[Federal Register Volume 64, Number 110 (Wednesday, June 9, 1999)]
[Notices]
[Pages 31068-31071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14532]



[[Page 31067]]

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Part V





Department of Education





_______________________________________________________________________



Office of Special Education and Rehabilitative Services; Special 
Education--Training and Information for Parents of Children With 
Disabilities; Notices

  Federal Register / Vol. 64, No. 110 / Wednesday, June 9, 1999 / 
Notices  

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DEPARTMENT OF EDUCATION


Office of Special Education and Rehabilitative Services; Special 
Education--Training and Information for Parents of Children With 
Disabilities

AGENCY: Department of Education.

ACTION: Notice of final priority.

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SUMMARY: The Secretary announces a final priority for one program 
administered by the Office of Special Education and Rehabilitative 
Services (OSERS) under the Individuals with Disabilities Education Act 
(IDEA), as amended. The Secretary may use this priority to support 
grants in fiscal year 1999 and subsequent years. The Secretary takes 
this action to focus Federal assistance on identified needs to improve 
results 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 July 9, 1999.

FOR FURTHER INFORMATION CONTACT: For further information on the 
priority under the Training and Information for Parents of Children 
with Disabilities Program contact the U.S. Department of Education, 400 
Maryland Avenue, SW., room 3527, Switzer Building, Washington, DC 
20202-2641. Telephone: (202) 205-8038. FAX: (202) 205-8105. Internet: 
Debra__S[email protected]
    Individuals who use a telecommunications device for the deaf (TDD) 
may call the TDD number: (202) 205-8953.
    Individuals with disabilities may obtain a copy of this notice in 
an alternate format (e.g., Braille, large print, audiotape, or computer 
diskette) by contacting the Department at the address listed. However, 
the Department is not able to reproduce in an alternate format the 
standard forms included in the application package.

SUPPLEMENTARY INFORMATION: This notice contains one final priority 
under the Training and Information for Parents of Children with 
Disabilities program authorized by IDEA.
    On March 25, 1999, the Secretary published a notice of proposed 
priority for this program in the Federal Register (64 FR 14556).
    This proposed priority supports the National Education Goals by 
helping to improve results for children with disabilities.
    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.

    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, seventeen parties submitted comments. An analysis of the 
comments and of the changes in the proposed priority follows. We 
discuss substantive issues under the sections of the priority to which 
they pertain. Generally, we do not address technical and other minor 
changes--and suggested changes the law does not authorize the Secretary 
to make.
    Comment: One commenter questioned whether only the States listed in 
the March 25, 1999 Federal Register announcement would be considered 
for the fiscal year 1999 funding cycle. The commenter further 
recommended that the final priority include the four (4)-year schedule 
for submitting applications for all of the State awards.
    Discussion: Only the States listed in the March 25, 1999 Federal 
Register announcement as eligible for the fiscal year 1999 funding 
cycle, Guam, Palau, the Commonwealth of the Northern Mariana Islands 
and the freely associated States will be eligible for funding in fiscal 
year 1999. The Parent Training and Information (PTI) centers program is 
moving the competition cycles for the centers to a four (4)-year cycle 
with a pre-determined schedule of the States eligible for the 
competition. Including the anticipated schedule in the priority itself 
would limit the Secretary's ability to revise the schedule based on 
unforseen circumstances. The regular four (4)-year cycle is expected to 
be:

1999: AZ, DE, DC, IA, IN, MA, MN, MS, MO, SD, VA, WA, WY.
2000: HI, ID, LA, NH, NC, OK, PA, RI, TN, WV, VI, AS.
2001: AK, AL, CO, FL, KY, ME, MD, NE, NY, ND, NV, PR, VT, WI.
2002: AR, CA, CT, GA, IL, KS, MI, MT, NJ, NM, OH, OR, SC, TX, UT.

    States and the freely associated States that are not listed here 
will be included in a cycle if and when they receive initial funding.
    Changes: None.
    Comment: Several commenters suggested that a five (5)-year funding 
schedule would be a better strategy than the proposed four (4)-year 
funding schedule.
    Discussion: The Secretary believes that four years provides a more 
appropriate funding cycle in order to provide adequate Federal 
oversight for the PTI centers.
    Changes: None.
    Comment: One commenter suggested that the annual reporting cycle 
should go to a process of reporting data from the beginning of a grant 
year to the end of a grant year.
    Discussion: The statute requires an annual report by fiscal year. 
Therefore, the Secretary is not legally authorized to change this 
requirement by requesting that the PTI centers report data by grant 
year as opposed to reporting data by fiscal year.
    Changes: None.
    Comment: One commenter suggested that the language on page 14557, 
paragraph (a) of the priority should be amended to include parents of 
children that are not identified at all.

    Discussion: The priority, as written, includes parents of children 
who are not identified at all. The language referring to children who 
may be inappropriately identified was intended to include those 
children who may not be identified at all. However, the Secretary 
acknowledges the concerns of the commenter and agrees to clarify the 
language of the priority.
    Changes: The priority language will be amended by adding 
``including those who are not identified at all'' to the end of the 
sentence.
    Comment: One commenter suggested that parents would choose not to 
use the mediation process in States where the SEA uses its own staff as 
mediators. The commenter stated that parents have questions about the 
impartiality of mediators who work for the State and are vested in the 
State's interest.

    Discussion: Section 615(e) (1) and (2) of IDEA includes language 
that requires that the mediation process must be conducted by a 
qualified and impartial mediator who is trained in effective mediation 
techniques. The statute further states that a local educational agency 
or State agency may establish procedures to require parents who choose 
not to use the mediation process, to meet with a disinterested party 
who is under contract with a PTI center or community parent resource 
center (CPRC), or an appropriate alternative dispute resolution entity, 
at a time and location convenient to the parents. The Secretary 
believes that the language contained in IDEA takes into account the 
concerns of the commenter.
    Changes: None.

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    Comment: One commenter recommended that the Department should 
require entities such as colleges, universities, local schools, and 
State education agencies that receive Federal education funds, to seek 
partnerships with PTI centers as well as parents in the general 
population. The commenter further stated that networking, 
collaboration, and information sharing should not be the full 
responsibility of PTI centers but should be shared by all related 
entities.

    Discussion: The Department supports partnerships among the PTI 
centers and entities such as colleges, universities, local schools, and 
State education agencies that receive Federal education funds. In 
addition, the Department has made significant investments to create the 
type of partnerships described by the commenter in order to promote and 
insure the implementation of the IDEA Amendments of 1997.
    Changes: None.
    Comment: One commenter recommended that PTI centers should be 
funded to specifically serve low income parents and children affected 
by learning disabilities.

    Discussion: Section 682(b)(3) of IDEA states that each parent 
training and information center is required to serve the parents of 
infants, toddlers, and children with the full range of disabilities. 
Each of the centers should have information and knowledge about 
learning disabilities as well as an awareness of additional resources 
in the local area or State that are available for this group of 
children and their families.
    Changes: None.
    Comment: Several commenters suggested that the language requiring 
PTI centers to work cooperatively with the Community Parent Resource 
Centers (CPRCs) in the State should be expanded to require PTI centers 
to share some of their funding with CPRCs so that the work of the CPRCs 
is acknowledged and supported financially.

    Discussion: The intent of paragraph (h) in the proposed priority to 
establish cooperative relations with the CPRCs was to reinforce the 
requirement in section 683(b)(3) of IDEA that the CPRCs establish 
cooperative partnerships with the PTI centers. PTI centers can choose 
to enter into projects with CPRCs where subcontracting could occur. 
However, the Secretary does not believe it is necessary for the PTI 
centers to share funding for the projects to maximize existing 
resources, work together when possible, and be supportive of each 
other.
    Changes: There are no substantive changes. However, the order of 
paragraphs (g) and (h) in the proposed priority has been reversed in 
the final priority to make clear the intent of the priority.
    Comment: One commenter suggested that the priority clarify that no 
new PTI centers will be funded in States where they currently exist.
    Discussion: Other than interim awards for California, New York, and 
Illinois in fiscal year 1999, no awards will be made in any State that 
are not consistent with the regular four (4)-year funding cycle 
schedule.
    Changes: None.
    Comment: Several commenters suggested a change to the language of 
the proposed priority so that Parent to Parent programs are 
specifically mentioned as partners to PTI centers, share PTI centers' 
funding, and demonstrate cooperative relationships in their State.
    Discussion: The Secretary believes that the concerns of the 
commenters are addressed within the work scope of the priority, which 
requires PTI centers to network and work with local organizations and 
agencies, including community-based organizations, such as Parent to 
Parent programs, that serve parents and families of children with 
disabilities. The Secretary further emphasizes that it is in the best 
interest of families who have children with disabilities that all 
providers of services and supports work together to maximize resources 
and reach as many families as possible.
    Changes: None.
    Comment: One commenter recommended that certain organizations, such 
as the protection and advocacy agencies, should not be eligible to 
receive PTI center funding.
    Discussion: Under the current statute there is only one exclusion 
that is specifically mentioned--Institutions of Higher Education. 
Otherwise, any organization or entity that meets the eligibility 
criteria for this priority may apply for an award.
    Changes: None.
    Comment: One commenter suggested that the language in the priority 
requiring a project to budget for a two-day Project Director's meeting 
should be changed to read as follows: A project's budget must include 
funds to attend a regional Project Director's meeting to be held each 
year of the project.
    Discussion: The Alliance Project, which is the national technical 
assistance project funded by the Office of Special Education Programs, 
funds and supports the attendance of project directors to attend a two-
day national conference in Washington, DC.
    Changes: The priority language has been amended as suggested by the 
commenter.
    Comment: Several commenters expressed concern about the need to 
fund a project that has as its focus the very diverse and specialized 
needs of traditionally underserved multicultural and multilingual 
families living in poverty in urban and in rural communities.
    Discussion: Working with underserved, diverse families is part of 
the mandate for both the PTI centers and the CPRCs. It is not the 
intent of the PTI centers program to create two systems, but to 
encourage the integration of these groups where and when possible. The 
current technical assistance provider, Alliance, is aware of the need 
to provide a variety of approaches to support the diverse and 
specialized needs of traditionally underserved multicultural and 
multilingual families, and will continue to develop expertise and 
expand its services to meet the needs of all families.
    Changes: None.

Special Education--Training and Information for Parents of Children 
With Disabilities

Purpose of Program
    The purpose of this program is to ensure that parents of children 
with disabilities receive training and information to help improve 
results for their children.
    Under section 682(e) of IDEA, the Secretary is required to: (a) 
make at least one award to a parent organization in each State, unless 
the Secretary does not receive an application from such an organization 
in each State of sufficient quality to warrant approval; and (b) select 
among applications submitted by parent organizations in a State in a 
manner that ensures the most effective assistance to parents, including 
parents in urban and rural areas, in the State.
    Eligible applicants for awards under this priority are parent 
organizations, as defined in section 682(g) of IDEA. A parent 
organization is a private nonprofit organization (other than an 
institution of higher education) that (a) has a board of directors, the 
parent and professional members of which are broadly representative of 
the population to be served and the majority of whom are parents of 
children with disabilities, that includes individuals with disabilities 
working in the fields of special education, related services, and early 
intervention; or (b) if the private

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nonprofit organization does not have such a board, has a membership 
that represents the interest of individuals with disabilities and must 
establish a special governing board with the same requirements as 
paragraph (a) and develops a memorandum of understanding between this 
special governing board and the board of directors of the organization 
that clearly outlines the relationship between the board and the 
committee and the decision making responsibilities and authority of 
each.

Priority

    Under section 682 of the Act, and 34 CFR 75.105(c)(3), the 
Secretary proposes to give an absolute preference to applications that 
meet the following priority. The Secretary proposes to fund under this 
competition only those applications that meet this proposed priority:
Proposed Absolute Priority--Parent Training and Information Centers 
(84.328M)
    Background: The IDEA Amendments of 1997 strengthen the role of 
parents and increase their involvement in decisions about their 
children's education. Other changes in the law, increased dependence on 
and the use of technology, and a greater emphasis on networking and 
promoting partnerships between parents and school personnel, require 
the PTI centers to be strengthened and refocused. In order to allocate 
resources more equitably, create a unified system of service delivery, 
and provide the broadest coverage for the parents and families in every 
State, the Department will begin to make awards in four (4)-year cycles 
for each State. In FY 1999, applications for 4-year awards will be 
accepted for the following States: Arizona; Delaware; District of 
Columbia; Iowa; Indiana; Massachusetts; Minnesota; Mississippi; 
Missouri; South Dakota; Virginia; Washington; and Wyoming.
    In addition to the above State awards, the Secretary intends to 
fund one award that focuses on the needs of Native-American families 
who have children with disabilities and one award that focuses on the 
needs of military families who have children with disabilities.
    Until the first four (4)-year cycle is completed, there is a need 
to have an interim schedule for awards in States where there is more 
than one PTI and their current awards do not have the same end date. 
Therefore, we will hold a competition for one or more awards in these 
States for the time periods needed to match the end date of the last 
Center funded. Applications will be accepted for FY 1999 interim 
competitions for the following States: (1) California--3-year award, 
(2) Illinois--3-year award, and (3) New York--2-year award.
    Priority: The Secretary will establish an absolute priority to 
support parent training and information centers that--
    (a) Provide training and information that meets the training and 
information needs of parents of children with disabilities in the area 
served by the center, particularly underserved parents and parents of 
children who may be inappropriately identified, including those who are 
not identified at all;
    (b) Assist parents to understand the availability of, and how to 
effectively use, procedural safeguards under IDEA, including 
encouraging the use, and explaining the benefits, of alternative 
methods of dispute resolution, such as the mediation process described 
in IDEA;
    (c) Serve the parents of infants, toddlers, and children with the 
full range of disabilities;
    (d) Assist parents to--
    (1) Better understand the nature of their children's disabilities 
and their educational and developmental needs;
    (2) Communicate effectively with personnel responsible for 
providing special education, early intervention, and related services;
    (3) Participate in decision making processes and the development of 
individualized education programs and individualized family service 
plans;
    (4) Obtain appropriate information about the range of options, 
programs, services, and resources available to assist children with 
disabilities and their families;
    (5) Understand the provisions of the Act for the education of, and 
the provision of early intervention services to, children with 
disabilities; and
    (6) Participate in school reform activities;
    (f) Contract with the State education agency, if the State elects 
to contract with the parent training and information center, for the 
purpose of meeting with parents who choose not to use the mediation 
process to encourage the use, and explain the benefits, of mediation 
consistent with sections 615(e)(2)(B) and (D) of IDEA;
    (g) Establish cooperative relations with the Community Parent 
Resource Center or Centers in their State in accordance with section 
683(b)(3) of IDEA;
    (h) Network with appropriate clearinghouses, including 
organizations conducting national dissemination activities under 
section 685(d) of IDEA, and with other national, State, and local 
organizations and agencies, such as protection and advocacy agencies, 
that serve parents and families of children with the full range of 
disabilities;
    (i) Annually report to the Secretary on--
    (1) The number of parents to whom parent training and information 
centers provided information and training in the most recently 
concluded fiscal year; and
    (2) The effectiveness of strategies used to reach and serve 
parents, including underserved parents of children with disabilities; 
and
    (j) If there is more than one parent center in a particular State, 
coordinate their activities to ensure the most effective assistance to 
parents in that State.
    An applicant must identify the strategies it will undertake--
    (a) To ensure that the needs for training and information of 
underserved parents of children with disabilities in the areas to be 
served are effectively met, particularly in underserved areas of the 
State; and
    (b) To work with the community-based organizations, particularly in 
the underserved areas of the State.
    A parent training and information center that receives assistance 
under this absolute priority may also conduct the following 
activities--
    (a) Provide information to teachers and other professionals who 
provide special education and related services to children with 
disabilities;
    (b) Assist students with disabilities to understand their rights 
and responsibilities on reaching the age of majority, as included under 
section 615(m) of IDEA; and
    (c) Assist parents of children with disabilities to be informed 
participants in the development and implementation of the State 
improvement plan under IDEA.
    A project's budget must include funds to attend a regional Project 
Directors' meeting to be held each year of the project.
    In order to demonstrate eligibility to receive a grant, an 
applicant must describe how its board or special governing committee 
meets the criteria for a parent organization in section 682(g) of IDEA. 
In addition, any parent organization that establishes a special 
governing committee under section 682(g)(2) of IDEA must demonstrate 
that the by-laws of its organization allows the governing committee to 
be responsible for operating the project (consistent with existing 
fiscal policies of its organization).
    Current funding levels, population of school age children, and the 
relative proportion of children living in poverty

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will be considered in determining funding levels for grants.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at either of the 
following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html

    To use the PDF you must have the Adobe Acrobat Reader Program with 
Search, which is available free at either of the preceding sites. If 
you have questions about using the PDF, call the U.S. Government 
Printing Office (GPO), toll free, at 1-888-293-6498; or in the 
Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://
www.access.gpo.gov/nara/index.html.

Intergovernmental Review

    The Training and Information for Parents of Children with 
Disabilities 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 
assistance.
    In accordance with the order, we intend this document to provide 
early notification of the Department's specific plans and actions for 
this program.

    Program Authority: 20 U.S.C. 1482.

(Catalog of Federal Domestic Assistance Numbers: Special Education--
Training and Information for Parents of Children with Disabilities, 
84.328)

    Dated: June 3, 1999.
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 99-14532 Filed 6-8-99; 8:45 am]
BILLING CODE 4000-01-P