[Federal Register Volume 65, Number 214 (Friday, November 3, 2000)]
[Proposed Rules]
[Pages 66200-66202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27991]


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DEPARTMENT OF EDUCATION

34 CFR Parts 75 and 350


Direct Grant Programs and Disability and Rehabilitation Research 
Projects and Centers Program

AGENCY: Department of Education.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Secretary proposes to amend the Education Department 
General Administrative Regulations (EDGAR) and the regulations for the 
National Institute on Disability and Rehabilitation Research (NIDRR). 
The proposed amendments to EDGAR would revise the general selection 
criteria concerning project design, services, and personnel available 
for use in direct grant programs. Consistent with the requirements of 
section 427 of the General Education Provisions Act (GEPA), these 
amendments would focus on ensuring that discretionary grant applicants 
demonstrate in their applications the steps they will take to ensure 
equitable access to, and participation in, their federally assisted 
programs by members of traditionally underrepresented groups. The 
proposed amendment to the criterion on quality of project personnel 
also would add a mandatory factor measuring the extent to which the 
application includes effective strategies for employing and advancing 
in employment qualified individuals with disabilities in the proposed 
project, including the accessibility of the project's worksite and 
equipment to these individuals. The Secretary also proposes to include 
the latter amendment concerning project personnel in the regulations 
providing selection criteria for certain programs administered by the 
NIDRR.

DATES: We must receive your comments on or before January 2, 2001.

ADDRESSES: Address all comments about these proposed regulations to 
Julius C. Cotton, U.S. Department of Education, 400 Maryland Avenue, 
SW., room 3652, ROB-3, Washington, DC 20202-4248. If you prefer to send 
your comments through the Internet, use the following address: 
[email protected].
    You must include the term ``proposed selection criteria'' in the 
subject line of your electronic message.

FOR FURTHER INFORMATION CONTACT: Julius C. Cotton. Telephone: (202) 
708-8562. If you use a telecommunications device for the deaf (TDD), 
you may call the Federal Information Relay Service (FIRS) at 1-800-877-
8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION:

Invitation To Comment

    We invite you to submit comments regarding these proposed 
regulations and the potential effect of the use of the proposed 
selection criteria in direct grant programs supported by the 
Department.
    We invite you to assist us in complying with the specific 
requirements of Executive Order 12866 and its overall requirement of 
reducing regulatory burden that might result from these proposed 
regulations. Please let us know of any further opportunities we should 
take to reduce potential costs or increase potential benefits while 
preserving the effective and efficient administration of the 
Department's direct grant programs.
    During and after the comment period, you may inspect all public 
comments about these proposed regulations in room 3652, ROB-3, Seventh 
& D Streets, SW., Washington, DC, between the hours of 8:30 a.m. and 
4:00 p.m., Eastern time, Monday through Friday of each week except 
Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the 
Rulemaking Record

    On request, we will supply an appropriate aid, such as a reader or 
print magnifier, to an individual with a disability that needs 
assistance to review the comments or other documents in the public 
rulemaking record for these proposed regulations. If you want to 
schedule an appointment for this type of aid, you may call (202) 205-
8113 or (202) 260-9895. If you use a TDD, you may call the Federal 
Information Relay Service at 1-800-877-8339.

Background

    The Department of Education's mission is to ensure equal access to 
education and promote educational excellence throughout the nation. To 
ensure that these goals are being met in Department-funded 
discretionary grant programs, we are proposing several changes to the 
list of general selection criteria and factors in EDGAR. These EDGAR 
criteria and factors are used by most programs of the Department. Many 
programs do not have separate criteria and rely entirely on EDGAR 
criteria. Other programs have separate regulatory criteria. EDGAR 
authorizes the programs with separate criteria to use program criteria 
(and statutory criteria) in conjunction with the EDGAR criteria to 
evaluate applications. As a result, these amendments would affect most 
programs of the Department. We propose to amend the NIDRR regulations 
which do not incorporate the EDGAR provision that permits the use of 
both EDGAR and program criteria.
    The proposed changes stem from two related departmental efforts 
that have the common goal of ensuring equity and excellence in 
Department-funded grant projects. The first effort relates to current 
requirements found in section 427 of the General Education Provisions 
Act (GEPA) (20 U.S.C. 1228a), which was enacted by Congress in 1994. 
Section 427 of GEPA requires that each applicant for a Department grant 
include in its application a description of the steps the applicant 
proposes to take to ensure equitable access to, and participation in, 
its federally assisted programs for students, teachers, and other 
program beneficiaries with special needs by addressing barriers to that 
access and participation, including barriers based on gender, race, 
national origin, color, disability, or age. The Secretary is prepared 
to provide technical assistance to applicants in connection with 
meeting the

[[Page 66201]]

requirements of section 427 of GEPA and with the selection criteria in 
this notice of proposed rulemaking.
    Although grant applicants currently provide statements in their 
applications indicating how they will ensure equitable access and 
participation, we believe that greater emphasis should be placed on how 
well the applicants address the GEPA 427 requirements. Under the 
proposed changes, discretionary grant applicants for programs using the 
EDGAR list of selection criteria would be rated based on the extent to 
which their grant applications include an effective project design and 
project services for ensuring equitable access and participation. These 
factors also would be amended to more closely track the language in 
section 427 of GEPA. They would be mandatory factors under their 
respective criteria.
    The second effort involves a similar concern relating to the 
diversity of project staff who carry out funded projects. Current 
provisions in EDGAR include--under the criterion for project 
personnel--a mandatory factor for considering the extent to which the 
applicant encourages applications for employment from persons who are 
members of groups that have been traditionally underrepresented. The 
Secretary is concerned that inadequate attention has been given by many 
grantees to the employment and advancement of individuals with 
disabilities. Therefore, this proposal would strengthen these current 
provisions as they relate to employment and advancement of these 
individuals and to the provision of accessible worksites and equipment 
for persons with disabilities. Section 606 of the Individuals with 
Disabilities Education Act (IDEA) requires the Secretary to ensure that 
each recipient of assistance under IDEA makes positive efforts to 
employ and advance in employment qualified individuals with 
disabilities. We believe that--in promoting excellence and equity in 
Department-funded projects--this is an appropriate factor to be 
evaluated in making competitive selections not only under IDEA, but 
also in other Department programs. Therefore--under the Secretary's 
general rulemaking authority--we are proposing that the existing 
criterion on quality of project personnel be amended to add a factor 
that focuses specifically on individuals with disabilities, consistent 
with the provisions in section 606 of the IDEA.
    For Department programs using the revised EDGAR criterion on 
quality of project personnel, applicants would be rated on how well 
their application demonstrates effective strategies for employing and 
advancing in employment qualified individuals with disabilities in the 
proposed project. These strategies also include those for the provision 
of accessible worksites and equipment. In applying this criterion, the 
Secretary, as appropriate, would also consider the applicant's past 
success in employing and advancing in employment individuals with 
disabilities. The latter consideration would be inappropriate, for 
example, for a newly formed private, nonprofit organization.
    Within the Office of Special Education and Rehabilitative Services, 
NIDRR supports specialized disability-related activities and uses 
selection criteria found in 34 CFR part 350 rather than the general 
EDGAR selection criteria. A similar factor is proposed for addition to 
part 350 to be used in administering NIDRR programs.

Executive Order 12866

Clarity of the Regulations

    Executive Order 12866 and the President's Memorandum of June 1, 
1998, on ``Plain Language in Government Writing'' require 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:
     Are the requirements in the proposed regulations clearly 
stated?
     Do the proposed regulations contain technical terms or 
other wording that interferes with their clarity?
     Does the format of the proposed regulations (grouping and 
order of sections, use of headings, paragraphing, etc.) aid or reduce 
their clarity?
     Would the proposed regulations be easier to understand if 
we divided them into more (but shorter) sections? (A ``section'' is 
preceded by the symbol ``Sec. '' and a numbered heading; for example, 
Sec. 75.210 General selection criteria.)
     Could the description of the proposed regulations in the 
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in 
making the proposed regulations easier to understand? If so, how?
     What else could we do to make the proposed regulations 
easier to understand?
    Send any comments that concern how the Department could make these 
proposed regulations easier to understand to the person listed in the 
ADDRESSES section of the preamble.

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. The small entities affected would be applicants for the 
Department's direct grant programs. The proposed regulations would not 
have a significant economic impact on any small entities but are 
expected to benefit all applicants by reducing delays in the grant 
award process that otherwise would be caused by rulemaking necessary to 
establish special selection criteria for individual competitions.

Paperwork Reduction Act of 1995

    These proposed regulations do not contain any information 
collection requirements.

Intergovernmental Review

    Some of the programs that are affected by these regulations are 
subject to the requirements of Executive Order 12372 and the 
regulations in 34 CFR part 79. One of the objectives of the Executive 
order is to foster an intergovernmental partnership and a strengthened 
federalism. The Executive order relies on processes developed by State 
and local governments for coordination and review of proposed Federal 
financial assistance.
    This document provides early notification of our specific plans and 
actions for these programs.

Assessment of Educational Impact

    The Secretary particularly requests comments on whether these 
proposed regulations would require transmission of information that any 
other agency or authority of the United States gathers or makes 
available.

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 PDF you must have Adobe Acrobat Reader, which is available free 
at either of the previous sites. If you have questions about using 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

[[Page 66202]]

Access at: http://www.access.gpo.gov/nara/index.html.


(Catalog of Federal Domestic Assistance Number 84.133 for Disability 
and Rehabilitation Research: General Provisions)

List of Subjects

34 CFR Part 75

    Accounting, Administrative practice and procedure, Grant programs--
education, Reporting and recordkeeping requirements.

34 CFR Part 350

    Administrative practice and procedure, Eligibility, Grant 
administration.

    Dated: October 26, 2000.
Richard W. Riley,
Secretary of Education.
    For the reasons discussed in the preamble, the Secretary proposes 
to amend parts 75 and 350 of title 34 of the Code of Federal 
Regulations as follows:

PART 75--DIRECT GRANT PROGRAMS

    1. The authority citation for part 75 continues to read as follows:

    Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted.

    2. Section 75.210 is amended as follows:
    a. By revising the undesignated introductory text;
    b. Redesignating paragraph (c)(2) as (c)(3);
    c. Adding a new paragraph (c)(2);
    d. Revising newly redesignated paragraph (c)(3) introductory text; 
and
    e. Revising paragraphs (d)(2) and (e)(2).
    The revisions and addition read as follows:


Sec. 75.210  General selection criteria.

    In determining the selection criteria to be used in each grant 
competition, the Secretary may select one or more of the following 
criteria and may select from among the list of optional factors under 
each criterion. However, paragraphs (c)(2), (d)(2), and (e)(2) of this 
section are mandatory factors under their respective criteria:
* * * * *
    (c) * * *
    (2) In determining the quality of the design of the proposed 
project, the Secretary considers the extent to which the application 
proposes effective steps to eliminate barriers that may impede 
equitable access or participation by groups that have been 
traditionally underrepresented based on race, color, national origin, 
gender, age, or disability.
    (3) In addition to paragraph (c)(2) of this section, the Secretary 
also considers one or more of the following factors:
* * * * *
    (d) * * *
    (2) In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the quality and 
effectiveness of the applicant's strategies for ensuring equal access 
and treatment for eligible project participants who are members of 
groups that have been traditionally underrepresented based on race, 
color, national origin, gender, age, or disability, including its steps 
to overcome barriers to equitable participation by those eligible 
participants.
* * * * *
    (e) * * *
    (2)(i) In determining the quality of project personnel--
    (A) The Secretary considers the extent to which the applicant 
encourages applications for employment from persons who are members of 
groups that have been traditionally underrepresented based on race, 
color, national origin, gender, or age; and
    (B) The Secretary considers the extent to which an application 
includes effective strategies for employing and advancing in employment 
qualified individuals with disabilities in the proposed project, 
including the accessibility of the project's worksite and equipment to 
these individuals.
    (ii) In determining the effectiveness of the strategies under 
paragraph (e)(2)(i)(B) of this section, the Secretary, as appropriate, 
considers the applicant's success, as described in the application, in 
employing and advancing in employment qualified individuals with 
disabilities.
* * * * *

PART 350--DISABILITY AND REHABILITATION RESEARCH PROJECTS AND 
CENTERS PROGRAM

    3. The authority citation for part 350 continues to read as 
follows:

    Authority: Sec. 204; 29 U.S.C. 761-762, unless otherwise noted.

    4. Section 350.54 is amended by revising paragraph (n)(2) to read 
as follows:


Sec. 350.54  What selection criteria does the Secretary use in 
evaluating an application?

* * * * *
    (n) * * *
    (2)(i) In determining the quality of project staff--
    (A) The Secretary considers the extent to which an applicant 
encourages applications for employment from persons who are members of 
groups that have been traditionally underrepresented based on race, 
color, national origin, gender, or age; and
    (B) The Secretary considers the extent to which an application 
includes effective strategies for employing and advancing in employment 
qualified individuals with disabilities in the proposed project, 
including the accessibility of the project's worksite and equipment to 
these individuals.
    (ii) In determining the effectiveness of the strategies under 
paragraph (n)(2)(i)(B) of this section, the Secretary, as appropriate, 
considers the applicant's success, as described in the application, in 
employing and advancing in employment qualified individuals with 
disabilities.
* * * * *
[FR Doc. 00-27991 Filed 11-2-00; 8:45 am]
BILLING CODE 4000-01-P