion: Because the priority is primarily a research training 
project, the grantee's negotiated cost rate applies to the priority. 
Although the Education Department General Administrative

[[Page 26998]]

Regulations (EDGAR) at Sec. 75.562 authorizes an 8 percent cap on 
indirect costs for educational training grants, ``research training 
programs'' were specifically excluded from the scope of educational 
training grants under that section. Furthermore, the Secretary believes 
that the amount of the project budget that is devoted to direct grant 
activities will reflect the level of commitment and effort offered by 
each applicant, and will be considered in determining the relative 
merit of applications. For these reasons, the grantee's negotiated 
indirect cost rate used for research programs applies to the final 
priority.
    Changes: None.
    Comment: One commenter stated that the balance between urban and 
rural research agenda seems weighted toward inner city challenges. The 
commenter recommended that the priority should place equal emphasis on 
urban and rural problems.
    Discussion: The priority requires that the project focus on issues 
related to improving the delivery of special education services and 
educational results for children with disabilities in urban and high 
poverty schools with predominantly minority enrollments. Relevant 
research indicates that approximately 47 percent of urban youth with 
disabilities live in households with an annual income of less that 
$12,000, compared to 34 percent of rural and 19 percent of suburban 
youth with disabilities. Consequently, the Secretary expects the 
project to emphasize the needs of children with disabilities in urban 
areas given the disproportionate representation of special education 
students who live in poverty and the high percentage of poor children 
in urban settings.
    Changes: None.
    Comment: One commenter suggested that the project demonstrate the 
high quality of its research through a peer or internal review, and 
through mentoring during implementation.
    Discussion: The Secretary believes that the methods suggested by 
the commenter are two potentially useful approaches that a research 
project might employ to ensure high quality of research results. 
However, because there may be a variety of viable methodologies that 
may ensure high quality research, the Secretary believes that 
identifying two such methodologies would be unduly restrictive.
    Changes: None.
    Comment: One commenter noted that the priority does not mention the 
importance of linking research findings to application and practice at 
minority IHEs, and suggested that applicants describe the systems to be 
used to translate research to practice and to infuse new knowledge into 
existing personnel preparation programs.
    Discussion: The priority requires that findings of importance to 
audiences other than researchers be made available to the Department of 
Education's technical assistance training and dissemination projects 
for distribution to those audiences. The Secretary believes that this 
approach, as opposed to requiring the grantee to undertake the entire 
process of translating research to practice, will allow for a more 
coherent research-to-practice effort, and a potentially larger, more 
inclusive audience.
    Changes: None.
    Comment: One commenter requested that a single existing policy 
research center for coordination or collaboration be omitted from the 
priority or, in the alternative, that the role of such a center be 
clearly defined.
    Discussion: The Secretary agrees that it is not necessary to single 
out a specific policy research center for collaboration or coordination 
since the priority requires that the project collaborate with other 
relevant OSEP-funded projects. Also, the Secretary is concerned that 
referencing a specific policy coordination center could discourage the 
project from coordinating directly with other relevant projects.
    Changes: The reference in the proposed priority to coordination 
with the ongoing Policy Research Institute has been deleted.

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.

Absolute Priority--Outreach Services to Minority Entities To Expand 
Research Capacity

    Background: The Congress has found that the Federal Government must 
be responsive to the growing needs of an increasingly diverse society 
and that a more equitable distribution of resources is essential for 
the Federal Government to meet its responsibility to provide an equal 
educational opportunity for all individuals. The Congress has concluded 
that the opportunity for full participation in awards for grants, 
cooperative agreements and contracts by Historically Black Colleges and 
Universities (HBCUs), other institutions of higher education whose 
minority enrollment is at least 25 percent (OMIs) and other eligible 
institutions as defined under section 312 of the Higher Education Act 
of 1965 (OEIs) is essential if we are to obtain greater success in the 
education of children from diverse backgrounds in special education.
    This priority focuses on assisting HBCUs, OMIs and OEIs to prepare 
scholars for careers in research on special education and related 
services. This preparation shall consist of engaging both faculty and 
students at HBCUs, OMIs and OEIs in special education research 
activities. The activities focus on an area of critical emerging need 
which has material application in today's changing environment and will 
likely be the subject of future research efforts--the special education 
of children in urban and high poverty schools with predominantly 
minority enrollments. By building a cadre of experienced researchers on 
this important topic, the chances for full participation in awards for 
grants, cooperative agreements and contracts by HBCUs, OMIs and OEIs 
will be increased.
    The association between socioeconomic status and enrollment in 
special education has been well documented. Available data from the 
National Longitudinal Transition Study (NLTS) show that 68 percent of 
students in special education live in a household where the income is 
less than $25,000 per year versus 39 percent of the general population 
of youth.
    The problem of this association is heightened in urban school 
districts and, to a lesser extent, rural districts. NLTS data reveal 
that only 34 percent of students in special education live in suburban 
school districts compared to 48 percent of all youth. Data from the 
Office for Civil Rights indicate that 30 percent of all inner-city 
students live in poverty compared to 18 percent of students in non-
inner city areas. Moreover, findings from the National Longitudinal 
Transition Study indicate that 47 percent of urban youth with 
disabilities live in households with an annual income of less than 
$12,000 (in 1986 dollars) compared to 34 percent of rural and 19 
percent of suburban youth with disabilities (Valdes et al., 1990).
    Urban school districts face a variety of challenges in meeting the 
educational needs of their students. Their schools often have high per 
student costs and limited financial resources. Their students are 
disproportionately poor and the population of individuals with limited 
English proficiency is among the fastest growing populations with 
special needs in some of these districts. This disproportionate 
representation of poor children in special education is also

[[Page 26999]]

likely to be uniquely influenced by culturally diverse and urban 
settings, posing both opportunities and problems in the provision of 
special education services.

Priority

    The Secretary establishes an absolute priority for a project whose 
purpose is to increase the participation of HBCUs, OMIs, and OEIs in 
discretionary research and development grant programs authorized under 
the Individuals with Disabilities Education Act (IDEA), and to increase 
the capacity of individuals at these institutions to conduct research 
and development activities in special education and related services. 
Each research activity of the program must implement the Congress' 
direction in section 610(j)(2) to support outreach activities to HBCUs, 
OMIs and OEIs to increase their participation in competitions for 
research, demonstration and outreach grants, cooperative agreements and 
contracts funded under the IDEA. Activities shall include:
    (1) Conducting research activities at HBCUs, OMIs and OEIs as 
explained below that link scholars at HBCUs, OMIs and OEIs with 
researchers at institutions with an established research capacity in a 
mentoring relationship to develop both individual and institutional 
research capacity at those HBCUs, OMIs and OEIs with a demonstrated 
need for capacity development; and
    (2) Providing linkages between HBCUs, OMIs and OEIs with a 
demonstrated need for capacity development and institutions with an 
established research capacity to provide opportunities for researchers 
at those HBCUs, OMIs and OEIs to develop first hand experience in the 
grants and contracts application process.
    All research activities must be conducted for the purpose of 
capacity building. The research program must include one or more 
projects that are focused on issues related to improving the delivery 
of special education services and educational results for children with 
disabilities in urban and high poverty schools with predominantly 
minority enrollments. The program must examine the association between 
minority status and identification for, evaluation for and placement in 
special education. Other possible research topics may include:
    (1) Effective intervention strategies that make a difference in the 
provision of a Free Appropriate Public Education (FAPE);
    (2) Practices to promote the successful inclusion of children with 
disabilities in a least restrictive environment (LRE);
    (3) Strategies for establishing high expectations for children with 
disabilities and increasing their participation in the general 
curriculum provided to all children;
    (4) Increasing effective parental participation in the educational 
process, especially for poor parents, minority parents, and parents 
with limited English proficiency;
    (5) Effective disciplinary approaches, including behavioral 
management strategies, for ensuring a safe and disciplined learning 
environment;
    (6) The effect of school-wide projects conducted under Title 1 of 
the Elementary and Secondary Education Act on the delivery of special 
education; or
    (7) Effective practices for promoting the coordination of special 
education services with health and social services for children with 
disabilities and their families.
    The program shall ensure that findings are communicated in 
appropriate formats for researchers. The program shall also ensure that 
if findings are of importance to other audiences, such as teachers, 
administrators and parents, they are made available to Department of 
Education's technical assistance, training and dissemination projects 
for distribution to those audiences.
    Projects must demonstrate experience and familiarity in research on 
children with disabilities in urban and high poverty schools with 
predominantly minority enrollments. The project must also demonstrate 
experience in capacity development in special education research, as 
well as a thorough understanding of the strengths and needs of HBCUs, 
OMIs and OEIs.
    The project must budget for two trips annually to Washington, D.C. 
for: (1) A two-day Research Project Directors' meeting; and (2) an 
additional meeting to meet and collaborate with the project officer of 
the Office of Special Education Programs (OSEP) and with other relevant 
OSEP funded projects.

    Program Authority: 20 U.S.C. 1431.

    (Catalog of Federal Domestic Assistance Number 84.029, Training 
Personnel for the Education of Individuals with Disabilities 
Program)

    Dated: May 23, 1996.
Howard R. Moses,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 96-13429 Filed 5-28-96; 8:45 am]
BILLING CODE 4000-01-P