[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19435]
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[Federal Register: August 10, 1994]
_______________________________________________________________________
Part V
Department of Education
_______________________________________________________________________
Office of Special Education and Rehabilitative Services
_______________________________________________________________________
34 CFR Parts 350, et al.
National Institute on Disability Rehabilitation Research; Proposed Rule
DEPARTMENT OF EDUCATION
Office of Special Education and Rehabilitative Services
34 CFR Parts 350, 351, 352, and 353
RIN 1820-AB01
National Institute on Disability Rehabilitation Research
AGENCY: Education.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Secretary proposes to amend existing regulations for
certain programs administered by the National Institute on Disability
and Rehabilitation Research (NIDRR). These proposed amendments result
primarily from the Rehabilitation Act Amendments of 1992 (the
Amendments). The proposed regulations add new definitions and program
activities consistent with the Amendments and reflect new statutory
requirements.
DATES: Comments must be received on or before September 26, 1994.
ADDRESSES: All comments concerning these proposed regulations should be
addressed to Betty Jo Berland, U.S. Department of Education, 400
Maryland Avenue, S.W., Washington, D.C. 20202, Switzer Building, Room
3422. A copy of any comments that concern information collection
requirements should also be sent to the Office of Management and Budget
at the address listed in the Paperwork Reduction Act section of this
preamble.
FOR FURTHER INFORMATION CONTACT: Betty Jo Berland. Telephone: (202)
205-9739. Individuals who use a telecommunications device for the deaf
(TDD) may call the TDD number at (202) 205-5516.
SUPPLEMENTARY INFORMATION: These proposed regulations primarily
implement statutory changes made by the Rehabilitation Act Amendments
of 1992 (Pub. L. 102-569). Some of the changes are to 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''.
These proposed regulations in Sec. 350.4 include new statutory
definitions for many of the terms used in Section 7 of the
Rehabilitation Act, including the definitions of such key terms as
``disability'', ``individual with a disability'', ``rehabilitation
technology'' and ``rehabilitation engineering'', and ``research
utilization''. The NPRM further reflects new statements in the statute
about the purpose of each of the programs and the activities authorized
within them.
These proposed regulations in Sec. 350.21 implement Section
21(b)(6) of the Act, which states that all applicants must address the
needs of individuals with disabilities from minority backgrounds. They
also include suggestions for ways to meet this requirement, and
incorporate attention to needs of minorities with disabilities into the
selection criteria for each of the four programs addressed in this
NPRM. The NPRM in Sec. 350.41 reflects the new statutory requirement in
Section 20 of the Act that all funded projects must make applicants for
or recipients of vocational rehabilitation services and their families
aware of the Client Assistance Program in their States.
These proposed regulations in Secs. 352.33 and 353.33 also 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 NPRM 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 301(i) of the current law and regulations
by describing the context in which transmittal of these applications
would be appropriate.
These proposed regulations in Secs. 352.40 and 353.40 state that
each RRTC and RERC 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 would extend the new statutory requirement in Section
204(b)(3)(D)(II) of the Act--that certain types of RERCs must have such
advisory boards--to all RERCs and RRTCs. The Secretary has determined
that most RRTCs and RERCs have advisory boards that meet or approach
meeting this requirement. It should not be a hardship for the remaining
centers to meet this requirement. The overwhelming importance of
involving the Department's constituents--in this case, individuals with
disabilities and their families or representatives--in activities
supported by the Department makes this requirement imperative.
These proposed regulations support the National Education Goals,
particularly National Education Goal 5, which calls for every adult
American to be literate and to possess the skills necessary to compete
in a global economy and exercise the rights and responsibilities of
citizenship.
Executive Order 12866
1. Assessment of Costs and Benefits
These proposed 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 proposed regulations are
those resulting from statutory requirements and those determined to be
necessary for administering this program effectively and efficiently.
Burdens specifically associated with information collection
requirements, if any, are identified and explained elsewhere in this
preamble under the heading Paperwork Reduction Act of 1980.
In assessing the potential costs and benefits--both quantitative
and qualitative--of the proposed regulations, the Secretary has
determined that the benefits of the proposed 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.
To assist the Department in complying with the specific
requirements of Executive Order 12866, the Secretary invites comments
on whether there may be further opportunities to reduce any potential
costs or increase potential benefits resulting from these proposed
regulations without impeding the effective and efficient administration
of the program.
2. Clarity of the regulations
Executive Order 12866 requires each agency to write regulations
that are easy to understand.
The Secretary invites comments on how to make these proposed
regulations easier to understand, including answers to questions such
as the following: (1) Are the requirements in the proposed regulations
clearly stated? (2) Do the regulations contain technical terms or other
wording that interferes with their clarity? (3) Does the format of the
regulations (grouping and order of sections, use of headings,
paragraphing, etc.) aid or reduce their clarity? Would the regulations
be easier to understand if they were divided into more (but shorter)
sections? (A ``section'' is preceded by the symbol ``Sec. '' and a
numbered heading; for example, Sec. 350.3 What regulations apply to
these programs?) (4) Is the description of the regulations in the
``Supplementary Information'' section of this preamble helpful in
understanding the regulations? How could this description be more
helpful in making regulations easier to understand? (5) What else could
the Department do to make the regulations easier to understand?
A copy of any comments that concern how the Department could make
these proposed regulations easier to understand should be sent to
Stanley M. Cohen, Regulations Quality Officer, U.S. Department of
Education, 400 Maryland Avenue SW., (Room 5125, FOB-6), Washington,
D.C. 20202-2241.
Regulatory Flexibility Act Certification
The Secretary certifies that these proposed regulations will not
have a significant economic impact on a substantial number of small
entities. The small entities that would be affected by 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.
Paperwork Reduction Act of 1980
Sections 350.20, 350.21, 350.34, 352.31, and 353.31 contain
information collection requirements. As required by the Paperwork
Reduction Act of 1980, the Department of Education will submit a copy
of these sections to the Office of Management and Budget (OMB) for its
review.
Public and private entities, including institutions of higher
education and Indian tribes and tribal organizations, are eligible to
apply for awards under these programs. The Department uses this
information to assist in making awards. The annual public reporting
burden for these programs is estimated to be 30 hours.
Organizations and individuals desiring to submit comments on the
information collection requirements should direct them to the Office of
Information and Regulatory Affairs, Room 3002, New Executive Office
Building, Washington, D.C.; Attention: Daniel J. Chenok.
Invitation to Comment
Interested persons are invited to submit comments and
recommendations regarding these proposed regulations.
All comments submitted in response to these proposed regulations
will be available for public inspection, during and after the comment
period, in Room 3431, Mary E. Switzer Building, 330 C Street, S.W.,
Washington, D.C., between the hours of 8:30 a.m. and 4:30 p.m., Monday
through Friday of each week except Federal holidays.
Assessment of Educational Impact
The Secretary particularly requests comments on whether the
proposed regulations in this document would 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.
(Catalog of Federal Domestic Assistance Number 84.133, National
Institute on Disability and Rehabilitation Research)
Dated: May 20, 1994.
Richard W. Riley,
Secretary of Education.
The Secretary proposes to amend Parts 350, 351, 352, and 353 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 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
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 is amended by revising the last two sentences of
paragraph (d)(2) read as follows:
Sec. 350.3 What regulations apply to these programs?
* * * * *
(d) * * *
(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.
If an IRB regularly reviews another vulnerable category of subjects,
such as children who do not have disabilities, prisoners, pregnant
women, or adults with disabilities, consideration must also be given to
the inclusion of one or more individuals who are knowledgeable about
the experience in working with these 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 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--
(a) Submit 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) Include 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.
(Authority: Secs. 204(c) and 306(i); 29 U.S.C. 762(c) and 766(a))
7. A new section 350.21 is added to read as follows:
Sec. 350.21 What is required of each applicant relative to individuals
with disabilities from minority backgrounds?
Each applicant for funding under these programs 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 and areas that include minority populations.
(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.
(g) An additional method or methods proposed by the applicant and
determined by the Secretary to meet this requirement.
(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 (a)(8),
(b)(5), and (c)(14); removing the word ``and'' at the end of paragraphs
(a)(6), (b)(3), and (c)(12); and removing the period and adding, in its
place, ``; and'' at the end of paragraphs (a)(7), (b)(4), and (c)(13)
to read as follows:
Sec. 350.34 What selection criteria does the Secretary use in
reviewing applications under parts 351, 354, or 355?
(a) * * *
(8) The project addresses the needs of individuals with
disabilities from minority backgrounds in a meaningful way.
(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.
* * * * *
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 section 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:
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) and adding a new paragraph (b)(10) 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 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;
(4) Other authorized representatives, advocates, and organizations
that provide information and support to individuals with disabilities
and their families; and
(5) Administrators, policymakers, and representatives of public and
private organizations whose activities affect the productivity,
independence, and community integration of individuals with
disabilities.
(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 and encouraged to
develop practical applications for the findings of their research.
(Authority: Sec. 204(b)(2)(A)(ii),(B)-(D), and (F)-(H); 29 U.S.C.
762(b)(2)(A)(ii), (B)-(D), and (F)-(H))
18. Section 352.31 is amended by adding paragraph (a)(4), revising
paragraph (c)(2)(iii) and adding (c)(2) (vi) and (vii) as follows:
Sec. 352.31 What selection criteria are used under this program?
* * * * *
(a) * * *
(4) The applicant demonstrates how the proposed activities of the
Center will address, in whole or in part, the rehabilitation needs of
individuals with disabilities from minority backgrounds and underserved
populations.
* * * * *
(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 individuals with disabilities and their family members,
advocates, and representatives, as well as to public and private
agencies, rehabilitation practitioners, service providers,
policymakers, and researchers; and
(vii) Dissemination of research findings and other materials in
appropriate formats and accessible media for use by individuals with
various disabilities.
* * * * *
(Authority: Secs. 21(b)(6), 202(e), and 204(b)(2); 29 U.S.C. 718
b(6), 761a(e), 761(a)(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 Section 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. A new section 352.41 is added to read as follows:
Sec. 352.41 What is the advisory committee requirement for a grantee
under this program?
A Rehabilitation Research and Training Center shall have an
advisory committee of which the majority of the members are individuals
with disabilities, or the parents, family members, guardians,
advocates, or authorized representatives of individuals with
disabilities.
(Authority: Sec. 204(b)(3)(D)(ii); 29 U.S.C. 762(a))
22. The title 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 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
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 to facilitate
service change in service delivery systems 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), 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 on the uses and resources for assistive technology to
individuals with disabilities and their parents, family members,
guardians, advocates, or authorized representatives;
(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 removing the word ``and'' at the
end of paragraph (a)(2), removing the period at the end of paragraph
(a)(3) and adding, in its place ``; and'', and adding a new paragraph
(a)(4); removing the word ``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'', and adding a new paragraph (c)(4); removing the word
``and'' at the end of paragraph (d)(7), removing the period at the end
of paragraph (d)(8) and adding, in its place ``; and'', and adding a
new paragraph (d)(9); and revising the authority citation to read as
follows:
Sec. 353.31 What selection criteria are used under this program?
(a) * * *
(4) The applicant addresses the needs of individuals with
disabilities from minority backgrounds in a meaningful way.
* * * * *
(c) * * *
(4) The applicant includes a plan 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.
(d) * * *
(9) The plan for operating the Center includes an advisory
committee of which the majority of the members are individuals with
disabilities who are users of rehabilitation technology or the family
members or authorized representatives of such individuals.
(Authority: Secs. 21(b)(6), 202(e), 204(b)(3) (C) and (D)(ii); 29
U.S.C. 718(b)(6) and 762(b)(3) (C) and (D)(ii))
28. A new Section 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 section 353.40 is added to read as follows:
Sec. 353.40 What is the advisory committee requirement for a grantee
under this program?
(a) A Rehabilitation Engineering Research Center shall have an
advisory committee the majority of the members of which 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.
(b) 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.
(c) 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: Secs. 204(b)(3)(D)(ii) and (G); 29 U.S.C.
762(b)(3)(D)(ii) and (G))
[FR Doc. 94-19435 Filed 8-9-94; 8:45 am]
BILLING CODE 4000-01-P
