[Federal Register Volume 59, Number 109 (Wednesday, June 8, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-13930] [[Page Unknown]] [Federal Register: June 8, 1994] _______________________________________________________________________ Part II Department of Education _______________________________________________________________________ National Institute on Disability and Rehabilitation Research; Notice DEPARTMENT OF EDUCATION National Institute on Disability and Rehabilitation Research AGENCY: Department of Education. ACTION: Notice of final funding priorities for fiscal years 1994-1995 for the Knowledge Dissemination and Utilization Program. ----------------------------------------------------------------------- SUMMARY: The Secretary announces funding priorities for the Knowledge Dissemination and Utilization (D&U) Program under the National Institute on Disability and Rehabilitation Research (NIDRR) for fiscal years 1994-1995. The Secretary takes this action to ensure that rehabilitation knowledge generated from projects and centers funded by NIDRR and others is utilized fully to improve the lives of individuals with disabilities and their families. EFFECTIVE DATE: These priorities takes effect either 45 days after publication in the Federal Register or later if Congress takes certain adjournments. If you want to know the effective date of these priorities, call or write the Department of Education contact person. FOR FURTHER INFORMATION CONTACT: David Esquith, U.S. Department of Education, 400 Maryland Avenue SW., room 3424, Switzer Building, Washington, DC 20202-2601. Telephone: (202) 205-8801. SUPPLEMENTARY INFORMATION: This notice contains six priorities under the D&U program. These priorities would train persons with rights and duties under the Americans with Disabilities Act (ADA). The six priority areas are: (1) Independent living centers; (2) family organizations; (3) school districts; (4) State and local ADA coordinators and policymakers; (5) Hispanics with rights and duties under the ADA whose proficiency in English is limited; and (6) standards for accessible design. Authority for the D&U program of NIDRR is contained in sections 202 and 204(a) and 204(b)(6) of the Rehabilitation Act of 1973, as amended (29 U.S.C. 760-762). Under this program the Secretary makes awards to public and private organizations, including institutions of higher education and Indian tribes or tribal organizations. These priorities support the National Education Goals. National Education Goal 6 provides 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. Under the regulations for this program (see 34 CFR 355.32), the Secretary may establish research priorities by reserving funds to support particular research activities. NIDRR is in the process of developing a revised long-range plan. The priorities in this notice are consistent with the long-range planning process. On April 6, 1994 the Secretary published a notice of proposed priorities in the Federal Register at (59 FR 16486). The Department of Education received 18 letters commenting on the proposed priorities. Modifications were made to the priorities as a result of those comments. The comments, and the Secretary's responses to them, are discussed in an appendix to this notice. Note: This notice of final priorities does not solicit applications. A notice inviting applications under these competition is published in a separate notice in this issue of the Federal Register. General Unless indicated otherwise in the priority, the following requirements apply to the training projects: Applicants for the training projects must identify the target groups and organizations that will be selected for training as specified in each of the priorities and describe in detail how the project will schedule and provide training during national, regional, State, or local conferences and meetings of the selected organizations. Applicants must demonstrate knowledge of the extent to which the target groups and organizations have received prior training on the ADA. Applicants for training projects must describe how the project will provide persons with all types of disabilities an equal opportunity to receive training. Applicants for training projects must describe how the project will utilize a variety of training methods and deliver training in formats and styles that are accessible to individuals with a range of sensory, communication, cognitive, and learning disabilities. Applicants for training projects must describe the training materials that the project will develop as well as identify existing training materials that the project will use. Applicants must establish a timetable for beginning training activities and demonstrate that key staff and facilities will be available in order to achieve a comprehensive nationwide program within the period of the project. Applicants for the training projects who propose to use subcontractors must demonstrate that it is cost-effective and describe how the applicant will directly supervise the subcontractors (see 34 CFR 75.701). The training project must consult with each of NIDRR's regional Disability and Business Technical Assistance Centers (DBTACs) during the development of its schedule of training activities. To the maximum extent feasible, the training project must conduct its training activities in collaboration with each of the DBTACs. The training project (except Priority 6: Standards for Accessible Design) must develop two schedules of regional training activities. The first schedule of training activities must be finalized and training must begin within six months after the award of the grant. The second schedule must be finalized within eighteen months after the award of the grant. The training project must carry out its training activities as equitably as possible across and within each region of the country. The training project must have a staff with expertise on the ADA and training and carry out its training activities using those staff persons. The training project must include individuals with disabilities or their family members or representatives to the maximum extent possible in all phases of the project's activities. The training project must submit final drafts of the training materials it produces to NIDRR for review of their legal sufficiency. (NIDRR estimates it will take between two and four weeks to review materials for legal sufficiency depending upon their length and complexity.) The training project must submit monthly status reports on its training activities through NIDRR's ADA Technical Assistance Coordination Contract to NIDRR. Each training project must submit its final report to the National Rehabilitation Information Center clearinghouse. The training project must cooperate with other Federal agencies that provide technical assistance and training on the ADA, such as the Equal Employment Opportunity Commission (EEOC), the Department of Justice (DOJ), and the Architectural and Transportation Barriers Compliance Board (ATBCB). Priority Under 34 CFR 75.105(c)(3) the Secretary gives an absolute preference to applications that meet the following priorities. The Secretary will fund under this program only applications that meet these absolute priorities: Priorities--Americans With Disabilities Act Training Projects Background Public Law 101-336, the Americans with Disabilities Act (ADA), which was enacted on July 26, 1990, prohibits discrimination against individuals with disabilities in employment, public accommodations, transportation, State and local government services, and telecommunications. In 1991 NIDRR established an ADA technical assistance program made up of ten regional Disability and Business Technical Assistance Centers (DBTACs--previously, Disability and Business Accommodation Centers), two national training projects, three materials development projects, and an ADA technical assistance coordination contract. The two national training projects addressed the needs of persons affiliated with independent living centers and peer and family networks. These training projects, which were awarded for three years, will complete their activities in fiscal year (FY) 1994. For FY 1994, Congress provided NIDRR with additional funding, which it directed be used ``for training activities related to the implementation of the Americans with Disabilities Act'' (1994 Senate Appropriations Committee Report, p. 207). In accordance with this congressional directive, NIDRR proposes to establish six new training projects that will be supported by the additional funding that Congress provided as well as by existing NIDRR funds. The training projects will enhance the capacity of those with rights and duties under the ADA to facilitate its implementation. NIDRR has consulted with a range of relevant Federal agencies, including, but not limited to, DOJ, EEOC, the Architectural and Transportation Barriers Compliance Board (ATBCB), the Department of Transportation, and the National Council on Disability, as well as representatives from disability organizations, to develop responsive and meaningful training projects that will complement the planned efforts of other public and private agencies. These priorities were developed on the basis of these consultations and relevant information from NIDRR projects, including the ADA technical assistance projects. NIDRR intends to continue to coordinate activities under this program with other Federal agencies and with other public and private initiatives to implement the ADA. Priority 1: ADA Training for Independent Living Centers Background The more than 400 Independent Living Centers (ILCs) in the United States emphasize consumer control and peer services. These ILCs have a strong incentive to promote the successful implementation of the ADA. ILCs serve as resources not only to individuals with disabilities in their communities, but also to individuals and entities with responsibilities under the Act. Preliminary results from a survey conducted by the Independent Living Research Utilization Program (ILRU) of persons associated with ILCs from around the country indicate that knowledge concerning specific sections of the ADA is not high, even among persons who have a direct interest in effective ADA implementation. Initial analysis of these data suggests that a lack of training opportunities and high turnover among the staff who are trained are factors in the current level of knowledge of persons associated with ILCs. Some ILCs have had opportunities to participate in ADA training activities sponsored by Federal agencies, and many ILCs have developed into sophisticated community resources on the ADA. Training projects for the ILCs have generally taken the form of an ILC sending a representative to attend an intensive ADA training session over a number of days. This approach has some limitations in terms of impact due to the high turnover of ILC staff and multiple or shifting work responsibilities in the ILC. Other ILCs, due in large part to their size or location, have not had ADA training opportunities sponsored by Federal agencies. This group of ILCs is the primary target audience for this training project. The secondary target group for the training project is composed of those ILCs who have lost their ADA-trained staff person. The project is intended to enable both of these groups of ILCs to become experts on the ADA so that their staff, associates and volunteers can answer technical questions, advise individuals on their rights or responsibilities, make referrals, increase awareness of the ADA in their community, and conduct ADA training activities for covered entities in their community. Priority An ADA training project for ILCs shall--Identify and select for training ILCs that have either not received training from a NIDRR, EEOC, or DOJ ADA project, or lost their staff representative who was trained by a NIDRR, EEOC, or DOJ project; Develop a strategy and schedule for training as many of these ILCs as possible using a variety of approaches, including, but not limited to, on-site training, national, regional, State, and local meetings, teleconferences, and audioconferences; Utilizing existing federally-approved materials to the maximum extent appropriate, develop an array of training materials and activities that vary in length and content in order to accommodate the information and scheduling needs of selected organizations; Provide training to staff, associates, and volunteers from each selected ILC in order to enable them to answer technical questions on the ADA, advise individuals or entities on their rights or responsibilities, make referrals, increase awareness of the ADA in their community, and conduct ADA training activities for covered entities in their community; To the maximum extent possible, utilize as trainers those individuals with disabilities who are from the same approximate area of the country as the selected ILC and who have been trained as trainers on the ADA by a NIDRR, EEOC, or DOJ technical assistance or training project; and For the length of the project, provide selected ILCs with quarterly ADA information updates, before and after training, regarding legal and policy developments. Priority 2: ADA Training for Family Organizations Background The National Rehabilitation Information Center (NARIC) publishes a National Directory of Information Sources on Disability that includes information on many (but not all) organizations serving the disability community. According to the NARIC staff who are updating this directory, there are a minimum of 411 organizations providing information or direct services to individuals with disabilities and their families. These organizations disseminate information through national, State, and local conferences, as well as publications such as newsletters and brochures. They also provide training, using a variety of means and settings, to their professional staff as well as to their membership. According to representatives of disability organizations, the extent to which national disability organizations, as well as their State and local affiliate organizations, have provided training or information to their members about the ADA varies according to the primary mission of the organization (e.g., provision of services or advocacy), resources available to the organization, and the interest of the membership and its leaders. As a result, knowledge about the ADA among these organizations can vary widely from one organization to another as well as from one affiliate to another within the same organization. The purpose of this priority is to provide training on the ADA to persons who are members or staff of disability organizations that provide services and information primarily to individuals with disabilities and their families by utilizing the existing training and information systems of these organizations. Priority An ADA training project for family organizations shall-- Placing special emphasis on those organizations that have had limited access to ADA training and information, identify and select for training a range of disability organizations that provide services and information primarily to individuals with disabilities and their families, including those organizations focused on developmental, cognitive, emotional, physical, or sensory disabilities; Develop a strategy and schedule for training the membership and staff of these organizations using a variety of approaches including, but not limited to, on-site training, national, regional, State, and local meetings, teleconferences, and audioconferences; Utilizing existing Federally approved materials to the maximum extent appropriate, develop an array of training materials and activities that vary in length and content in order to accommodate the information and scheduling needs of selected organizations; Provide training to the membership and staff of selected organizations on the provisions of the ADA and the resources available to them to facilitate the implementation of the ADA; To the maximum extent possible, utilize as trainers those individuals with disabilities who have been trained as trainers on the ADA by a NIDRR, EEOC, or DOJ technical assistance or training project; and For the length of the project, provide selected organizations with quarterly ADA information updates, before and after training, regarding legal and policy developments. Priority 3: ADA Training for School Districts Background There are 15,173 regular school districts in the United States according to the U.S. Department of Education National Center for Education Statistics (1993 Digest of Education Statistics in the United States). These school districts are covered under Title II of the ADA. Title II of the ADA prohibits discrimination on the basis of disability in all services, programs, and activities of State and local governments. The Office for Civil Rights within the U.S. Department of Education (OCR/ED) has been designated to enforce Title II in public elementary and secondary educational systems and institutions, public institutions of higher education and vocational education (other than schools of medicine, dentistry, nursing, and other health-related schools) and public libraries. Title II covers three major categories of programs or activities: employment; activities involving general public contact as part of an entity's ongoing operation (e.g., telephone contacts, office walk-ins, interviews, and public use of the facilities); and activities or programs directly administered by the entity for program beneficiaries and participants (e.g., programs that provide State or local government services or benefits). School districts that have received Federal funds have been covered by Section 504 of the Rehabilitation Act since 1973. Title II is patterned after Section 504, and many school districts need information and training to understand not only their responsibilities under the ADA, but also the relationship of Section 504 to the ADA. OCR/ED and NIDRR cooperated in producing a self-evaluation guide for school districts that includes information addressing the relationship between Section 504 and the ADA. One of the primary purposes of this training project will be to assist school districts to conduct their self-evaluations with this new self-evaluation guide and implement their plans to comply with the ADA. As part of this process, the project will enable trainees to understand not only their responsibilities under the ADA, but also the relationship of Section 504 to the ADA. The project will place special emphasis on school districts where a majority of the students are from minority backgrounds because of their limited access to outside training opportunities. The project will train selected educational organizations whose members have responsibility for complying with the ADA in school districts (e.g., superintendents, principals, special education directors, school boards, etc.), as well as staff from selected individual school districts. Applicants may receive an outline of the guide by contacting David Esquith at (202) 205-8801. Individuals who use a telecommunications device for the deaf (TDD) may call the TDD number at (202) 205-5516. Priority An ADA training project for school districts shall-- Placing special emphasis on school districts where a majority of the students are from minority backgrounds, identify and select for direct training a range of school districts, equitably distributed throughout the country, including those from urban, rural, and suburban areas; Identify and select for training the membership and staff of educational organizations whose members have responsibility for complying with the ADA in school districts; Develop a strategy and a schedule for directly training school districts as well as the members and staff of selected organizations using a variety of approaches including, but not limited to, on-site training, national, regional, State, and local meetings, teleconferences, and audioconferences; Utilizing the OCR/ED self-evaluation guide and other existing federally-approved materials to the maximum extent appropriate, develop an array of training materials and activities that vary in length and content in order to accommodate the information and scheduling needs of selected school districts and organizations; Provide training to selected school districts and organizations on updating or conducting self-evaluations using the new guide, understanding the responsibilities of school districts under the ADA, implementing changes to comply with the ADA, and the resources available to them to facilitate the implementation of the ADA; To the maximum extent possible, utilize as trainers those individuals with disabilities who have been trained as trainers on the ADA by NIDRR, EEOC, or DOJ technical assistance or training project; For the length of the project, provide selected school districts and organizations with quarterly ADA information updates, before and after training, regarding legal and policy developments; and Coordinate training activities with the regional offices of OCR/ED. Priority 4: ADA Training for State and Local ADA Coordinators and Policymakers Background Governors, mayors, city managers, city planners, county boards, agency directors, and other State and local government officials bear responsibility for ensuring compliance with Title II of the ADA. In addition, Sec. 35.107 of the ADA regulations (28 CFR part 35) requires that a public entity that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with the ADA, including investigation of any complaint alleging its noncompliance or alleging any prohibited actions. Such persons are frequently identified as ``ADA Coordinators'' by State or local governments. According to the most recent (1987) report of the U.S. Census Bureau, there are approximately 7,665 counties, municipalities, and townships that have 50 or more full-time employees. Title II requires public entities to evaluate their current services, policies, and practices to identify and correct any that are not consistent with the requirements of Title II. State and local ADA Coordinators and government policymakers are responsible for ensuring that the self-evaluations are carried out. To ensure that these self- evaluations are appropriately carried out and the necessary changes made, State and local ADA Coordinators and government policymakers need information and training about the requirements of the ADA and policy developments in the field. Priority An ADA training project for State and local ADA coordinators and policymakers shall-- Identify and select for direct training State and local ADA coordinators and government policymakers from every Federal Region of the country, including those from urban, rural, and suburban areas, and ensuring the broad representation of local governments where a majority of the citizens are from minority backgrounds; Identify and select for training organizations whose members are policymakers in State and local government with responsibilities for complying with the ADA; Develop a strategy and a schedule for directly training State and local ADA coordinators and policymakers as well as the membership and staff of selected organizations using a variety of approaches including, but not limited to, on-site training, national, regional, State, and local meetings, teleconferences, and audioconferences; Utilizing existing federally-approved materials to the maximum extent appropriate, develop an array of training materials and activities that vary in length and content in order to accommodate the information and scheduling needs of selected coordinators and organizations; Provide training to selected State and local ADA coordinators, policymakers and members of organizations on the responsibilities of State and local governments under Title II of the ADA and in order to assist State and local governments to undertake their self-evaluation plans and make the changes needed to comply with the ADA; To the maximum extent possible, utilize as trainers those individuals with disabilities who have been trained as trainers by a NIDRR, EEOC, or DOJ technical assistance or training project; For the length of the project provide selected coordinators, policymakers and organizations with quarterly ADA information updates, before and after training, regarding legal and policy developments. Priority 5: ADA Training for Hispanics With Rights and Duties Under the ADA Whose Proficiency in English Is Limited Background The Hispanic population in the U.S. totals approximately 22 million people, or 9.0 percent of the population. By the year 2010, the Hispanic population is expected to become the second- largest racial/ ethnic group (National Council of La Raza Census Information Center, Hispanic Population Factsheet, November 1993). There are approximately 3,343,000 persons of Hispanic origin with a disability. In other words, one out of every fifteen Americans with a disability is Hispanic (McNeil, Americans with Disabilities: 1991-1992, Current Population Reports, U.S. Bureau of the Census, 1993). In 1990, 17.4 million persons reported that they spoke Spanish at home. Of these persons, 8.3 million persons, or 50.8 percent, reported that they do not speak English ``very well'' (U.S. Census Bureau, Language Spoken at Home and Ability to Speak English for U.S. Regions and States, 1993). Hispanics with disabilities whose proficiency in English is limited, as well as Hispanic business owners and service providers whose proficiency in English is limited, need to understand the requirements of the ADA. Federal agencies have made a number of their ADA publications available in Spanish, and NIDRR has piloted an effort with its Region 6 Southwest DBTAC to provide training and technical assistance to persons in the Spanish-speaking community. This pilot project has included the publication of additional documents in Spanish as well as efforts to provide popular Hispanic media with information about the ADA that is sensitive to cultural norms regarding disability. While these efforts have made certain ADA materials and technical assistance available to persons whose proficiency in English is limited, more needs to be done. Reaching a target population that is broadly dispersed and as diverse as Hispanics whose proficiency in English is limited is particularly challenging. The Hispanic population includes people from different cultural backgrounds and different countries and regions of the world, such as Mexico (63.6 percent), Puerto Rico (10.6 percent), Cuba (4.7 percent), and Central and South America (14.0 percent) (National Council of La Raza Census Information Center, Hispanic Population Factsheet, November 1993). For the purposes of this priority, ``Hispanics whose proficiency in English is limited'' includes all persons from those countries and regions listed above who do not speak English very well, if at all. In order to reach as wide an audience as possible a training project must collaborate with Hispanic organizations that currently provide training and information to their members. It must also utilize TV, radio, and print media that are popular in the targeted Hispanic community. Applicants for this project must demonstrate Spanish fluency, knowledge, cultural understanding, and experience in providing training and technical assistance to Hispanic organizations and individuals. Applicants must recruit Hispanic community leaders to participate as trainees in the project. Applicants must also include a substantial number of Hispanic individuals with disabilities in all phases of the project's activities. Priority An ADA training project for Hispanics with right or duties under the ADA whose proficiency in English is limited shall-- Identify and select for training organizations that provide services and information to Hispanics with rights and duties under the ADA whose proficiency in English is limited; Develop a strategy and a schedule for training the members and staff of selected organizations using a variety of approaches including, but not limited to, on-site training, national, regional, State, and local meetings, teleconferences, and audioconferences; Utilizing existing federally-approved materials to the maximum extent appropriate, develop an array of training materials and activities that vary in length and content in order to accommodate the information and scheduling needs of selected organizations; Provide training to the members and staff of selected organizations on the provisions of the ADA and the resources available to them to facilitate the implementation of the ADA; To the maximum extent possible, utilize as trainers those individuals with disabilities who have been trained as trainers on the ADA by a NIDRR, EEOC, or DOJ technical assistance or training project; For the length of the project, provide selected organizations with quarterly ADA information updates, before and after training, regarding legal and policy developments; and Provide information about the ADA and technical assistance resources in areas with high concentrations of persons who are Spanish- speaking utilizing popular mass media such as local Hispanic TV and radio programming as well as Spanish print media. Priority 6: ADA Training on Standards for Accessible Design Background Titles II and III of the ADA require that new governmental and commercial facilities be built in an accessible manner and require that, when existing governmental or commercial facilities are renovated or otherwise altered, the alterations be made in an accessible manner. In their regulations implementing Titles II and III of the ADA, the U.S. Department of Justice (DOJ) and the U.S. Department of Transportation (DOT) adopted Standards for Accessible Design for purposes of enforcing the ADA's non-discrimination requirements in the built environment. For commercial facilities and public transportation facilities, they adopted the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG), developed by the Architectural and Transportation Barriers Compliance Board. For government facilities other than transportation facilities covered by DOT, DOJ currently permits the use of either the Uniform Federal Accessibility Standards or ADAAG as the ``Standards for Accessible Design.'' These Standards must be followed in new construction and alteration projects. They also serve as a guide for public accommodations undertaking to remove barriers in inaccessible existing facilities, as required under Title III. These Standards are complex and made up of scoping and technical provisions that contain many discrete requirements and necessitate referencing other technical provisions in order to make an element or space accessible. NIDRR proposes a project to develop a series of audio/visual and complementary training materials on the Standards for Accessible Design that can be used across the country at the local level. Local organizations whose members include individuals with disabilities, business owners, building managers, employers, government agency officials, city planners, architects, designers, or other relevant parties need access to reliable materials that explain the ADA Standards. NIDRR proposes to develop this series of materials in short discrete segments that could be used in meetings normally scheduled by professional or business organizations such as local chapters of the American Institute of Architects, local Chambers of Commerce, and other groups. These materials could also be used by the DBTACs in carrying out ADA training activities. Applicants must demonstrate knowledge, understanding, and experience in the following areas: In-depth knowledge of the ADA Standards for Accessible Design; thorough understanding of the rationale(s) underlying the Standards; understanding of the ways in which individuals with disabilities use, or are unable to use, the built environment; experience in the development and dissemination of educational videos; and experience in using innovative and engaging video techniques such as animation and fade-ins or transformations from actual scenes to diagrammatic or conceptual material. Samples of an applicant's recent relevant work, including the use of animation or other innovative video techniques and the development of training materials related to the ADA Standards or training materials on accessible design, must be submitted with the application. Based on the estimated size of the award that will be published in the notice inviting applications, applicants may propose to cover some, but not all of the topics. Applicants must propose an order of production of the videos and identify the topics that will be addressed in each video. Applicants must justify their order of production, based on the importance of the topic. Applicants must propose to group topics on each of the videos and explain the rationale for the groupings. Priority An ADA training project on the ADA Standards for Accessible Design shall-- Develop, test, and disseminate a series of short, broadcast quality videos and complementary training materials that address the technical and scoping requirements of the ADA Standards for Accessible Design. These materials shall cover as many of the following topics as possible (emphasis added) as set out in the current Standards as well as new provisions that will be adopted: New construction; additions, alterations, and path of travel; historic buildings; parking and passenger loading zones; exterior accessible routes and curb ramps; drinking fountains; telephones and TDDs; ramps and stairs; platform lifts; entrances and exits (areas of rescue assistance); doors and gates; building lobbies and corridors (interior accessible routes); elevators; rooms and spaces; assembly areas; toilet rooms and bathrooms; bathtubs and showers; dressing and fitting rooms; signage; alarms; detectable warnings; automated teller machines; restaurants and cafeterias; medical care facilities; mercantile facilities; libraries; hotels, motels, inns, boarding houses, dormitories, and similar places; homeless shelters, halfway houses, transient group homes, and similar social services establishments; bus stops; fixed transportation facilities, bus and train terminals and stations; and airports. The project shall address the requirements of the standards from a Universal Design perspective; Illustrate how people with disabilities use the built environment and the rationale that underlies specific technical and scoping provisions of the Standards and how discrete provisions in the Standards fit together with each other to ensure accessibility: Use innovative techniques, including animation, fade-ins or transformations to transition from footage showing a person using a space or element to footage showing design layouts and diagrams from the Standards relevant to that kind of space or element; Utilizing, as much as possible, materials that have been developed by Federal agencies, develop readily reproducible complementary training materials in conjunction with each video to supplement the video materials and to provide guidance on using the videos effectively; Identify organizations whose members include individuals with disabilities, business owners, building managers, employers, government agency officials, city planners, architects, designers, and other relevant parties who would be an appropriate audience for the videos; Develop and implement a plan to disseminate the videos and complementary training materials to selected organizations; Produce the first video and complementary training material of the series within six months of the grant award; Coordinate with the Department of Justice, the Access Board, and the Department of Transportation in the development and dissemination of the videos and complementary training materials; Ensure that the training videos and complementary training material are available in formats that accommodate persons with hearing impairments and vision impairments; Provide four one-inch NCSC standard fully mixed and open captioned edited master video tapes, including two master tapes and two safety dub tapes suitable for duplication, and four copies on VHS cassettes of each videotape produced, along with four reproducible copies of each set of complementary training materials to NIDRR for use by the Federal government. Applicable Program Regulations: 34 CFR parts 350 and 355. Program Authority: 29 U.S.C. 760-762. Dated: June 3, 1994. Judith E. Heumann, Assistant Secretary for Special Education and Rehabilitative Services. (Catalog of Federal Domestic Assistance Number 84.133D, Knowledge Dissemination and Utilization Program) Appendix--Analysis of Comments and Changes The Department received 18 letters in response to the notice of proposed priorities. This Appendix contains an analysis of the comments and of the changes in the priorities since the publication of the notice of proposed priorities. Technical and other minor changes--and suggested changes the Secretary is not legally authorized to make under applicable statutory authority--are not addressed. Priority 1: ADA Training for Independent Living Centers Comment: One commenter suggested requiring ILC personnel to disseminate information on the ADA to American Indian rehabilitation organizations and tribal councils on reservations and Alaska Native villages. Discussion: The priority does not specify the activities of any ILC that receives training from this project. The Background statement to Priority 1 states that the project is intended to enable ILCs ``to become experts on the ADA so that their staff, associates and volunteers can answer technical questions, advise individuals on their rights or responsibilities, make referrals, increase awareness of the ADA in their community, and conduct ADA training activities for covered entities in their community.'' The Secretary believes that specifying the follow-up activities that an ILC undertakes once it has received ADA training from this training project is outside the scope of the priority and should be left to the discretion of the ILC. However, the Secretary expects that any ILC that receives training from this project and that is part of a community that includes American Indians and Alaska Natives will disseminate information on the ADA to these individuals. Changes: None. Comment: One commenter suggested requiring training to be directed to key personnel who would be less inclined to leave the organization in order to address the issue of staff turnover. Discussion: In order to address the issue of staff turnover, the priority requires the training project to train a number of persons affiliated with an ILC, including staff, associates, and volunteers. The Secretary does not believe it is feasible to identify which staff are less likely to leave an ILC. Changes: None. Priority 2: ADA Training for Family Organizations Comment: One commenter was concerned about the Background statement reference to The National Rehabilitation Information Centers's Directory of Information Sources on Disability because the directory does not provide information on organizations that provide rehabilitation services on reservations and to Alaska Natives. Discussion: The reference to the Directory of Information Sources was intended solely to illustrate the approximate number of organizations providing information or direct services to individuals with disabilities and their families. The Secretary wishes to clarify that this reference does not place any limit on the organizations that an applicant may propose to include in their application. Changes: The Background statement has been revised to indicate that the Directory includes many (but not all) organizations serving the disability community. Comment: Four commenters suggested that Parent Training and Information programs (PTIs) be included in the list of target audiences for the training. Discussion: The Secretary recognizes that PTIs are a potential target audience for the training. The Secretary points out that the priority does not include the name of any organization or program. The Secretary does not believe it is appropriate to identify one program or organization by name in the priority. Changes: None. Comment: One commenter suggested that the priority be revised to include national meetings as potential training forums. Discussion: The general requirements for all the training projects indicate that the projects will schedule and provide training during national, regional, State and local meetings. The Secretary agrees that national meetings should be included in the specific requirement regarding training forums in order to be consistent. Changes: The specific requirement on training forums (in this priority as well as Priorities 1, 3, 4, and 5) have been revised to include national meetings. Comment: One commenter was concerned about placing special emphasis on those organizations that have had limited access to ADA training and information. The commenter indicated that members of family organizations who have received some training or information on the ADA may have a need for further training or information. Discussion: The Secretary agrees that members of family organizations have a need for continuing ADA training and information. The Secretary believes that the requirement cited above does not prohibit applicants from proposing to include organizations that have had some ADA training as well as those that have had no training or access to ADA information. Changes: None. Comment: One commenter suggested that conventional training methods (e.g., lecture) are not effective with members of family organizations and should be discouraged in favor of experiential approaches. Discussion: The Secretary believes that all the training projects must tailor their methods to the learning styles of their audiences. The Secretary points out that applicants for all of the projects must describe how the project will utilize a variety of training methods. The Secretary believes that applicants should be given the discretion to propose the training methods that they think would be most effective. Changes: None. Comment: One commenter suggested that selection criteria for Priority 2 be revised to require that the grantee be an organization that has made a commitment as an institution to the principles embodied in the ADA, has established a presence in all regions of the country, and represents the interests of people with a full range of disabilities. Discussion: The Secretary does not believe that additional selection criteria are necessary in order to ensure that the grantee for the family organization training project accomplishes the purposes of the project. Changes: None. Priority 3: ADA Training for School Districts Comment: One commenter stated that postsecondary vocational educational institutions need training and information to understand the relationship between the ADA and Section 504 and that many of these institutions are not part of school districts. The commenter suggested expanding Priority 3 to include postsecondary vocational technical institutions that are not part of school districts. Discussion: The Secretary agrees that postsecondary vocational technical institutions need ADA training and information, and NIDRR will consider issuing an ADA-related research priority regarding adult education programs. The Secretary believes that expanding this training project to include educational institutions that are not a part of school districts is outside the scope of this project. Changes: None. Comment: One commenter noted the reference to the OCR/ED guide and asked about its status. Discussion: The OCR/ED guide is in the final stages of production at this time. The Secretary recognizes that applicants for this training project will want as much information as possible about the content of the guide. Upon request, NIDRR will make an outline of the guide available to all interested parties. Changes: The background statement of the priority has been amended to inform interested parties how to obtain a copy of an outline of the guide. Comment: One commenter suggested providing ADA training to BIA- funded schools on reservations. Discussion: The Secretary believes that applicants should be given the discretion to propose the school districts that will be selected for training. Changes: None. Priority 4: ADA Training for State and Local ADA Coordinators and Policymakers Comment: One commenter suggested providing ADA training to American Indians and Alaska Native Councils. Discussion: The Secretary believes that applicants should be given the discretion to propose the State and local ADA coordinators and policymakers that will be selected for training. Changes: None. Comment: One commenter was concerned that the requirement to identify and select State and local ADA coordinators implied that not all State and local ADA coordinators and policymakers would participate in the training project. The commenter suggested requiring the project to impose a registration fee for all training attendees or scheduling the training over an extended period of time until as many officials as possible would have participated in the training project. Discussion: The Secretary recognizes that strategies such as charging a reasonable registration fee and acquiring matching funds from cooperating agencies are permissible means for a project to increase its number of trainees. The Secretary believes that applicants should have the discretion to propose such strategies and elects not to dictate the strategies to be used. The Secretary also recognizes that for this training project, as well as for the other training projects, the size and the length of the award will limit the project's ability to train all of the potential target audience. Changes: None. Comments: One commenter suggested that the training project form an association of ADA Coordinators and policymakers in order to promote the sharing of information and uniform policies at the local and State level. Discussion: The Secretary believes that the formation of an association of ADA Coordinators and policymakers is outside of the scope of this priority. Changes: None. Priority 5: ADA Training for Hispanics With Rights and Duties Under the ADA Whose Proficiency in English Is Limited Comment: One commenter suggested expanding the priority to include ADA training for American Indians, Alaska Natives, and Pacific Islanders in their native languages. Discussion: The Secretary believes that expanding the priority to include ADA training for American Indians, Alaska Natives, and Pacific Islanders is outside the scope of this priority. Changes: None. Comment: One commenter suggested recruiting and training Hispanic community leaders in order to encourage participation in the training projects. Discussion: The Secretary agrees that the participation of community leaders in the project is an important variable that should be required in the priority. Changes: The Background statement to the priority has been revised to require applicants to recruit Hispanic community leaders to participate as trainees in the project. Comment: One commenter suggested requiring applicants' decision- making personnel to be Hispanic individuals with disabilities. Discussion: The Secretary agrees that Hispanic individuals with disabilities should be extensively involved in the training project. The Secretary points out that the Background statement includes a requirement that applicants must include a substantial number of Hispanic individuals with disabilities in all phases of the project's activities. The Secretary does not believe that any further requirements are necessary. Changes: None. Priority 6: ADA Training on Standards for Accessible Design Comment: One commenter suggested that the proposed priority limits the training materials to video tape and precludes the use of other media (e.g., CD ROM) that may be attractive to some potential users. Discussion: The Secretary believes that producing the training materials in video tape will result in the widest possible distribution of the information. The priority gives applicants the discretion to propose producing the training materials in other media in addition to video tape. Changes: None. Comment: One commenter suggested requiring the project to coordinate with the Access Board in addition to the Department of Justice and the Department of Transportation. Discussion: The Secretary agrees that coordination with the Access Board would be beneficial. Changes: The priority has been revised to require the project coordinate with the Access Board in addition to the Department of Justice and the Department of Transportation. Comment: One commenter suggested requiring that the video tapes and training materials be designed in a culturally appropriate manner and relevant to reservations, villages, and islands, and disseminated to tribal council members and leaders of American Indians, Alaska Natives, and Pacific Islanders. Discussion: The Secretary believes that the video tapes and training materials should be relevant to as wide an audience as possible. The Secretary believes that applicants should be given the discretion to propose the details of their dissemination plan for the video tapes and training materials. Changes: None. Comment: One commenter was concerned that individuals with cognitive disabilities are not adequately addressed in the Standards for Accessible Design (i.e., the Uniform Federal Accessibility Standards or the ADAAG), and, as a result, the project's video tapes and training materials would convey the misconception that covered entities had to fulfill their accessibility obligations under the ADA to persons with cognitive disabilities by meeting the Standards for Accessible Design. The commenter suggested that any training materials developed on the Standards for Accessible Design include a focus on issues of cognitive accessibility and give special attention to demonstrating how to make governmental and commercial facilities accessible to people with cognitive disabilities. Discussion: The purpose of Priority 6 is to produce video tapes and training materials that will increase understanding of the current Standards for Accessible Design. The responsibility for establishing standards for accessibility rests with the DOJ and the DOT. When the DOJ and the DOT issue additional design standards regarding individuals with cognitive disabilities, the Disability and Business Technical Assistance Centers (DBTACs) will provide training and technical assistance to covered entities on the additional standards. Changes: None. Comment: One commenter suggested presenting the Standards for Accessible Design in terms that are relevant and appropriate for the target audiences listed in the priority. Discussion: The Secretary recognizes the importance and difficulty inherent in producing technical training materials for a diverse audience. The training project applications will be reviewed to determine to what degree the training content of each application is comprehensive and at an appropriate level as well as likely to be effective (see 34 CFR 350.34(c)). The Secretary does not believe that any further requirements are necessary. Changes: None. Comment: One commenter indicated that all of the technical and scoping requirements are intricately related to each other, and that to omit one or more would jeopardize the complete understanding of the rationale underlying the Standards. Discussion: The Secretary recognizes the problems associated with omitting one or more of the topics in the Standards for Accessible Design. However, the Secretary believes that the estimated size of the award necessitates providing applicants with the option of proposing to cover some, but not all, of the topics. Changes: None. General Comments: Comment: One commenter expressed a concern regarding the requirement that appears in the Priorities 1 through 5 that the training projects ``To the maximum extent possible, utilize as trainers those individuals with disabilities who have been trained as trainers on the ADA by a NIDRR, EEOC, or DOJ technical assistance or training project.'' The commenter expressed the concern that this requirement would preclude qualified, non-disabled individuals from participating as trainers in the projects. Discussion: The Secretary wishes to clarify that the requirement does not preclude the participation of qualified nondisabled individuals as trainers. The requirement is intended solely to maximize the participation of qualified individuals with disabilities. Changes: None. Comment: One commenter recommended deleting the requirement cited above regarding the use of individuals as trainers who have been trained on the ADA by NIDRR, EEOC, or DOJ from the School Districts (Priority 3) and State and Local ADA Coordinators and Policymakers (Priority 4). The commenter indicated that these two training projects are highly specialized and cover material not likely to have been addressed in the training provided to individuals trained by NIDRR, EEOC, or DOJ. Discussion: The Secretary recognizes the complexities of the two referenced training projects. The Secretary believes that some of the individuals who have been trained by NIDRR, EEOC and DOJ can serve as trainers in these projects, and expects applicants to exercise appropriate discretion in selecting qualified individuals. Changes: None. Comment: One commenter was concerned that the training projects would not impact Indian people with disabilities and their families who live off reservations. The commenter suggested including American Indians and Native Alaskans as a special population in each priority. Discussion: The Secretary recognizes that there are many individuals from minority backgrounds, including American Indians and Native Alaskans, who need training on the ADA. The Rehabilitation Act Amendments of 1992 require that each applicant for a project under this competition must demonstrate in its application how it will address the needs of individuals from minority backgrounds who have disabilities. The Secretary believes that applicants should be given the discretion to identify their training audience, including those individuals from minority backgrounds who will receive training from the project. Changes: None. Comment: One commenter pointed out that the general requirement on training schedules is inconsistent with the purpose and video tape production schedule requirements of Priority 6: Standards for Accessible Design. The commenter suggested excepting Priority 6 from the general requirement on training schedules. Discussion: The Secretary agrees that an exception from the general requirement on training schedules should be made for Priority 6. Changes: The general requirement on training schedules has been amended to exclude Priority 6. Comment: One commenter suggested that, for planning purposes, the final priority include a statement regarding the length of time NIDRR will take to review final draft materials for legal sufficiency. Discussion: The length of time needed to review material for legal sufficiency will depend significantly upon the length and complexity of the material. The Secretary agrees that an estimate of the time it will take NIDRR to review material for legal sufficiency would assist projects in developing their materials production and training schedules. Changes: The general requirements section has been amended to indicate that NIDRR estimates it will take between two and four weeks to review materials for legal sufficiency depending upon their length and complexity. Comment: One commenter suggested requiring each project to have an evaluative research function, and a second commenter, addressing the training needs of American Indians and Alaska Natives, questioned how the training projects will measure the trainers' effectiveness and the impact of the training in the community, reservations, and villages. Discussion: The Secretary agrees that each of the training projects should have a strong evaluation component. The evaluation plan selection criteria for these training projects are set forth at 34 CFR 350.34 (e). The Secretary does not believe that any further requirements are necessary. Changes: None. Comment: One commenter suggested that NIDRR fund a national State- by-State assessment of the implementation of the ADA. Discussion: The Secretary believes that understanding the impact of the ADA is an important research topic. However, the Congress has instructed NIDRR to support additional training to facilitate the implementation of the ADA. These priorities are in response to that directive. Changes: None. Comment: Four commenters recommended revising or omitting the general requirement that the training projects may not rely primarily on subcontractors to carry out training activities. These commenters indicated that the limitation on subcontracting would limit the cost- effectiveness of the training projects' efforts. In addition, one commenter indicated that this limitation was inconsistent with the requirement that the training projects, to the maximum extent possible, utilize as trainers those individuals with disabilities who have been trained as trainers on the ADA by a NIDRR, EEOC, or DOJ technical assistance or training project. Discussion: The Secretary recognizes that under some circumstances subcontracting is a cost-effective strategy. However, experience has shown that an over-reliance on subcontracting may contribute to quality control problems. In order to reconcile the cost-effectiveness and quality control issues, the Secretary agrees to permit subcontracting when an applicant demonstrates that it is cost-effective and describes how the applicant will directly supervise the subcontractor. The Secretary believes that this change will resolve any potential conflict regarding the requirement to use individuals who have been trained as trainers on the ADA by a NIDRR, EEOC, or DOJ technical assistance or training projects. Changes: The general requirement regarding subcontracting has been revised to require applicants who propose to use subcontractors to demonstrate that it is cost-effective and describe how the applicant will directly supervise the subcontractor (see 34 CFR 75.701). Comment: Four commenters recommended revising the general requirements that the training projects must: (1) Consult with each of NIDRR's DBTACs during the development of its schedule of training activities, and, (2) to the maximum extent feasible, conduct its training activities in collaboration with each of the DBTACs. The commenters felt that the consultation and collaboration requirements would be too demanding logistically. Discussion: The Secretary recognizes the logistical demands that these requirements place on the training projects as well as the DBTACs. However, experience has shown that such requirements are necessary in order to ensure appropriate collaboration between the DBTACs and the training projects. In order to assist the training projects to address the logistical demands that collaboration will create, each of the DBTACs has designated a staff person who will serve as a training coordinator. This DBTAC staff person will serve as the single point of contact for the training projects and will consult with the training project on scheduling and coordinate collaborative training efforts. The Secretary believes that the benefits of increased collaboration outweigh the additional logistical demands placed on the training projects and the DBTACs. Changes: None. Comment: Three commenters recommended requiring the training projects to share information and materials. The commenters suggested requiring the training projects for school districts and family organizations to share relevant materials and information. In addition, one of these commenters suggested requiring that the training project for Hispanics collaborate with the other training projects as well as the DBTACs. Discussion: The Secretary agrees that sharing of information and materials between all of the ADA technical assistance projects is important. NIDRR's Technical Assistance Coordination contractor is responsible for promoting this sharing of information and materials through Project Directors' meetings and regular communication on an electronic bulletin board. Experience has shown that no further requirements are necessary in order to promote the sharing of information and materials among all ADA technical assistance projects. Changes: None. Comment: One commenter suggested revising the general requirement that applicants must describe the training materials that the project will develop as well as identify existing training materials that the project will use. The commenter suggested that applicants should demonstrate their knowledge of and use of training materials developed by NIDRR ADA projects. Discussion: The Secretary believes that training materials developed by NIDRR ADA projects may compose a part of the training materials that applicants identify in response to this requirement. However, the Secretary believes that applicants should have the discretion to identify the materials that they propose to use in the project. Changes: None. Comment: One commenter suggested that applicants be required to demonstrate that a substantial number of individuals with disabilities or family members, as appropriate, be involved in all aspects of the training project. Discussion: All of the training projects must comply with the general requirement that individuals with disabilities or family members or representatives must include individuals with disabilities or their families to the maximum extent possible in all phases of the project's activities. The Secretary does not believe any further requirements are necessary. Changes: None. Comment: One commenter suggested requiring applicants to show prior experience with coordinating and providing national training on the ADA. Discussion: The training project applications will be reviewed to determine to what degree the principal investigator and other key staff have adequate training and/or experience and demonstrate appropriate potential to conduct the training (see 34 CFR 350.34(d)). The Secretary does not believe that any further requirements are necessary. Changes: None. Comment: One commenter was concerned that the establishment of the training projects may give the impression that NIDRR does not have full confidence in the DBTACs. Discussion: The Secretary believes that there is a need for additional training projects. The Secretary wishes to clarify that he has full confidence in the DBTACs. Changes: None. Comment: One commenter suggested requiring that applicants for Priorities 1-5 develop strategies to address the issue of staff turnover among the organizations and programs that receive training. Discussion: The Secretary recognizes that staff turnover is an important issue. The Secretary believes that the projects' model of training a number of individuals (members and staff) of the target organizations will minimize the phenomenon of staff turnover by providing training to more than one key person. The Secretary does not believe that any further requirements are feasible in light of the estimated size of the awards for the projects. Changes: None. Comment: One commenter suggested clarifying the projects' responsibilities to evaluate the impact of their training efforts. Discussion: The Secretary agrees that evaluating the outcomes of the projects is important. The training project applications will be reviewed to determine to what degree there is a mechanism to evaluate the project's results (see 34 CFR 350.34(e)). In addition, NIDRR is considering supporting an external evaluation of the training projects. The Secretary does not believe that any further requirements are necessary. Changes: None. Comment: One commenter was concerned that individuals with certain disabilities would be overlooked in the outreach and training activities of all of the training projects. The commenter indicated that the general requirement regarding delivering training in formats and styles that are accessible to individuals with a range of sensory, communication, cognitive, and learning disabilities was not sufficient to ensure equal opportunity for persons with all types of disabilities. The commenter suggested adding a requirement that the projects must include persons with all types of disabilities in their training. A second commenter, addressing the ILC training project, was concerned that the ILC training project would not include individuals with mental retardation and other cognitive disabilities. Discussion: The Secretary agrees that persons with all types of disabilities should be provided with an equal opportunity to receive training by the projects. The Secretary believes that further clarification in the general requirements is necessary. Changes: The general requirements for the training projects have been revised to require that applicants describe how the training projects will provide persons with all types of disabilities an equal opportunity to receive training. Comment: One commenter suggested requiring the training projects for school districts and State and local ADA coordinators and policymakers to address building partnerships between individuals with disabilities and covered entities. Discussion: The Secretary believes that building partnerships between individuals with disabilities and Title II entities is desirable. The Secretary believes that an applicant for either of these projects could propose to include partnership building in their training. However, the Secretary believes that applicants should be provided with discretion to propose the content of their training. Changes: None. Comment: One commenter suggested two additional priorities for training projects. The commenter suggested one project to train State code official responsible for enforcing State accessibility law, and a second project to impart information about disability rights at all levels of the educational system. Discussion: The Secretary believes that both of these suggestions would contribute to the successful implementation of the ADA. NIDRR will consider these suggestions when developing future technical assistance and training projects. Changes: None. Comment: Two commenters suggested that the notice clarify that non- profit organizations and for-profit organizations are eligible to apply for the training projects. Discussion: The Notice inviting applications for these projects states that parties eligible to apply for grants under this program are public and private nonprofit and for-profit agencies and organizations, including institutions of higher education and Indian tribes and tribal organizations. Changes: None. [FR Doc. 94-13930 Filed 6-7-94; 8:45 am] BILLING CODE 4000-01-P