[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: 94-16288]
[[Page Unknown]]
[Federal Register: July 6, 1994]
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DEPARTMENT OF EDUCATION
[CFDA No.: 84.132A]
Centers for Independent Living; Inviting Applications for New
Awards for Fiscal Year (FY) 1994
Purpose of Program
This program provides support for planning, conducting,
administering, and evaluating centers for independent living (centers)
that comply with the standards and assurances in section 725 of the
Rehabilitation Act of 1973 (Act), as amended, consistent with the State
plan for establishing a statewide network of centers. Centers are
consumer-controlled, community-based, cross-disability, nonresidential
private nonprofit agencies that are designed and operated within local
communities by individuals with disabilities and provide an array of
independent living (IL) services.
Eligible Applicants
An applicant is eligible to apply as a new center if the applicant
meets the requirements of Secs. 366.2(a) and 366.24 and either-- (1) Is
not currently receiving funds under Part C of Chapter 1 of Title VII of
the Act; or (2) proposes the expansion of an existing center through
the establishment of a separate and complete center (except that the
governing board of the existing center may serve as the governing board
of the new center) in a different geographical location. Eligibility
under this competition is limited to those entities proposing to serve
areas that are unserved or underserved in the States and territories
listed under AVAILABLE FUNDS.
Deadline for Transmittal of Applications: August 5, 1994.
Deadline for Intergovernmental Review: September 6, 1994.
Applications Available: July 6, 1994.
Available Funds: $2,776,432 as distributed in the following--
American Samoa............................................. $154,046
Arkansas................................................... 80,107
Arizona.................................................... 80,107
Delaware................................................... 32,531
D.C........................................................ 64,720
Florida.................................................... 247,814
Georgia.................................................... 227,776
Guam....................................................... 44,641
Hawaii..................................................... 51,546
Indiana.................................................... 54,588
Iowa....................................................... 58,755
Louisiana.................................................. 80,107
Maryland................................................... 80,107
Nevada..................................................... 80,107
New Hampshire.............................................. 80,107
New Jersey................................................. 284,293
North Carolina............................................. 227,885
North Dakota............................................... 80,107
Ohio....................................................... 378,894
Puerto Rico................................................ 80,107
South Carolina............................................. 80,107
South Dakota............................................... 80,107
Washington................................................. 56,892
Wyoming.................................................... 80,107
Estimated Range of Awards: $32,000 to $200,000.
Estimated Number of Awards: 1 to 5 per eligible State or territory.
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 74, 75, 77, 79, 80,
81, 82, 85, and 86; and (b) The program regulations in 34 CFR Parts 364
and 366.
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 (NPRM) 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 NPRM ended on June 13, 1994. A total of
40 comments were received from centers (21), State agencies (11),
Statewide Independent Living Councils and other statewide organizations
(4), national constituent organizations (3), and an individual (1). The
comments were generally favorable and constructive. The following is a
summary of the substantive comments received on the NPRM and of the
changes that are expected to be made, based on public comments, in the
final regulations that are currently undergoing review and that may
affect applicants under this competition. Technical and other minor
changes--and suggested changes the Secretary is not legally authorized
to make under the applicable statutory authority--are not addressed.
Only one commenter objected to the 30-day comment period. The
Secretary considered a 30-day comment period necessary because a longer
comment period would not have left enough time to publish this notice
inviting applications for competitive awards for new centers under this
program for fiscal year (FY) 1995. The Secretary also considered a 30-
day comment period adequate because of the extensive opportunity for
input and comment that was afforded to the public prior to publishing
the NPRM. The Secretary does not believe it is necessary to extend the
comment period.
Part 364
Two commenters objected to the change in terminology from an
individual with ``severe'' disabilities to an individual with
``significant'' disabilities. Although only one comment specifically
complimenting the Department on the use of ``significant'' rather than
``severe'' was received in response to the NPRM, the IL community
previously expressed overwhelming support for the change in comments to
the notice of proposed rulemaking on the proposed nomenclature change
published on October 27, 1993 (58 FR 57938). Therefore, the Secretary
does not expect any change in the final regulations.
A number of commenters suggested changes to the definitions in
proposed Sec. 364.4.
Two commenters were concerned that the proposed definition of
``advocacy'' may be interpreted to require an advocate to be an
attorney. One of these commenters suggested a broader definition of
``advocacy.''
The proposed definition of ``advocacy'' specifically states that,
to the extent permitted by State law or the rules of any agency before
which an individual is appearing, a non-lawyer may engage in advocacy
on behalf of another individual. The Secretary does not interpret this
definition as requiring an advocate to be an attorney in all cases, but
only in those situations where State law or the rules of an agency
require that an advocate representing another individual be an
attorney.
Therefore, the Secretary does not expect any change to this
definition in the final regulations.
Commenters suggested that the proposed definition of ``attendant
care'' be revised to make it clear that this service may be provided on
the job and in the community, as well as at home.
The Secretary believes the proposed definition provides adequate
flexibility to allow attendant care in a variety of situations.
Therefore, the Secretary does not expect any change to this definition
in the final regulations.
Commenters questioned why the words ``cognitive'' and ``sensory''
do not appear in the proposed definition of ``individual with
significant disabilities.'' These commenters noted that the proposed
definition conflicts with the proposed definition of an ``individual
with a disability.''
The concepts of ``physical'' and ``mental'' impairments in the
statutory definitions of ``individual with a severe disability'' and
``individual with a disability'' include the concepts of ``sensory''
and ``cognitive'' impairments, respectively. However, the Secretary
agrees that the definitions of ``individual with a significant
disability'' and ``individual with a disability'' should be consistent.
Therefore, the Secretary anticipates adding the words ``sensory'' and
``cognitive'' to the definition of ``individual with a significant
disability'' in the final regulations.
In proposed Sec. 364.5, commenters objected to the limitation on
reallocating expenditures after the initiation of an audit or
compliance review and considered it punitive and contrary to ordinary
accounting procedures.
The Secretary agrees that a change is necessary to make this
requirement consistent with acceptable accounting practices. Therefore,
the Secretary anticipates changing Sec. 364.5 in the final regulations
to allow costs that a grantee intends to use as an offset against
disallowed costs, if those costs are reported on the final financial
status reports within 90 days after the completion of an audit or
compliance review.
Commenters objected to the language in proposed Secs. 364.6 and
364.7 regarding program income. Commenters asserted that the resource
development requirement in evaluation standard 7 in section 725(b)(7)
of the Act should be interpreted to permit centers to accumulate funds
over several years to create, among other financial instruments,
endowments and reserves.
The Secretary agrees that imposing time limits on the use of
program income may be inconsistent with long-term ``resource
development,'' which may include endowment drives and the solicitation
of gifts and bequests that may produce long-term income. Therefore, the
Secretary anticipates changing the language in proposed Secs. 364.6 and
364.7 in the final regulations to allow centers to use program income
to establish endowments and other similar financial instruments, but
only if the corpus and income generated from the endowment and other
similar financial instruments are used solely to carry out the purposes
of the Center for Independent Living (CIL) program authorized under
Part C of Chapter 1 of Title VII of the Act.
One commenter objected to the use of the term ``special'' when
referring to reasonable accommodation and ``alternative'' modes of
communication in proposed Secs. 364.20, 364.23, and 364.56.
The Secretary agrees with the commenter and anticipates
substituting the word ``alternative'' for the word ``special'' in these
sections of the final regulations.
Commenters expressed concern regarding access to records in
proposed Sec. 364.37(c) on the grounds that access to individual
records may be unnecessarily intrusive and inconsistent with
commitments that providers make to their consumers.
The Secretary believes that access to individual case records or
files or consumer service records is necessary for the proper and
efficient administration and monitoring of the CIL program. Proposed
Sec. 364.37(c) limits this access to the Secretary and the Comptroller
General of the United States, or any of their duly authorized
representatives. The Secretary does not believe that this access is
unreasonable or that it will be abused. Therefore, the Secretary does
not expect any change in the final regulations.
Commenters were concerned that the references to ``legally
authorized representative'' in proposed Sec. 364.51 may be interpreted
to require an attorney or legal guardian.
The Secretary does not intend to require that only an attorney or
legal guardian may represent an individual for purposes of proposed
Sec. 364.51(b)(2)(requirements pertaining to ineligibility
determinations). Therefore, the Secretary anticipates adding a
definition of ``legally authorized representative'' to the final
regulations to clarify that an individual's authority to represent or
advocate on behalf of an individual with significant disabilities is
determined pursuant to State law.
Two commenters objected to the absence of requirements in proposed
Sec. 364.52 regarding the content of a waiver and the appropriate
solicitation of a waiver. One of the commenters also was concerned that
the absence of conditions on the use of waivers could allow service
providers to circumvent the requirements of proposed Secs. 364.43
(provision of IL services by the State) and 364.53 (documentation of IL
services provided to individuals). One of the commenters also suggested
that the regulations should require that consumers be advised of the
need for an IL plan and how the IL plan helps protect the consumer's
rights.
The Secretary agrees in part with the commenters and anticipates
adding the words ``knowingly and voluntarily'' before the word
``signs'' in Sec. 364.52(a)(2) of the final regulations. The Secretary
believes this is adequate protection to prevent the possibility of
service providers forcing consumers to sign ``waivers.'' The Secretary
does not believe that it is necessary to add further requirements
regarding the waiver of an IL plan.
Commenters suggested that proposed Sec. 364.53 be modified to
recognize the fact that records may be electronic as well as written.
The Secretary agrees with the commenters. With the exception of an
IL plan or a waiver of an IL plan, both of which require a consumer's
signature, the Secretary anticipates revising Sec. 364.53 in the final
regulations to allow records to be maintained electronically.
Commenters suggested that the State standards in proposed
Sec. 364.55 should not be permitted to exceed the standards in section
725 of the Act.
The standards referred to in proposed Sec. 364.55 are actually the
standards that the designated State unit (DSU) is required to develop
pursuant to proposed Sec. 365.31 for those service providers that are
not centers or for centers that are providing specialized IL services
under a contract with the DSU. The Secretary anticipates adding
language to the final regulations to make this clear.
One commenter objected to the words ``other information'' in
proposed Sec. 364.56(c)(2) because of the possibility that service
providers may use this language to withhold information from a
consumer.
Proposed Sec. 364.56(c)(2) does not permit a service provider to
withhold information from a consumer. Proposed Sec. 364.56(c)(2) merely
requires that, if a service provider determines that releasing medical,
psychological, or other information may be harmful if released directly
to the consumer, the service provider shall release this information to
the consumer through a qualified medical or psychological professional
or the individual's legally authorized representative. The Secretary
does not expect any change to Sec. 364.56(c)(2) in the final
regulations.
Part 366
One commenter suggested adding a requirement to the selection
criteria in proposed Sec. 366.27 that the governing board be reflective
of the localities to be served by the proposed center.
The Secretary believes that, rather than adding the suggested
language to the selection criteria in proposed Sec. 366.27, replacing
the words ``another'' and ``other'' in proposed Sec. 366.28(a) with
``bordering'' and adding similar language in Secs. 366.2(a)(1)(i),
366.28(a), and 366.29(a) of the final regulations is more appropriate.
In this manner, centers will be limited to operating within a ``local
community,'' as required by section 702(1)(A) of the Act.
One commenter considered the selection criterion in proposed
Sec. 366.27(a)(2) too vague and suggested that it be expanded to ``not
appear to be the traditional `needs assessment' that creates more
service providers.''
The Secretary believes that the criterion adequately explains how
an applicant can be expected to identify the need for a new center in a
community and how the applicant plans to address this identified need.
The Secretary does not expect any change in the final regulations.
Commenters suggested reducing the points allotted to ``plan of
operation'' and increasing points for ``involvement of individuals with
significant disabilities'' in the selection criteria in proposed
Sec. 366.27(g) and (h), respectively. Commenters also felt that the
proposed selection criteria should include the involvement of
individuals with significant disabilities in the preparation of a
center's application.
The Secretary believes that the points assigned to the ``plan of
operation'' selection criterion appropriately reflect its value. The
Secretary agrees that participation of individuals with significant
disabilities in the preparation of applications is important and
anticipates substituting the phrase ``developing the center's
application'' for the phrase ``conducting center activities'' in
Sec. 366.27(h)(1) of the final regulations.
Selection Criteria
In evaluating applications for grants under this competition, the
Secretary uses the selection criteria in Sec. 366.27 of the notice of
proposed rulemaking published in the Federal Register on May 12, 1994
(59 FR 24814, 24838-24839), with the anticipated changes discussed in
this notice.
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: Telephone (202) 205-9315. Individuals who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern time, Monday through Friday. Individuals may write to
receive an application from Donald Thayer, U.S. Department of
Education, 400 Maryland Avenue, SW., Room 3326 Switzer Building,
Washington, DC 20202-2741.
FOR FURTHER INFORMATION CONTACT: Donald Thayer, telephone: (202) 205-
9315, or John Nelson, telephone: (202) 205-9362 (Voice and TDD), U.S.
Department of Education, 400 Maryland Avenue, SW., Room 3326 Switzer
Building, Washington, DC 20202-2741.
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. 721(c) and (e) and 796(f).
Dated: June 30, 1994.
Judith E. Heumann,
Assistant Secretary for the Office of Special Education and
Rehabilitative Services.
[FR Doc. 94-16288 Filed 7-5-94; 8:45 am]
BILLING CODE 4000-01-P
