17424 Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and regulations

DEPARTMENT OF EDUCATION

34 CFR Parts 350, 351, 352, 353, and

356

RIN 1820–AB01

National Institute on Disability

Rehabilitation Research

AGENCY: Department of Education.

ACTION: Final regulations.

SUMMARY: The Secretary amends

existing regulations for certain programs

administered by the National Institute

on Disability and Rehabilitation

Research (NIDRR). These amendments

result primarily from the Rehabilitation

Act Amendments of 1992 (the

Amendments). The regulations add new

definitions and program activities

consistent with the Amendments and

reflect new statutory requirements.

EFFECTIVE DATE: These regulations take

effect on May 5, 1995.

FOR FURTHER INFORMATION CONTACT:

David Esquith, U.S. Department of

Education, 600 Independence Avenue,

SW., Mary E. Switzer Building, Room

3424, Washington, DC 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: These

regulations primarily implement

statutory changes made by the

Rehabilitation Act Amendments of 1992

(Pub. L. 102–569). Some of the changes

conform terminology of the regulations

with terminology in the Act, specifically

in the use of ‘‘individual with a

disability,’’ ‘‘children with disabilities,’’

‘‘individual with a mental disability,’’

and similar phrases to replace phrases

using the word ‘‘handicapped,’’

‘‘handicapped individual,’’ or ‘‘disabled

individual.’’

The regulation in § 350.1 has been

revised to include improving the costeffectiveness of services under the Act

in the list of purposes of the activities

supported by NIDRR.

The regulation in § 350.4 includes

new statutory definitions for many of

the terms used in section 7 of the

Rehabilitation Act, as amended (the

Act), including the definitions of such

key terms as ‘‘disability,’’ ‘‘individual

with a disability,’’ ‘‘rehabilitation

technology’’ and ‘‘rehabilitation

engineering,’’ and ‘‘research

utilization.’’ The regulation further

reflects new statements in the statute

about the purpose of each of the

programs and the activities authorized

within them.

The regulation in § 350.20 describes

the conditions under which applicants

must send copies of their applications to

the Vocational Rehabilitation agencies

in their States, as required by statute.

This provision clarifies Sections 204(c)

and 306(i) of the current law and

preexisting regulations by describing the

context in which transmittal of these

applications would be appropriate.

The regulation in § 350.21

implements section 21(b)(6) of the Act,

which states that, where appropriate,

applicants must demonstrate how they

will address, in whole or in part, the

needs of individuals with disabilities

from minority backgrounds. If the

Secretary determines that this

requirement is not appropriate for a

particular grant competition, the

Secretary will indicate this in a notice

announcing a priority or in the notice

inviting applications. If the Secretary

does not make this determination, but

an applicant believes that this

determination is appropriate, the

applicant will indicate this and set forth

a justification in its application. In

response to the many inquiries that

NIDRR receives from applicants seeking

suggestions for methods to meet this

requirement, the regulation includes a

list of methods that an applicant may

choose to propose.

The regulation in § 350.41

implements section 20 of the Act, which

requires all projects that provide

services to individuals with disabilities

to advise those individuals who are

applicants for or recipients of services

under the Act, or the parents, family

members, guardians, advocates, or

authorized representatives of the

individuals, of the availability and

purposes of the Client Assistance

Program (CAP) funded under the Act,

and to provide information on the

means of seeking assistance under the

CAP.

The regulations in §§ 352.33 and

353.33 include the new statutory

standard 60-month grant periods for

RRTCs in section 204(b)(2)(L) and

RERCs in section 204(b)(3)(E), and

specify conditions under which awards

of lesser duration are appropriate under

the law.

The regulation in § 353.41 states that

certain RERCs must have an advisory

board, of which the majority of the

members must be individuals with

disabilities, their parents, family

members, guardians, advocates, or

authorized representatives. This

requirement is based on the new

statutory requirement in section

204(b)(3)(D)(ii) of the Act.

The regulations support the National

Education Goal that, by the year 2000,

every adult American—including

individuals with disabilities—will

possess the skills necessary to compete

in a global economy and exercise the

rights and responsibilities of

citizenship.

On August 10, 1994, the Secretary

published a notice of proposed

rulemaking in the Federal Register (59

FR 41176).

Analysis of Comments and Changes

In response to the Secretary’s

invitation in the Notice of Proposed

Rulemaking (NPRM), 12 parties

submitted comments on the proposed

regulations. An analysis of the

comments and of the changes in the

regulations since publication of the

NPRM follows.

Major issues are grouped according to

subject under appropriate sections of

the regulations. An analysis of the

comments and of the changes in the

regulations since publication of the

NPRM follows.

Technical and other minor changes—

and suggested changes that the

Secretary is not legally authorized to

make under the applicable statutory

authority—are not addressed.

Additional Changes

The final regulations include changes

from the proposed regulations that

reflect the Department’s recently

developed Principles for Regulating.

The Principles state that the Department

will regulate only to improve the quality

of services to our customers, only when

absolutely necessary, and then in the

most flexible, equitable, and least

burdensome way possible.

The proposed regulations included

new selection criteria addressing the

requirement that applicants address the

needs of individuals with disabilities

from minority backgrounds. The final

regulations do not include these new

selection criteria.

The proposed regulations for part 352

included target audiences for

dissemination activities in the selection

criteria that were not included in the

dissemination requirements of part 352.

In the final regulations, the selection

criteria for dissemination activities

conform to the dissemination

requirements of part 352.

The proposed regulations included a

requirement that RRTCs disseminate

information and provide technical

assistance to administrators,

policymakers, and representatives of

public and private organizations whose

activities affect the productivity,

independence, and community

integration of individuals with

disabilities. The proposed regulations

also included these groups in the

selection criteria applicable to
Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and regulations 17425

dissemination and technical assistance.

The final regulations encourage RRTCs

to undertake these activities and do not

include these groups in the selection

criteria.

The proposed regulations included

advisory committee requirements for all

RRTCs and RERCs. The final

regulations, reflecting the statute,

include advisory committee

requirements for certain RERCs. The

proposed regulations included the RERC

advisory committee requirements in

§ 353.40 in addition to two general

requirements. Revising the advisory

committee requirements to apply to

certain RERCs necessitated separating

the advisory committee requirements

from the two general requirements that

apply to all RERCs. In the final

regulations, the two general

requirements are contained in § 353.40,

and the advisory committee

requirements are contained in § 353.41.

The proposed regulations broadened

the requirements for Institutional

Review Boards. The final regulations

maintain the current requirements. In

addition, the regulations have been

amended to incorporate by reference

portions of 34 CFR part 97 that had been

repeated in parts 350 and 356.

Part 350—Disability and Rehabilitation

Research: General Provisions

Section 350.1 What are the purposes

of activities supported under the

disability and rehabilitation research

program?

Comment: Two commenters

recommended including improving

cost-effectiveness of services under the

Act in the list of purposes of activities

supported by NIDRR.

Discussion: The Secretary agrees that

improving the cost-effectiveness of

services under the Act is an important

purpose for activities supported by

NIDRR.

Changes: Section 350.1 has been

revised to include improving the costeffectiveness of services under the Act

in the list of purposes of the activities

supported by NIDRR.

Comment: Two commenters

recommended that the special emphasis

placed on individuals with disabilities

from minority backgrounds should be

broadened to include all persons who

do not have equitable access to

rehabilitation.

Discussion: The special emphasis

placed on individuals with disabilities

from minority backgrounds is a

statutory requirement contained in

section 21 of the Act. The Secretary

points out that applicants may propose

to emphasize the needs of individuals

with disabilities who have inequitable

access to rehabilitation services.

However, the Secretary declines to

require all applicants to propose such

an emphasis.

Changes: None.

Comment: Two commenters

recommended that the special emphasis

placed on individuals with disabilities

from minority backgrounds should be

broadened to include women with

disabilities.

Discussion: As indicated above, the

special emphasis placed on individuals

with disabilities from minority

backgrounds is based on a statutory

requirement. The Secretary believes that

women with disabilities have unique

needs that should be addressed in

NIDRR’s research agenda. The Secretary

believes that the appropriate approach

to addressing the unique needs of

women with disabilities in NIDRR’s

research agenda is through the issuance

of absolute priorities on specific issues.

Changes: None.

Comment: One commenter

recommended adding that one of the

purposes of NIDRR’s activities is to

ensure that consumers are able to make

informed choices regarding their

employment outcomes.

Discussion: The Secretary points out

that § 350.1(a)(1) states, in part, that one

of the purposes of NIDRR’s research is

to address rehabilitation problems such

as physical restoration, vocational

rehabilitation, independent living, and

community integration. The Secretary

believes that research addressing the

ability to make personal decisions

related to employment is included in

the purpose set forth in § 350.1(a)(1).

The Secretary does not believe any

further clarification is necessary.

Changes: None.

Comment: One commenter

recommended requiring applicants to

address one or more of the approaches

that are set forth in § 350.21 as examples

of what an applicant may do to meet

this section’s requirements to

demonstrate how the project will

address, in whole or in part, the needs

of individuals with disabilities from

minority backgrounds.

Discussion: The Secretary does not

intend for the approaches set forth in

§ 350.21 to be exhaustive. The Secretary

recognizes that there are activities not

included in this section that meet the

requirements of the law. The Secretary

believes that applicants should have the

discretion to propose other activities

that meet these requirements.

Changes: None.

Section 350.3 What regulations apply

to these programs?

Comment: One commenter

recommended revising the part of

§ 350.3(d)(2) that requires an IRB that

regularly reviews another vulnerable

category of subjects such as children

who do not have disabilities, prisoners,

pregnant women, or adults with

disabilities to consider including one or

more individuals who are

knowledgeable about the experience in

working with these subjects. The

commenter recommended mandating

the inclusion of such an individual.

Discussion: The IRB requirements that

apply to many of the Department’s

programs are contained in 34 CFR part

97, which is incorporated by reference

in part 350. These regulations are

currently under review. If changes are

made to the IRB requirements, the

Secretary prefers to make them in part

97. The commenter’s recommendation

will be considered as part of the

Department’s review of the IRB

requirements in part 97.

Changes: While no changes have been

made to the IRB requirements as a result

of the comment, as indicated

previously, the regulations include a

technical revision that incorporates by

reference portions of part 97 that have

been repeated in parts 350 and 356.

Part 351—Disability and Rehabilitation

Research: Research and Demonstration

Projects

Section 351.1 What is the research and

demonstration projects program?

Comment: One commenter

recommended adding ‘‘respite’’ to the

term ‘‘family support’’ in this section.

Discussion: The Secretary recognizes

that respite is an important part of

family support. However, respite is one

of many aspects of family support. The

Secretary declines to list all of the

aspects of this, or other terms, in this

section.

Changes: None.

Section 351.10 What types of projects

are authorized under this program?

Comment: One commenter

recommended substituting a term such

as ‘‘homebased’’ for ‘‘homebound’’

because the latter term has negative

connotations.

Discussion: The Secretary recognizes

the pejorative connotation of the term

‘‘homebound.’’ However, the term

‘‘homebound’’ appears in the 1992

amendments to the Rehabilitation Act.

Changes: None.
17426 Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and regulations

Part 352—Disability and Rehabilitation

Research: Rehabilitation Research and

Training Centers

Section 352.41 What is the advisory

committee requirement for a grantee

under this program?

Comment: One commenter

recommended revising the regulations

to encourage applicants to include

persons with disabilities from minority

backgrounds on advisory councils,

where applicable.

Discussion: The Secretary believes

that the regulations clearly encourage

applicants to involve persons with

disabilities from minority backgrounds

in all phases of their activities. The

Secretary does not believe any further

encouragement is necessary.

Changes: None.

Part 353—Disability and Rehabilitation

Research: Rehabilitation Engineering

Research Centers

Section 353.10 What types of activities

are authorized under this program?

Comment: One commenter pointed

out that the word ‘‘medical’’ does not

appear in this section and

recommended including medical

sciences research among the types of

authorized activities.

Discussion: The Secretary points out

that § 353.10 is taken directly from the

1992 amendments to the Rehabilitation

Act. The Secretary recognizes that

medical sciences research frequently is

involved in the development of devices

and services to improve functioning and

independence. The Secretary does not

believe that any revision is necessary.

Changes: None.

Executive Order 12866

These final regulations have been

reviewed in accordance with Executive

Order 12866. Under the terms of the

order the Secretary has assessed the

potential costs and benefits of this

regulatory action.

The potential costs associated with

the regulations are those resulting from

statutory requirements and those

determined to be necessary for

administering this program effectively

and efficiently.

In assessing the potential costs and

benefits—both quantitative and

qualitative—of the regulations, the

Secretary has determined that the

benefits of the regulations justify the

costs.

The Secretary has also determined

that this regulatory action does not

unduly interfere with State, local, and

tribal governments in the exercise of

their governmental functions.

Regulatory Flexibility Act Certification

The Secretary certifies that these final

regulations will not have a significant

economic impact on a substantial

number of small entities. The small

entities that would be affected by these

final regulations are small public and

private agencies applying for Federal

funds under these programs. However,

the regulations will not have a

significant economic impact on the

entities affected because the regulations

will not impose excessive regulatory

burdens or require unnecessary Federal

supervision.

Assessment of Educational Impact

In the NPRM the Secretary requested

comments on whether the proposed

regulations would require transmission

of information that is being gathered by

or is available from any other agency or

authority of the United States.

Based on the response to the proposed

regulations and on its own review, the

Department has determined that the

regulations in this document do not

require transmission of information that

is being gathered by or is available from

any other agency or authority of the

United States.

List of Subjects

34 CFR Part 350

Administrative practice and

procedure, Education, Educational

research, Grant program—education,

Individuals with disabilities.

34 CFR Part 351

Education, Educational research,

Grant program—education, Individuals

with disabilities, Intergovernmental

relations, Vocational rehabilitation.

34 CFR Part 352

Education, Educational research,

Grant program—education, Individuals

with disabilities, Manpower training

programs, Vocational rehabilitation.

34 CFR Part 353

Education, Educational research,

Grant program—education, Individuals

with disabilities, Intergovernmental

relations, Rehabilitation engineering

research, Technical assistance,

Vocational rehabilitation.

34 CFR Part 356

Education, Educational research,

Grant program—education, Individuals

with disabilities, Vocational

rehabilitation.

Dated: March 30, 1995.

Richard W. Riley,

Secretary of Education.

(Catalog of Federal Domestic Assistance

Number 84.133, National Institute on

Disability and Rehabilitation Research)

The Secretary amends parts 350, 351,

352, 353, and 356 of Title 34 of the Code

of Federal Regulations as follows:

PART 350—DISABILITY AND

REHABILITATION RESEARCH:

GENERAL PROVISIONS

1. The authority citation for part 350

continues to read as follows:

Authority: 29 U.S.C. 760–762, unless

otherwise noted.

2. Section 350.1 is amended by

revising the heading and paragraphs (a)

and (b)(3) to read as follows:

§ 350.1 What are the purposes of activities

supported under the disability and

rehabilitation research program?

(a) The activities funded by the

Institute—

(1) Support the conduct of research,

demonstration projects, training, and

related activities to maximize the full

inclusion and integration into society,

employment, independent living, family

support, and economic and social selfsufficiency of individuals with

disabilities of all ages, with particular

emphasis on improving the

effectiveness, including the costeffectiveness, of services authorized

under the Act;

(2) Provide for a comprehensive and

coordinated approach to the support

and conduct of research, demonstration

projects, training, and related activities,

and to ensure that the approach is in

accordance with the long-range plan for

research developed by the Institute;

(3) Promote the transfer of

rehabilitation technology to individuals

with disabilities through research and

demonstration projects relating to—

(i) The procurement process for the

purchase of rehabilitation technology;

(ii) The utilization of rehabilitation

technology on a national basis; and

(iii) Specific adaptations or

customizations of products to enable

individuals with disabilities to live

more independently;

(4) Ensure the widespread

distribution to rehabilitation

professionals, individuals with

disabilities, and other interested parties,

in usable formats, of practical scientific

and technological information that is

generated by research, demonstration

projects, training and related activities;

(5) Ensure the widespread

dissemination to rehabilitation
Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and regulations 17427

professionals, individuals with

disabilities, and other interested parties,

in usable formats, of new knowledge

about disabilities, including state-of-theart practices and improvements in the

services authorized under the Act;

(6) Identify effective strategies that

enhance the opportunities for

individuals with disabilities to engage

in productive work; and

(7) Increase the opportunities for

researchers who are individuals with

disabilities or members of minority

groups or other traditionally

underserved populations.

(b) * * *

(3) Research grants for the

establishment and operation of

rehabilitation engineering research

centers (34 CFR part 353).

* * * * *

3. Section 350.2 is amended by

revising the undesignated introductory

text to read as follows:

§ 350.2 Who is eligible for assistance

under these programs?

The following agencies and

organizations are eligible for grants or

contracts as appropriate under these

programs, except for programs described

in 34 CFR Parts 352, 353, 356, and 360.

* * * * *

4. Section 350.3(d) is amended by

revising paragraph (d) to read as

follows:

§ 350.3 What regulations apply to these

programs?

* * * * *

(d)(1) Subject to the additional

requirement in paragraph (d)(2) of this

section, 34 CFR part 97, PROTECTION

OF HUMAN SUBJECTS.

(2) When an IRB reviews research that

purposefully requires inclusion of

children with disabilities or individuals

with mental disabilities as research

subjects, the IRB must include at least

one person primarily concerned with

the welfare of these research subjects.

5. Section 350.4 is amended by

revising the definitions and authority

citations in paragraph (b) for

‘‘Individual with handicaps,’’

‘‘Individual with severe handicaps,’’

‘‘Rehabilitation engineering,’’ ‘‘Research

utilization,’’ and ‘‘Supported

employment,’’ and adding new

definitions of ‘‘Assistive technology

device,’’ ‘‘Assistive technology service,’’

‘‘Disability,’’ and ‘‘Personal assistance

services,’’ to read as follows:

§ 350.4 What definitions apply to these

programs?

* * * * *

(b) * * *

Assistive technology device means

any item, piece of equipment, or

product system, whether acquired

commercially or off the shelf, modified,

or customized, that is used to increase,

maintain, or improve functional

capabilities of individuals with

disabilities.

(Authority: Sec. 7(23); 29 U.S.C. 706(23)

* * * * *

Assistive technology service means

any service that directly assists an

individual with a disability in the

selection, acquisition, or use of an

assistive technology device. The term

includes—

(1) The evaluation of the needs of an

individual with a disability, including a

functional evaluation of the individual

in the individual’s customary

environment;

(2) Purchasing, leasing, or otherwise

providing for the acquisition of assistive

technology devices by individuals with

disabilities;

(3) Selecting, designing, fitting,

customizing, adapting, applying,

maintaining, repairing, or replacing of

assistive technology devices;

(4) Coordinating and using other

therapies, interventions, or services

with assistive technology devices, such

as those associated with existing

education and rehabilitation plans and

programs;

(5) Training or technical assistance for

an individual with disabilities, or,

where appropriate, the family members,

guardians, advocates, or authorized

representatives of such an individual;

and

(6) Training or technical assistance for

professionals (including individuals

providing education and rehabilitation

services), employers, or other

individuals who provide services to

employ, or are otherwise substantially

involved in the major life functions of

individuals with disabilities.

(Authority: Sec. 7(24); 29 U.S.C. 706(24))

* * * * *

Disability means a physical or mental

impairment that substantially limits one

or more major life activities.

(Authority: Sec. 7(26)(B); 29 U.S.C.

706(26)(B))

* * * * *

Individual with a disability means any

individual who:

(1) Has a physical or mental

impairment that substantially limits one

or more of such person’s major life

activities;

(2) Has a record of such an

impairment; or

(3) Is regarded as having such an

impairment.

(Authority: Sec.7(8)(B); 29 U.S.C. 706(8)(B))

* * * * *

Individual with a severe disability

means an individual with a disability—

(1)(i) Who has a severe physical or

mental impairment that seriously limits

one or more functional capacities (such

as mobility, communication, self-care,

self-direction, interpersonal skills, work

tolerance, or work skills) in terms of an

employment outcome;

(ii) Whose vocational rehabilitation

can be expected to require multiple

vocational rehabilitation services over

an extended period of time; and

(iii) Who has one or more physical or

mental disabilities resulting from

amputation, arthritis, autism, blindness,

burn injury, cancer, cerebral palsy,

cystic fibrosis, deafness, head injury,

heart disease, hemiplegia, hemophilia,

respiratory or pulmonary dysfunction,

mental retardation, mental illness,

multiple sclerosis, muscular dystrophy,

musculoskeletal disorders, neurological

disorders (including stroke and

epilepsy), paraplegia, quadriplegia,

other spinal cord impairments, sickle

cell anemia, specific learning disability,

end-stage renal disease, or another

disability or combination of disabilities

determined on the basis of an

assessment of rehabilitation needs to

cause comparable substantial functional

limitation; or

(2) An individual with a severe

mental or physical impairment whose

ability to function independently in the

family or community or whose ability to

obtain, maintain, or advance in

employment is substantially limited and

for whom the delivery of independent

living services will improve the ability

to function, continue functioning, or

move towards functioning

independently in the family or

community or to continue in

employment, respectively.

(Authority: Sec. 7(15)(C); 29 U.S.C.

706(15)(C))

* * * * *

Personal assistance services means a

range of services, provided by one or

more persons, designed to assist an

individual with a disability to perform

daily living activities, on or off the job,

that the individual would typically

perform if the individual did not have

a disability. These services must be

designed to increase the individual’s

control in life and ability to perform

everyday activities on or off the job.

(Authority: Sec. 7(11); 29 U.S.C. 706(11))

* * * * *

Rehabilitation engineering means the

systematic application of engineering

sciences to design, develop, adapt, test,

evaluate, apply, and distribute

technological solutions to problems

confronted by individuals with
17428 Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and regulations

disabilities in such functional areas as

mobility, communications, hearing,

vision, cognition and in activities

associated with employment,

independent living, education, and

integration into the community.

(Authority: Sec. 12(c); 29 U.S.C. 711(c))

* * * * *

Rehabilitation technology means the

systematic application of technologies,

engineering methodologies, or scientific

principles to meet the needs of and

address the barriers confronted by

individuals with disabilities in such

areas as education, rehabilitation,

employment, transportation,

independent living, and recreation, and

includes rehabilitation engineering,

assistive technology devices, and

assistive technology services.

(Authority: Sec. 7(13); 29 U.S.C. 706(13))

* * * * *

Research utilization means activities

seeking to link research findings to

practical applications in planning,

policymaking, program administration,

and service practice in the delivery of

services to individuals with disabilities.

(Authority: Sec. 12(c); 29 U.S.C. 711(c))

* * * * *

Supported employment means

competitive work in integrated work

settings for individuals with the most

severe disabilities for whom competitive

employment has not traditionally

occurred or for whom competitive

employment has been interrupted or

intermittent as a result of a severe

disability, and who, because of the

nature and severity of their disability,

need intensive supported employment

services and extended services after

transition in order to perform that work.

The term includes transitional

employment for persons who are

individuals with the most severe

disabilities due to mental illness.

(Authority: Sec. 7(18); 29 U.S.C. 706(18))

* * * * *

6. Section 350.20 is revised to read as

follows:

§ 350.20 What are the application

procedures under these programs?

An applicant for assistance under 34

CFR parts 351, 352, 353, 354, 355, 357,

358, 359, or 360 whose application is to

conduct research, demonstrations, or

related activities that will either involve

clients of the State vocational

rehabilitation agency as research

subjects or study vocational

rehabilitation services or techniques,

shall follow the requirements in EDGAR

§§ 75.155–75.159, including—

(a) Submitting a copy of its

application for comment to the State

rehabilitation agency or agencies in the

primary State or States to be affected by

the proposed activities; and

(b) Including in its application copies

of transmittal letters to the appropriate

State agency or agencies indicating that

the necessary copies were transmitted

on or before the due date for transmittal

of the application to the Department.

(Approved by the Office of Management and

Budget under control number 1820–0027)

(Authority: Secs. 204(c) and 306(i); 29 U.S.C.

762(c) and 766(a))

7. A new § 350.21 is added to read as

follows:

§ 350.21 What is required of each

applicant relative to the needs of

individuals with disabilities from minority

backgrounds?

Unless the Secretary indicates

otherwise, an applicant for assistance

under 34 CFR parts 351, 352, 353, 354,

355, 357, 358, 359, or 360 must

demonstrate how it will address, in

whole or in part, the needs of

individuals with disabilities from

minority backgrounds. The approaches

an applicant may take to meet this

requirement, in whole or in part, may

include one or more of the following:

(a) Proposing project objectives

concerning minorities with disabilities.

(b) Demonstrating that its application

addresses a problem that is of particular

significance to individuals with

disabilities from minority backgrounds.

(c) Demonstrating that minority

individuals will be included in study

samples in sufficient numbers to

generate information pertinent to

minority individuals with disabilities.

(d) Drawing study samples and

program participant rosters from

populations or areas that include

individuals from minority backgrounds.

(e) Providing rehabilitation services,

clinical care, or training to minority

individuals with disabilities.

(f) Disseminating materials to or

otherwise increasing the access to

disability information among minority

populations.

(Approved by the Office of Management and

Budget under control number 1820–0027)

(Authority: Secs. 12(c) and 21(b)(6); 29 U.S.C.

711(c) and 718b(b)(6))

8. Section 350.34 is amended by

adding new paragraphs (b)(5) and

(c)(14); removing the word ‘‘and’’ at the

end of paragraphs (b)(3) and (c)(12);

removing the period and adding, in its

place,‘‘; and’’ at the end of paragraphs

(b)(4) and (c)(13); and adding an OMB

control number following the section to

read as follows:

§ 350.34 What selection criteria does the

Secretary use in reviewing applications

under parts 351, 354, or 355?

* * * * *

(b) * * *

(5) There is likely to be widespread

dissemination of the results, in a usable

and effective manner, to all appropriate

target populations, including

individuals with disabilities and their

family members.

(c) * * *

(14) The materials to be used in the

project and the materials to be

disseminated are likely to be in formats

that are accessible to the appropriate

populations.

* * * * *

(Approved by the Office of Management and

Budget under control number 1820–0027)

9. Section 350.40 is amended by

revising paragraph (b)(1)(iii) to read as

follows:

§ 350.40 What are the matching

requirements?

* * * * *

(b)(1) * * *

(iii) Research projects concerned with

end-stage renal disease,

telecommunications, rehabilitation of

children with disabilities and older

individuals with disabilities, (including

American Indians), attracting and

retaining rehabilitation professionals in

rural areas, producing and distributing

captioned video cassettes to individuals

who are deaf, and innovative methods

for providing services for children with

disabilities and their parents.

* * * * *

10. A new § 350.41 is added to read

as follows:

§ 350.41 What are the requirements of a

grantee relative to the Client Assistance

Program?

All projects that provide services to

individuals with disabilities with funds

awarded under these programs must

advise those individuals who are

applicants for or recipients of services

under the Act, or the parents, family

members, guardians, advocates, or

authorized representatives of the

individuals, of the availability and

purposes of the Client Assistance

Program (CAP) funded under the Act,

and must provide information on the

means of seeking assistance under the

CAP.

(Authority: Sec. 20; 29 U.S.C. 718a)

PART 351—DISABILITY AND

REHABILITATION RESEARCH:

RESEARCH AND DEMONSTRATION

PROJECTS

11. The authority citation for part 351

continues to read as follows:
Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and regulations 17429

Authority: 29 U.S.C. 760–762, unless

otherwise noted.

12. Section 351.1 is revised to read as

follows:

§ 351.1 What is the research and

demonstration projects program?

This program is designed to support—

(a) Discrete research, demonstration,

training, and related projects to develop

methods, procedures, and technology

that maximize the full inclusion and

integration into society, independent

living, employment, family support, and

economic and social self-sufficiency of

individuals with disabilities, especially

those with the most severe disabilities;

and

(b) Discrete research, demonstration,

and training projects that specifically

address the implementation of Titles I,

III, VI, VII, and VIII of the Act, with

emphasis on projects to improve the

effectiveness of these programs and to

meet the needs described in State Plans

submitted to the Rehabilitation Services

Administration by State vocational

rehabilitation agencies.

(Authority: Sec. 204(a); 29 U.S.C. 761 and

762)

13. Section 351.10 is amended by

revising paragraphs (a) and (b)(3)

through (7) and (9); adding a new

paragraph (b)(10); and revising the

authority citation to read as follows:

§ 351.10 What types of projects are

authorized under this program?

* * * * *

(a)(1) Studies and analyses of medical

rehabilitation and restorative

techniques, rehabilitation techniques or

services, industrial, vocational, social,

recreational, psychiatric, psychological,

economic, and other factors affecting

rehabilitation of individuals with

disabilities;

(2) Studies and analyses of special

problems of individuals who are

homebound and individuals who are

institutionalized;

(3) Studies, analyses, and

demonstrations of architectural and

engineering design—including universal

design—adapted to meet the special

needs of individuals with disabilities;

(4) Studies, analyses, and other

activities related to supported

employment; and

(5) Related activities that hold

promise of increasing knowledge and

improving the rehabilitation of

individuals with disabilities,

particularly those with the most severe

disabilities and those who are members

of populations that are unserved or

underserved by programs under this

Act.

(b) * * *

(3) International research,

demonstration, training, and technical

assistance projects, and exchange of

experts;

(4) Joint projects with other Federal

agencies and private industry in areas of

joint interest involving rehabilitation;

(5) Research related to the

rehabilitation of children or older

individuals with disabilities, including

older American Indian individuals with

disabilities;

(6) Projects to develop and

demonstrate innovative methods to

attract and retain professionals to serve

in rural areas in the rehabilitation of

individuals with disabilities, including

individuals with severe disabilities;

(7) Research and demonstration

projects on the provision of services for

children through the age of five with

disabilities;

* * * * *

(9) Research concerning the use of

existing telecommunication systems to

improve services to individuals with

disabilities; and

(10) Demonstration projects to

provide incentives for the development,

manufacture, and marketing of orphan

technological devices to enable

individuals with disabilities to achieve

independence and access to gainful

employment.

(Authority: Secs. 202(b)(8), 204(a), and

204(b)(4)–(10), (12), (15), and (16); 29 U.S.C.

761a(b)(8), 762(a), and 762(b)(4)–(10), (12),

(15), and (16))

PART 352—DISABILITY AND

REHABILITATION RESEARCH:

REHABILITATION RESEARCH AND

TRAINING CENTERS

14. The authority citation for Part 352

continues to read as follows:

Authority: 29 U.S.C. 760–762, unless

otherwise noted.

15. Section 352.1 is revised to read as

follows:

§ 352.1 What is the Rehabilitation

Research and Training Centers program?

This program supports Rehabilitation

Research and Training Centers for the

purpose of—

(a) Conducting coordinated and

advanced programs of research on

disability and rehabilitation that will

produce new knowledge that will

improve rehabilitation methods and

service delivery systems, alleviate or

stabilize disabling conditions, and

promote maximum social and economic

independence for individuals with

disabilities;

(b) Providing training to service

providers at the preservice, inservice,

undergraduate, and graduate levels, to

improve the quality and effectiveness of

rehabilitation services;

(c) Providing advanced research

training to individuals, including

individuals with disabilities and those

from minority backgrounds, engaged in

research on disability and rehabilitation;

and

(d) Serving as national and regional

technical assistance resources, and

providing training for service providers,

individuals with disabilities and their

families and representatives, and

rehabilitation researchers.

(Authority: Sec. 204(b)(2); 29 U.S.C.

762(b)(2))

16. Section 352.2 is revised to read as

follows:

§ 352.2 Who is eligible for assistance

under this program?

Under this program, awards may be

made to public and private

organizations, including institutions of

higher education and Indian tribes or

tribal organizations, that—

(a) Are of sufficient size, scope and

quality to carry out effectively the

activities in an efficient manner

consistent with appropriate State and

Federal law;

(b) Demonstrate the ability to carry

out the training activities, either directly

or through another entity that can

provide that training; and

(c) Demonstrate that the Center will

be operated in collaboration with an

institution of higher education or

provider of rehabilitation or other

appropriate services.

(Authority: Secs. 204(a) and 204(b)(2)(A)(i)

and (K); 29 U.S.C. 762(a) and 762(b)(2)(A)(i)

and (K))

17. Section 352.10 is revised to read

as follows:

§ 352.10 What activities are authorized

under this program?

(a) Rehabilitation Research and

Training Centers shall conduct research

activities, which must be accessible to

and usable by individuals with

disabilities, that may include the

following:

(1) Basic or applied medical

rehabilitation research.

(2) Research regarding the

psychological and social aspects of

rehabilitation.

(3) Research regarding disability

policy.

(4) Research related to vocational

rehabilitation.

(5) Research that promotes the social,

emotional, functional, and educational

growth of children who have

disabilities.

(6) Research to develop and evaluate

interventions, policies, and services that
17430 Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and regulations

support families of children and adults

who have disabilities.

(7) Research that will support the

improvement of services and policies to

foster the productivity, independence,

and social integration of individuals

with disabilities of all types, to live in

their communities.

(b) Rehabilitation Research and

Training Centers shall conduct training

activities, which must be accessible to

and usable by individuals with

disabilities, that may include the

following:

(1) Training of students preparing to

be rehabilitation personnel.

(2) Training at the preservice,

inservice, and graduate levels to assist

individuals to provide rehabilitation

services more effectively.

(3) Training at graduate, preservice,

and inservice levels for rehabilitation

research personnel.

(4) In-service training for individuals

with disabilities and their family

members, guardians, advocates, or

authorized representatives.

(5) Faculty support for teaching

rehabilitation-related courses of study

for credit and other courses offered by

the Center.

(c) Rehabilitation Research and

Training Centers shall disseminate

information and provide technical

assistance, which must be accessible to

and usable by individuals with

disabilities, through conferences,

workshops, public education programs,

inservice training programs,

publications, and similar activities, to—

(1) Providers of rehabilitation and

other relevant services to individuals

with disabilities;

(2) Individuals with disabilities;

(3) Family members of individuals

with disabilities; and

(4) Other authorized representatives,

advocates, and organizations that

provide information and support to

individuals with disabilities and their

families.

(d) Rehabilitation Research and

Training Centers may use part of their

funds to provide services connected

with their research and training

activities to individuals with

disabilities.

(e) Rehabilitation Research and

Training Centers are encouraged—

(1) To develop practical applications

for the findings of their research; and

(2) To disseminate information and

provide technical assistance to

administrators, policymakers, and

representatives of public and private

organizations whose activities affect the

productivity, independence, and

community integration of individuals

with disabilities.

(Authority: Sec. 204(b)(2)(A)(ii),(B)–(D), and

(F)–(I); 29 U.S.C. 762(b)(2)(A)(ii), (B)–(D), and

(F)–(I))

18. Section 352.31 revising paragraph

(c)(2)(iii); adding (c)(2)(vi) and (vii);

removing the word ‘‘and’’ at the end of

paragraph (c)(2)(iv); removing the

period, and adding in its place a

semicolon at the end of paragraph

(c)(2)(v); republishing the OMB control

number; and revising the authority

citation to read as follows:

§ 352.31 What selection criteria are used

under this program?

* * * * *

(c) * * *

(2) * * *

(iii) Training packages that make

research results available to service

providers, researchers, educators,

individuals with disabilities, parents,

and others;

* * * * *

(vi) Widespread dissemination of

findings and other appropriate materials

to providers of rehabilitation and other

relevant services to individuals with

disabilities, individuals with

disabilities, family members of

individuals with disabilities, and other

authorized representatives, advocates,

and organizations that provide

information and support to individuals

with disabilities and their families; and

(vii) Dissemination of research

findings and other materials in

appropriate formats and accessible

media for use by individuals with

various disabilities.

* * * * *

(Approved by the Office of Management and

Budget under control number 1820–0027)

(Authority: Secs. 202(e) and 204(b)(2); 29

U.S.C. 761a(e) and 762(b)(2))

19. Section 352.33 is revised to read

as follows:

§ 352.33 What is the project period of a

Rehabilitation Research and Training

Center?

Awards are made under this program

for a period of five years except that

awards may be made for a lesser period

if—

(a) The award is made to a new

recipient; or

(b) The award supports a new

research area or an innovative approach

to a research area.

(Authority: Sec. 204(b)(2)(L); 29 U.S.C.

762(b)(2)(L))

20. A new § 352.34 is added to read

as follows:

§ 352.34 What other factors does the

Secretary consider in making an award

under this program?

In making an award under this

program, the Secretary takes into

consideration the location of any

proposed Center and the appropriate

geographic and regional allocation of all

Centers.

(Authority: Sec. 204(b)(2)(J); 29 U.S.C.

762(b)(2)(J))

21. The authority citation in § 352.40

is revised to read as follows:

(Authority: Section 204(b)(2); 29 U.S.C.

762(b)(2))

22. The heading of part 353 is revised

to read as follows:

PART 353—DISABILITY AND

REHABILITATION RESEARCH:

REHABILITATION ENGINEERING

RESEARCH CENTERS

23. The authority citation for part 353

is revised to read as follows:

Authority: 29 U.S.C. 762(b)(3), unless

otherwise noted.

24. Section 353.1 is revised to read as

follows:

§ 353.1 What is the Rehabilitation

Engineering Research Centers program?

Rehabilitation Engineering Research

Centers conduct research,

demonstration, and training activities

regarding rehabilitation technology—

including rehabilitation engineering,

assistive technology devices, and

assistive technology services, in order to

enhance the opportunities to better meet

the needs of, and address the barriers

confronted by, individuals with

disabilities in all aspects of their lives.

(Authority: Sec. 204(b)(3)(A); 29 U.S.C.

762(b)(3)(A))

25. Section 353.2 is revised to read as

follows:

§ 353.2 Who is eligible for assistance

under this program?

A public or private entity, including

an Indian tribe or tribal organization, is

eligible to receive an award under this

program if the entity demonstrates that

the Center will be operated by, or in

collaboration with, an institution of

higher education or a nonprofit

organization.

(Authority: Sec. 204(b)(3)(A); 29 U.S.C.

762(b)(3)(A))

26. Section 353.10 is revised to read

as follows:

§ 353.10 What types of activities are

authorized under this program?

(a) Rehabilitation Engineering

Research Centers shall carry out
Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and regulations 17431

research and demonstration activities

through—

(1) Developing and disseminating

innovative methods of applying

advanced technology, scientific

achievement, and psychological and

social knowledge to solve rehabilitation

problems and remove environmental

barriers through—

(i) Planning and conducting research,

including cooperative research with

public or private agencies and

organizations, designed to produce new

scientific knowledge and new or

improved methods, equipment, or

devices; and

(ii) Studying and evaluating the

effectiveness and benefits of new or

emerging technologies, products, or

environments.

(2) Demonstrating and

disseminating—

(i) Innovative models for the delivery

to rural and urban areas of cost-effective

rehabilitation technology services that

will promote the use of assistive

technology services; and

(ii) Other scientific research to assist

in meeting the employment and

independent living needs of individuals

with severe disabilities; or

(3) Conducting research and

demonstration activities that facilitate

service delivery systems change by

demonstrating, evaluating,

documenting, and disseminating—

(i) Consumer-responsive and

individual and-family-centered

innovative models for the delivery to

both rural and urban areas of

innovative, cost-effective rehabilitation

technology services that promote

utilization of rehabilitation devices; and

(ii) Other scientific research to assist

in meeting the employment and

independent living needs of, and

addressing the barriers confronted by

individuals with disabilities, including

individuals with severe disabilities.

(b) To the extent consistent with the

nature and type of research or

demonstration activities described in

paragraph (a) of this section, the

Rehabilitation Engineering Research

Centers shall carry out research,

training, and information dissemination

activities by—

(1) Cooperating with programs

established under the TechnologyRelated Assistance for Individuals with

Disabilities Act of 1988 (Pub. L. 100–

407), and other regional and local

programs, to provide information to

individuals with disabilities and their

parents, family members, guardians,

advocates, or authorized

representatives, to increase awareness

and understanding of how rehabilitation

technology can address their needs, and

the range of options, programs, services,

and resources available, including

financing options for the technology and

services covered by the area of focus of

the Center;

(2) Providing training to individuals,

including individuals with disabilities,

to enable them to become rehabilitation

technology researchers and practitioners

of rehabilitation technology; and

(c) Responding, through research or

demonstration activities, to the needs of

individuals with all types of disabilities

who may benefit from the application of

technology within the area of focus of

the Center.

(Authority: Secs. 204(b)(3); 29 U.S.C.

762(b)(3))

27. Section 353.31 is amended by

adding a new paragraph (c)(4); replacing

the colon at the end of paragraph

(b)(2)(vi) with a period; removing the

‘‘and’’ at the end of paragraph (c)(2)(iv);

removing the period at the end of

paragraph (c)(3) and adding, in its place

‘‘; and’’; republishing the OMB control

number; and revising the authority

citation to read as follows:

§ 353.31 What selection criteria are used

under this program?

* * * * *

(c) * * *

(4) The plan provides for effective

cooperation with appropriate State,

local, and regional organizations and

projects to provide information to

individuals with disabilities and their

family members, advocates, and

representatives, about the potential uses

and benefits, and resources for

obtaining, rehabilitation technology.

* * * * *

(Approved by the Office of Management and

Budget under control number 1820–0027)

(Authority: Secs. 202(e) and 204(b)(3); 29

U.S.C. 761a(e) and 762(b)(3))

28. A new § 353.33 is added to read

as follows:

§ 353.33 What is the project period of a

Rehabilitation Engineering Research

Center?

Awards are made under this program

for a period of five years except that

awards may be made for a lesser period

if—

(a) The award is made to a new

recipient; or

(b) The award supports a new

research area or an innovative approach

to a research area.

(Authority: Sec. 204(b)(3)(E); 29 U.S.C.

762(b)(3)(E))

29. A new § 353.40 is added to read

as follows:

§ 353.40 What additional requirements

must be met by a grantee under this

program?

(a) A Rehabilitation Engineering

Research Center shall cooperate with

State rehabilitation agencies, and other

local, State, regional, and national

programs and organizations developing

or delivering rehabilitation technology,

including State programs funded under

the Technology-Related Assistance for

Individuals with Disabilities Act of

1988, as amended.

(b) A Rehabilitation Engineering

Research Center funded under this

program shall prepare and submit to the

Secretary, either as part of an

application for continuation of a grant

or as part of a final report, a report that

documents the short- and long-term

impact of the center’s program and

program outcomes on the lives of

individuals with disabilities, and such

other information as the Secretary may

request.

(Authority: Sec. 204(b)(3)(G); 29 U.S.C.

762(b)(3)(G))

30. A new § 353.41 is added to read

as follows:

§ 353.41 What is the advisory committee

requirement for a grantee under this

program?

A Rehabilitation Engineering

Research Center that conducts research

or demonstration activities that facilitate

service delivery systems change shall

have an advisory committee of which

the majority of the members are

individuals with disabilities who are

users of rehabilitation technology, or the

parents, family members, guardians,

advocates, or authorized representatives

of users of assistive technology.

(Authority: Secs. 204(b)(3)(D)(ii); 29 U.S.C.

762(b)(3)(D)(ii))

PART 356—DISABILITY AND

REHABILITATION RESEARCH:

RESEARCH FELLOWSHIPS

31. Section 356.3(c) is amended by

revising paragraph (c) to read as follows:

§ 356.3 What regulations apply to this

program?

* * * * *

(c)(1) Subject to the additional

requirement in paragraph (c)(2) of this

section, 34 CFR part 97, PROTECTION

OF HUMAN SUBJECTS.

(2) When an IRB reviews research that

purposefully requires inclusion of

children with disabilities or individuals

with mental disabilities as research

subjects, the IRB must include at least
17432 Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and regulations

one person primarily concerned with

the welfare of these research subjects.

[FR Doc. 95–8342 Filed 4–4–95; 8:45 am]

BILLING CODE 4000–01–P