[Federal Register Volume 59, Number 34 (Friday, February 18, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3019]
[[Page Unknown]]
[Federal Register: February 18, 1994]
_______________________________________________________________________
Part IV
Department of Education
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34 CFR Part 396
Training of Interpreters for Individuals Who Are Deaf and Individuals
Who Are Deaf-Blind; Proposed 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: Notice of proposed rulemaking.
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SUMMARY: The regulations are needed to implement changes made to the
above-captioned program 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.
DATES: Comments must be received on or before March 21, 1994.
ADDRESSES: All comments concerning these proposed regulations should be
addressed to Mark Shoob, U.S. Department of Education, 400 Maryland
Avenue, SW., room 3036, Switzer Building, Washington, DC 20202-2576.
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: Charlotte Coffield, U.S. Department of
Education, 400 Maryland Avenue, SW., room 3221, Switzer Building,
Washington, DC 20202-2736. Telephone: (202) 205-9001. Individuals who
use a telecommunications device for the deaf (TDD) may call the TDD
number at (202) 205-8298.
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 Act. These proposed regulations would
implement the changes to the Training of Interpreters for Individuals
Who Are Deaf and Individuals Who Are Deaf-Blind program made by the
Rehabilitation Act Amendments of 1992, Public Law 102-569, enacted
October 29, 1992. The principal change 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 in the specific
communication modes appropriate to the needs of these populations in
the geographical area to be served.
The Secretary proposes 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 proposed
regulations would 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 proposed definition of ``individual who is deaf-blind'' is
drawn from the Helen Keller National Center Act. The proposed
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 proposed 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 regulations in 34 CFR part 385 referenced in this notice of
proposed rulemaking are revised in the final regulations implementing
technical amendments made by the Rehabilitation Act Amendments of 1992
and 1993 published elsewhere in this issue of the Federal Register.
This program supports National Education Goal 5: 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.
Regulatory Flexibility Act Certification
The Secretary certifies that these proposed regulations would not
have a significant economic impact on a substantial number of small
entities.
The small entities that would be affected are small colleges and
universities. However, the regulations would not have a significant
economic impact on the small colleges and universities affected because
the regulations would not impose excessive regulatory burdens or
require unnecessary Federal supervision. The regulations would impose
minimal requirements to ensure the proper expenditure of program funds.
Paperwork Reduction Act of 1980
Sections 396.20 and 396.31 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. (44 U.S.C.
3504(h))
State agencies and other public or nonprofit agencies and
organizations, including institutions of higher education, that
participate in the Training of Interpreters for Individuals Who Are
Deaf and Individuals Who Are Deaf-Blind program would have to comply
with the information collection requirements in these proposed
regulations.
Annual public reporting and recordkeeping burden for this
collection of information is estimated to average 8 hours per response
for 20 respondents, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Organizations and individuals desiring to submit comments on the
information collection requirements should direct them to the Office of
Information and Regulatory Affairs, OMB, room 3002, New Executive
Office Building, Washington, DC 20503; Attention: Daniel J. Chenok.
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.
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 3221, Switzer Building, 330 C Street, SW., Washington,
DC, between the hours of 8:30 a.m. and 4 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 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: February 4, 1994.
Richard W. Riley,
Secretary of Education.
The Secretary proposes to amend 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: Sec. 302(f) of the Act; 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: Sec. 302(f) of the Act; 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: Sec. 302(f) of the Act; 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: Sec. 302(f) of the Act; 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 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 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: Secs. 12(c) and 302(f) of the Act; 29 U.S.C. 711(c) and
771a(f); Sec. 206(a) of the Helen Keller Center Act; 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, or 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: Sec. 302(f) of the Act; 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) Assurances that any interpreter trained or retrained under this
program shall meet any minimum standards of competency that the
Secretary may establish; and
(e) 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.
(Authority: Secs. 21(b)(6), 302(a)(5), and 302(f) of the Act; 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: Sec. 302(f) of the Act; 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.
(Authority: Sec. 302(f) of the Act; 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.
(Authority: Sec. 302(f) of the Act; 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: Sec. 302(f) of the Act; 29 U.S.C. 771a(f))2
[FR Doc. 94-3019 Filed 2-17-94; 8:45 am]
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