[Federal Register Volume 66, Number 5 (Monday, January 8, 2001)]
[Notices]
[Pages 1499-1506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-86]


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DEPARTMENT OF EDUCATION


National Institute on Disability and Rehabilitation Research; 
Notice of Final Funding Priorities for Fiscal Years 2001-2002 for a 
National Center on Accessible Education-Based Information Technology 
and the Disability and Business Technical Assistance Centers

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

SUMMARY: The Assistant Secretary for the Office of Special Education 
and Rehabilitative Services announces final funding priorities for a 
National Center on Accessible Education-Based Information Technology 
and the Disability and Business Technical Assistance Centers under the 
National Institute on Disability and Rehabilitation Research (NIDRR) 
for fiscal years 2001-2002. The Assistant Secretary takes this action 
to focus research attention on areas of national need. We intend these 
priorities to improve the rehabilitation services and

[[Page 1500]]

outcomes for individuals with disabilities.

DATES: These priorities take effect on February 7, 2001.

FOR FURTHER INFORMATION CONTACT: Donna Nangle. Telephone: (202) 205-
5880. Individuals who use a telecommunications device for the deaf 
(TDD) may call the TDD number at (202) 205-4475. Internet: 
[email protected].
    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 in the preceding 
paragraph.

SUPPLEMENTARY INFORMATION: This notice contains final priorities under 
the Disability and Rehabilitation Research Projects and Centers Program 
(DRRP) for a National Center on Accessible Education-Based Information 
Technology and the Disability and Business Technical Assistance 
Centers.
    The final priorities refer to NIDRR's Long Range Plan (the Plan). 
The Plan can be accessed on the World Wide Web at: http://www.ed.gov/offices/OSERS/NIDRR/#LRP.

National Education Goals

    These final priorities will address the National Education Goal 
that every adult American will be literate and will possess the 
knowledge and skills necessary to compete in a global economy and 
exercise the rights and responsibilities of citizenship.
    The authority for the program to establish research priorities by 
reserving funds to support particular research activities is contained 
in sections 202(g) and 204 of the Rehabilitation Act of 1973, as 
amended (29 U.S.C. 762(g) and 764(b)(4)). Regulations governing this 
program are found in 34 CFR part 350.

    Note: This notice does not solicit applications. A notice 
inviting applications is published in this issue of the Federal 
Register.

Analysis of Comments and Changes

    On November 7, 2000, the Assistant Secretary published a notice of 
proposed priorities in the Federal Register (65 FR 66732). The 
Department of Education received 10 letters commenting on the notice of 
proposed priorities by the deadline date. Technical and other minor 
changes--and suggested changes the Assistant Secretary is not legally 
authorized to make under statutory authority--are not addressed.

Disability and Rehabilitation Research Project and Centers Program

General Comments

    Comment: The National Center on Accessible Education-Based 
Information Technology or one of the DBTACs should be responsible for 
evaluating the accessibility of nationally distributed IT products.
    Discussion: The scale of this activity would rival all of the 
required activities in the priority. In addition, a variety of public 
and private sector interests (e.g., manufacturers, Federal agencies, 
trade associations, disability organizations) currently undertake this 
activity. The National Center and the DBTACs will disseminate the 
results of these evaluations. We decline to revise the priority as 
suggested because of its scale and in order to avoid duplication of 
effort.
    Changes: None.

    Comment: An additional factor was proposed to the selection 
criteria that will be used to evaluate applications for the National 
Center and the DBTACs. This proposed factor states that in determining 
the quality of the project staff, NIDRR will consider the extent to 
which key personnel have expert knowledge about state-of-the-art IT to 
conduct all activities.
    One commenter suggested that this factor should be revised to 
include the extent to which key personnel have expert knowledge about 
the ADA and significant experience in providing technical assistance 
about basic and complex ADA issues.
    A second commenter suggested that this factor should be applied to 
all partners and collaborators in an application.
    Discussion: In regard to the first comment, it will not be possible 
for the National Center and the DBTACs to fulfill their purposes unless 
key personnel have expert knowledge on the ADA and experience with 
providing technical assistance on the ADA. Revising the selection 
criteria as suggested by the first commenter will improve the 
evaluation process. We agree to revise the factor as suggested.
    In regard to the second comment, the application of this factor is 
not restricted exclusively to the applicant. The staff of an 
applicant's partners or collaborators will be evaluated by the peer 
reviewers using this factor if their roles are considered key to the 
performance of the grant. It is not necessary to revise the factor in 
order to address the commenter's concern.
    Changes: The selection criteria have been changed to include a 
factor that addresses the extent to which key personnel have expert 
knowledge on the ADA and experience with providing technical assistance 
on the ADA.

National Center on Accessible Education-Based Information 
Technology 

    Comment: The National Center should be required to coordinate with 
the Assistive Technology Act Projects and the Technical Assistance 
provider to the Assistive Technology Act Projects.
    Discussion: The priority requires the National Center to coordinate 
with a number of NIDRR grantees as well as a wide array of Federal 
agencies. Because we do not believe that it is imperative for the 
National Center to coordinate with the Assistive Technology Act 
Projects and the Technical Assistance provider to the Assistive 
Technology Act Projects in order to fulfill the purposes of the 
priority, we decline to require the National Center to coordinate with 
these entities. However, an applicant may propose to coordinate with 
the Assistive Technology Act Projects and the Technical Assistance 
provider to the Assistive Technology Act Projects, and the application 
review process will evaluate the merits of the proposal.
    Changes: None.

Disability and Business Technical Assistance Centers 

    Comment: Two commenters suggested requiring the DBTACs to provide 
technical assistance on the nondiscrimination requirements of the 
Workforce Investment Act to entities within the Workforce Investment 
System such as One-Stop Centers and local Workforce Investment Boards.
    Discussion: Other than educational entities, the priority does not 
require the DBTACs to provide technical assistance and training to any 
specific target audience. In order to allow the DBTACs as much 
flexibility as possible to meet the demands for technical assistance 
within their region, we decline to require the DBTACs to provide 
technical assistance and training to entities within the Workforce 
Development System. The priority allows the DBTACs the discretion to 
provide technical assistance to all entities covered by the ADA 
including those within the Workforce Investment System. An applicant 
may propose to provide technical assistance and training to entities 
within the Workforce Development System, and the application review 
process will evaluate the merits of the proposal.
    Changes: None.

[[Page 1501]]

    Comment: Three commenters made various suggestions to require the 
DBTACs to promote the employment status of persons with disabilities. 
Two commenters suggested that the DBTACs should be required to promote 
best practices in the employment area for business and government. One 
of these commenters also suggested that an additional selection 
criteria factor be added to evaluate applicants' proposals to promote 
successful employer practices that impact hiring, retention, and 
promotion of persons with disabilities.
    Two commenters suggested that the DBTACs undertake a number of 
activities to educate employers and employment specialists on providing 
accessible IT to employees with disabilities and the benefits of 
providing this accommodation.
    Discussion: One of the primary purposes of the ADA is to prohibit 
discrimination against persons with disabilities in the area of 
employment in order to improve their employment status. Nearly twenty-
five percent of all the training and technical assistance that the 
DBTACs provide is targeted to employers and businesses. The DBTACs have 
the authority to undertake the types of activities submitted by the 
commenters. We believe that they are excellent activities to promote 
the successful implementation of the ADA. However, in order to provide 
the DBTACs with as much flexibility as possible in meeting the needs of 
their regions, we decline to revise the selection criteria or require 
these specific activities. An applicant may propose to undertake the 
activities suggested by the commenters, and the application review 
process will evaluate the merits of the proposal.
    Changes: None.
    Comment: The priority adds a special emphasis to the mission of the 
DBTACs, by requiring them to assist educational entities in providing 
children, youth, and adults with disabilities with access to IT. Five 
commenters expressed various concerns about these activities.
    Three commenters observed that these activities departed 
significantly from the DBTACs' primary mission. One of these commenters 
suggested this activity emphasis could compromise the DBTACs' principal 
efforts in providing technical assistance and training on the ADA. The 
other two commenters suggested that the DBTACs did not possess the 
requisite experience in working with IT and State and local educational 
entities to be effective. These latter two commenters, as well as two 
additional commenters, suggested that the Assistive Technology Act 
State grantees would be more effective than the DBTACs in carrying out 
these activities.
    Discussion: We share the first commenter's concern that the special 
emphasis should not compromise the technical assistance and training 
that the DBTACs provide on the ADA. In order to ensure that this does 
not happen, we requested and received an increase of approximately five 
million dollars in the DBTAC program's budget. We believe that this 
additional support will allow the DBTACs to maintain their current 
level of activity on the ADA and effectively carry out the additional 
activities related to accessible education-based IT.
    In regard to the commenters who questioned whether the DBTACs were 
the appropriate vehicle to carry out the special emphasis, the DBTAC 
program has had a special emphasis on working with schools systems 
dating back to 1994 and has developed a State network structure that is 
well-suited to delivering training and technical assistance at the 
State and local levels. In order to ensure that the DBTACs have the 
technological expertise on IT that will be necessary to successfully 
carry out the special emphasis, we designed the priority and the 
selection criteria to require the DBTACs to partner with organizations 
that are expert in IT and maintain IT expertise on their staffs.
    In regard to the comment that the Assistive Technology State 
grantees would be more effective than the DBTACs in carrying out this 
special emphasis, NIDRR recognizes the valuable contribution that these 
organizations can make to this initiative. This is evidenced by the 
fact that the priority specifically requires the DBTACs to form 
regional partnerships with the Assistive Technology Act grantees among 
others. We note that the entities that administer the Assistive 
Technology State grants are eligible applicants for the DBTAC 
competition. NIDRR encourages competition in all of our programs, and 
looks forward to receiving applications from a wide range of applicants 
with the capabilities to fulfill the purposes of a DBTAC.
    Changes: None.
    Comment: The DBTACs should be required to utilize the personnel 
from the Assistive Technology Act Project and the Office of Special 
Education Program's Regional Resource Centers.
    Discussion: We decline to specify applicant personnel because 
applicants should be able to tailor proposed personnel to the 
activities that will be supported. An applicant may propose to utilize 
personnel from the Assistive Technology Act Project and the Office of 
Special Education Program's Regional Resource Centers, and the 
application review process will evaluate the merits of the proposal.
    Changes: None.
    Comment: Educational IT is unique in many respects and is developed 
by an industry that is diverse and not very advanced in addressing 
accessibility standards. Providing technical assistance and training to 
schools without a complementary effort targeted toward industry will 
minimize the impact of the priority.
    Discussion: We agree with the commenter's observations regarding 
the unique qualities of educational IT and the need to work with 
industry to improve the accessibility of their IT products. NIDRR has 
funded a Rehabilitation Engineering Research Center (RERC) on 
Information Technology Access since June of 1998, an Information 
Technology Technical Assistance and Training Center in FY2000, and 
plans on establishing a new RERC on Wireless Information Technology in 
FY2001. The mission of both of these RERCs is to work closely with 
industry to assist them in the development and marketing of accessible 
IT products. When these centers work with the educational IT industry, 
they will address the unique qualities of educational IT products. 
Therefore we believe that this priority is appropriately focused with 
an emphasis on education-based information technology.
    Changes: None.
    Comment: Two commenters expressed concern about the lack of 
national standards and its impact on the technical assistance provided 
by the DBTACs. One of these commenters suggested that NIDRR should wait 
for national standards for accessibility to computer labs to be 
developed before providing technical assistance and training to 
educational entities.
    Discussion: National accessibility standards, including those for 
computer labs, would simplify the work of the DBTACs significantly. 
However, educational entities need technical assistance now in order to 
improve the accessibility of their IT. We decline to wait to provide 
technical assistance and training.
    Changes: None.
    Comment: Elementary and secondary schools are accustomed to using 
the Individuals with Disabilities Education Act (IDEA) and Section 504 
to understand their obligation to provide accessible instructional 
technology to students with disabilities. It will be helpful to not 
only seek a clear legal interpretation of the ADA's

[[Page 1502]]

requirements for accessible IT, but also to connect that obligation to 
IDEA and Section 504.
    Discussion: As indicated in the background to the priority, covered 
entities often seek technical assistance to understand the relationship 
between related disability laws. In order for the DBTACs to be able to 
provide the type of technical assistance identified by the commenter, 
the priority requires the DBTACs to be knowledgeable about a wide array 
of disability-related or disability rights laws, including IDEA and 
Section 504. In addition, the priority emphasizes the importance of the 
DBTACs' promotion of best practices in order to encourage educational 
entities to acquire accessible IT even when they are not obligated to 
do so. Therefore, no changes are necessary to address the commenter's 
concern regarding 504 and IDEA because we expect the DBTACs to be able 
to assist schools to understand not only their ADA obligations, but 
also the relationships between the ADA, IDEA, and Section 504.
    In regard to the comment of the need for clear legal interpretation 
of the ADA's requirements for IT, as case law and policy guidance from 
responsible Federal agencies develop on the subject of the application 
of the ADA to IT, the DBTACs will disseminate this information to all 
interested parties.
    Changes: None.
    Comment: Does education-based IT include accessible textbooks and 
accessibility issues related to instructional media (e.g., captioning 
and audio description of video)?
    Discussion: The final paragraph of the introduction to the two 
priorities provides definitions of IT and education-based IT. If the 
textbooks and instructional media contemplated by the commenter meet 
the definition of IT cited in this paragraph, then they would be 
considered education-based IT.
    Changes: None.

Disability and Rehabilitation Research Project and Centers Program

    The authority for Disability and Rehabilitation Research Projects 
(DRRP) is contained in section 204 of the Rehabilitation of 1973, as 
amended (29 U.S.C. 762(g) and 764(b)(4)). The purpose of the Disability 
and Rehabilitation Research Project and Centers Program is to plan and 
conduct research, demonstration projects, training and related 
activities to--
    (a) Develop methods, procedures, and rehabilitation technology that 
maximizes the full inclusion and integration into society, employment, 
independent living, family support, and economic and social self-
sufficiency of individuals with disabilities; and
    (b) Improve the effectiveness of services authorized under the Act.

Priorities on the ADA and Accessible Education-Based Information 
Technology (IT)

    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. In October 1991, 
and again in October 1996, NIDRR awarded five-year grants to establish 
10 regional Disability and Business Technical Assistance Centers 
(DBTACs). These centers provide technical assistance and training on 
all of the requirements of the ADA to covered entities and individuals 
with responsibilities and rights under the ADA. Currently, there is one 
DBTAC in each of the 10 Department of Education regions. For FY 2001 
NIDRR is funding 10 new DBTACs that will maintain the current level of 
effort on providing information and technical assistance on the ADA as 
well as add a special emphasis in the area of education-based 
information technology (IT). The purpose of this special emphasis is to 
assist covered educational entities in providing children, youth, and 
adults with disabilities with access to IT.
    NIDRR is funding two priorities toward this end. The first will 
establish a national center on accessible education-based IT that will 
operate in collaboration with the DBTACs and will provide support and 
guidance on education-based accessible IT technical assistance 
activities. The second priority will establish 10 new DBTACs and 
delineates the technical assistance and training activities required of 
them to promote the successful implementation of the ADA, including 
those activities related to the special emphasis on educational 
institutions and accessible IT.
    For the purposes of these priorities, and consistent with the 
Clinger-Cohen Act of 1996, information technology is defined to include 
any equipment or interconnected system or subsystem of equipment that 
is used in the automatic acquisition, storage, manipulation, 
management, movement, control, display, switching, interchange, 
transmission, or reception of data or information. It includes computer 
hardware, software, networks, and peripherals as well as many 
electronic and communications devices commonly used in offices. 
Education-based IT refers to any IT that is used by either students or 
employees of educational entities, including, but not limited to, 
teachers, administrators, and administrative staff.

Priority 1: National Center on Accessible Education-Based IT

Background
    IT plays a critical role in all educational settings. Regardless of 
their age, students who cannot access IT are operating at a significant 
disadvantage to their peers who can. Recent reports suggests that, 
regardless of age, educators and students with disabilities face 
significant IT accessibility issues (``Computer and Internet Use Among 
People with Disabilities,'' Dr. Stephen Kaye, Disability Statistics 
Center, University of California-San Francisco, published by NIDRR, 
U.S. Department of Education, March 2000; and ``What are the Barriers 
to Use of Advanced Telecommunications for Students with Disabilities in 
Public Schools,'' Issue Brief published by the National Center for 
Education Statistics, U.S. Department of Education, NCES 2000-42, 
January 2000). These issues can be broken down into two types: legal 
and technological.
    Section 504 of the Rehabilitation Act of 1973, as amended, 
prohibits discrimination on the basis of disability in any program or 
activity of recipients of Federal financial assistance. Virtually all 
school districts receive Federal funds and have been required to comply 
with Section 504 for many years. The ADA extends this prohibition to a 
wider range of educational entities; however, with some exceptions, the 
ADA does not impose any major new requirements on school districts and 
other educational entities that receive Federal funds and are covered 
by Section 504.
    The ADA requires virtually all educational entities to ensure that 
persons with disabilities are not excluded from participation in, or 
denied the benefits of, its services, programs, and activities. This 
includes all aspects of the instructional environment, employment 
relationships, and services carried out by contractors. When IT is part 
of the programs, services, or activities provided by the educational 
entity, those entities have an obligation to ensure that the hardware 
and software that make up those technologies are accessible to all 
users. In some instances, educational entities may be unaware of their 
legal obligation to provide accessible IT to persons with disabilities 
who enroll or seek to enroll in their programs. Similarly, persons with 
disabilities may be unaware that

[[Page 1503]]

they are entitled under the ADA to access the IT of the educational 
entity.
    It may also be the case that educational entities do not have the 
information they need to either purchase accessible IT, or adapt the IT 
they have so that it is accessible to students or employees with 
disabilities. Both the responsible party within the educational entity 
(e.g., the procurement officer, related services personnel, the 
teacher, or the computer lab director) and the student, or employee 
with a disability, may be unaware that accessible IT exists and can be 
purchased, or that adaptations may be made to the existing IT to 
provide accessibility. When a student or employee with a disability 
uses assistive technology (e.g., an augmentative communication device), 
the technological problem may involve identifying the proper interface 
between the educational entity's IT and the student or employee's 
assistive technology. In these instances, information and technical 
assistance can aid the educational entity to provide accessible IT.
    Some educational entities may also be required to comply with the 
standards for accessible technology to be issued by the Access Board, 
as required by Section 508 of the Rehabilitation Act. Section 508 
requires Federal agencies and departments to ensure equal access to 
electronic and information technology for individuals with disabilities 
comparable to those who do not have disabilities, unless such a 
requirement would cause an undue burden. The Assistive Technology Act 
(AT Act) requires that States receiving assistance, including sub-
recipients of AT Act funds, under the AT State Grants program comply 
with the requirements of section 508, including the standards developed 
by the Access Board. Each State must determine whether entities such as 
colleges and universities or local and intermediate school districts 
are considered part of the State and therefore, must comply with 
Section 508 and the standards as published by the Access Board.
    Priority 1: We will establish a National Center on Accessible 
Education-Based IT to assist educational entities in providing persons 
with disabilities with accessible IT. The Center must:
    (1) Develop new materials and reformat or reprint existing 
materials to assist educational entities to understand and fulfill 
their legal obligations to provide accessible IT. These materials may 
include, but are not limited to, the ADA self-evaluation guide for 
schools, Section 504 and ADA guidance for educational entities, 
technical materials on IT access, consumers' guide to accessible IT, 
and technical IT standards;
    (2) Conduct a national information dissemination campaign to raise 
awareness on accessible education-based IT and inform target audiences 
on the availability of technical assistance from the DBTACs and others. 
This campaign may include, but is not limited to, print and electronic 
ads, newsletters, presentations at national conferences, and regular 
electronic communication with national organizations to update them on 
legal and technological developments;
    (3) Promote the procurement by educational entities of accessible 
information technology that meets the standards for section 508 or 
universal design principles;
    (4) Coordinate with and provide training, materials, and technical 
assistance to the DBTACs in support of their technical assistance 
efforts to educational entities on accessible IT;
    (5) Provide training, materials, and technical assistance to the U. 
S. Department of Education's various IT initiatives including, but not 
limited to, the Regional Technology in Education Consortia, 
Comprehensive Regional Assistance Centers, the Technology Literacy 
Challenge Fund, Community Technology Centers, and the Preparing 
Tomorrow's Teachers to Use Technology Programs in order to promote 
accessibility by persons with disabilities; and
    In carrying out these activities, the National Center on Accessible 
Education-based IT must:
     Include in its primary target audience elementary and 
secondary institutions, and postsecondary educational entities 
including, but not limited to, institutions of higher education, 
proprietary schools (particularly those offering IT training), and 
adult education programs;
     Coordinate with NIDRR's Rehabilitation Engineering 
Research Centers (RERCs) on Information Technology Access and 
Telecommunications Access, and also with NIDRR's Information Technology 
Technical Assistance and Training Center;
     Coordinate with relevant Federal agencies responsible for 
the administration of public laws that address access to and usability 
of education-based IT for persons with disabilities including, but not 
limited, to the General Services Administration, the Access Board, the 
Federal Communications Commission, the Department of Justice, and 
offices within the Department of Education including the Rehabilitation 
Services Administration, the Office of Special Education Programs, and 
the Office for Civil Rights;
     Develop and maintain a web site to assist educational 
entities to understand and fulfill their legal obligations related to 
accessible IT; and
     Provide information and technical assistance consistent 
with other IT accessibility laws, including, but not limited to, 
section 508 of the Rehabilitation Act.

Priority 2: Disability and Business Technical Assistance Centers

Background
    Covered entities and individuals with responsibilities and rights 
under the ADA continue to need technical assistance on the ADA. The 
demand for technical assistance services from the DBTACs has remained 
high since 1992 (see Table 1), a trend that will likely continue 
indefinitely.

  Table 1.--Summary of Selected DBTAC Technical Assistance and Training Activities From FY 1992 through FY 1999
----------------------------------------------------------------------------------------------------------------
                                                                                        Number of     Number of
                                                              Number of    Number of    technical     hard copy
                        Fiscal year                            800 line      people     assistance    materials
                                                                calls       trained      efforts    disseminated
----------------------------------------------------------------------------------------------------------------
1992.......................................................       20,000       30,759       40,313       188,842
1993.......................................................       61,000       63,341       79,964       539,511
1994.......................................................       75,700       56,800      127,736       698,040
1995.......................................................       90,400       64,870      152,395       901,878

[[Page 1504]]

 
1996.......................................................       88,500       64,502      135,000     1,800,000
1997.......................................................       91,534       70,000      180,909       785,695
1998.......................................................       92,312       86,000      157,126     1,082,294
1999.......................................................       90,839       74,500      170,865    1,014,057
----------------------------------------------------------------------------------------------------------------
Source: Annual Reports of NIDRR's ADA Technical Assistance Grantees FY 1992-FY 1999.

    In many instances, the nature of the technical assistance that the 
DBTACs provide today is more complex than the technical assistance they 
provided in the years shortly after the passage of the ADA. This is a 
result of covered entities seeking to stay current with the growing 
body of legal precedents as well as standards and policy guidance 
issued by responsible Federal agencies. However, there are still many 
covered entities that need information on the most fundamental 
requirements of the law. Subsequently, DBTACs must continue to provide 
basic information about the ADA as well as respond to more complex 
requests for technical assistance and training.
    In order to be effective, it is virtually imperative that the 
DBTACs exploit the benefits of IT and stay current with new 
developments in the field. For example, the DBTACs use web-based 
programs to carry out distance learning activities in order to increase 
access to and participation in their information dissemination efforts. 
In FY 1999 the DBTACs and the ADA Program Assistance Coordinator's web 
sites received over 870,001 visits. While there will always be a need 
to distribute hard copies of materials, the DBTACs receive increasing 
numbers of requests for electronic copies of these same materials. They 
also respond to technical questions, provide training, and participate 
in cooperative efforts related to ADA technical assistance activities 
using electronic media. To carry out a wide variety of electronic and 
web-based technical assistance and training activities, the DBTACs' 
staffs must have a sufficiently high level of expertise on IT.
    The DBTACs provide a wide range of technical assistance services 
such as referrals, consultation, and information dissemination. They 
also issue newsletters and information briefs, and participate in 
discussion groups on the Internet. The DBTACs address the needs of non-
English populations by distributing materials that have been translated 
into other languages and employing bilingual information specialists 
when appropriate. Table 2 indicates the recipient groups of the DBTACs 
technical assistance, training, and materials distribution activities 
in FY 1999.

 Table 2.--Summary of Percentage of Technical Assistance, Training, and
      Materials Distributed to Target Audience by DBTACs in FY 1999
------------------------------------------------------------------------
                                  Technical                  Materials
        Target audience           assistance    Training   distributions
------------------------------------------------------------------------
Disability entities............           50           44            45
Businesses.....................           31           24            30
Public entities................           14           23            18
Other..........................            5            9            7
------------------------------------------------------------------------
Source: Annual Report of NIDRR's ADA Technical Assistance Grantees FY
  1999.

    In addition, the DBTACs carry out public awareness activities on 
the ADA and the services provided by the DBTACs through a variety of 
means including, but not limited to, radio and television appearances, 
presentations at conferences, and the production of materials for 
newspaper and magazine articles. When it enhances their technical 
assistance activities, the DBTACs also disseminate ADA research 
findings generated by NIDRR-sponsored grantees and others.
    In order to tailor their efforts to State and local needs and 
maximize their resources, DBTACs also work to 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. 
These affiliates carry out their activities in collaboration with 
coalitions of organizations interested in promoting the implementation 
of the ADA. In addition, the DBTACs support and collaborate with 
Centers for Independent Living (CILs) to assist them in implementing 
the ADA through the provision of technical assistance and training.
    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. DBTAC 
services and activities are accessible to all individuals with 
disabilities, and all of the materials they distribute are available in 
alternate formats. The DBTACs also share a national toll-free telephone 
number that automatically connects the caller with the DBTAC serving 
the caller's area code. Further, the DBTACs meet semi-annually to 
coordinate their activities and receive briefings from Federal agencies 
with responsibilities under the ADA. They also evaluate their technical 
assistance efforts using the ADA Impact Measurement System (AIMS). AIMS 
uses a follow-up telephone survey and a postcard survey to measure the 
impact that the DBTACs' technical assistance has had on its customers 
and their level of satisfaction with the services that the DBTACs 
provided. AIMS are currently

[[Page 1505]]

maintained by one of the DBTACs. The proposed priority includes an 
optional activity authorizing a DBTAC to maintain AIMS over the 
proposed project period. From among those DBTAC applicants who propose 
to maintain AIMS over the project period, the application evaluation 
process will select one successful applicant to carry out this 
activity.
    Since 1991, the DBTACs have provided technical assistance and 
training to educational entities on their responsibilities under the 
ADA. In 1994, NIDRR funded a training project on the ADA for schools 
and supported the U.S. Department of Education Office for Civil Rights' 
development and publication of an ADA self-evaluation guide for public 
elementary and secondary schools. A toll-free ADA hotline specifically 
for school systems, that originated with the schools training project, 
is still in operation through the Region I DBTAC. The special emphasis 
that is being placed on the DBTACs to provide technical assistance on 
accessible IT to educational entities represents an expansion of their 
technical assistance efforts. In those instances where the requisite 
assistance is a matter of helping the entity to understand its legal 
obligation, NIDRR expects the DBTACs to provide accurate information to 
the educational entity on the requirements of the ADA. In those 
instances where the requisite assistance is technical and involves 
assisting the entity to procure, create, adapt, maintain or evaluate 
the accessibility of their IT, NIDRR expects the DBTACs to possess the 
requisite technical expertise or develop partnerships with agencies and 
organizations who have the necessary technical expertise.
    The DBTACs routinely receive inquiries that involve disability-
related laws or disability rights laws other than the ADA. In some of 
these instances, the inquiry concerns the interaction between the ADA 
and disability-related laws such as the Family and Medical Leave Act or 
the Worker's Compensation Act. In other instances, individuals with a 
disability may believe that their civil rights have been violated, but 
are not sure of the controlling authority. For example, individuals 
with a disability may want to know about their landlord's 
responsibility to make their apartment accessible. In this case, in 
order to provide appropriate technical assistance, the DBTAC must be 
sufficiently familiar with not only the ADA, but also the Fair Housing 
Act. Thus to respond directly or to refer the inquirer to an expert 
source of technical assistance, the DBTACs must be knowledgeable about 
a wide array of disability-related or disability rights laws.
    Priority 2: We will establish a Regional DBTAC in each of the 
Department of Education 10 regions to facilitate implementation of the 
ADA. Each center must:
    (1) Provide technical assistance and training and disseminate 
information to individuals and entities with responsibilities and 
rights under the ADA on the ADA's requirements as well as developments 
in case law, policy, and implementation;
    (2) Increase the capacity of organizations, at the State and local 
level, including CILs, to provide technical assistance and training on, 
disseminate information on, and promote awareness of the ADA;
    (3) Promote awareness of the ADA and the availability of services 
provided by the DBTACs, other NIDRR-sponsored ADA grantees, and other 
Federal information sources on the ADA;
    (4) Provide technical assistance and training and disseminate 
information on legal obligations of educational entities to provide 
accessible IT to students and employees;
    (5) Provide technical assistance to educational entities to enable 
them to conduct self-evaluations on the accessibility of their IT;
    (6) Provide technical assistance, either directly or through 
referral, on how to make existing IT accessible and ensure that new IT 
acquisitions are accessible;
    (7) Promote ``best practices'' by encouraging educational entities 
to purchase IT consistent with the standards issued by the Access Board 
under Section 508 or universal design principles, regardless of whether 
they have a legal obligation to do so;
    (8) Provide information to independent living centers, Parent 
Training Information Centers, and the Regional Resource Centers on 
accessible education-based IT; and
    (9) Form regional partnerships among Assistive Technology Act 
grantees, RERCs, Office of Special Education Programs' technology 
grantees, and other pertinent educational organizations and agencies to 
guide, coordinate, and if appropriate, carry out technical assistance 
activities in each region.
    In carrying out these activities each DBTAC must:
     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;
     Be knowledgeable about a wide array of disability-related 
or disability rights laws including, but not limited to, sections 504 
and 508 of the Rehabilitation Act, the Individuals with Disabilities 
Education Act, the Air Carriers Access Act, section 255 of the 
Telecommunications Act, section 188 of the Workforce Investment Act, 
the Fair Housing Act, the Family and Medical Leave Act, the AT Act, and 
workers' compensation laws;
     Coordinate its activities with the National Center on 
Accessible Education-based IT, and 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 President's Committee on 
Employment of Persons with Disabilities, the National Council on 
Disability, and other offices within the Department of Education 
including the Rehabilitation Services Administration, and the Office of 
Special Education Programs;
     Provide performance accountability data on a monthly and 
annual basis as requested by NIDRR;
     Distribute services and resources equitably--taking into 
account population and size--among each State in its region;
     Address the needs of non-English speaking populations; and
     Include in their target audience for activities (4), (5), 
(6) and (7): elementary and secondary institutions, and postsecondary 
educational entities including, but not limited to, institutions of 
higher learning, proprietary schools (particularly those offering IT 
training), and adult education programs.
    In carrying out its evaluation activities, a DBTAC may maintain the 
ADA Impact Measurement System.

Additional Selection Criterion for the DBTACs and the National 
Center on Accessible Education-Based IT Priorities

    We will use the selection criteria in 34 CFR 350.54 to evaluate 
applications under this program. In evaluating applications for the 
DBTACs and the National Center on Accessible Education-based IT and, we 
will also use the following factor under the project staff criterion. 
In determining the quality of the project staff, we will consider the 
extent to which key personnel have expert knowledge about state-of-the-
art IT to conduct all proposed activities.

[[Page 1506]]

Disability and Rehabilitation Research Project and Centers Program

    The purpose of the DRRP program is to plan and conduct research, 
demonstration projects, training, and related activities to:
    (a) Develop methods, procedures, and rehabilitation technology that 
maximizes the full inclusion and integration into society, employment, 
independent living, family support, and economic and social self-
sufficiency of individuals with disabilities; and
    (b) Improve the effectiveness of services authorized under the Act.

Additional Selection Criterion

    We will use the selection criteria in 34 CFR 350.54 to evaluate 
applications under these programs. The maximum score for all the 
criteria is 100 points; however, we will also use the following 
criterion so that up to an additional ten points may be earned by an 
applicant for a total possible score of 110 points.
    Up to ten (10) points based on the extent to which an application 
includes effective strategies for employing and advancing in employment 
qualified individuals with disabilities in projects awarded under this 
absolute priority. In determining the effectiveness of those 
strategies, we will consider the applicant's prior success, as 
described in the application, in employing and advancing in employment 
qualified individuals with disabilities.
    Thus, for purposes of this competitive preference, applicants can 
be awarded up to a total of 10 points in addition to those awarded 
under the published selection criteria for these priorities. That is, 
an applicant meeting this competitive preference could earn a maximum 
total of 110 points.
    Applicable Program Regulations: 34 CFR part 350.

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 preceding 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 the document is 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

(Catalog of Federal Domestic Assistance Numbers 84.133D, Disability 
Rehabilitation Research Project)


    Program Authority: 29 U.S.C. 762(g) and 764(b)(4).


    Dated: December 26, 2000.
Curtis L. Richards,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 01-86 Filed 1-4-01; 8:45 am]
BILLING CODE 4000-01-U