[Federal Register Volume 71, Number 160 (Friday, August 18, 2006)]
[Notices]
[Pages 48436-48440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7030]
[[Page 48435]]
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Part IV
Department of Education
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Grants and Cooperative Agreements; Notices
Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 /
Notices
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DEPARTMENT OF EDUCATION
Special Demonstration Programs--Model Demonstrations for
Assistive Technology Reutilization
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Notice of final priorities.
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SUMMARY: The Assistant Secretary for the Office of Special Education
and Rehabilitative Services (OSERS) announces final priorities under
the Special Demonstration Programs administered by the Rehabilitation
Services Administration (RSA). The Assistant Secretary may use one or
more of these priorities for competitions in fiscal year (FY) 2006 and
later years. This notice announces two priorities--a priority for model
demonstrations for assistive technology (AT) device reutilization and a
priority for a National Assistive Technology Device Reutilization
Coordination and Technical Assistance Center (Center). These priorities
are intended to increase access to AT devices for individuals with
disabilities. The term ``AT devices'' includes a wide range of AT, such
as computers, durable medical equipment, augmentative and alternative
communication, and other devices.
EFFECTIVE DATE: These priorities are effective September 18, 2006.
FOR FURTHER INFORMATION CONTACT: Jeremy Buzzell, U.S. Department of
Education, 400 Maryland Avenue, SW., room 5025, Potomac Center Plaza,
Washington, DC 20202-2800. Telephone: (202) 245-7319 or via Internet:
[email protected].
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) 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: The purpose of the Special Demonstration
Programs is to provide financial assistance to projects that expand and
improve the provision of rehabilitation and other services for
individuals with disabilities. The projects to be supported under these
priorities are intended to improve the provision of AT to individuals
with disabilities.
We published a notice of proposed priorities (NPP) for this program
in the Federal Register on April 26, 2006 (71 FR 24800). The NPP
included a background statement that described our rationale for each
priority proposed in that notice. This notice of final priorities (NFP)
contains several significant changes from the NPP. These changes are
explained in the following Analysis of Comments and Changes.
Analysis of Comments and Changes
In response to our invitation in the NPP, 17 parties submitted
comments on the proposed priorities. An analysis of the comments and of
any changes in the priorities since publication of the NPP follows. We
discuss substantive issues by topic under the number of the priority to
which they pertain. Due to the nature and number of changes made in the
priorities, OSERS significantly reorganized the priorities, including
renumbering some sections and deleting others.
Generally, we do not address technical and other minor changes and
suggested changes the law does not authorize us to make under the
applicable statutory authority.
Priority 1--Model Demonstrations for AT Device Reutilization
Priority 1--General
Comments: Four commenters recommended that the amount of funds to
cover indirect costs be limited to no more than 10 percent of the grant
award in order to ensure that most of the grant funds are used for
direct services.
Discussion: It is not necessary to limit indirect costs in the
final priority because 34 CFR 373.22 limits indirect costs to 10
percent of the total direct cost base or the grantee's actual indirect
costs, whichever is less.
Change: None.
Comment: One commenter requested greater specificity about
requiring grantees to provide plans for sustaining their projects
beyond the project period of this grant.
Discussion: Programs can be sustained in many ways, so OSERS agrees
that a clarification of what is meant by this requirement will be
helpful to potential applicants.
Change: OSERS replaced section (c) of Priority 1 with a new section
(a)(ii) of Priority 1 to clarify that the project must be designed to
sustain itself through its own activities beyond the project period of
the grant.
Priority 1--Eligibility Requirements
Comments: Three commenters suggested that interstate collaborations
be allowed to apply for grants under Priority 1.
Discussion: Eligible parties already are allowed to apply as a
group pursuant to 34 CFR 75.127 through 75.129 and 34 CFR 373.2(a)(6).
Change: OSERS replaced section (b) of Priority 1 with new sections
(a)(iii) and (a)(iv) of Priority 1 to clarify that projects may serve a
State or group of States.
Comments: Three commenters suggested that grants be limited to one
per State. One of these commenters would allow an exception if one
project involved a single State and another involved that same State in
a multi-State or regional project.
Discussion: Limiting grants to one per State may undermine the
competitive grant process and reduce the quality of services to
individuals with disabilities, because high quality applications from
one State would be passed over for low quality applications from
another State. Additionally, as is stated elsewhere in this notice,
statewide delivery of services will not be a requirement of applicants.
Limiting the grants to one per State may prevent a State from achieving
more comprehensive services through multiple grants.
Change: None.
Priority 1--Scope of Services
Comments: Two commenters recommended that rather than requiring
projects under Priority 1 to include all types of AT, serve people with
all types of disabilities, and be statewide, that grantees be allowed
to determine what AT they will reutilize, what types of disabilities
will be served, and whether they will serve the entire State.
Discussion: OSERS understands that different capacities and
expertise are required to reutilize particular types of devices.
Additionally, it is possible that a project can best meet the needs of
individuals with disabilities in particular areas of a State rather
than on a statewide basis. Therefore, OSERS agrees that projects should
have discretion to determine what types of devices they will reutilize
and whether they have the capacity to serve statewide. However,
individuals with diverse disabilities can benefit from similar devices;
therefore, it is not appropriate to give States the discretion to limit
the type of disability served.
Change: OSERS has removed language from section (a) of Priority 1
requiring that projects be statewide and recycle all types of AT.
Priority 1--Requirements for Project Operations
Comments: Three commenters recommended that grantees under Priority
1 be required to use
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professional technicians to refurbish the recycled devices.
Discussion: Existing device reutilization projects use various
models to successfully reutilize AT devices and rely on a wide range of
expertise. Given the diversity of programs nationally and the lack of
agreed-upon best practices for device reutilization, imposing such a
requirement would unfairly restrict applications from viable programs.
However, OSERS agrees that it is important to encourage the
establishment of best practices in the field of AT device
reutilization.
Changes: OSERS deleted sections 1(d) and 2(a) of Priority 2 and
added sections (a)(ii), (a)(iv), and (b)(iv) to Priority 2 to require
the Center to investigate and nationally disseminate best practices and
to explore the need for and feasibility of developing standards of
practice.
Priority 1--Collaboration
Comments: Four commenters suggested that every grantee under
Priority 1 be required to collaborate with the Statewide Assistive
Technology Program (Statewide AT Program) funded under the Assistive
Technology Act of 1998, as amended (AT Act), in their State, and two
commenters recommended requiring an assurance from the Statewide AT
Program in their State that the grantee's application supplements and
coordinates with the Statewide AT Program's reutilization activities.
Discussion: Because Statewide AT Programs conduct reutilization
activities, OSERS agrees that projects funded under Priority 1 should
collaborate with Statewide AT Programs to ensure better services to
individuals with disabilities in their States. However, requiring an
applicant under Priority 1 to provide an assurance in its application
from the Statewide AT Program in its State that the application
supplements and coordinates these reutilization activities would
unfairly limit applications and undermine the competitive process.
Requiring such an assurance from the Statewide AT Program would allow
the Statewide AT Program to determine what entities can apply under
Priority 1 by agreeing to or refusing to provide an assurance to an
entity.
Change: OSERS replaced section (b) of Priority 1, with a new
section (a)(iii), which requires that grantees coordinate and
collaborate with reutilization activities funded under the AT Act.
However, an assurance from the grantee under the AT State Grant program
will not be required as part of the application. OSERS also included in
section (a)(iii) language from section (h) in the NPP requiring that
funds be used to supplement and not supplant the efforts of the
Statewide AT Program.
Comments: One commenter recommended including a list of partners
with whom grantees funded under Priority 1 should be required to
collaborate, including AT Act programs, alternative financing programs,
vocational rehabilitation agencies, education agencies, and vendors. An
additional two commenters suggested that grantees be required to
partner with manufacturers and suppliers of AT to conduct
reutilization.
Discussion: OSERS agrees that collaboration is important for
projects funded under Priority 1.
Change: OSERS replaced section (b) with a new section (a)(iv),
which requires that grantees collaborate with relevant entities as
appropriate, including the National Assistive Technology Device
Reutilization Coordination and Technical Assistance Center funded under
Priority 2, as well as State agencies that fund AT, alternative
financing programs, vendors and manufacturers of AT, and other relevant
entities and organizations.
Priority 1--Compliance with Regulations and Standards of Practice
Comments: Two commenters want to require grantees under Priority 1
to collaborate with manufacturers to establish standards for useful
life by device type, minimum training and expertise for refurbishing
and repair staff, and guidelines for training and education of clients
and caregivers.
Discussion: OSERS agrees that it may be important to establish
standards or best practices in device reutilization. However, if each
project funded under Priority 1 works separately with manufacturers to
establish standards, the standards will be inconsistent.
Change: OSERS added section (a)(iv) to Priority 2 to require the
Center to explore the need for and feasibility of developing standards
of practice.
Comments: Two commenters recommended that all grantees under
Priority 1 be required to submit an assurance of compliance with all
appropriate State and Federal requirements pertinent to the reuse,
recycling, and sanitization of devices.
Discussion: While OSERS understands that projects may need
assistance in understanding the appropriate State and Federal
requirements, Priority 1 projects are subject to State and Federal
requirements regardless of an additional assurance. Therefore, such an
assurance is unnecessary. We believe it would be appropriate for the
Center funded under Priority 2 to provide technical assistance to
Priority 1 grantees on State and Federal requirements.
Change: OSERS has added sections (a)(iii) and (b)(iii) to Priority
2 requiring the Center funded under Priority 2 to disseminate
information and to provide technical assistance related to relevant
State and Federal requirements to projects funded under Priority 1.
Comments: Three commenters requested a requirement that all model
demonstrations develop and maintain standards of practice and develop
protocols for referrals to AT practitioners to provide evaluations.
Discussion: OSERS agrees that it may be important to develop
standards of practice or procedures for referral. However, if each
project funded under Priority 1 works separately to develop standards
of practice or procedures for referrals, the standards and procedures
will be inconsistent.
Change: OSERS added section (a)(iv) to Priority 2 to require the
Center to explore the need for and feasibility of developing standards
of practice for AT device reutilization nationally.
Priority 1--Data Collection and Reporting
Comments: Three commenters recommended that projects under Priority
1 be required to report to manufacturers when a reuse project has
possession of a device and when a device has been involved in an injury
or death.
Discussion: We agree that these types of reports may be beneficial.
However, if each project funded under Priority 1 works separately with
manufacturers to provide that information, reporting will not be
standardized or reliable.
Change: OSERS added section (a)(v) to Priority 2 to require the
Center to explore the necessity, feasibility, and development of
reporting to AT manufacturers by Priority 1 grantees.
Comments: One commenter recommended that one data collection system
be formed by RSA, the Center funded under Priority 2, and the grantees,
rather than having each grantee form its own system. An additional
commenter recommended that grantees under Priority 1 use common
measurement standards that are developed by the Center under Priority
2.
Discussion: OSERS agrees that a unified system of measuring and
collecting data should be developed, which was intended by the NPP.
Change: OSERS replaced section (d) in Priority 1 and section 1(g)
in Priority 2 with a new section (b)(i) of Priority 1
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and section (b)(v) of Priority 2 to clarify that RSA, the Center in
Priority 2, and projects funded under Priority 1 will work together to
develop a unified system of measuring and collecting data and to
identify appropriate outcome measures and methods of collecting data.
Comments: Four commenters recommended that the data collection
requirements for Priority 1 be the same as the data collection
requirements for device reutilization programs under the AT Act. An
additional three commenters wanted to require that Priority 1 projects
identify and collect data to measure clinical outcomes of individuals
served by device reutilization programs.
Discussion: OSERS believes that developing appropriate data
collection requirements and identifying outcomes is important. OSERS
agrees that data reported by projects funded under Priority 1, at a
minimum, should meet the data collection requirements for device
reutilization under the AT Act. However, restricting the data
collection requirements solely to the requirements under the AT Act
would limit the data collection before the full data needs of projects
funded under Priority 1 have been explored. Additionally, while OSERS
agrees that measuring outcomes, including clinical outcomes, of those
served by reutilization programs may be important, outcome measurement
will be inconsistent if grantees under Priority 1 separately develop
methods of outcome measurement.
Change: OSERS eliminated specific data collection requirements by
deleting sections (e) through (g) of Priority 1. Instead, OSERS added
sections (b)(i) and (b)(ii) to Priority 1 and sections (b)(v) and
(b)(vi) to Priority 2 to require that the Center funded under Priority
2 and projects funded under Priority 1 work together with RSA to
develop a data collection system, including identifying appropriate
outcomes and outcome measures.
Priority 2-- National AT Device Reutilization Coordination and
Technical Assistance Center
Priority 2--Eligibility and Collaboration with Stakeholders
Comments: Three commenters wanted to require entities that apply
under Priority 2 to have direct experience reutilizing devices in order
to be eligible.
Discussion: While OSERS agrees that the expertise from those with
direct experience reutilizing devices is important, eligibility
requirements are established in section 303(b)(2)(A) of the
Rehabilitation Act of 1973, as amended, and 34 CFR 373.2.
Change: None.
Comments: Four commenters recommended that under Priority 2 the
grantee be required to create an advisory and oversight committee
comprised of stakeholders. An additional three commenters wanted to
limit eligibility under Priority 2 to applicants who constitute a
collaborative of entities that are stakeholders in reutilization of AT.
Discussion: OSERS agrees that the Center funded under Priority 2
should work with a variety of stakeholders. However, while the
eligibility requirements established in 34 CFR 373.2 allow applications
by consortia, OSERS does not believe it is appropriate to restrict
applications to consortia of stakeholders. In addition, while OSERS
believes that the Center should be required to collaborate with
stakeholders, effective collaboration with stakeholders can be achieved
in many ways. Therefore, OSERS does not believe that it is necessary to
require the Center to have an advisory committee. The grantee should
have discretion as to the method by which it collaborates and with whom
it collaborates.
Changes: OSERS replaced sections 2(c) and 2(e) of Priority 2 with
new sections (a) and (c)(v) of Priority 2 to clarify that collaboration
with stakeholders is a requirement of the Center funded under Priority
2.
Priority 2--Scope of Work
Comments: Two commenters recommended that the Center be used to
identify regulatory issues and ensure compliance.
Discussion: OSERS agrees that the identification and dissemination
of State and Federal requirements governing device reutilization is
important and that this should be a key responsibility of the Center
funded under Priority 2. However, while a Center can disseminate and
provide technical assistance about requirements, it cannot enforce
these requirements.
Change: OSERS replaced section 1(a) of Priority 2 with a new
section (b), which includes (b)(iii) requiring the Center to
disseminate information and provide technical assistance on compliance
with State and Federal requirements regarding AT device utilization.
Comment: One commenter suggested funding Priority 2 prior to
funding Priority 1 to identify regulatory issues and standards of
practice prior to the operation of model demonstrations under Priority
1.
Discussion: There are many device reutilization projects already in
existence, and there are many instances in which developing or
expanding reutilization represents an immediate need for States.
Further, OSERS believes that the projects funded under Priority 1 must
be able to provide input into the development of any standards of
practice. Therefore, it would not be appropriate to delay the funding
of projects under Priority 1.
Change: None.
Comment: None.
Discussion: OSERS believes that reutilization of AT devices can be
an important part of a national strategy to respond to the needs of
individuals with disabilities involved in natural disasters. The Center
funded under Priority 2 and the projects funded under Priority 1
present an opportunity to develop a coordinated effort to collect and
distribute reutilized AT devices following a natural disaster.
Change: OSERS added section (c)(vi) to Priority 2 requiring the
Center to develop a plan for device reutilization to meet the AT needs
of individuals with disabilities who are affected by natural disasters.
Note: This notice does not solicit applications. In any year in
which we choose to use one or more of these priorities, we invite
applications through a notice in the Federal Register. When inviting
applications we designate each priority as absolute, competitive
preference, or invitational. The effect of each type of priority
follows:
Absolute priority: Under an absolute priority we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority we give competitive preference to an application by either (1)
awarding additional points, depending on how well or the extent to
which the application meets the competitive priority (34 CFR
75.105(c)(2)(i)); or (2) selecting an application that meets the
competitive priority over an application of comparable merit that does
not meet the priority (34 CFR 75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority we are
particularly interested in applications that meet the invitational
priority. However, we do not give an application that meets the
invitational priority a competitive or absolute preference over other
applications (34 CFR 75.105(c)(1)).
Priorities
Priority 1--Model Demonstrations for AT Device Reutilization
This priority supports projects that propose model demonstrations
to establish or expand AT device
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reutilization to serve consumers in a State or group of States.
Projects funded under this priority must--
(a) Establish a new AT device reutilization project, expand an
existing AT device reutilization project, or coordinate a partnership
of AT device reutilization projects in a State or group of States,
that--
(i) Meets the AT needs of individuals with disabilities without
regard to type of disability;
(ii) Is designed to sustain itself through its own activities
beyond the project period of the grant;
(iii) Coordinates and collaborates directly with, and supplements
but does not supplant, reutilization activities in that State or group
of States funded under section 4 of the Assistive Technology Act of
1998, as amended; and
(iv) Coordinates and collaborates with providers of AT devices and
AT services in the State or group of States and other relevant entities
as appropriate, including the National AT Device Reutilization
Coordination and Technical Assistance Center (Center) funded by the
Department, as well as State agencies that fund AT, alternative
financing programs, vendors and manufacturers of AT, and other relevant
entities and organizations; and
(b) Participate in data collection by--
(i) Working with RSA and the Center to develop a unified data
collection system, including identifying appropriate outcomes and
outcome measures; and
(ii) Collecting and reporting data on activities and outcomes as
determined by RSA.
Priority 2--National AT Device Reutilization Coordination and Technical
Assistance Center
This priority supports a National AT Device Reutilization
Coordination and Technical Assistance Center that will address issues
of national significance in AT device reutilization; provide technical
assistance to AT device reutilization projects funded by the Department
under the Model Demonstrations for AT Device Reutilization priority
(Model Demonstrations Projects) and from other sources; and coordinate
and network AT device reutilization projects funded both under the
Model Demonstrations Projects and from other sources.
(a) To address issues of national significance in AT device
reutilization, the Center funded under this priority must collaborate
with public and private AT stakeholders (including providers of AT
devices, AT services, and funding for AT at the State and Federal
level; vendors and manufacturers of AT; and other relevant entities and
organizations) to--
(i) Identify national issues that affect AT device reutilization;
(ii) Investigate the national scope, trends, best practices, and
impact of AT device reutilization;
(iii) Identify Federal and State policies that affect AT device
reutilization;
(iv) Explore the need for and feasibility of developing standards
of practice for AT device reutilization nationally;
(v) Explore the necessity, feasibility, and development of
reporting information to AT manufacturers; and
(vi) Address issues on the national level, such as building
relationships among AT device vendors and manufacturers and projects
funded under Model Demonstration Projects and working on liability and
reimbursement issues.
(b) To provide technical assistance to reutilization projects
funded both under Model Demonstrations Projects and from other sources,
the Center funded under this priority must--
(i) Assist AT device reutilization projects with establishment,
expansion, improvement, and sustainability by disseminating information
about best practices and successful models for AT device reutilization;
(ii) Conduct follow-up activities that are designed to enable AT
device reutilization programs to continue beyond the three years of
Federal funding;
(iii) Disseminate information on Federal and State policies that
affect AT device reutilization and how projects should ensure
compliance with these policies;
(iv) Disseminate information on standards of practice in AT device
reutilization, if applicable;
(v) Work with projects funded under Model Demonstrations Projects,
stakeholders, and RSA to identify appropriate outcome measures and
methods of collecting data; and
(vi) Work with RSA and grantees under Model Demonstrations Projects
to develop a unified data collection system for use by these grantees.
(c) To coordinate and network reutilization projects funded under
Model Demonstrations Projects and from other sources, the Center must--
(i) Establish a national network of statewide AT device
reutilization systems funded under Model Demonstration Projects and
supported by other entities;
(ii) Facilitate information and resource exchange among grantees;
(iii) Encourage interstate activities among grantees;
(iv) Nationally market and promote AT device reutilization to
individuals with disabilities and other stakeholders;
(v) Collaborate with relevant national organizations and national
networks; and
(vi) Develop a plan for how AT device reutilization projects can
meet the AT needs of individuals with disabilities who are affected by
natural disasters.
Executive Order 12866
This notice of final priorities has been reviewed in accordance
with Executive Order 12866. Under the terms of the order, we have
assessed the potential costs and benefits of this regulatory action.
The potential costs associated with the notice of final priorities
are those resulting from statutory requirements and those we have
determined as necessary for administering this program effectively and
efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of this notice of final priorities, we have determined
that the benefits of the final priorities justify the costs.
We have also determined that this regulatory action does not unduly
interfere with State, local, and tribal governments in the exercise of
their governmental functions.
Summary of Potential Costs and Benefits
The potential costs associated with these final priorities are
minimal, while the benefits are significant. Grantees will increase the
number of individuals with disabilities who obtain the AT they need.
Grantees may anticipate costs associated with completing the
application process in terms of staff time, copying, and mailing or
delivery. The use of electronic application technology reduces mailing
and copying costs significantly.
Intergovernmental Review
This program is subject to 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 this program.
Applicable Program Regulations: 34 CFR part 373.
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Electronic Access to This Document
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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.gpoaccess.gov/nara/index.html.
Catalog of Federal Domestic Assistance Number 84.235V Special
Demonstration Programs)
Program Authority: 29 U.S.C. 773(b).
Dated: August 16, 2006.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 06-7030 Filed 8-17-06; 8:45 am]
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