94-16287. Independent Living Services for Older Individuals Who Are Blind; Notice Inviting Applications for New Awards for Fiscal Year (FY) 1994  

  • [Federal Register Volume 59, Number 128 (Wednesday, July 6, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-16287]
    
    
    [[Page Unknown]]
    
    [Federal Register: July 6, 1994]
    
    
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    DEPARTMENT OF EDUCATION
    [CFDA No. 84.177A]
    
     
    
    Independent Living Services for Older Individuals Who Are Blind; 
    Notice Inviting Applications for New Awards for Fiscal Year (FY) 1994
    
    Purpose of Program
    
        This program supports projects that--(1) provide independent living 
    services to older individuals who are blind; (2) conduct activities 
    that will improve or expand services for these individuals; and (3) 
    conduct activities to help improve public understanding of the problems 
    of these individuals. The Independent Living Services for Older 
    Individuals Who Are Blind program supports the National Education Goal 
    that, by the year 2000, every adult American will be literate and will 
    possess the knowledge and skills necessary to compete in a global 
    economy and exercise the rights and responsibilities of citizenship.
        Eligible Applicants: Any designated State agency (DSA) that is 
    authorized to provide rehabilitation services to individuals who are 
    blind is eligible for an award under this program.
        Deadline for Transmittal of Applications: August 5, 1994
        Deadline for Intergovernmental Review: September 6, 1994
        Applications Available: July 6, 1994
        Available Funds: $7,449,000.
        Estimated Range of Awards: $130,000-180,000.
        Estimated Average Size of Award: $158,000.
        Estimated Number of Awards: 47.
    
        Note: The Department is not bound by any estimates in this 
    notice.
    
        Project Period: Up to 60 months.
        Applicable Regulations: (a) The Education Department General 
    Administrative Regulations (EDGAR) in 34 CFR Parts 75, 77, 79, 80, 81, 
    82, 85, and 86; and (b) The regulations for this program in 34 CFR Part 
    367.
        It is the policy of the Department of Education not to solicit 
    applications before the publication of final regulations. However, in 
    this case, it is essential to solicit applications on the basis of the 
    notice of proposed rulemaking, published in the Federal Register on May 
    12, 1994 (59 FR 24814), because the Department's authority to obligate 
    these funds will expire on September 30, 1994.
        The comment period for the notice of proposed rulemaking ended on 
    June 13, 1994. Six parties submitted comments on proposed 34 CFR Part 
    367. The following is a summary of the comments received and of the 
    changes that are expected to be made, based on public comments, in the 
    final regulations that are currently undergoing review.
        Three commenters supported the proposed regulations as worded.
        One commenter recommended adding the word ``may'' to proposed 
    Sec. 367.3(b). (Although the commenter identified the provision as 
    Sec. 367.1(b), the comment makes sense only if applied to proposed 
    Sec. 367.3(b).) The commenter stated that the addition of the word 
    ``may'' would give States flexibility in the event they have funds to 
    cover other services.
        Proposed Sec. 367.3(a) states that a DSA ``may'' use funds awarded 
    under proposed Part 367 for the activities described in proposed 
    Secs. 367.1 and in 367.3(b). The Secretary believes that this language 
    already provides a DSA with adequate flexibility in choosing which 
    services will be provided to individuals in the State. Therefore, no 
    change to proposed Sec. 367.3(b) is expected in the final regulations.
        One commenter suggested changing the definition of ``older 
    individual who is blind'' in proposed Sec. 367.5 to make it less 
    restrictive. Because this term is specifically defined in section 751 
    of the Act, no change to this definition in proposed Sec. 367.5 is 
    expected in the final regulations.
        One commenter recommended adding a definition of ``capacity 
    building'' to proposed Sec. 367.5. The Secretary does not believe a 
    definition is necessary because a variety of possible opportunities 
    already exists for local, regional, and State ``capacity building.''
        One commenter suggested that the list of services in proposed 
    Sec. 367.22(g) should be the same as that provided in proposed 
    Sec. 367.3(b) and also suggested adding the word ``may'' to 
    Sec. 367.22(g)(2). The commenter also stated that the wording in 
    proposed Sec. 367.22(g) could be construed to mean that grant funds 
    have to be used for all the listed services and that States should not 
    have to duplicate services already provided by the State through other 
    sources.
        The Secretary agrees that the list of services in these proposed 
    provisions should be the same. The Secretary expects that this change 
    will be made to proposed Secs. 367.3(b) and 367.22(g)(2) in the final 
    regulations. The Secretary also agrees that Chapter 2 funds should be 
    used in a way that will supplement services that may already be 
    available through other sources. The Secretary expects that proposed 
    Sec. 367.22(g)(2) of the final regulations will be changed to make 
    clear that an application will be evaluated on the extent to which the 
    DSA will use Chapter 2 funds to meet the unmet independent living (IL) 
    needs of individuals in the State.
        One commenter recommended including older individuals who are blind 
    in the selection of new methods and approaches for the provision of IL 
    services pursuant to proposed Sec. 364.28.
        The Secretary believes that the views of older individuals who are 
    blind will be adequately represented and addressed by the Statewide 
    Independent Living Council (SILC). The SILC and DSU have joint 
    responsibility for development of the State plan and for ensuring that 
    consumers have the opportunity to comment on the development and 
    revision of the State plan during public hearings. The selection and 
    incorporation into the State plan of any new approaches for the 
    provision of IL services to older individuals who are blind would 
    require a revision to the State plan. Therefore, the Secretary does not 
    expect any changes in the final regulations.
        Two commenters recommended deleting proposed Sec. 367.41(b), which 
    restricts a DSA's flexibility to enter into procurement contracts with 
    public and private nonprofit agencies.
        Although section 752(i)(2)(A) of the Rehabilitation Act of 1973 
    (Act), as amended, 29 U.S.C. 701-796i, is a general provision that 
    allows the DSA to operate or administer this program either directly or 
    through grants or contracts, section 752(g) of the Act requires that a 
    State's awards to public and private nonprofit agencies and 
    organizations under this program be made only through grants. 
    Therefore, no change to proposed Sec. 367.41(b) is expected in the 
    final regulations.
        Applicants should prepare their applications based on the proposed 
    regulations, as modified by the expected changes contained in this 
    notice. If additional changes are made in the final regulations that 
    are currently undergoing review, applicants will be given the 
    opportunity to revise or resubmit their applications.
    
    For Applications or Information Contact: Raymond Melhoff, U.S. 
    Department of Education, 400 Maryland Avenue, S.W., Room 3416 Switzer 
    Building, Washington, D.C. 20202-2741. Telephone: (202) 205-9320. 
    Individuals who use a telecommunications device for the deaf (TTD) may 
    call (202) 205-9362.
        Information about the Department's funding opportunities, including 
    copies of application notices for discretionary grant competitions, can 
    be viewed on the Department's electronic bulletin board (ED Board), 
    telephone (202) 260-9950; or on the Internet Gopher Server at 
    GOPHER.ED.GOV (under Announcements, Bulletins, and Press Releases). 
    However, the official application notice for a discretionary grant 
    competition is the notice published in the Federal Register.
    
        Program Authority: 29 U.S.C. 796f.
    
        Dated: June 30, 1994.
    Judith E. Heumann,
    Assistant Secretary, Office of Special Education and Rehabilitative 
    Services.
    [FR Doc. 94-16287 Filed 7-5-94; 8:45 am]
    BILLING CODE 4000-01-P
    
    
    

Document Information

Published:
07/06/1994
Department:
Education Department
Entry Type:
Uncategorized Document
Document Number:
94-16287
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: July 6, 1994, CFDA No. 84.177A