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

DEPARTMENT OF EDUCATION

[CFDA No. 84.177A]

Independent Living Services for Older Individuals Who Are Blind;

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

Purpose of Program

This program supports projects that--(1) provide independent living

services to older individuals who are blind; (2) conduct activities

that will improve or expand services for these individuals; and (3)

conduct activities to help improve public understanding of the problems

of these individuals. The Independent Living Services for Older

Individuals Who Are Blind program supports the National Education Goal

that, by the year 2000, every adult American will be literate and will

possess the knowledge and skills necessary to compete in a global

economy and exercise the rights and responsibilities of citizenship.

Eligible Applicants: Any designated State agency (DSA) that is

authorized to provide rehabilitation services to individuals who are

blind is eligible for an award under this program.

Deadline for Transmittal of Applications: August 5, 1994

Deadline for Intergovernmental Review: September 6, 1994

Applications Available: July 6, 1994

Available Funds: $7,449,000.

Estimated Range of Awards: $130,000-180,000.

Estimated Average Size of Award: $158,000.

Estimated Number of Awards: 47.

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

notice.

Project Period: Up to 60 months.

Applicable Regulations: (a) The Education Department General

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

82, 85, and 86; and (b) The regulations for this program in 34 CFR Part

367.

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

applications before the publication of final regulations. However, in

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

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

12, 1994 (59 FR 24814), because the Department's authority to obligate

these funds will expire on September 30, 1994.

The comment period for the notice of proposed rulemaking ended on

June 13, 1994. Six parties submitted comments on proposed 34 CFR Part

367. The following is a summary of the comments received and of the

changes that are expected to be made, based on public comments, in the

final regulations that are currently undergoing review.

Three commenters supported the proposed regulations as worded.

One commenter recommended adding the word ``may'' to proposed

Sec. 367.3(b). (Although the commenter identified the provision as

Sec. 367.1(b), the comment makes sense only if applied to proposed

Sec. 367.3(b).) The commenter stated that the addition of the word

``may'' would give States flexibility in the event they have funds to

cover other services.

Proposed Sec. 367.3(a) states that a DSA ``may'' use funds awarded

under proposed Part 367 for the activities described in proposed

Secs. 367.1 and in 367.3(b). The Secretary believes that this language

already provides a DSA with adequate flexibility in choosing which

services will be provided to individuals in the State. Therefore, no

change to proposed Sec. 367.3(b) is expected in the final regulations.

One commenter suggested changing the definition of ``older

individual who is blind'' in proposed Sec. 367.5 to make it less

restrictive. Because this term is specifically defined in section 751

of the Act, no change to this definition in proposed Sec. 367.5 is

expected in the final regulations.

One commenter recommended adding a definition of ``capacity

building'' to proposed Sec. 367.5. The Secretary does not believe a

definition is necessary because a variety of possible opportunities

already exists for local, regional, and State ``capacity building.''

One commenter suggested that the list of services in proposed

Sec. 367.22(g) should be the same as that provided in proposed

Sec. 367.3(b) and also suggested adding the word ``may'' to

Sec. 367.22(g)(2). The commenter also stated that the wording in

proposed Sec. 367.22(g) could be construed to mean that grant funds

have to be used for all the listed services and that States should not

have to duplicate services already provided by the State through other

sources.

The Secretary agrees that the list of services in these proposed

provisions should be the same. The Secretary expects that this change

will be made to proposed Secs. 367.3(b) and 367.22(g)(2) in the final

regulations. The Secretary also agrees that Chapter 2 funds should be

used in a way that will supplement services that may already be

available through other sources. The Secretary expects that proposed

Sec. 367.22(g)(2) of the final regulations will be changed to make

clear that an application will be evaluated on the extent to which the

DSA will use Chapter 2 funds to meet the unmet independent living (IL)

needs of individuals in the State.

One commenter recommended including older individuals who are blind

in the selection of new methods and approaches for the provision of IL

services pursuant to proposed Sec. 364.28.

The Secretary believes that the views of older individuals who are

blind will be adequately represented and addressed by the Statewide

Independent Living Council (SILC). The SILC and DSU have joint

responsibility for development of the State plan and for ensuring that

consumers have the opportunity to comment on the development and

revision of the State plan during public hearings. The selection and

incorporation into the State plan of any new approaches for the

provision of IL services to older individuals who are blind would

require a revision to the State plan. Therefore, the Secretary does not

expect any changes in the final regulations.

Two commenters recommended deleting proposed Sec. 367.41(b), which

restricts a DSA's flexibility to enter into procurement contracts with

public and private nonprofit agencies.

Although section 752(i)(2)(A) of the Rehabilitation Act of 1973

(Act), as amended, 29 U.S.C. 701-796i, is a general provision that

allows the DSA to operate or administer this program either directly or

through grants or contracts, section 752(g) of the Act requires that a

State's awards to public and private nonprofit agencies and

organizations under this program be made only through grants.

Therefore, no change to proposed Sec. 367.41(b) is expected in the

final regulations.

Applicants should prepare their applications based on the proposed

regulations, as modified by the expected changes contained in this

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

are currently undergoing review, applicants will be given the

opportunity to revise or resubmit their applications.

For Applications or Information Contact: Raymond Melhoff, U.S.

Department of Education, 400 Maryland Avenue, S.W., Room 3416 Switzer

Building, Washington, D.C. 20202-2741. Telephone: (202) 205-9320.

Individuals who use a telecommunications device for the deaf (TTD) may

call (202) 205-9362.

Information about the Department's funding opportunities, including

copies of application notices for discretionary grant competitions, can

be viewed on the Department's electronic bulletin board (ED Board),

telephone (202) 260-9950; or on the Internet Gopher Server at

GOPHER.ED.GOV (under Announcements, Bulletins, and Press Releases).

However, the official application notice for a discretionary grant

competition is the notice published in the Federal Register.

Program Authority: 29 U.S.C. 796f.

Dated: June 30, 1994.

Judith E. Heumann,

Assistant Secretary, Office of Special Education and Rehabilitative

Services.

[FR Doc. 94-16287 Filed 7-5-94; 8:45 am]

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