[Federal Register Volume 72, Number 120 (Friday, June 22, 2007)]
[Notices]
[Pages 34450-34454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12115]


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DEPARTMENT OF EDUCATION


Centers for Independent Living Program--Training and Technical 
Assistance

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 two priorities under the 
Centers for Independent Living (CIL) Program--Training and Technical 
Assistance. The Assistant Secretary may use one or more of these 
priorities for competitions in fiscal year (FY) 2007 and in later 
years. We take this action to improve the CIL program efficiency, 
quality of evaluation methods for CIL program activities, and outcomes 
for individuals with significant disabilities who receive independent 
living services from CILs and to improve the performance of Statewide 
Independent Living Councils (SILCs).

EFFECTIVE DATE: These priorities are effective July 23, 2007.

FOR FURTHER INFORMATION CONTACT: Sean Barrett, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 5042, Potomac Center Plaza, 
Washington, DC 20202. Telephone:

[[Page 34451]]

(202) 245-7604 or via Internet: [email protected].
    If you use a telecommunications device for the deaf (TDD), you may 
call the TDD number at (866) 889-6737.
    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: We published a notice of proposed priorities 
(NPP) for this competition in the Federal Register on March 6, 2007 (72 
FR 9936). The NPP included a background statement that described our 
rationale for each priority proposed in that notice. Except for minor 
editorial revisions, there are no differences between the NPP and this 
notice of final priorities.

Analysis of Comments and Changes

    In response to our invitation in the NPP, 23 parties submitted 
comments on the proposed priorities. An analysis of the comments and 
our responses follows.
    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.
    Comment: Sixteen commenters opposed the Department's proposal to 
establish two separate priorities and award separate training and 
technical assistance grants for CILs and SILCs, while two commenters 
supported the Department's proposal. Those commenters opposed to 
separate grants for CILs and SILCs expressed many of the same concerns. 
A majority of these commenters noted that CILs and SILCs have similar 
goals and require similar knowledge if they are to work together to 
achieve those goals. They opined that a training program in which CILs 
and SILCs are trained together allows the CILs and SILCs to understand 
the activities, needs, and issues of one another and that establishing 
two separate priorities and awarding separate grants would be a barrier 
to effective communication and collaboration between CILs and SILCs.
    Several commenters regarded the awarding of separate grants to CILs 
and SILCs as inefficient because of duplicative administrative 
structures. One of these commenters was specifically concerned that 
there may not be enough funding for comprehensive training to SILCs, 
given that there are many fewer SILCs to be trained than CILs.
    A few commenters suggested that the intent of the 1992 technical 
amendments to the Rehabilitation Act of 1973, as amended (the Act) that 
authorized SILCs, in addition to CILs, to receive training and 
technical assistance was that the training and technical assistance be 
shared with the CILs. These commenters expressed concern that separate 
grants would increase the likelihood of CILs and SILCs receiving 
conflicting information.
    Discussion: While CILs and SILCs share a common goal of improving 
independent living outcomes for persons with significant disabilities, 
their statutorily established activities and responsibilities 
(reflected in sections 705 and 725 of the Act) are fundamentally 
different. The establishment of separate priorities and the awarding of 
separate grants will permit grantees to focus training and technical 
assistance on the specific needs of CILs and SILCs to ensure that the 
unique activities and responsibilities of the CILs and SILCs are 
addressed. Rather than create a barrier to collaboration between CILs 
and SILCs, we believe the establishment of separate priorities and the 
awarding of separate grants will produce CILs and SILCs that are well-
trained on their respective responsibilities and that are better able 
to communicate and collaborate with their independent living 
counterparts in the State.
    Although one grantee may be providing training and technical 
assistance to CILs and another grantee may be providing training and 
technical assistance to SILCs, the CILs and SILCs will learn about each 
other in the course of the training and technical assistance they 
receive. We recognize that, although CILs and SILCs occupy different 
roles in a State's independent living program, CILs and SILCs must 
understand each other, interact closely, and work well together to 
improve the delivery of independent living services to individuals with 
significant disabilities in their State. For this reason, the 
priorities established in this notice of final priorities require 
grantees to collaborate and coordinate with each other, and other 
training and technical assistance projects, in order to ensure that 
CILs and SILCs receive accurate and consistent information about 
themselves and each other.
    The 1992 technical amendments to the Act authorized the SILCs to 
receive training and technical assistance and clearly indicated the 
intent of Congress that the Department fund a project to provide such 
training and technical assistance. However, the amendments did not 
require that training and technical assistance be provided by a single 
grantee that also provides training and technical assistance to CILs. 
The Act provides the Department with the discretion to determine how 
the training and technical assistance will be provided.
    We recognize the potential duplication of administrative costs that 
may result from funding two grantees under separate priorities. 
However, we believe that focusing resources on meeting the unique needs 
of CILs and SILCs creates benefits that outweigh the potential 
duplication of administrative costs. While we recognize that there are 
fewer SILCs than CILs, we anticipate that sufficient funding will be 
available for a grantee serving SILCs to accomplish its training and 
technical assistance goals and objectives for the SILCs. Finally, we 
note that a single entity can apply for both grants with separate 
applications, potentially reducing post-award duplicative 
administrative costs.
    Changes: None.
    Comment: Five commenters addressed the content requirements of the 
training and technical assistance that the grantees will provide. Four 
of these commenters suggested that the two priorities should require 
training and technical assistance on specific issues, including 
transition, veterans' needs, disaster recovery, CIL Board member 
selection and training, outreach, succession planning, risk assessment, 
liability, and insurance coverage. The fifth commenter asked for 
clarification as to whether applicants were precluded from addressing 
youth transition issues under the priorities because the NPP noted that 
the Department currently funds a training and technical assistance 
grant that focuses on the issue of service delivery to young people 
with disabilities as they transition from school to living 
independently.
    Discussion: CILs and SILCs around the country have different 
training and technical assistance needs depending upon a variety of 
factors, including, but not limited to, whether the CIL is located in 
an urban or rural area, the experience and background of CIL board 
members or SILC members, and whether the CIL is well-established or 
relatively new. We expect grantees to identify, and to propose training 
content that addresses issues that are specific to the needs of 
individual CILs or SILCs as well as those common to a number of CILs or 
SILCs. Requiring grantees under these priorities to address certain 
content areas could limit the ability of the grantees to address other 
issues or emerging training and technical

[[Page 34452]]

assistance needs. We prefer to provide applicants with the flexibility 
to propose the content of the specific training and technical 
assistance they intend to provide and to describe how they determined 
the content areas and the need for training and technical assistance in 
those areas. The application review process will evaluate the merits of 
the proposed content of the training and technical assistance.
    Regarding the commenter's request for clarification, the NPP noted 
that the Department currently funds a training and technical assistance 
grant focusing on youths in transition and stated that the two 
priorities proposed for CILs and SILCs would be for general, 
comprehensive training and technical assistance. That said, an 
applicant for a grant under one of the two priorities established in 
this notice is not precluded from including transitioning youths as a 
content area in its proposed training and technical assistance. Any 
applicant that identifies training and technical assistance on youths 
in transition as a need and proposes such training must show, as 
required by each priority, how it will coordinate and collaborate with 
the other Department-funded training and technical assistance projects, 
including the one that focuses on transition, in order to ensure that 
training and technical assistance activities are complementary and non-
duplicative and that dissemination activities are effective and 
efficient.
    Changes: None.
    Comment: Three commenters stated a concern that grantees will not 
be able to provide training and technical assistance to CILs and SILCs 
within a wide geographic range, including rural areas.
    Discussion: Both priorities established in this notice require 
grantees to develop and implement a plan to provide training and 
technical assistance to all federally funded CILs and all SILCs. These 
requirements are sufficient to ensure that the grantees under these 
priorities provide training and technical assistance to CILs and SILCs 
within a wide geographic range, including rural areas. The application 
review process will evaluate the merits of the applications in this 
regard.
    Changes: None.
    Comment: One commenter recommended requiring grantees to 
collaborate with a number of resources, including State associations of 
CILs, State agencies that administer funding to CILs, and the National 
Council on Independent Living.
    Discussion: The priorities establish minimum requirements for 
collaboration by the grantees. Under each priority, an applicant could 
propose to collaborate with additional entities, including State 
associations of CILs, State agencies that administer funding to CILs, 
or the National Council on Independent Living. Applicants have the 
flexibility to propose additional partners with which they plan to 
collaborate under the priorities. The application review process will 
evaluate the merits of any additional proposed collaborative partners.
    Changes: None.
    Comment: Three commenters recommended adding a requirement that the 
application review panel and applicants be ``consumer-controlled'', 
i.e., have a majority of individuals with disabilities in decision-
making positions.
    Discussion: The CIL program regulations in 34 CFR 366.10 state 
that, in order to be eligible to receive funding to provide training 
and technical assistance, entities must have experience in the 
operation of centers. Nothing in the Act or the program regulations 
gives the Department the discretion to limit eligibility to only those 
applicants who are consumer-controlled entities.
    The program regulations in 34 CFR 366.12(b) also state that the 
peer review of grant applications by panels must include persons who 
are not Federal government employees and who have experience in the 
operation of centers. Nothing in the Act or the program regulations 
gives the Department the discretion to limit peer review panels to only 
individuals with disabilities. We make every effort to ensure that the 
application review panels include highly qualified individuals with 
disabilities from diverse backgrounds who have the content expertise 
required.
    Finally, we note that the selection criteria used by the 
application review panel to evaluate applications for training and 
technical assistance awards includes, in 34 CFR 366.15(d)(v), an 
examination of the extent to which the applicant encourages 
applications for employment from persons who are members of groups that 
have been traditionally under-represented, including persons with 
disabilities.
    Changes: None.
    Comment: One commenter recommended requiring grantees under these 
priorities to utilize a peer-to-peer training model.
    Discussion: There are many possible training models that a grantee 
can use, including a peer-to-peer model. We prefer to provide 
applicants with the flexibility to propose the training models that the 
training and technical assistance project will employ. The application 
review process will evaluate the merits of the training models that 
applicants propose.
    Changes: None.
    Comment: One commenter expressed concern over the large number of 
entities to be served by the grants.
    Discussion: We anticipate that the five-year grant period and 
projected funding levels for the grants will be sufficient to ensure 
that the needs of the CILs and SILCs served by the training and 
technical assistance providers will be addressed.
    Changes: None.
    Comment: One commenter recommended that the grantees subcontract 
with CILs and SILCs to provide the training and technical assistance.
    Discussion: Consistent with applicable regulations, grantees have 
the authority to enter into subcontracts, and applicants can propose to 
subcontract with CILs or SILCs. If an applicant chooses to enter into 
subcontracts, we prefer to provide applicants with the discretion to 
choose the subcontractors. The application review process will evaluate 
the merits of any proposed subcontracts.
    Changes: None.
    Comment: One commenter opposed the establishment of both priorities 
because the commenter claimed that the current train-the-trainer-model 
has been ineffective and, as a result, the needs of individuals with 
significant disabilities are not being met.
    Discussion: The Department does not believe that the training 
provided to CILs and SILCs has been ineffective. The Department is 
legally required to set aside funding from the CIL program to provide 
training and technical assistance to CILs, eligible agencies, and 
SILCs. Moreover, there is a continuing need for training and technical 
assistance to CILs due to the formation of new CILs, the expansion or 
change of existing CILs, and personnel changes in the CILs. Likewise, 
there is a continuing need for training and technical assistance for 
SILCs due to the varied backgrounds of the SILC members, the turnover 
of SILC membership, and the rotational appointment of SILC members. 
Further, because CILs deliver services directly to individuals with 
significant disabilities and because SILCs provide a forum for all 
independent living stakeholders in the State to set policy for the 
State's independent living program, it is important to provide timely 
and targeted training to each type of entity. The goal of training both 
the CILs and the SILCs is to enable them to carry out

[[Page 34453]]

their respective functions and, ultimately, to better prepare them to 
meet the needs of individuals with significant disabilities and improve 
outcomes for those individuals who receive independent living services.
    Changes: None.

    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 preference priority 
(34 CFR 75.105(c)(2)(i)); or (2) selecting an application that meets 
the competitive preference 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--Centers for Independent Living (CILs) Training and 
Technical Assistance Center

    This priority supports a CILs Training and Technical Assistance 
Center (CILs T&TA Center) to improve the performance of CILs by 
providing training and technical assistance to the CILs on the 
programmatic and financial aspects of their operations, including 
information on effective practices and proven solutions to common 
problems. CILs are distributed across the Nation and vary in size, 
stage of development, service area characteristics, and urgency of need 
for training and technical assistance. Therefore, the training and 
technical assistance provided by the CILs T&TA Center must be sensitive 
to this diversity and must encompass a broad range of topics.
    The CILs T&TA Center must make available to all CILs a broad array 
of resources, training, and technical assistance. In addition, the CILs 
T&TA Center must address the specific needs of CILs by providing those 
CILs that require it with intensive, individualized, on-site training 
and technical assistance that meets their needs. In this regard, the 
CILs T&TA Center must be prepared to respond promptly to the 
Department's identification of particular training and technical 
assistance needs in general and those of particular CILs.
    In coordination with the Department, the CILs T&TA Center must--
    (a) Develop and provide training and technical assistance, based on 
the CILs' annual performance report survey and other available data, on 
topics related to the provision and expansion of independent living 
(IL) services (primarily the IL core services), fiscal and management 
practices, compliance with CIL standards and assurances, increased 
program efficiency, rigorous evaluation, and improved outcomes as 
measured by long-term goals and indicators;
    (b) Develop and implement a plan to ensure that training and 
technical assistance efforts will reach all federally funded CILs and 
other eligible agencies;
    (c) Refer CILs and eligible agencies to non-IL specific training 
and technical assistance available through government or non-government 
resources;
    (d) Utilize a broad range of available, accessible technologies and 
methodologies to provide training and technical assistance to CILs and 
eligible agencies in the most effective and cost efficient manner;
    (e) Provide focused, intensive and rapid training and technical 
assistance to CILs identified by the Department as needing, or to CILs 
requesting, such assistance;
    (f) Identify and develop accessible training and technical 
assistance materials and disseminate these materials to CILs and 
eligible agencies; and
    (g) Coordinate and collaborate with other training and technical 
assistance projects funded by the Department to ensure that training 
and technical assistance activities are complementary and non-
duplicative and that dissemination activities are effective and 
efficient. At a minimum, the CILs T&TA Center must coordinate with any 
SILC Training and Technical Assistance Center funded under the 
Statewide Independent Living Councils (SILCs) Training and Technical 
Assistance Center priority.

Priority 2--Statewide Independent Living Councils (SILCs) Training and 
Technical Assistance Center

    This priority supports a SILCs Training and Technical Assistance 
Center (SILCs T&TA Center) to improve the performance of SILCs through 
greater access to timely and relevant training and technical assistance 
regarding SILC duties and operation.
    In coordination with the Department, the SILCs T&TA Center must--
    (a) Develop and provide training and technical assistance, based on 
the SILCs' annual performance report survey and other available data, 
on topics directly related to SILC legal responsibilities, including 
SILC organization and operation and the development of the SPIL;
    (b) Develop and implement a plan to provide to all SILCs the 
training and technical assistance identified in paragraph (a) of this 
priority;
    (c) Refer SILCs to non-IL specific training and technical 
assistance available through government or non-government resources;
    (d) Utilize a broad range of available, accessible technologies and 
methodologies to provide training and technical assistance to SILCs in 
the most effective and cost efficient manner;
    (e) Identify and develop accessible training and technical 
assistance materials and disseminate these materials to the SILCs;
    (f) Provide training and technical assistance to SILCs to enhance 
SILC partnerships with State vocational rehabilitation agencies, CILs, 
and other organizations, with a focus on sharing successful operational 
experiences of other SILCs;
    (g) Coordinate and collaborate with other training and technical 
assistance projects funded by the Department to ensure that training 
and technical assistance activities are complementary and non-
duplicative and dissemination activities are effective and efficient. 
At a minimum, the SILCs T&TA Center must coordinate with any CILs 
Training and Technical Assistance Center funded under the Centers for 
Independent Living (CILs) Training and Technical Assistance Center 
priority.

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 are 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

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interfere with State, local, and tribal governments in the exercise of 
their governmental functions.

Summary of Potential Costs and Benefits

    Because the Department is proposing two priorities that may be used 
in two separate competitions, rather than in a single competition, the 
potential for increased application costs exists for an applicant that 
chooses to apply for both grants under both priorities. However, both 
priorities share the same overall objective--improved performance in 
the CIL program--and applications under both priorities would likely 
include common elements. This overlap may minimize any increased costs 
associated with using the two priorities in separate competitions.
    Moreover, for an applicant that chooses to apply for only one 
grant, the two-priority approach would have the potential of reducing 
the application costs for that applicant. The Department believes that 
the potential benefits to the CIL program from a more focused, 
specialized approach to training and technical assistance for CILs and 
SILCs would outweigh any possible increase in associated application 
costs.

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 366.

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 the following site: 
www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. 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 Access at: http://www.gpoaccess.gov/nara/index.html.

(Catalog of Federal Domestic Assistance Number 84.132B, Independent 
Living Program--Training and Technical Assistance Center).

    Program Authority: 29 U.S.C. 796f(b).

    Dated: June 19, 2007.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
 [FR Doc. E7-12115 Filed 6-21-07; 8:45 am]
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