[Federal Register Volume 60, Number 65 (Wednesday, April 5, 1995)]
[Rules and Regulations]
[Pages 17424-17432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8342]
[[Page 17423]]
_______________________________________________________________________
Part V
Department of Education
_______________________________________________________________________
34 CFR Part 350, et al.
National Institute on Disability Reahabilitation Research; Final Rule
Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules
and regulations
[[Page 17424]]
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 Sec. 350.1 has been revised to include improving
the cost-effectiveness of services under the Act in the list of
purposes of the activities supported by NIDRR.
The regulation in Sec. 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 Sec. 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 Sec. 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 Sec. 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 Secs. 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 Sec. 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 [[Page 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
Sec. 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 Sec. 353.40, and the advisory
committee requirements are contained in Sec. 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
cost-effectiveness 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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
Sec. 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. [[Page 17426]]
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 Sec. 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:
Sec. 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 self-sufficiency of individuals with
disabilities of all ages, with particular emphasis on improving the
effectiveness, including the cost-effectiveness, 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
[[Page 17427]] professionals, individuals with disabilities, and other
interested parties, in usable formats, of new knowledge about
disabilities, including state-of-the-art 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:
Sec. 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:
Sec. 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:
Sec. 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 [[Page 17428]] 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:
Sec. 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 Secs. 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 Sec. 350.21 is added to read as follows:
Sec. 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:
Sec. 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:
Sec. 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 Sec. 350.41 is added to read as follows:
Sec. 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:
[[Page 17429]] Authority: 29 U.S.C. 760-762, unless otherwise
noted.
12. Section 351.1 is revised to read as follows:
Sec. 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:
Sec. 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:
Sec. 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:
Sec. 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:
Sec. 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 [[Page 17430]] 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:
Sec. 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:
Sec. 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 Sec. 352.34 is added to read as follows:
Sec. 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 Sec. 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:
Sec. 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:
Sec. 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:
Sec. 353.10 What types of activities are authorized under this
program?
(a) Rehabilitation Engineering Research Centers shall carry out
[[Page 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 Technology-
Related 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:
Sec. 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 Sec. 353.33 is added to read as follows:
Sec. 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 Sec. 353.40 is added to read as follows:
Sec. 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 Sec. 353.41 is added to read as follows:
Sec. 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:
Sec. 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
[[Page 17432]] 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
