63866 Federal Register / Vol. 60, No. 238 / Tuesday, December 12, 1995 / Notices

DEPARTMENT OF EDUCATION

National Institute on Disability and

Rehabilitation Research

AGENCY: Department of Education.

ACTION: Notice of Final Funding Priority

for Fiscal Years 1996–1997 for the

Knowledge Dissemination and

Utilization Program.

SUMMARY: The Secretary announces a

final funding priority for the Knowledge

Dissemination and Utilization (D&U)

Program under the National Institute on

Disability and Rehabilitation Research

(NIDRR) for fiscal years 1996–1997. The

Secretary takes this action to ensure that

rehabilitation knowledge generated from

projects and centers funded by NIDRR

and others is utilized fully to improve

the lives of individuals with disabilities

and their families.

EFFECTIVE DATE: This priority takes effect

on January 11, 1996.

FOR FURTHER INFORMATION CONTACT:

David Esquith, U.S. Department of

Education, 600 Independence Avenue,

S.W., Switzer Building, Room 3424,

Washington, D.C. 20202–2601.

Telephone: (202) 205–8801. Individuals

who use a telecommunications device

for the deaf (TDD) may call the TDD

number at (202) 205–8133.

SUPPLEMENTARY INFORMATION: This

notice contains a final priority to

establish ten regional Disability and

Business Technical Assistance Centers.

Authority for the D&U program of

NIDRR is contained in sections 202 and

204(a) and 204(b)(6) of the

Rehabilitation Act of l973, as amended

(29 U.S.C. 760–762). Under this program

the Secretary makes awards to public

and private agencies and organizations,

including institutions of higher

education and Indian tribes or tribal

organizations.

This final priority supports the

National Education Goal calling for all

Americans to possess the knowledge

and skills necessary to compete in a

global economy and exercise the rights

and responsibilities of citizenship.

Under the regulations for this program

(see 34 CFR 355.32) the Secretary may

establish research priorities by reserving

funds to support particular research

activities.

On July 24, 1995, the Secretary

published a notice of a proposed

priority in the Federal Register (59 FR

46300). The Department of Education

received thirty-five letters commenting

on the proposed priority. Modifications

were made to the priority as a result of

those comments. The comments, and

the Secretary’s responses, are discussed

in an appendix to this notice.

Note: This notice of final priority does not

solicit applications. A notice inviting

applications under this competition will be

published in the Federal Register concurrent

with or following publication of the notice of

final priority.

Priority

Under 34 CFR 75.105(c)(3) the

Secretary gives an absolute preference to

applications that meet the following

priority. The Secretary will fund under

this program only applications that meet

this absolute priority:

Priority: Regional Disability and

Business Technical Assistance Centers

Background: 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. Because of

NIDRR’s experience and support of

information dissemination and

technical assistance, and its support of

research and demonstration efforts to

promote employment and independence

for individuals with disabilities,

Congress directed NIDRR to use FY

1991 funds to establish a technical

assistance program to further the

successful implementation of the ADA.

In October of 1991, NIDRR awarded

grants to establish ten regional

Disability and Business Technical

Assistance Centers (DBTACs),

previously referred to as Regional

Disability and Business Accommodation

Centers), for five years. There is one

DBTAC in each of the ten Department

of Education regions. The final funding

priority for the original DBTACs is

contained in the Federal Register of

August 13, 1991, Vol.5, No.156, page

40168.

Covered entities and individuals with

responsibilities and rights under the

ADA continue to need technical

assistance on the ADA. The ADA is a

complex and relatively new civil rights

statute. Many covered entities may be

unaware of the basic requirements of the

law or unfamiliar with legal precedents

or policy guidance being issued by

Federal agencies. According to a recent

General Accounting Office (GAO)

Report, ‘‘[GAO] observed steady

improvement in both accessibility and

awareness during the initial 15 months

that the ADA was in effect. However,

enough areas of concern remain to

suggest a need for continuing

educational outreach and technical

assistance to business and government

agencies...’’ (U.S. General Accounting

Office, Americans with Disabilities Act:

Effects of the Law on Access to Goods

and Services (GAO/PEMD–94–14; June

21, 1994).

The DBTACs provide a wide range of

technical assistance services such as

referrals, consultation, and facility

surveys. The DBTACs provide training

to individuals and entities with

responsibilities and rights under the

ADA and disseminate information on

the ADA through such methods as

distributing materials that have been

created or reviewed and approved by

Federal agencies, issuing newsletters

and information briefs, and

participating in discussion groups on

the INTERNET. In addition, the

DBTACs carry out public awareness

activities on the ADA and the services

provided by the DBTACs and other

NIDRR ADA grantees through a variety

of means including, but not limited to,

the use of public service

announcements, radio and television

appearances, presentations at

conferences, and the publication of

newspaper and magazine articles.

In order to tailor their efforts to State

and local needs and maximize their

resources, DBTACs 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. The

State affiliates carry out their activities

in collaboration with coalitions of

organizations interested in promoting

the implementation of the ADA. In

addition, the DBTACs provide support

to and collaborate with Centers for

Independent Living (CILs) in each

region to increase the capacity of CILs

to promote the successful

implementation of the ADA through the

provision of technical assistance and

training.

In FY 1994 the DBTACs fielded over

75,700 ADA-related telephone inquiries,

made 13,764 referrals, distributed

almost 700,000 publications, engaged in

over 4,600 different types of public

awareness and outreach activities such

as public speeches, TV and radio

appearances, newspaper interviews, and

public workshops, and trained

approximately 54,000 individuals with

responsibilities and rights under the

ADA.

The DBTACs rely to the maximum

extent possible on existing Federallyapproved 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. All of the materials that the

DBTACs distribute are available in
Federal Register / Vol. 60, No. 238 / Tuesday, December 12, 1995 / Notices 63867

alternate formats and DBTAC services

and activities are accessible to all

individuals with disabilities. The

DBTACs share a national toll-free 800

telephone number that automatically

connects the caller with the DBTAC

serving the caller’s area code. The

DBTACs participate in a discussion

group on an electronic bulletin board

operated by Project Enable at the

University of West Virginia to share

information and discuss answers to

technical questions. The DBTACs meet

semi-annually to coordinate their

activities and receive briefings from

Federal agencies with responsibilities

under the ADA.

Priority: The Secretary will establish a

Regional Disability and Business

Technical Assistance Center in each

Department of Education region to

facilitate implementation of the ADA

by: (1) Providing technical assistance,

disseminating information, and

providing training to individuals or

entities with responsibilities and rights

under the Act on the requirements of

the ADA and developments in ADA

case law, policy and implementation;

(2) increasing the capacity of

organizations, including Centers for

Independent Living, at the State and

local level to provide technical

assistance, disseminate information,

provide training, and promote

awareness of the ADA; and (3)

promoting awareness of the ADA and

the availability of services provided by

the DBTACs, and other NIDRR ADA

grantees, and other Federal information

sources on the ADA.

In carrying out the objectives of the

priority each DBTAC shall:

• 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;

• Cooperate and coordinate its

activities with other NIDRR ADA

technical assistance projects as well as

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

Rehabilitation Services Administration,

the President’s Committee on

Employment of Persons with

Disabilities, and the National Council

on Disability;

• Provide performance accountability

data on a monthly and annual basis as

requested by NIDRR; and

• Distribute services and resources

equitably—taking into account

population and size—among each State

in its region.

Applicable Program Regulations: 34

CFR Parts 350 and 355.

Program Authority: 29 U.S.C. 760–762.

(Catalog of Federal Domestic Assistance

Number 84.133D, Knowledge Dissemination

and Utilization Program)

Dated: December 6, 1995.

Howard R. Moses,

Acting Assistant Secretary for Special

Education and Rehabilitative Services.

Appendix

Analysis of Comments and Changes

By the deadline date, the Department

received thirty-five comments in response to

the proposed priority. Eleven additional

comments were received after the deadline

date and were not considered in this

response. All thirty-five letters supported the

priority. This Appendix contains an analysis

of the comments and the changes in the

priority since the publication of the notice of

proposed priority. Technical and other minor

changes—and suggested changes the

Secretary is not legally authorized to make

under applicable statutory authority—are not

addressed.

Priority: Regional Disability and Business

Technical Assistance Centers

Comment: One commenter noted that

while the priority indicates that the DBTACs

trained approximately 54,000 individuals in

FY 1994, training is not included among the

list of services provided by the DBTACs in

the Background section.

Discussion: The Secretary agrees that

training should be included in the

Background section of the priority in the list

of services provided by the DBTACs.

Changes: The Background section has been

revised to indicate that the DBTACs provide

training to individuals and entities with

responsibilities and rights under the ADA.

Comment: Two commenters pointed out

that the current DBTACs meet semi-annually

and submit data for an annual report that

NIDRR issues on its ADA technical assistance

program. The commenters recommended

including these activities in the priority for

planning purposes.

Discussion: NIDRR plans to continue with

semi-annual meetings and to issue an annual

report on the ADA technical assistance

program. The Secretary agrees to include the

semi-annual meetings and the submission of

annual performance data in the priority.

Changes: The Background section has been

revised to indicate that the DBTACs meet

semi-annually to coordinate their activities

and receive briefings from Federal agencies

with responsibilities under the ADA. In

addition, the priority has been revised to

require that the DBTACs submit annual

performance data.

Comment: One commenter suggested

emphasizing minority outreach activities. A

second commenter recommended requiring

the DBTACs to address the needs of cultural

and linguistic minorities.

Discussion: The Secretary believes that is

important for the DBTACs to address the

needs of underserved populations. The

Secretary points out that under 34 CFR part

350.21, an applicant for assistance under the

Knowledge Dissemination and Utilization

program must demonstrate how it will

address, in whole or in part, the needs of

individuals with disabilities from minority

backgrounds. This requirement applies to

cultural and linguistic minorities.

Changes: None.

Comment: One commenter suggested

requiring applicants to specify how their

grant funds will be distributed to each State

in the region in order to address the equitable

distribution of the DBTAC’s resources.

Discussion: The Secretary agrees with the

commenter’s purpose. However, the

Secretary believes that the commenter’s

suggestion may be an administrative burden

that relies too heavily on allocation of funds

to determine equitable distribution of

services. The Secretary believes that the

requirement to distribute resources and

financial support equitably among the States

in the region should be based on factors such

as population and geographic size and

extended to all of a DBTAC’s activities. The

Secretary believes that each applicant should

be provided with the discretion to propose

how it will meet this requirement.

Changes: The priority has been revised to

require each DBTAC to distribute services

and resources equitably—taking into account

population and size—among each State in its

region.

Comment: One commenter recommended

increasing the emphasis on interaction

between the DBTACs and Federal agencies

responsible for the enforcement of the ADA.

A second commenter recommended

requiring the DBTACs to coordinate services

and resources with the National Council on

Disability.

Discussion: The Secretary agrees that

communication between the DBTACs and

Federal agencies with administrative

responsibilities under the ADA is imperative.

The Secretary points out that the priority

requires the DBTACs to cooperate and

coordinate their activities with Federal

agencies including, but not limited to, the

Department of Justice, the Equal Employment

Opportunity Commission, the Department of

Transportation, and the Federal

Communications Commission, the Access

Board, the Department of Education’s Office

for Civil Rights, the Rehabilitation Services

Administration, and the President’s

Committee on Employment of Persons with

Disabilities. The Secretary agrees that the

National Council on Disability should be

added to this list of Federal agencies, but

does not believe any further requirements are

necessary.

Changes: The National Council on

Disability has been added to the list of

Federal agencies for coordination purposes.

Comment: One commenter recommended

emphasizing collaboration between the

DBTACs and the business community, labor

associations, and State and local

governments, including State associations of

mayors and counties. Another commenter

recommended that the priority include
63868 Federal Register / Vol. 60, No. 238 / Tuesday, December 12, 1995 / Notices

States’ Protection and Advocacy Systems as

potential collaborators for the DBTACs.

Discussion: The Secretary believes that the

types of collaborative relationships suggested

by both commenters could be valuable and

expects the DBTACs to work with all types

of entities with rights and responsibilities

under the ADA. However, the Secretary

prefers to provide applicants with the

discretion to propose those collaborative

relationships that the applicant believes

would be appropriate for the States in their

region.

Changes: None.

Comment: One commenter recommended

focusing the efforts of the DBTAC’s capacitybuilding activities on the business

community.

Discussion: The capacity-building

requirement in the priority refers to

‘‘organizations at the State and local level.’’

The Secretary expects the DBTACs to

undertake capacity-building with a variety of

organizations, including business

organizations. The Secretary declines to

direct the DBTACs to focus its capacitybuilding activities on only one community.

Changes: None.

Comment: One commenter recommended

changing the name of the DBTACs because it

is ‘‘awkward and not easy to use.’’

Discussion: The Secretary declines to change

the name of the DBTAC in order to take

advantage of the name recognition that the

DBTACs have developed.

Changes: None.

Comment: One commenter recommended

revising the priority to indicate that the

DBTACs provide referrals to individuals and

entities with responsibilities and rights under

the ADA.

Discussion: The Secretary points out that,

in the Background section, referrals are

included among examples of the technical

assistance services that the DBTACs provide,

along with consultation and facility surveys.

The Secretary expects the DBTACs to provide

a wide range of technical assistance services

including those in the Background section as

well as any others that an applicant may

propose.

Changes: None.

Comment: One commenter pointed out

that, while the Background section refers to

the capacity-building support that the

DBTACs provide to Centers for Independent

Living (CILs), this support is not specified in

the priority. A second commenter

recommended requiring the DBTACs to

interact with State’s Independent Living

Councils ‘‘and/or any other associations that

the CILs may have formed.’’

Discussion: The Secretary agrees that the

priority should specify that CILs are to be

included in the DBTACs capacity-building

activities. However, the Secretary declines to

provide further specification regarding the

DBTACs’ relationships with various

associations of CILs.

Changes: Centers for Independent Living

have been included in the requirement

addressing capacity-building.

Comment: One commenter recommended

requiring the DBTACs to build local capacity

to implement mediation services to resolve

ADA complaints.

Discussion: The priority authorizes the

DBTACs to increase the capacity of

organizations at the State and local level to

provide technical assistance, disseminate

information, provide training, and promote

awareness of the ADA. The Secretary

believes that an applicant could propose to

build local capacity to implement mediation

services to resolve ADA complaints under

the priority. However, the Secretary cautions

that conflict resolution through mediation is

a specialized field that requires a great deal

of expertise. Properly developing local

capacity to implement mediation services to

resolve ADA complaints would require a

significant financial commitment. The

Secretary declines to impose this

requirement.

Changes: None.

Comment: One commenter suggested that

it would be more efficient to produce a

national DBTAC newsletter rather than

authorizing the DBTACs to produce regional

newsletters.

Discussion: NIDRR’s ADA Coordination

contractor will provide all of the DBTACs

with core information about developments in

case law and policy to ensure that the

production of newsletters will be carried out

as economically as possible. This will enable

each DBTAC to continue to address issues

and events that are unique to its region

through the issuance of regional newsletters.

Changes: None.

[FR Doc. 95–30128 Filed 12–11–95; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF EDUCATION

[CFDA No. 84.133D]

Office of Special Education and

Rehabilitative Services; National

Institute on Disability and

Rehabilitation Research; Notice

Inviting Applications Under the

Knowledge Dissemination and

Utilization Program for Fiscal Year (FY)

1996

Purpose of Program: The Knowledge

Dissemination and Utilization Program

is designed to support activities that

will ensure that rehabilitation

knowledge generated from projects and

centers funded by NIDRR and from

other sources is fully utilized to

improve the lives of individuals with

disabilities and their families. The final

priority for this award, entitled

‘‘Regional Disability and Business

Technical Assistance Centers,’’ is

published in this issue of the Federal

Register. Potential applicants should

consult the statement of the final

priority published in this issue to

ascertain the substantive requirements

for their application.

This notice supports the National

Education Goal that calls for all

Americans to possess the knowledge

and skills necessary to compete in a

global economy and exercise the rights

and responsibilities of citizenship.

Eligible Applicants: Parties eligible to

apply for grants under this program are

public and private nonprofit and forprofit agencies and organizations,

including institutions of higher

education and Indian tribes and tribal

organizations.

Applications Available: December 12,

1995.

Application Deadline: February 12,

1996.

Estimated Range of Awards:

Region I: $500,000–525,000

Region II: $550,000–600,000

Region III: $550,000–600,000

Region IV: $650,000–700,000

Region V: $650,000–700,000

Region VI: $550,000–600,000

Region VII: $500,000–525,000

Region VIII: $500,000–525,000

Region IX: $600,000–650,000

Region X: $500,000–525,000

Estimated Number of Awards: 10 (1

per Department of Education Region).

Note: The estimates of funding levels and

awards in this notice do not bind the

Department of Education to a specific level

of funding or number of grants.

Project Period: Up to 60 months.

Applicable Regulations: (a) The

Education Department General

Administrative Regulations (EDGAR),

34 CFR Parts 74, 75, 77, 78, 80, 81, 82,

85, 86; (b) the regulations for this

program in 34 CFR Parts 350 (amended

April 5, 1995 (60 FR 17426)), and 355

(amended September 22, 1993 (58 FR

49419)); and the notice of final priority

published elsewhere in this issue of the

Federal Register.

For Further Information Contact: In

order to obtain an application package,

contact William H. Whalen, U.S.

Department of Education, 600

Independence Avenue SW., Switzer

Building, Room 3411, Washington, DC

20202. Telephone: (202) 205–9141.

Individuals who use a

telecommunications device for the deaf

(TDD) may call the TDD number at (202)

205–8887.

Information about the Department’s

funding opportunities, including copies

of application notices for discretionary

grant competitions, can be viewed on

the Department’s electronic bulletin

board (ED Board), telephone (202) 260–

9950; or on the Internet Gopher Server

at GOPHER.ED.GOV (under

Announcements, Bulletins, and Press

Releases). However, the official

application notice for a discretionary

grant competition is the notice

published in the Federal Register.

Program Authority: 29 U.S.C. 761a and

762.