State Vocational Rehabilitation Unit In-Service Training; Notice Inviting Applications for New Awards for Fiscal Year (FY) 1994

Federal RegisterJul 6, 1994

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DEPARTMENT OF EDUCATION

[CFDA No: 84.265]

State Vocational Rehabilitation Unit In-Service Training; Notice

Inviting Applications for New Awards for Fiscal Year (FY) 1994

Purpose of Program

This program is designed to support projects for training State

vocational rehabilitation unit personnel in program areas essential to

the effective management of the unit's program of vocational

rehabilitation services or in skill areas that will enable personnel to

improve their ability to provide vocational rehabilitation services

leading to employment outcomes for individuals with disabilities. The

State Vocational Rehabilitation Unit In-Service Training program

responds to needs identified in the comprehensive system of personnel

development in section 101(a)(7) of the Act. The program may include

training designed (a) to address recruitment and retention of qualified

rehabilitation professionals; (b) to provide for succession planning;

(c) to provide for leadership development and capacity building; and

(d) for fiscal year 1994, to provide training on the amendments to the

Rehabilitation Act of 1973 made by the Rehabilitation Act Amendments of

1992.

Eligible Applicants: Only State agencies designated under a State

plan for vocational rehabilitation services under section 101(a) of the

Rehabilitation Act of 1973, as amended, are eligible to receive an

award under this program.

Deadline for Transmittal of Applications: August 8, 1994

Deadline for Intergovernmental Review: September 7, 1994

Applications Available: July 7, 1994

Available Funds: $5,944,350, of which $4,755,480 is available for

allocation to designated agencies for basic awards and $1,188,870 is

available for allocation to high quality applications. (Specific

information regarding funds available to be allocated to designated

State agencies for basic awards appears in the chart in this notice.)

Estimated Range of Awards: $19,795--$300,680.

Estimated Average Size of Awards: $73,387.

Estimated Number of Awards: 81.

Note: The Department is not bound by any estimate in this

notice.

Project Period: Up to 36 months.

Applicable Regulations: (a) The Education Department General

Administrative Regulations (EDGAR) in 34 CFR Parts 75, 77, 79, 80, 81,

82, and 85; and (b) The regulations for this program in 34 CFR Part

388; and (c) Secs. 385.4 and 385.40 through 385.46 of 34 CFR Part 385.

Priorities

Under 34 CFR 75.105(c)(3) and proposed Sec. 385.22(a) the Secretary

reserves funds to support some or all of the proposals that have been

awarded a rating of 80 points or more under the criteria described in

proposed Sec. 388.20. In making a final selection of proposals to

support under this program, the Secretary considers the extent to which

proposals have exceeded a rating of 80 points and address one or more

of the following absolute priorities:

(1) Development and Dissemination of Model In-Service Training

Materials and Practices

The proposed project demonstrates an effective plan to develop and

disseminate information on its State Vocational Rehabilitation In-

Service Training program, including the identification of training

approaches and successful practices, in order to permit the replication

of these programs by other State vocational rehabilitation units.

(2) Distance Education

The proposed project demonstrates innovative strategies for

training State vocational rehabilitation unit personnel through

distance education methods, such as interactive audio, video, computer

technologies, or existing telecommunications networks.

(3) Enhanced Employment Outcomes for Specific Populations

The proposed project supports specialized training in the provision

of vocational rehabilitation or related services to individuals with

disabilities to increase the rehabilitation rate into competitive

employment for all individuals or specified target groups.

It is the policy of the Department of Education not to solicit

applications before the publication of final regulations. However, in

this case, it is essential to solicit applications on the basis of the

notice of proposed rulemaking, published in the Federal Register on May

9, 1994 (59 FR 24000), because the Department's authority to obligate

these funds will expire on September 30, 1994.

The comment period for the notice of proposed rulemaking ended June

8, 1994. Sixteen parties submitted comments on the proposed

regulations. The following is a summary of the changes that are

expected to be made in the final regulations that are currently

undergoing review, based on the public comment.

Five commenters suggested deleting Sec. 388.21(a)(4), which

provides a minimum share of not less than one-eighth of one percent of

the amounts made available to Guam, American Samoa, the Virgin Islands,

the Commonwealth of the Northern Mariana Islands, and the Republic of

Palau. The commenters believe agencies in the territories, some of

which have as many employees as small designated State agencies, should

receive the same minimum share of not less than one-third of one

percent of the amounts made available for the fiscal year as provided

in Sec. 388.21(a)(3) to small agencies. The Secretary agrees that the

same minimum share provided to small designated State agencies is

appropriate for the specified territories. The Secretary also notes

that the territories are eligible to compete for the remaining funds to

be allocated based on the quality of the application as determined by

competitive reviews conducted by the Department using the selection

criteria in Sec. 388.20 and the priorities in Sec. 388.22. The

Secretary expects to revise Sec. 388.21(a) by deleting paragraph (4) so

that all grant recipients receive the same minimum share of the sums

made available for the fiscal year. A revision of Sec. 388.30, deleting

paragraph (c), which provides special matching considerations for the

territories, is also expected to be made in the final regulations.

Two commenters requested definitions for the terms ``succession

planning'' and ``capacity building'' used in Sec. 388.1. The Secretary

notes that these terms are found in the statute, but are optional for

State agencies to address in their in-service training. There are

alternative ways to address these terms, and the Secretary prefers not

to define them, thus leaving the widest possible discretion to State

agencies. No change is expected to be made in the final regulations.

Three commenters addressed the requirement in

Sec. 388.20(a)(2)(iii) for an annual needs assessment of in-service

training needs. The commenters believe an annual assessment is not

necessary and recommend a comprehensive needs assessment every three

years and a less comprehensive review annually. The Secretary agrees

that a comprehensive assessment is not needed annually. A revision of

Sec. 388.20(a)(2)(iii), deleting the word ``annual,'' is expected to be

made in the final regulations.

Three commenters noted that the regulations do not specify the

length of projects. Recommendations of project periods of 36 and 60

months were made. The Secretary notes that regulations usually do not

specify project duration and instead leave flexibility for the

Secretary to determine an appropriate project period each time a

competition is announced. This notice solicits applications for a 36-

month period. No change is expected to be made in the final

regulations.

A commenter asked that the phrase ``in connection with a distance

learning training course'' be dropped from the description of allowable

telecommunications and technology fees in Sec. 388.31(d). The Secretary

agrees that distance learning may include valuable in-service training

activities, such as a lecture or technology demonstration, that are not

part of a training course. The Secretary expects to revise

Sec. 388.31(d) by deleting the words ``in connection with a distance

learning training course.''

A commenter noted that it was an unnecessary limitation to require

that distance education for rehabilitation workers be at their job

sites as stated in Sec. 388.22(b)(2). The commenter noted that it may

be necessary or efficient for an agency to gather a group of employees

at a central location removed from individual offices for distance

education. The Secretary agrees that there is no compelling reason to

require in this priority that training occur at an individual job site.

The Secretary expects to revise Sec. 388.22(b)(2) by deleting the words

``at their job sites.''

A commenter requested clarification of the heading for

Sec. 388.22(b)(3), which refers to ``specific populations'' although

the text that follows refers to ``all individuals or specified

groups.'' The Secretary believes that it is up to the State agency to

determine whether in-service training to improve employment outcomes

will be targeted narrowly or broadly. Activities directed to improving

employment outcomes for all population groups or for a specific target

group are permitted under this priority. No change is expected to be

made in the final regulations.

A commenter observed that the NPRM retains most of the language in

the current regulations and does not accurately reflect the

Rehabilitation Act Amendments of 1992 (the 1992 Amendments),

particularly provisions related to State and strategic plans. The

Secretary believes that extensive changes have been proposed in the

current regulations and is confident that all requirements in the 1992

Amendments have been implemented. No change is expected to be made in

the final regulations.

Two commenters supported reserving a portion of funds for

priorities, but believe this reserve should be divided between

priorities based on need and priorities based on responsiveness or

quality of the application and innovative approaches. The Secretary

believes that the three priorities listed in the proposed regulations

address significant needs of State agencies and that no further

division of the priorities into categories is needed. No change is

expected to be made in the final regulations.

Four commenters objected to the proposed formula in Sec. 388.21

whereby 80 percent of the funds available would be distributed based on

the number of staff and 20 percent of the funds available would be

distributed based on quality. They believe that the split penalizes

States with small populations with limited capacity to write grants. In

the commenters' view, the distribution does not take into account extra

travel costs in a State with a large geographic area, and a commenter

suggested increasing the small State agency minimum share. The

Secretary believes that the proposed formula maximizes the amount of

funds available for basic awards while ensuring that a reasonable

amount is available for small agencies and for the Secretary's

priorities. No change is expected to be made in the final regulations.

A commenter recommended dropping the priority in Sec. 388.22(b)(2)

for distance education on the grounds that there is no evidence that

distance education produces better results at less cost. The Secretary

believes that distance education is needed in some States and wants to

ensure that a mechanism exists to demonstrate innovative approaches to

learning. No change is expected to be made in the final regulations.

Two commenters recommended deleting Sec. 388.20(f)(1)(ii) of the

evaluation selection criteria that would judge in-service training

outcomes by the extent to which training results in improved individual

competency through licensure, certification, or award of academic

degrees or certificates. The commenters believe in-service training to

be short-term and job-based; therefore, reference to improved

individual competency through degree-based programs should be dropped.

The Secretary believes that, in response to the need to increase the

number of qualified rehabilitation personnel, academic outcomes must be

included among the measures of in-service training programs. No change

is expected to be made in the final regulations.

Three commenters observed that reviewers for in-service proposals

should be well qualified, represent diverse populations, and be

identified by name and program affiliation after the review is

completed. They commented that all applicants should receive reviewer

comments. The Secretary agrees that reviewers must be qualified and

representative of the diverse populations and agencies assisted through

in-service training. The Secretary does make summary information

available on characteristics of reviewers but believes the specific

reviewers of proposals should remain anonymous. All applicants are

provided with the reviewer comments on their applications when the

review is completed. No change is expected to be made in the final

regulations.

A commenter noted that Sec. 388.21 does not state what the minimum

score is that an applicant must receive in order for its application to

be approved by the Secretary or how it is to be computed. In order to

make funding decisions, the Secretary will set a minimum score for each

competition after all applications have been reviewed. The minimum

score will be computed through an analysis of all reviewed applications

to determine those that are in the fundable range. No change is

expected to be made in the final regulations.

A commenter observed that Sec. 388.1 should be revised, and the

regulations changed throughout, to emphasize human resource development

in place of training. Peer reviewers should be oriented to human

resource development prior to their service as reviewers. The Secretary

agrees that the term human resource development is descriptive of many

appropriate activities under this program. However, the Rehabilitation

Act of 1973, as amended, uses the term ``in-service training,'' so that

term is used in the regulations. No change is expected to be made in

the final regulations.

Regarding Sec. 388.22, which sets the Secretary's priorities, a

commenter asked if an application that addresses issues or activities

other than the three priorities listed can be eligible for quality

funds. The Secretary responds that only applications that respond to

the priorities already identified by the Secretary in the regulations

for this program or priorities established through future rulemaking

will be considered when allocating the quality funds. No change is

expected to be made in the final regulations.

Applicants should prepare their applications based on the proposed

regulations, as modified by the expected changes contained in this

notice. If additional changes are made in the final regulations that

are currently undergoing review, applicants will be given the

opportunity to revise or resubmit their applications.

For Applications or Information Contact: Richard Melia, U.S.

Department of Education, 400 Maryland Avenue, S.W., Room 3324 Switzer

Building, Washington, D.C. 20202-2649. Telephone (202) 205-9400.

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.

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. 770 and 771a.

Dated: June 30, 1994.

Judith E. Heumann,

Assistant Secretary for Special Education and Rehabilitative Services.

Funds Available for Basic Awards Under Sec. 388.21

------------------------------------------------------------------------

State Agency Amount

------------------------------------------------------------------------

AL......................................................... $97,738

AK......................................................... 19,795

AZ......................................................... 70,830

AR......................................................... 95,655

AR--Blind.................................................. 19,795

CA......................................................... 300,680

CO......................................................... 39,929

CT......................................................... 30,901

CT--Blind.................................................. 19,795

DE......................................................... 19,795

DE--Blind.................................................. 19,795

FL......................................................... 167,527

FL--Blind.................................................. 38,713

GA......................................................... 152,597

HI......................................................... 19,795

ID......................................................... 21,353

ID--Blind.................................................. 19,795

IL......................................................... 148,083

IN......................................................... 65,275

IA......................................................... 48,956

IA--Blind.................................................. 19,795

KS......................................................... 51,213

KT......................................................... 81,246

KT--Blind.................................................. 19,795

LA......................................................... 85,760

ME......................................................... 23,263

MD......................................................... 88,855

MA......................................................... 99,648

MA--Blind.................................................. 20,138

MI......................................................... 120,133

MI--Blind.................................................. 19,795

MN......................................................... 65,101

MN--Blind.................................................. 19,795

MS......................................................... 90,447

MO......................................................... 57,115

MO--Blind.................................................. 19,795

MT......................................................... 19,795

NE......................................................... 27,256

NE--BLIND.................................................. 19,795

NV......................................................... 19,795

NH......................................................... 19,795

NJ......................................................... 55,900

NJ--Blind.................................................. 20,394

NM......................................................... 29,339

NM--Blind.................................................. 19,795

NY......................................................... 161,624

NY--Blind.................................................. 29,512

NC......................................................... 162,840

NC--Blind.................................................. 29,860

ND......................................................... 19,795

OH......................................................... 127,077

OK......................................................... 71,177

OR......................................................... 43,401

OR--Blind.................................................. 19,795

PA......................................................... 103,988

PA--Blind.................................................. 19,795

RI......................................................... 19,795

SC......................................................... 153,291

SC--Blind.................................................. 19,795

SD......................................................... 19,795

SD--Blind.................................................. 19,795

TN......................................................... 80,899

TX......................................................... 267,348

TX--Blind.................................................. 81,593

UT......................................................... 35,241

VT......................................................... 19,795

VT--Blind.................................................. 19,795

VA......................................................... 82,461

VA--Blind.................................................. 19,795

WA......................................................... 55,206

WA--Blind.................................................. 19,795

WV......................................................... 103,988

WI......................................................... 69,615

WY......................................................... 19,795

District of Columbia....................................... 30,033

Puerto Rico................................................ 199,817

American Samoa............................................. 19,795

Northern Mariania Islands.................................. 19,795

Guam....................................................... 19,795

Virgin Islands............................................. 19,795

Palau...................................................... 19,795

------------

4,755,480

------------------------------------------------------------------------

[FR Doc. 94-16286 Filed 7-5-94; 8:45 am]

BILLING CODE 4000-01-P

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