[Federal Register Volume 72, Number 237 (Tuesday, December 11, 2007)]
[Notices]
[Pages 70316-70319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23975]


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DEPARTMENT OF EDUCATION


National Institute on Disability and Rehabilitation Research 
(NIDRR)--Disability and Rehabilitation Research Projects and Centers 
Program--Disability Rehabilitation Research Projects (DRRP)

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

ACTION: Notice of proposed priority and definitions.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services, the Assistant Secretary for Vocational and 
Adult Education, and the Assistant Secretary for Postsecondary 
Education jointly propose a priority and definitions for a center on 
postsecondary education for students with intellectual disabilities 
under the DRRP program administered by NIDRR. The Assistant Secretary 
for Special Education and Rehabilitative Services may use this priority 
for competitions in fiscal year (FY) 2008 and later years. We take this 
action to focus attention on an area of national need. We intend this 
priority to improve postsecondary education and other outcomes for 
individuals with intellectual disabilities.

DATES: We must receive your comments on or before January 10, 2008.

ADDRESSES: Address all comments about this proposed priority and 
definitions to Donna Nangle, U.S. Department of Education, 400 Maryland 
Avenue, SW., room 6029, Potomac Center Plaza (PCP), Washington, DC 
20204-2700. If you prefer to send your comments through the Internet, 
use the following address: [email protected]. 
    You must include the term ``Intellectual Disability Center 
Priority'' in the subject line of your electronic message.

FOR FURTHER INFORMATION CONTACT: Donna Nangle. Telephone: (202) 245-
7462 or by e-mail: [email protected].
    If you use a telecommunications device for the deaf (TDD), you can 
call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can 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: This notice of proposed priority and 
definitions is in concert with President George W. Bush's New Freedom 
Initiative (NFI) and NIDRR's Final Long-Range Plan for FY 2005-2009 
(Plan). The NFI can be accessed on the Internet at the following site: 
http://www.whitehouse.gov/infocus/newfreedom.
    The Plan, which was published in the Federal Register on February 
15, 2006 (71 FR 8165), can be accessed on the Internet at the following 
site: http://www.ed.gov/about/offices/list/osers/nidrr/policy.html.
    Through the implementation of the NFI and the Plan, NIDRR seeks to: 
(1) Improve the quality and utility of disability and rehabilitation 
research; (2) foster an exchange of expertise, information, and 
training to facilitate the advancement of knowledge and understanding 
of the unique needs of traditionally underserved populations; (3) 
determine best strategies and programs to improve rehabilitation 
outcomes for underserved populations; (4) identify research gaps; (5) 
identify mechanisms of integrating research and practice; and (6) 
disseminate findings.

Invitation to Comment

    We invite you to submit comments regarding the proposed priority 
and definitions in this notice. To ensure that your comments have 
maximum effect in developing the notice of final priority and 
definitions, we urge you to identify clearly the specific topic that 
each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Order 12866 and its overall requirement of 
reducing regulatory burden that might result from the priority and 
definitions proposed in this notice. Please let us know of any further 
opportunities we should take to reduce potential costs or increase 
potential benefits while preserving the effective and efficient 
administration of the program.

[[Page 70317]]

    During and after the comment period, you may inspect all public 
comments about the proposed priority and definitions in this notice in 
room 6029, 550 12th Street, SW., PCP, Washington, DC, between the hours 
of 8:30 a.m. and 4 p.m., Eastern time, Monday through Friday of each 
week except Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the Rulemaking 
Record

    On request, we will supply an appropriate aid, such as a reader or 
print magnifier, to an individual with a disability who needs 
assistance to review the comments or other documents in the public 
rulemaking record for the priority and definitions proposed in this 
notice. If you want to schedule an appointment for this type of aid, 
please contact the person listed under FOR FURTHER INFORMATION CONTACT.
    We will announce the final priority and definitions in a notice in 
the Federal Register. We will determine the final priority and 
definitions after considering responses to this notice and other 
information available to the Department. This notice does not preclude 
us from proposing or using additional priorities or definitions, 
subject to meeting applicable rulemaking requirements.

    Note: This notice does not solicit applications. In any year in 
which we choose to use the priority proposed in this notice, we 
invite applications through a notice in the Federal Register. When 
inviting applications we designate the 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)).

Disability and Rehabilitation Research Projects (DRRP) Program

    The purpose of the DRRP program is to plan and conduct research, 
demonstration projects, training, and related activities to develop 
methods, procedures, and rehabilitation technologies that maximize the 
full inclusion and integration into society, employment, independent 
living, family support, and economic and social self-sufficiency of 
individuals with disabilities, especially individuals with the most 
severe disabilities, and to improve the effectiveness of services 
authorized under the Rehabilitation Act of 1973, as amended. DRRPs 
carry out one or more of the following types of activities, as 
specified and defined in 34 CFR 350.13 through 350.19: Research, 
development, demonstration, training, dissemination, utilization, and 
technical assistance.
    An applicant for assistance under this program must demonstrate in 
its application how it will address, in whole or in part, the needs of 
individuals with disabilities from minority backgrounds (34 CFR 
350.40(a)). The approaches an applicant may take to meet this 
requirement are found in 34 CFR 350.40(b). In addition, NIDRR intends 
to require all DRRP applicants to meet the requirements of the General 
Disability and Rehabilitation Research Projects (DRRP) Requirements 
priority that it published in a notice of final priorities in the 
Federal Register on April 28, 2006 (71 FR 25472).
    Additional information on the DRRP program can be found at: http://www.ed.gov/rschstat/research/pubs/res-program.html#DRRP.

Priority

Background

    The Elementary and Secondary Education Act of 1965, as amended by 
the No Child Left Behind Act of 2001 (20 U.S.C. 6300) and the 2004 
amendments to the Individuals with Disabilities Education Act (IDEA) 
(20 U.S.C. 1400 et seq.) have expanded educational opportunities for 
all students, including those with intellectual disabilities. More and 
more students with intellectual disabilities are enrolling in 
postsecondary education programs, including community colleges, 
vocational-technical schools, four-year colleges, and specialized 
programs on college campuses that promote independence and improve 
employment options. A small number of two- and four-year colleges 
(approximately 15) provide individualized supports so that students 
with intellectual disabilities, such as students with Down syndrome, 
can participate in regular college credit courses. More common are two-
year colleges that enroll individuals with intellectual disabilities in 
programs that are separate from the traditional academic programs of 
those institutions. The majority of these programs are dual enrollment 
programs for students ages 18 through 21 who receive special education 
services and who are still enrolled in high school and take courses on 
college campuses that focus on academic and personal skill building 
(e.g., social skills, life skills) as part of their individualized 
education program under IDEA.
    Despite the growing interest in postsecondary education programs 
for students with intellectual disabilities, there are relatively 
little data on: (a) The participation rates of students with 
intellectual disabilities in postsecondary education; (b) the types of 
programs and services provided for students with intellectual 
disabilities in these programs; and (c) the outcomes for students with 
intellectual disabilities who participate in different types of 
postsecondary education programs.
    Individuals with intellectual disabilities face significant 
barriers to successful participation in postsecondary education and 
vocational-technical programs. According to the President's Committee 
for People with Intellectual Disabilities (2004), fewer than 15 percent 
of young adults with intellectual disabilities participate in 
postsecondary education programs. The Committee also reported that 
approximately 90 percent of adults with intellectual disabilities are 
not employed.
    Research on postsecondary education for students with intellectual 
disabilities is limited. However, there is some evidence to suggest 
that independent living and employment outcomes may improve for 
students with intellectual disabilities who participate in college-
based programs (Hart et al., 2006; Wagner et al., 2006). In two 
studies, students with intellectual disabilities who attended 
postsecondary education courses and programs had higher levels of self-
esteem, better vocational outcomes, and greater personal success when 
compared to their peers who did not attend postsecondary education 
programs (Hart et al., 2004, 2006).
    To address the gaps in knowledge about the participation of 
individuals with intellectual disabilities in postsecondary education 
programs, NIDRR seeks to establish a center that will conduct research 
and disseminate information on scientifically based

[[Page 70318]]

approaches for improving long-term independent living and employment 
opportunities for individuals with intellectual disabilities through 
the participation of such individuals in postsecondary education 
programs.

References

    Hart, D., Pasternack, R.H., Mele-McCarthy, J., Zimbrich, K., & 
Parker, D.R. (2004). ``Community College: A Pathway to Success for 
Youth with Learning, Cognitive, and Intellectual Disabilities in 
Secondary Settings.'' Education and Training in Developmental 
Disabilities, Volume 39, Number 4: 54-66.
    Hart, D., Grigal, M., Sax, C., Martinez, D., & Will, M. (2006). 
``Postsecondary Education Options for Students with Intellectual 
Disabilities.'' Research to Practice, Issue  45. Accessed 
online October 21, 2007 at: http://www.communityinclusion.org/article.php?article_id=178&staff_id=19.
    President's Committee for People with Intellectual Disabilities 
(2004). A Charge We Have To Keep. A Road Map to Personal and Economic 
Freedom for People with Intellectual Disabilities in the 21st Century. 
Washington, DC: U.S. Department of Health and Human Services, 
Administration for Children and Families.
    Wagner, M., Newman, L., Cameto, R., & Levine, P. (2006). The 
Academic Achievement and Functional Performance of Youth With 
Disabilities. A Report From the National Longitudinal Transition 
Study--2 (NLTS2). (NCSER 2006-3000). Menlo Park, CA: SRI International.

Proposed Priority--Center on Postsecondary Education for Students with 
Intellectual Disabilities

    The Assistant Secretary for Special Education and Rehabilitative 
Services, the Assistant Secretary for Vocational and Adult Education, 
and the Assistant Secretary for Postsecondary Education jointly propose 
a priority for a DRRP--the Center on Postsecondary Education for 
Students with Intellectual Disabilities (Center). In order to meet this 
priority, the Center must--
    (a) Identify key characteristics and promising practices of 
postsecondary education programs that currently serve students with 
intellectual disabilities, including collecting information on--
    (1) How students with intellectual disabilities are recruited and 
retained in these programs;
    (2) The extent to which students with intellectual disabilities are 
enrolled in academic courses as part of these programs; and
    (3) The types and extent of accommodations provided to students 
with intellectual disabilities in order to ensure their active 
participation in these programs;
    (b) Conduct scientifically based research (as defined in 20 U.S.C. 
7801(37)) to determine whether variation in educational, vocational, 
and independent living outcomes for students with intellectual 
disabilities is associated with participation in different types of 
postsecondary education programs. To fulfill this requirement, the 
Center must conduct a longitudinal study or secondary analyses of 
existing national and State longitudinal datasets. At a minimum, the 
Center must analyze data from the National Longitudinal Transition 
Study-2 (NLTS-2) and the Florida K-20 Education Data Warehouse. The 
NLTS-2 can be accessed at: http://www.nlts2.org.
    The Florida K-20 Education Data Warehouse can be accessed at: 
http://www.edwapp.doe.state.fl.us/doe/.
    (c) Compile existing technical assistance materials and develop new 
materials, as needed, including information on promising practices that 
can be replicated, for postsecondary education institutions that are 
developing new programs or expanding existing programs to provide 
activities for students with intellectual disabilities. Technical 
assistance materials must be informed by knowledge acquired through the 
Center's research program, as the knowledge becomes available;
    (d) Partner with existing training and technical assistance 
providers for the purpose of disseminating technical assistance 
materials to postsecondary education programs interested in developing 
new programs or expanding existing programs for students with 
intellectual disabilities. To the extent possible, technical assistance 
and other informational materials should be disseminated to interested 
students with intellectual disabilities and their families;
    (e) Provide technical assistance information and materials to 
appropriate NIDRR research and dissemination centers, including the 
National Center for the Dissemination of Disability Research and the 
Research Utilization Support and Help (RUSH) Project at the Southwest 
Educational Development Laboratory, and the Center for International 
Rehabilitation Research Information and Exchange at the State 
University of New York at Buffalo;
    (f) Establish an advisory committee of researchers, vocational 
rehabilitation providers, transition planners, secondary and 
postsecondary educators, individuals with intellectual disabilities, 
and parents of individuals with intellectual disabilities to provide 
the Center, on an ongoing basis, with guidance on the Center's research 
and technical assistance activities;
    (g) Conduct a formative evaluation of the Center's activities, 
using clear performance objectives to ensure continuous improvement in 
the operation of the Center, including objective measures of progress 
in implementing the project and ensuring the quality of products and 
services; and
    (h) To the extent possible, consult with the sponsors of activities 
that are similar or related to the Center's activities, especially, 
existing training and technical assistance resources that have been 
established by relevant offices within the U.S. Department of 
Education, including the Rehabilitation Service Administration's 
Rehabilitation Continuing Education Programs; the Office of Special 
Education Programs' Technical Assistance and Dissemination Network, and 
Technical Assistance Communities of Practice; the Office of Vocational 
and Adult Education's National Research Center for Career and Technical 
Education; and the NIDRR network of Knowledge Translation grantees. 
This consultation must be designed to avoid duplication of efforts and 
to facilitate the exchange of information, pool resources, and improve 
the overall effectiveness of the Center's activities.

Definitions

    The Assistant Secretary for Special Education and Rehabilitative 
Services, the Assistant Secretary for Vocational and Adult Education, 
and the Assistant Secretary for Postsecondary Education jointly propose 
to establish the following definitions for the purpose of the Center on 
Postsecondary Education for Students with Intellectual Disabilities 
priority:
    (1) Adaptive skill areas, as used in the definition of students 
with intellectual disabilities, means the basic skills needed for 
everyday life, such as communication, self-care, home living, social 
skills, leisure, health and safety, self-direction, functional 
academics (reading, writing, basic math), and work.
    (2) Postsecondary education programs means programs and activities 
at community colleges, vocational-technical schools, four-year 
colleges, and specialized programs on college campuses that are 
intended to promote independence and improve employment outcomes for 
students with intellectual disabilities.

[[Page 70319]]

    (3) Scientifically based research has the meaning given the term in 
20 U.S.C. 7801(37): Research that involves the application of rigorous, 
systematic, and objective procedures to obtain reliable and valid 
knowledge relevant to education activities and programs. It includes 
research that--
    (a) employs systematic, empirical methods that draw on observation 
or experiment;
    (b) involves rigorous data analyses that are adequate to test the 
stated hypotheses and justify the general conclusions drawn;
    (c) relies on measurements or observational methods that provide 
reliable and valid data across evaluators and observers, across 
multiple measurements and observations, and across studies by the same 
or different investigators;
    (d) utilizes experimental or quasi-experimental designs in which 
individual entities, programs, or activities are assigned to different 
conditions and with appropriate controls to evaluate the effects of the 
condition of interest, with a preference for random-assignment 
experiments, or other designs to the extent that those designs contain 
within-condition or across-condition controls;
    (e) ensures that experimental studies are presented in sufficient 
detail and clarity to allow for replication or, at a minimum, offer the 
opportunity to build systematically on their findings; and
    (f) has been accepted by a peer-reviewed journal or approved by a 
panel of independent experts through a comparably rigorous, objective, 
and scientific review.
    (4) Students with intellectual disabilities means--
    (a) individuals between the ages of 16 and 24 whose intellectual 
functioning levels require significant changes in instructional methods 
and modifications to the curriculum in order to participate in 
postsecondary educational activities;
    (b) individuals who have significant limitations in adaptive skill 
areas as expressed in conceptual, social, and practical adaptive 
skills; and
    (c) individuals whose disabilities originated before the age of 18.

Executive Order 12866

    This notice of proposed priority and definitions 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 this notice of proposed 
priority and definitions 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 proposed priority and definitions, 
we have determined that the benefits of the proposed priority and 
definitions justify the costs.

Summary of potential costs and benefits

    The benefits of the DRRP programs have been well established over 
the years in that other DRRP projects have been completed successfully. 
The priority and definitions proposed in this notice will generate new 
knowledge through research, development, dissemination, utilization, 
and technical assistance.
    Another benefit of the proposed priority and definitions is that 
establishing a new DRRP will support the President's NFI and improve 
the lives of individuals with disabilities. The new DRRP will generate, 
disseminate, and promote the use of new information that will improve 
the options for individuals with intellectual disabilities to achieve 
improved education, employment, and independent living outcomes.

Intergovernmental Review

    This program is not subject to Executive Order 12372 and the 
regulations in 34 part 79.
    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 the following site: 
http://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 Numbers 84.133A Disability 
Rehabilitation Research Projects)

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

    Dated: December 5, 2007.
Raymond Simon,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
 [FR Doc. E7-23975 Filed 12-10-07; 8:45 am]
BILLING CODE 4000-01-P