[Federal Register: August 31, 2000 (Volume 65, Number 170)]
[Notices]
[Page 52996-52998]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au00-52]
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DEPARTMENT OF EDUCATION
Rehabilitation Services Administration
AGENCY: Department of Education.
ACTION: Notice of Final Competitive Preference for Fiscal Year 2001 for
the Rehabilitation Long-Term Training and Rehabilitation Continuing
Education Programs.
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SUMMARY: The Assistant Secretary for the Office of Special Education
and Rehabilitative Services announces the additions of competitive
preference points to the competitions for the Rehabilitation Long-Term
Training and Rehabilitation Continuing Education programs for fiscal
year 2001. This notice contains describes the additional competitive
preference points.
EFFECTIVE DATE: This priority is effective on October 2, 2000.
FOR FURTHER INFORMATION CONTACT: Mary C. Lynch, U.S. Department of
Education, 400 Maryland Avenue, SW, room 3322, Switzer Building,
Washington, DC 20202-2649. Telephone: (202) 205-8291.
If you use a telecommunications device for the deaf (TDD) you may
call the Federal Information Relay Service (FIRS) at 1-800-877-8399.
Internet: Mary_Lynch@ed.gov. Individuals with disabilities may obtain
this document in an alternative format (e.g., Braille, large print,
audiotape, or computer diskette) on request to the contact person
listed in the preceding paragraph.
SUPPLEMENTARY INFORMATION: This notice announces final competitive
preference points under the Rehabilitation Long-Term Training and
Rehabilitation Continuing Education programs. These programs are
authorized under section 302 of the Rehabilitation Act of 1973, as
amended.
On June 30, 2000 the Assistant Secretary published a notice of
proposed competitive preference points for these programs in the
Federal Register (65 FR 40615-40616).
Note: This notice of final competitive preference points does
not solicit applications. A notice inviting applications under this
competition is published in a separate notice in this issue of the
Federal Register.
Analysis of Comments and Changes
In response to the Assistant Secretary's invitation in the notice
of proposed competitive preference points, five parties submitted
comments. An analysis of the comments and of the changes in the
proposed competitive preference points follows. Technical and other
minor changes--and suggested changes the Assistant Secretary is not
legally authorized to make under the applicable statutory authority--
are not addressed.
[[Page 52997]]
Comment: Two commenters supported the proposed competitive
preference points.
Discussion: None.
Change: None.
Comment: One commenter expressed a concern that the proposed
competitive preference points duplicate existing peer review criteria.
Discussion: While the existing peer review criteria do overlap with
the proposed competitive preference points, the selection criteria
relating to outreach to employees with disabilities is included as a
part of a much broader criterion that includes outreach to all
underrepresented populations and general issues related to quality of
project personnel. For this reason, under the current system, the
impact of hiring people with disabilities on peer reviewer scores is
negligible.
Change: None.
Comment: One commenter expressed concern about an increased burden
on the part of an applicant to document past and current practices,
including counting currently employed persons with disabilities as well
as numbers of employees with disabilities employed in the past.
Discussion: The Assistant Secretary does not believe this
constitutes an unreasonable burden, especially as such information is
often reported by applicants in response to current selection criteria.
Change: None.
Comment: One commenter reported that the majority of long term
training grants are directly related to student stipend support, with
little support for recruitment, hiring and retention of staff.
Therefore it places an additional burden on the applicant organization
to hire people with disabilities with non-project funding.
Discussion: The Assistant Secretary believes that hiring of people
with disabilities is good practice regardless of the source of funds
used for staff.
Change: None.
Comment: One commenter challenged the need for the proposed
competitive preference points, suggesting that the Department of
Education should first assess the current degree to which grantees are
recruiting and hiring persons with disabilities, and the degree to
which they are having difficulties in doing so. Decisions on
competitive preference points could be made based upon the results of
that assessment.
Discussion: The Assistant Secretary believes that the need is self-
evident, and there is no need for an elaborate assessment to document
this need.
Change: None.
Comment: One commenter expressed concerns about accountability--for
example, a project may hire or have strategies to hire people with
disabilities, but not fulfill those strategies once they secure the
grant.
Discussion: The points are only partially distributed based upon a
plan or strategy to provide outreach and hire people with disabilities,
not necessarily the success of their efforts. It is important to note
that past efforts will likely have substantial influence on the actual
number of points, if any, an applicant receives.
Changes: None.
Comment: Two commenters expressed concern that there may be
inequities in the way in which applicants define an ``individual with a
disability'' resulting in unfair application of the competitive
preference points.
Discussion: The following ADA definition of an ``individual with
disability'', will serve as the basis for purposes of competitive
preference points:
(i) Has a physical or mental impairment which substantially limits
one or more of such person's major life activities;
(ii) Has a record of such an impairment; or
(iii) Is regarded as having such an impairment.
Change: None.
Comment: Three commenters expressed concern about inequitable
assignment of points--how the points will be applied--number of people
with disability, full versus part time, on board versus proposed,
position on the project, type of disability, etc? One of these
commenters asked specifically about ``bad timing'' such as a case in
which the organization has a good track record in hiring people with
disabilities, but recently loses an employee with a disability. The
commenter asks if this bad timing will result in a lower score.
Discussion: Peer reviewers will receive a thorough orientation as
to the applicability of the points and how to assign them. As suggested
in the notice of proposed competitive priority, it will focus primarily
on past history of and strategies for hiring staff with disabilities,
project staff and plans for outreach to hire additional staff.
Change: None.
Comment: Two commenters made note that it may be difficult to
substantiate information on people with disabilities serving as project
staff. For example, some people with disabilities prefer not to self
disclose, and some university policies do not allow their departments
to require an applicant/employee to report a disability.
Discussion: Based upon experience with current and former grantees,
the Assistant Secretary believes that substantiation will be a minor
issue.
Change: None.
Comment: Two commenters expressed concerns over how to apply the
points when compounded by other factors such as the ethnic composition
of staff and veteran/nonveteran status.
Discussion: The sole factor addressed in the competitive preference
points concerns disability. Other factors may be addressed elsewhere in
the other selection criteria pertaining to a particular competition.
Change: None.
Comment: One commenter suggested alternative strategies for
accomplishing the goal of hiring more people with disabilities by
OSERS-funded projects, including revising the current scoring system to
include this dimension and having RSA staff work with existing programs
where needed.
Discussion: The Assistant Secretary agrees that these may be
effective strategies as supplements to the proposed competitive
preference points, and may consider them independent of the competitive
preference points.
Change: None.
Comment: One commenter noted that there was no documented
consultation with professional organizations in the formulation of the
proposed competitive preference points or in the formulation of this
final notice.
Discussion: While no consultation is required in the formulation of
such notices, the notice of proposed competitive preference points is
an opportunity to obtain comments and input from professional
organizations and others on these matters.
Change: None.
Competitive Preference: The Assistant Secretary will use the
selection criteria in 34 CFR 385.31, 386.20 and 389.30 to evaluate
applications under this program. The maximum score for all the criteria
is 100 points; however, the Assistant Secretary will also use the
following criterion so that up to an additional ten points may be
earned by an applicant for a total possible score of 110 points.
Within the Rehabilitation Long-Term Training and Rehabilitation
Continuing Education program, we will give the following competitive
preference under 34 CFR 75.105(c)(2)(i) to applications that are
otherwise eligible for funding under the competitions.
Up to ten (10) points based on the extent to which an application
includes
[[Page 52998]]
effective strategies for employing and advancing in employment
qualified individuals with disabilities in projects awarded under the
competition. In determining the effectiveness of those strategies, we
will consider the applicant's prior success, as described in the
application, in employing and advancing in employment qualified
individuals with disabilities.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at either of the
following sites:
http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html
To use PDF you must have Adobe Acrobat Reader, which is available
free at either of the preceding sites. If you have questions about
using the PDF, call the U.S. Government Printing Office (GPO), toll
free, at 1-888-293-6498; or in the Washington, D.C. area at (202) 512-
1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://
www.access.gpo.gov/nara/index.html.
Applicable Program Regulations: 34 CFR Parts 385, 386 and 389.
Program Authority: 29 U.S.C. 774.
(Catalog of Federal Domestic Assistance Number: 84.129 and 84.264,
the Rehabilitation Long-Term Training, and Rehabilitation Continuing
Education Program.)
Dated: August 25, 2000.
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 00-22244 Filed 8-30-00; 8:45 am]
BILLING CODE 4000-01-P