[Federal Register Volume 59, Number 198 (Friday, October 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25362]
[[Page Unknown]]
[Federal Register: October 14, 1994]
_______________________________________________________________________
Part II
Department of Education
_______________________________________________________________________
34 CFR Part 396
Training of Interpreters for Individuals Who Are Deaf and Individuals
Who Are Deaf-Blind; Final Rule
DEPARTMENT OF EDUCATION
34 CFR Part 396
RIN 1820-AB25
Training of Interpreters for Individuals Who Are Deaf and
Individuals Who Are Deaf-Blind
AGENCY: Department of Education.
ACTION: Final regulations.
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SUMMARY: The regulations are needed to implement changes made to the
program for training of interpreters for individuals who are deaf or
individuals who are deaf-blind by the Rehabilitation Act Amendments of
1992. The purpose of this discretionary grant program is to assist in
providing a sufficient number of skilled interpreters throughout the
country for employment in public and private agencies, schools, and
other service-providing institutions to meet the communication needs of
individuals who are deaf and individuals who are deaf-blind by (1)
training manual, tactile, oral, and cued speech interpreters; (2)
ensuring the maintenance of the skills of interpreters engaged in
programs serving individuals who are deaf and individuals who are deaf-
blind; and (3) providing opportunities for interpreters to raise their
level of competence.
EFFECTIVE DATE: These regulations take effect either 45 days after
publication in the Federal Register or later if the Congress takes
certain adjournments. If you want to know the effective date of these
regulations, call or write the Department of Education contact person.
A document announcing the effective date will be published in the
Federal Register.
FOR FURTHER INFORMATION CONTACT: Victor Galloway, U.S. Department of
Education, 600 Independence Avenue, S.W., Room 3228, Switzer Building,
Washington, D.C. 20202-2736. Telephone: (202) 205-9152. Individuals who
use a telecommunications device for the deaf (TDD) may call the TDD
number at (202) 205-8352.
SUPPLEMENTARY INFORMATION: The Training of Interpreters for Individuals
Who Are Deaf and Individuals Who Are Deaf-Blind program is authorized
by section 302(f) of the Rehabilitation Act of 1973, as amended (the
Act). These regulations implement the changes to this program made by
the Rehabilitation Act Amendments of 1992, Pub. L. 102-569, enacted
October 29, 1992.
On February 18, 1994, the Secretary published a notice of proposed
rulemaking (NPRM) for this program in the Federal Register (59 FR
8350). The principal change made by these regulations is an expansion
of the purpose and scope of the program to include a requirement that
each funded project train interpreters for ``individuals who are deaf-
blind'' as well as interpreters for ``individuals who are deaf.'' Each
project has the discretion, however, to propose to provide training for
interpreters for these two disability populations to the extent, and in
the specific communication modes, appropriate to the needs of these
populations in the geographical area to be served by the project.
The Secretary makes additional changes to the current regulations
by adding definitions of the terms ``individual who is deaf-blind,''
``individual who is deaf,'' ``interpreter for individuals who are deaf-
blind,'' and ``qualified professional,'' as used in the definitions of
``interpreter for individuals who are deaf'' and ``interpreter for
individuals who are deaf-blind.'' The regulations also amend existing
definitions of the terms ``interpreter for individuals who are deaf''
and ``existing program that has demonstrated its capacity for providing
interpreter training services.''
The definition of ``individual who is deaf-blind'' is drawn from
the Helen Keller National Center Act. The definition of ``individual
who is deaf'' is derived from the Model State Plan for Rehabilitation
of Individuals Who Are Deaf and Hard of Hearing (1990, University of
Arkansas). The definition of ``interpreter for individuals who are
deaf-blind'' was developed by the Department in the absence of any
existing statutory or other authoritative definition.
The general rehabilitation training regulations in 34 CFR Part 385
that are referenced in these regulations in Sec. 396.3(c) and made
applicable to this program were revised in the final regulations
implementing technical amendments made by the Rehabilitation Act
Amendments of 1992 and 1993 published in the Federal Register on
February 18, 1994 (59 FR 8330).
This 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.
Major differences between the NPRM and these final regulations are
to (1) clarify that each project must train both new and working
interpreters and must cooperate with or coordinate its activities with
other projects funded under this program, as appropriate; (2) provide
in the definitions of ``interpreter for individuals who are deaf'' and
``interpreter for individuals who are deaf-blind'' for the use of the
appropriate mode of communication for individuals receiving interpreter
services; and (3) clarify that grants of regional or national scope may
be made to best carry out the program purpose.
Analysis of Comments and Changes
In response to the Secretary's invitation in the NPRM, 17 parties
submitted comments on the regulations. An analysis of the comments and
of the changes in the regulations since publication of the NPRM
follows.
Substantive issues are discussed under the section of the
regulations to which they pertain. Technical and other minor changes--
and suggested changes the Secretary is not legally authorized to make
under the applicable statutory authority--are not addressed.
Section 396.1--What is the Training of Interpreters for Individuals Who
Are Deaf and Individuals Who Are Deaf-Blind program?
Comments: Several commenters suggested that the regulations should
be flexible enough to permit each funded project to determine the
extent of the need respectively for training interpreters for
individuals who are deaf and interpreters for individuals who are deaf-
blind in the geographic area to be served by the project and the
particular training approaches to be employed in preparing interpreters
for each population.
Discussion: The statute requires that each funded project train
both interpreters for individuals who are deaf-blind and interpreters
for individuals who are deaf. The regulations allow for each project to
determine the extent to which a project focuses on each population and
the particular communication modes it employs in its interpreter
training program as long as these decisions are based on the needs of
these two populations in the geographic area to be served by the
project. Therefore, no change is necessary.
Changes: None.
Comments: Several commenters suggested that the regulations clearly
require projects to train new interpreters as well as help maintain or
upgrade the skills of existing interpreters. Otherwise, these
commenters believed the underlying problem of interpreter shortage
would not be addressed.
Discussion: Section 302(f) of the Act states that the purpose of
this program is to train a sufficient number of interpreters to meet
the communication needs of individuals who are deaf and individuals who
are deaf-blind. Section 396.1 of the regulations (program purpose)
provides for this to be accomplished by training new interpreters as
well maintaining the skills of existing interpreters and providing
opportunities for them to raise their levels of competence. The
Secretary believes that additional clarification would be helpful in
the regulations on authorized project activities to make it absolutely
clear that projects must train both new and working interpreters.
Changes: Section 396.5 has been amended to clarify that all
projects must provide training to both persons preparing to serve, and
persons already serving, as interpreters.
Comments: One commenter suggested that the regulations authorize
training of interpreters for non-verbal individuals.
Discussion: If the phrase ``non-verbal'' refers to individuals who
are not deaf or deaf-blind, program funds cannot be used to train
interpreters for these individuals. These individuals might, however,
benefit from the services of interpreters trained under this program.
Changes: None.
Section 396.4--What definitions apply?
Comments: One commenter suggested adding language to the definition
of ``individual who is deaf'' to specify that a hearing loss may be
present at birth or sustained later in life.
Discussion: The essential element of this definition is to describe
an individual who, because of a severe hearing loss, relies primarily
upon visual modes to communicate. How or when the individual sustained
the hearing loss is irrelevant to the definition.
Changes: None.
Comments: One commenter suggested adding language to both the
definition of ``interpreter for individuals who are deaf'' and the
definition of ``interpreter for individuals who are deaf-blind'' to
provide that the interpreter must use the mode of communication that is
most appropriate for the individuals receiving interpreter services.
Discussion: The Secretary agrees that this provision should be
added to both definitions to underscore the need for interpreter
services, like all rehabilitation services, to be tailored to the needs
of service recipients.
Changes: The phrase ``as appropriate to the needs of individuals. .
.'' has been added to the two definitions.
Comments: One commenter questioned if the intent of the definition
of ``qualified professional'' is to establish an equivalency between
meeting national or State certification exams and having interpreting
skills on the basis of prior work experience.
Discussion: The definition contains two measures of ``qualified
professional.'' To be qualified, an interpreter must meet one of them.
An interpreter must meet either the criterion for any existing national
or State certification or evaluation requirements or have comparable
interpreting skills as a result of work experience. The regulations do
not intend to establish a relationship between the two measures.
Changes: None.
Section 396.5--What activities may the Secretary fund?
Comments: One commenter suggested that current projects should move
away from the use of individual workshops as a training approach and
instead offer a series of courses on specific topics or provide support
to existing degree programs. Another commenter suggested development of
a mentorship program as part of the training curriculum.
Discussion: The regulations do not restrict the flexibility of
projects to use whatever training methods they consider best to
accomplish project objectives. An applicant's proposed training
activities are addressed in Secs. 396.20(a) and 396.31(g) of the
regulations and are assessed during the application review process.
Changes: None.
Comments: One commenter suggested that the regulations address the
need for better trained faculty to train interpreters and for
curriculum development.
Discussion: The Secretary recognizes the need for better faculty
development and training and for curriculum development and has
published in the Federal Register on September 6, 1994 (59 FR 46118) a
proposed funding priority under this program to address these needs.
Changes: None.
Section 396.20--What must be included in an application?
Comments: One commenter suggested including a provision requiring
coordination or cooperation between projects funded under this program,
as appropriate.
Discussion: The Secretary agrees with this comment.
Changes: Section 396.20 of the regulations on application content
has been amended to add a new paragraph (e) that requires an assurance
from each applicant that it will cooperate or coordinate its activities
with other projects under this program, as appropriate.
Comments: Two commenters expressed concern that the regulations
failed to address the recruitment of minorities for careers as
interpreters.
Discussion: Section 21 of the Rehabilitation Act, as amended,
requires that each applicant for a grant under the Act demonstrate in
its application how it will address the needs of individuals with
disabilities from minority backgrounds. Section 302(a)(5) of the Act
requires each applicant for a training grant under the Act to provide a
description of its strategies for recruiting and training increased
numbers of individuals with disabilities and minorities to provide
rehabilitation services. These requirements are implemented in the
general training regulations in 34 CFR 385.45 and are made applicable
to this program in Sec. 396.3(c)(4).
Changes: None.
Section 396.31--What selection criteria does the Secretary use?
Comments: One commenter suggested including a requirement for a
degree program to have a mechanism for ongoing evaluation of its own
program, separate from the evaluation plan required under this program.
Discussion: The Secretary feels that the existing evaluation plan
meets the need of this program. An applicant has the discretion to
include additional evaluation mechanisms.
Changes: None.
Comments: Several commenters suggested that the selection criteria
should favor programs with faculty who have particular expertise in
interpreter training, including academic credentials and teaching
experience, and that have sufficient and appropriate equipment and
supplies, including library and laboratory facilities.
Discussion: The Secretary reviews each application to determine the
qualifications of the key personnel proposed for the project and the
adequacy of the resources the applicant plans to devote to the project,
in accordance with Secs. 396.31(c) and 396.31(f) of the regulations.
The Secretary does not believe the regulations should be more specific
in these areas.
Changes: None.
Section 396.33--What priorities does the Secretary apply in making
awards?
Comments: Several commenters suggested that the regulations state a
preference for baccalaureate and master degree programs in interpreting
and that a priority in funding should be given to existing programs
instead of establishing new programs.
Discussion: The Secretary does not believe that it is desirable to
establish in these regulations a preference for a particular kind of
interpreter training program, such as baccalaureate or master degree
programs. If the Secretary determines that these training needs must be
addressed, a funding priority can be established.
Section 302(f)(1) of the Act mandates that priority be given to
public or private nonprofit agencies or organizations with existing
programs that have demonstrated their capacity for providing
interpreter training services, and this priority is implemented in
Sec. 396.33 of the regulations.
Changes: None.
Intergovernmental Review
This program is subject to the requirements of Executive Order
12372 and the regulations in 34 CFR Part 79. The objective of the
Executive order is to foster an intergovernmental partnership and
strengthened federalism by relying on processes developed by State and
local governments for coordination and review of proposed Federal
financial assistance.
In accordance with the order, this document is intended to provide
early notification of the Department's specific plans and actions for
this program.
Assessment of Educational Impact
In the notice of proposed rulemaking, 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 in 34 CFR Part 386
Education, Grant programs--education, Vocational rehabilitation,
Training, Reporting and recordkeeping requirements.
(Catalog of Federal Domestic Assistance Number 84.160 Training of
Interpreters for Individuals Who Are Deaf and Individuals Who Are
Deaf-Blind)
Dated: October 7, 1994.
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services.
The Secretary amends Title 34 of the Code of Federal Regulations by
revising Part 396 to read as follows:
PART 396--TRAINING OF INTERPRETERS FOR INDIVIDUALS WHO ARE DEAF AND
INDIVIDUALS WHO ARE DEAF-BLIND
Subpart A--General
Sec.
396.1 What is the Training of Interpreters for Individuals Who Are
Deaf and Individuals Who Are Deaf-Blind Program?
396.2 Who is eligible for an award?
396.3 What regulations apply?
396.4 What definitions apply?
396.5 What activities may the Secretary fund?
Subpart B--[Reserved]
Subpart C--How Does One Apply for an Award?
396.20 What must be included in an application?
Subpart D--How Does the Secretary Make an Award?
396.30 How does the Secretary evaluate an application?
396.31 What selection criteria does the Secretary use?
396.32 What additional factors does the Secretary consider in
making awards?
396.33 What priorities does the Secretary apply in making awards?
Authority: 29 U.S.C. 771a(f), unless otherwise noted.
Subpart A--General
Sec. 396.1 What is the Training of Interpreters for Individuals Who
Are Deaf and Individuals Who Are Deaf-Blind program?
The Training of Interpreters for Individuals Who Are Deaf and
Individuals Who Are Deaf-Blind program is designed to establish
interpreter training programs or to assist ongoing programs to train a
sufficient number of skilled interpreters throughout the country in
order to meet the communication needs of individuals who are deaf and
individuals who are deaf-blind by--
(a) Training manual, tactile, oral, and cued speech interpreters;
(b) Ensuring the maintenance of the skills of interpreters; and
(c) Providing opportunities for interpreters to raise their level
of competence.
(Authority: 29 U.S.C. 771a(f))
Sec. 396.2 Who is eligible for an award?
Public and private nonprofit agencies and organizations, including
institutions of higher education, are eligible for assistance under
this program.
(Authority: 29 U.S.C. 771a(f))
Sec. 396.3 What regulations apply?
The following regulations apply to the Training of Interpreters for
Individuals Who Are Deaf and Individuals Who Are Deaf-Blind program:
(a) The Education Department General Administrative Regulations
(EDGAR) as follows:
(1) 34 CFR Part 74 (Administration of Grants to Institutions of
Higher Education, Hospitals, and Nonprofit Organizations).
(2) 34 CFR Part 75 (Direct Grant Programs).
(3) 34 CFR Part 77 (Definitions That Apply to Department
Regulations).
(4) 34 CFR Part 79 (Intergovernmental Review of Department of
Education Programs and Activities).
(5) 34 CFR Part 80 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments).
(6) 34 CFR Part 81 (General Education Provisions Act--Enforcement).
(7) 34 CFR Part 82 (New Restrictions on Lobbying).
(8) 34 CFR Part 85 (Government Debarment and Suspension
(Nonprocurement) and Governmentwide Requirements for Drug-Free
Workplace (Grants)).
(9) 34 CFR Part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this Part 396.
(c) The following regulations in 34 CFR Part 385:
(1) Section 385.32.
(2) Section 385.40.
(3) Section 385.44.
(4) Section 385.45.
(5) Section 385.46.
(Authority: 29 U.S.C. 771a(f))
Sec. 396.4 What definitions apply?
(a) Definitions in EDGAR. The following terms defined in 34 CFR
77.1 apply to this part:
Applicant
Application
Award
Equipment
Grant
Nonprofit
Private
Project
Public
Secretary
Supplies
(b) Definitions in the Rehabilitation Training regulations. The
following terms defined in 34 CFR 385.4(b) apply to this part:
Individual With a Disability
Institution of Higher Education
(c) Other Definitions. The following definitions also apply to this
part:
Existing program that has demonstrated its capacity for providing
interpreter training services means an established program with--
(1) A record of training interpreters who are serving the deaf and
deaf-blind communities; and
(2) An established curriculum that is suitable for training
interpreters.
Individual who is deaf means an individual who has a hearing
impairment of such severity that the individual must depend primarily
upon visual modes, such as sign language, lip reading, and gestures, or
reading and writing to facilitate communication.
Individual who is deaf-blind means an individual--
(1)(i) Who has a central visual acuity of 20/200 or less in the
better eye with corrective lenses, or a field defect such that the
peripheral diameter of visual field subtends an angular distance no
greater than 20 degrees, or a progressive visual loss having a
prognosis leading to one or both of these conditions;
(ii) Who has a chronic hearing impairment so severe that most
speech cannot be understood with optimum amplification, or a
progressive hearing loss having a prognosis leading to this condition;
and
(iii) For whom the combination of impairments described in
paragraphs (1)(i) and (ii) of this definition causes extreme difficulty
in attaining independence in daily life activities, achieving
psychosocial adjustment, or obtaining a vocation;
(2) Who, despite the inability to be measured accurately for
hearing and vision loss due to cognitive or behavioral constraints, or
both, can be determined through functional and performance assessment
to have severe hearing and visual disabilities that cause extreme
difficulty in attaining independence in daily life activities,
achieving psychosocial adjustment, or obtaining vocational objectives;
or
(3) Who meets any other requirements that the Secretary may
prescribe.
Interpreter for individuals who are deaf means a qualified
professional who uses sign language skills, cued speech, or oral
interpreting skills, as appropriate to the needs of individuals who are
deaf, to facilitate communication between individuals who are deaf and
other individuals.
Interpreter for individuals who are deaf-blind means a qualified
professional who uses tactile or other manual language or
fingerspelling modes, as appropriate to the needs of individuals who
are deaf-blind, to facilitate communication between individuals who are
deaf-blind and other individuals.
Qualified professional means an individual who has either--
(1) Met existing national or state certification or evaluation
requirements; or
(2) Successfully demonstrated equivalent interpreting skills
through prior work experience.
(Authority: 29 U.S.C. 711(c) and 771a(f); 29 U.S.C 1905)
Sec. 396.5 What activities may the Secretary fund?
The Secretary provides assistance for projects that provide
training in interpreting skills for persons preparing to serve, and
persons who are already serving, as interpreters for individuals who
are deaf and as interpreters for individuals who are deaf-blind in
public and private agencies, schools, and other service-providing
institutions.
(Authority: 29 U.S.C. 771a(f))
Subpart B--[Reserved]
Subpart C--How Does One Apply for an Award?
Sec. 396.20 What must be included in an application?
Each applicant shall include in the application--
(a) A description of the manner in which the proposed interpreter
training program will be developed and operated during the five-year
period following the award of the grant;
(b) A description of the geographical area to be served by the
project;
(c) A description of the applicant's capacity or potential for
providing training for interpreters for individuals who are deaf and
interpreters for individuals who are deaf-blind;
(d) An assurance that any interpreter trained or retrained under
this program shall meet any minimum standards of competency that the
Secretary may establish;
(e) An assurance that the project shall cooperate or coordinate its
activities, as appropriate, with the activities of other projects
funded under this program; and
(f) The descriptions required in 34 CFR 385.45 with regard to the
training of individuals with disabilities, including those from
minority groups, for rehabilitation careers.
(Approved by the Office of Management and Budget under control
number 1820-0018.)
(Authority: 29 U.S.C. 718b(b)(6), 777a(a)(5), and 771a(f))
Subpart D--How Does the Secretary Make an Award?
Sec. 396.30 How does the Secretary evaluate an application?
(a) The Secretary evaluates an application on the basis of the
criteria in Sec. 396.31.
(b) The Secretary awards up to 100 points for these criteria.
(c) The maximum possible score for each criterion is indicated in
parentheses.
(Authority: 29 U.S.C. 771a(f))
Sec. 396.31 What selection criteria does the Secretary use?
The Secretary uses the following criteria to evaluate an
application:
(a) Extent of need for the project. (10 points) The Secretary
reviews each application to determine whether there is a shortage of
interpreters in the geographical area to be served by the proposed
project and the extent to which the project addresses the shortage.
(b) Plan of operation. (20 points) The Secretary evaluates each
application on the basis of the criterion in Sec. 385.32(a).
(c) Quality of key personnel. (20 points) The Secretary evaluates
each application on the basis of the criterion in Sec. 385.32(b).
(d) Budget and cost effectiveness. (10 points) The Secretary
evaluates each application on the basis of the criterion in
Sec. 385.32(c).
(e) Evaluation plan. (5 points) The Secretary evaluates each
application on the basis of the criterion in Sec. 385.32(d).
(f) Adequacy of resources. (5 points) The Secretary evaluates each
application on the basis of the criterion in Sec. 385.32(e).
(g) Technical and programmatic soundness. (10 points) The Secretary
reviews each application to determine if--
(1) The training activities described in the application reflect
practices of professional soundness and efficacy or new and innovative
activities that may reasonably be expected to result in the training of
interpreters who will display a high level of skill;
(2) The training includes a practicum, or field experience, with
potential employers of interpreters; and
(3) There appear to be no substantial obstacles to carrying out the
activities described in the application.
(h) Specialized capabilities of the applicant. (10 points) The
Secretary reviews each application to determine if the applicant has
the capacity for providing training for interpreters for individuals
who are deaf and interpreters for individuals who are deaf-blind. In
determining whether an applicant has that capacity, the Secretary
considers the adequacy of the experience of the applicant organization,
in addition to the experience of the staff described under paragraph
(c) of this section, in conducting activities that are similar, or have
significant relevance, to those proposed in the application.
(i) Demonstrated relationships with service providers and
consumers. (10 points) The Secretary reviews each application to
determine if--
(1) The proposed interpreter training project was developed in
consultation with service providers;
(2) The training is appropriate to the needs of both individuals
who are deaf and individuals who are deaf-blind and to the needs of
public and private agencies that provide services to either individuals
who are deaf or individuals who are deaf-blind in the geographical area
to be served by the training project;
(3) There is a working relationship between the interpreter
training project and service providers; and
(4) There are opportunities for individuals who are deaf and
individuals who are deaf-blind to be involved in the training project.
(Approved by the Office of Management and Budget under control
number 1820-0018.)
(Authority: 29 U.S.C. 771a(f))
Sec. 396.32 What additional factors does the Secretary consider in
making awards?
In addition to the selection criteria listed in Sec. 396.31, the
Secretary, in making awards under this part, considers the geographical
distribution of projects throughout the country, as appropriate, in
order to best carry out the purposes of this program. To accomplish
this, the Secretary may in any fiscal year make awards of regional or
national scope.
(Authority: 29 U.S.C. 771a(f))
Sec. 396.33 What priorities does the Secretary apply in making awards?
The Secretary, in making awards under this part, gives priority to
public or private nonprofit agencies or organizations with existing
programs that have demonstrated their capacity for providing
interpreter training services.
(Authority: 29 U.S.C. 771a(f))
[FR Doc. 94-25362 Filed 10-13-94; 8:45 am]
BILLING CODE 4000-01-P
