Centers for Independent Living Program-Training and Technical Assistance, 34450-34454 [E7-12115]
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Federal Register / Vol. 72, No. 120 / Friday, June 22, 2007 / Notices
the filing of an Unfair Labor practice
complaint which has been referred to
the Federal Labor Relations Authority
(FLRA) for resolution, or who are
involved in a labor negotiations impasse
which has been referred to the Federal
Service Impasses Panel or an interest
arbitrator for resolution, or who are
involved in a negotiability dispute
which has been referred to the FLRA for
resolution; union officials and
representatives (both Navy employees
and non-employees) involved in the
aforementioned processes and in
national consultation; independent
arbitrators involved in grievance and
interest arbitrations concerning Don
activities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records are comprised of (1) Manual
files maintained in paper folders,
manually filed by type of case and case
number (not individual). Folder
contains all information pertaining to a
specific case. Field activities maintain
manual rosters of local union officials
and representatives. OCHR maintains
manual roster of addresses and files
concerning national consultation with
national/international unions regarding
changes in Departmental level civilian
personnel policies. (2) Some commands
and field activities keep electronic
records by type of case and case number
(not individual) in localized case
tracking systems. Bargaining unit files
contain information about each
bargaining unit, including contact
information on union officials.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 7101–7135.
To manage the Labor-Management
Relations Program, e.g., administration/
implementation of arbitration awards;
processing of unfair labor practice
charges; adjudication of negotiability
disputes, resolution of negotiations
impasses; interpretation of 5 U.S.C.
7101–7135 through 3rd party case
decisions; national consultation and
other dealings with recognized unions.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
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RECORD ACCESS PROCEDURES:
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
RECORD SOURCE CATEGORIES:
STORAGE:
Paper records in file folders and
electronic storage media.
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records
or information contained therein may
specifically be disclosed outside the
DoD as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
To representatives of the Office of
Personnel Management on matters
relating to the inspection, survey, audit,
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Manual records are retrieved by case
subject, case number, and/or individual
employee names. Electronic records are
retrieved by case subject, activity,
bargaining unit, servicing personnel
office, command, or 3rd party docket
number.
SAFEGUARDS:
All files are accessible only to
authorized personnel having a need-toknow. Access to the electronic data base
is controlled through the use of security
codes.
Case files are maintained in
accordance with records retention
schedules. Files involved in
administrative or judicial litigation may
be permanently maintained. Union
official rosters are normally destroyed
after a new roster has been established.
SYSTEM MANAGER(S) AND ADDRESS:
OCHR Labor and Employee Relations
Division (Code 012), 614 Sicard Street,
SE., Suite 100, Washington Navy Yard,
DC 20374–5072.
NOTIFICATION PROCEDURE:
Individuals seeking to determine
whether this system contains
information about themselves should
address written inquiries to the OCHR
Labor and Employee Relations Division
(Code 012), 614 Sicard Street, SE., Suite
100, Washington Navy Yard, DC 20374–
5072, their servicing HRO or HRSC.
Request should contain individual’s
full name, any particulars, and signed.
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Individuals seeking access to
information about themselves contained
in this system should address written
inquiries to the OCHR Labor and
Employee Relations Division (Code
012), 614 Sicard Street, SE., Suite 100,
Washington Navy Yard, DC 20374–
5072, their servicing HRO or HRSC.
Request should contain full name, any
particulars, and signed.
CONTESTING RECORD PROCEDURES:
The Navy’s rules for accessing
records, and for contesting contents and
appealing initial agency determinations
are published in Secretary of the Navy
Instruction 5211.5; 32 CFR part 701; or
may be obtained from the system
manager.
DON Human Resource Services
Centers, Human Resources Offices,
arbitrators, and labor organizations
(unions).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
RETRIEVABILITY:
RETENTION AND DISPOSAL:
PURPOSE(S):
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or evaluation of DON Civilian Human
Resources Programs.
To the Comptroller General or any of
his authorized representatives, in the
course of the performance of duties of
the Government Accountability Office
relating to the DON’s Labor
Management Relations Program. To a
duly appointed hearing examiner,
Administrative Law Judge, arbitrator, or
other proper 3rd party for the purpose
of conducting a hearing or inquiry in
connection with an employee’s
grievance, unfair labor practice charge,
impasse, negotiability appeal, or other
labor relations dispute.
The ‘Blanket Routine Uses’ that
appear at the beginning of the Navy’s
compilation of systems of records apply
to this system.
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[FR Doc. E7–12158 Filed 6–21–07; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF EDUCATION
Centers for Independent Living
Program—Training and Technical
Assistance
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Notice of final priorities.
AGENCY:
SUMMARY: The Assistant Secretary for
the Office of Special Education and
Rehabilitative Services (OSERS)
announces two priorities under the
Centers for Independent Living (CIL)
Program—Training and Technical
Assistance. The Assistant Secretary may
use one or more of these priorities for
competitions in fiscal year (FY) 2007
and in later years. We take this action
to improve the CIL program efficiency,
quality of evaluation methods for CIL
program activities, and outcomes for
individuals with significant disabilities
who receive independent living services
from CILs and to improve the
performance of Statewide Independent
Living Councils (SILCs).
EFFECTIVE DATE: These priorities are
effective July 23, 2007.
FOR FURTHER INFORMATION CONTACT:
Sean Barrett, U.S. Department of
Education, 400 Maryland Avenue, SW.,
room 5042, Potomac Center Plaza,
Washington, DC 20202. Telephone:
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(202) 245–7604 or via Internet:
sean.barrett@ed.gov.
If you use a telecommunications
device for the deaf (TDD), you may call
the TDD number at (866) 889–6737.
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
under FOR FURTHER INFORMATION
CONTACT.
We
published a notice of proposed
priorities (NPP) for this competition in
the Federal Register on March 6, 2007
(72 FR 9936). The NPP included a
background statement that described
our rationale for each priority proposed
in that notice. Except for minor editorial
revisions, there are no differences
between the NPP and this notice of final
priorities.
SUPPLEMENTARY INFORMATION:
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Analysis of Comments and Changes
In response to our invitation in the
NPP, 23 parties submitted comments on
the proposed priorities. An analysis of
the comments and our responses
follows.
Generally, we do not address
technical and other minor changes and
suggested changes the law does not
authorize us to make under the
applicable statutory authority.
Comment: Sixteen commenters
opposed the Department’s proposal to
establish two separate priorities and
award separate training and technical
assistance grants for CILs and SILCs,
while two commenters supported the
Department’s proposal. Those
commenters opposed to separate grants
for CILs and SILCs expressed many of
the same concerns. A majority of these
commenters noted that CILs and SILCs
have similar goals and require similar
knowledge if they are to work together
to achieve those goals. They opined that
a training program in which CILs and
SILCs are trained together allows the
CILs and SILCs to understand the
activities, needs, and issues of one
another and that establishing two
separate priorities and awarding
separate grants would be a barrier to
effective communication and
collaboration between CILs and SILCs.
Several commenters regarded the
awarding of separate grants to CILs and
SILCs as inefficient because of
duplicative administrative structures.
One of these commenters was
specifically concerned that there may
not be enough funding for
comprehensive training to SILCs, given
that there are many fewer SILCs to be
trained than CILs.
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A few commenters suggested that the
intent of the 1992 technical
amendments to the Rehabilitation Act of
1973, as amended (the Act) that
authorized SILCs, in addition to CILs, to
receive training and technical assistance
was that the training and technical
assistance be shared with the CILs.
These commenters expressed concern
that separate grants would increase the
likelihood of CILs and SILCs receiving
conflicting information.
Discussion: While CILs and SILCs
share a common goal of improving
independent living outcomes for
persons with significant disabilities,
their statutorily established activities
and responsibilities (reflected in
sections 705 and 725 of the Act) are
fundamentally different. The
establishment of separate priorities and
the awarding of separate grants will
permit grantees to focus training and
technical assistance on the specific
needs of CILs and SILCs to ensure that
the unique activities and
responsibilities of the CILs and SILCs
are addressed. Rather than create a
barrier to collaboration between CILs
and SILCs, we believe the establishment
of separate priorities and the awarding
of separate grants will produce CILs and
SILCs that are well-trained on their
respective responsibilities and that are
better able to communicate and
collaborate with their independent
living counterparts in the State.
Although one grantee may be
providing training and technical
assistance to CILs and another grantee
may be providing training and technical
assistance to SILCs, the CILs and SILCs
will learn about each other in the course
of the training and technical assistance
they receive. We recognize that,
although CILs and SILCs occupy
different roles in a State’s independent
living program, CILs and SILCs must
understand each other, interact closely,
and work well together to improve the
delivery of independent living services
to individuals with significant
disabilities in their State. For this
reason, the priorities established in this
notice of final priorities require grantees
to collaborate and coordinate with each
other, and other training and technical
assistance projects, in order to ensure
that CILs and SILCs receive accurate
and consistent information about
themselves and each other.
The 1992 technical amendments to
the Act authorized the SILCs to receive
training and technical assistance and
clearly indicated the intent of Congress
that the Department fund a project to
provide such training and technical
assistance. However, the amendments
did not require that training and
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technical assistance be provided by a
single grantee that also provides training
and technical assistance to CILs. The
Act provides the Department with the
discretion to determine how the training
and technical assistance will be
provided.
We recognize the potential
duplication of administrative costs that
may result from funding two grantees
under separate priorities. However, we
believe that focusing resources on
meeting the unique needs of CILs and
SILCs creates benefits that outweigh the
potential duplication of administrative
costs. While we recognize that there are
fewer SILCs than CILs, we anticipate
that sufficient funding will be available
for a grantee serving SILCs to
accomplish its training and technical
assistance goals and objectives for the
SILCs. Finally, we note that a single
entity can apply for both grants with
separate applications, potentially
reducing post-award duplicative
administrative costs.
Changes: None.
Comment: Five commenters
addressed the content requirements of
the training and technical assistance
that the grantees will provide. Four of
these commenters suggested that the
two priorities should require training
and technical assistance on specific
issues, including transition, veterans’
needs, disaster recovery, CIL Board
member selection and training,
outreach, succession planning, risk
assessment, liability, and insurance
coverage. The fifth commenter asked for
clarification as to whether applicants
were precluded from addressing youth
transition issues under the priorities
because the NPP noted that the
Department currently funds a training
and technical assistance grant that
focuses on the issue of service delivery
to young people with disabilities as they
transition from school to living
independently.
Discussion: CILs and SILCs around
the country have different training and
technical assistance needs depending
upon a variety of factors, including, but
not limited to, whether the CIL is
located in an urban or rural area, the
experience and background of CIL board
members or SILC members, and whether
the CIL is well-established or relatively
new. We expect grantees to identify, and
to propose training content that
addresses issues that are specific to the
needs of individual CILs or SILCs as
well as those common to a number of
CILs or SILCs. Requiring grantees under
these priorities to address certain
content areas could limit the ability of
the grantees to address other issues or
emerging training and technical
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assistance needs. We prefer to provide
applicants with the flexibility to
propose the content of the specific
training and technical assistance they
intend to provide and to describe how
they determined the content areas and
the need for training and technical
assistance in those areas. The
application review process will evaluate
the merits of the proposed content of the
training and technical assistance.
Regarding the commenter’s request for
clarification, the NPP noted that the
Department currently funds a training
and technical assistance grant focusing
on youths in transition and stated that
the two priorities proposed for CILs and
SILCs would be for general,
comprehensive training and technical
assistance. That said, an applicant for a
grant under one of the two priorities
established in this notice is not
precluded from including transitioning
youths as a content area in its proposed
training and technical assistance. Any
applicant that identifies training and
technical assistance on youths in
transition as a need and proposes such
training must show, as required by each
priority, how it will coordinate and
collaborate with the other Departmentfunded training and technical assistance
projects, including the one that focuses
on transition, in order to ensure that
training and technical assistance
activities are complementary and nonduplicative and that dissemination
activities are effective and efficient.
Changes: None.
Comment: Three commenters stated a
concern that grantees will not be able to
provide training and technical
assistance to CILs and SILCs within a
wide geographic range, including rural
areas.
Discussion: Both priorities established
in this notice require grantees to
develop and implement a plan to
provide training and technical
assistance to all federally funded CILs
and all SILCs. These requirements are
sufficient to ensure that the grantees
under these priorities provide training
and technical assistance to CILs and
SILCs within a wide geographic range,
including rural areas. The application
review process will evaluate the merits
of the applications in this regard.
Changes: None.
Comment: One commenter
recommended requiring grantees to
collaborate with a number of resources,
including State associations of CILs,
State agencies that administer funding
to CILs, and the National Council on
Independent Living.
Discussion: The priorities establish
minimum requirements for
collaboration by the grantees. Under
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each priority, an applicant could
propose to collaborate with additional
entities, including State associations of
CILs, State agencies that administer
funding to CILs, or the National Council
on Independent Living. Applicants have
the flexibility to propose additional
partners with which they plan to
collaborate under the priorities. The
application review process will evaluate
the merits of any additional proposed
collaborative partners.
Changes: None.
Comment: Three commenters
recommended adding a requirement
that the application review panel and
applicants be ‘‘consumer-controlled’’,
i.e., have a majority of individuals with
disabilities in decision-making
positions.
Discussion: The CIL program
regulations in 34 CFR 366.10 state that,
in order to be eligible to receive funding
to provide training and technical
assistance, entities must have
experience in the operation of centers.
Nothing in the Act or the program
regulations gives the Department the
discretion to limit eligibility to only
those applicants who are consumercontrolled entities.
The program regulations in 34 CFR
366.12(b) also state that the peer review
of grant applications by panels must
include persons who are not Federal
government employees and who have
experience in the operation of centers.
Nothing in the Act or the program
regulations gives the Department the
discretion to limit peer review panels to
only individuals with disabilities. We
make every effort to ensure that the
application review panels include
highly qualified individuals with
disabilities from diverse backgrounds
who have the content expertise
required.
Finally, we note that the selection
criteria used by the application review
panel to evaluate applications for
training and technical assistance awards
includes, in 34 CFR 366.15(d)(v), an
examination of the extent to which the
applicant encourages applications for
employment from persons who are
members of groups that have been
traditionally under-represented,
including persons with disabilities.
Changes: None.
Comment: One commenter
recommended requiring grantees under
these priorities to utilize a peer-to-peer
training model.
Discussion: There are many possible
training models that a grantee can use,
including a peer-to-peer model. We
prefer to provide applicants with the
flexibility to propose the training
models that the training and technical
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assistance project will employ. The
application review process will evaluate
the merits of the training models that
applicants propose.
Changes: None.
Comment: One commenter expressed
concern over the large number of
entities to be served by the grants.
Discussion: We anticipate that the
five-year grant period and projected
funding levels for the grants will be
sufficient to ensure that the needs of the
CILs and SILCs served by the training
and technical assistance providers will
be addressed.
Changes: None.
Comment: One commenter
recommended that the grantees
subcontract with CILs and SILCs to
provide the training and technical
assistance.
Discussion: Consistent with
applicable regulations, grantees have the
authority to enter into subcontracts, and
applicants can propose to subcontract
with CILs or SILCs. If an applicant
chooses to enter into subcontracts, we
prefer to provide applicants with the
discretion to choose the subcontractors.
The application review process will
evaluate the merits of any proposed
subcontracts.
Changes: None.
Comment: One commenter opposed
the establishment of both priorities
because the commenter claimed that the
current train-the-trainer-model has been
ineffective and, as a result, the needs of
individuals with significant disabilities
are not being met.
Discussion: The Department does not
believe that the training provided to
CILs and SILCs has been ineffective.
The Department is legally required to
set aside funding from the CIL program
to provide training and technical
assistance to CILs, eligible agencies, and
SILCs. Moreover, there is a continuing
need for training and technical
assistance to CILs due to the formation
of new CILs, the expansion or change of
existing CILs, and personnel changes in
the CILs. Likewise, there is a continuing
need for training and technical
assistance for SILCs due to the varied
backgrounds of the SILC members, the
turnover of SILC membership, and the
rotational appointment of SILC
members. Further, because CILs deliver
services directly to individuals with
significant disabilities and because
SILCs provide a forum for all
independent living stakeholders in the
State to set policy for the State’s
independent living program, it is
important to provide timely and
targeted training to each type of entity.
The goal of training both the CILs and
the SILCs is to enable them to carry out
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their respective functions and,
ultimately, to better prepare them to
meet the needs of individuals with
significant disabilities and improve
outcomes for those individuals who
receive independent living services.
Changes: None.
Note: This notice does not solicit
applications. In any year in which we choose
to use one or more of these priorities, we
invite applications through a notice in the
Federal Register. When inviting applications
we designate each priority as absolute,
competitive preference, or invitational. The
effect of each type of priority follows:
Absolute priority: Under an absolute
priority we consider only applications that
meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a
competitive preference priority we give
competitive preference to an application by
either (1) awarding additional points,
depending on how well or the extent to
which the application meets the competitive
preference priority (34 CFR 75.105(c)(2)(i));
or (2) selecting an application that meets the
competitive preference priority over an
application of comparable merit that does not
meet the priority (34 CFR 75.105(c)(2)(ii)).
Invitational priority: Under an invitational
priority we are particularly interested in
applications that meet the invitational
priority. However, we do not give an
application that meets the invitational
priority a competitive or absolute preference
over other applications (34 CFR 75.105(c)(1)).
Priorities
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Priority 1—Centers for Independent
Living (CILs) Training and Technical
Assistance Center
This priority supports a CILs Training
and Technical Assistance Center (CILs
T&TA Center) to improve the
performance of CILs by providing
training and technical assistance to the
CILs on the programmatic and financial
aspects of their operations, including
information on effective practices and
proven solutions to common problems.
CILs are distributed across the Nation
and vary in size, stage of development,
service area characteristics, and urgency
of need for training and technical
assistance. Therefore, the training and
technical assistance provided by the
CILs T&TA Center must be sensitive to
this diversity and must encompass a
broad range of topics.
The CILs T&TA Center must make
available to all CILs a broad array of
resources, training, and technical
assistance. In addition, the CILs T&TA
Center must address the specific needs
of CILs by providing those CILs that
require it with intensive,
individualized, on-site training and
technical assistance that meets their
needs. In this regard, the CILs T&TA
Center must be prepared to respond
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promptly to the Department’s
identification of particular training and
technical assistance needs in general
and those of particular CILs.
In coordination with the Department,
the CILs T&TA Center must—
(a) Develop and provide training and
technical assistance, based on the CILs’
annual performance report survey and
other available data, on topics related to
the provision and expansion of
independent living (IL) services
(primarily the IL core services), fiscal
and management practices, compliance
with CIL standards and assurances,
increased program efficiency, rigorous
evaluation, and improved outcomes as
measured by long-term goals and
indicators;
(b) Develop and implement a plan to
ensure that training and technical
assistance efforts will reach all federally
funded CILs and other eligible agencies;
(c) Refer CILs and eligible agencies to
non-IL specific training and technical
assistance available through government
or non-government resources;
(d) Utilize a broad range of available,
accessible technologies and
methodologies to provide training and
technical assistance to CILs and eligible
agencies in the most effective and cost
efficient manner;
(e) Provide focused, intensive and
rapid training and technical assistance
to CILs identified by the Department as
needing, or to CILs requesting, such
assistance;
(f) Identify and develop accessible
training and technical assistance
materials and disseminate these
materials to CILs and eligible agencies;
and
(g) Coordinate and collaborate with
other training and technical assistance
projects funded by the Department to
ensure that training and technical
assistance activities are complementary
and non-duplicative and that
dissemination activities are effective
and efficient. At a minimum, the CILs
T&TA Center must coordinate with any
SILC Training and Technical Assistance
Center funded under the Statewide
Independent Living Councils (SILCs)
Training and Technical Assistance
Center priority.
Priority 2—Statewide Independent
Living Councils (SILCs) Training and
Technical Assistance Center
This priority supports a SILCs
Training and Technical Assistance
Center (SILCs T&TA Center) to improve
the performance of SILCs through
greater access to timely and relevant
training and technical assistance
regarding SILC duties and operation.
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In coordination with the Department,
the SILCs T&TA Center must—
(a) Develop and provide training and
technical assistance, based on the SILCs’
annual performance report survey and
other available data, on topics directly
related to SILC legal responsibilities,
including SILC organization and
operation and the development of the
SPIL;
(b) Develop and implement a plan to
provide to all SILCs the training and
technical assistance identified in
paragraph (a) of this priority;
(c) Refer SILCs to non-IL specific
training and technical assistance
available through government or nongovernment resources;
(d) Utilize a broad range of available,
accessible technologies and
methodologies to provide training and
technical assistance to SILCs in the most
effective and cost efficient manner;
(e) Identify and develop accessible
training and technical assistance
materials and disseminate these
materials to the SILCs;
(f) Provide training and technical
assistance to SILCs to enhance SILC
partnerships with State vocational
rehabilitation agencies, CILs, and other
organizations, with a focus on sharing
successful operational experiences of
other SILCs;
(g) Coordinate and collaborate with
other training and technical assistance
projects funded by the Department to
ensure that training and technical
assistance activities are complementary
and non-duplicative and dissemination
activities are effective and efficient. At
a minimum, the SILCs T&TA Center
must coordinate with any CILs Training
and Technical Assistance Center funded
under the Centers for Independent
Living (CILs) Training and Technical
Assistance Center priority.
Executive Order 12866
This notice of final priorities has been
reviewed in accordance with Executive
Order 12866. Under the terms of the
order, we have assessed the potential
costs and benefits of this regulatory
action.
The potential costs associated with
the notice of final priorities are those
resulting from statutory requirements
and those we have determined are
necessary for administering this
program effectively and efficiently.
In assessing the potential costs and
benefits—both quantitative and
qualitative—of this notice of final
priorities, we have determined that the
benefits of the final priorities justify the
costs.
We have also determined that this
regulatory action does not unduly
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interfere with State, local, and tribal
governments in the exercise of their
governmental functions.
of Federal Regulations is available on GPO
Access at: https://www.gpoaccess.gov/nara/
index.html.
Summary of Potential Costs and
Benefits
Because the Department is proposing
two priorities that may be used in two
separate competitions, rather than in a
single competition, the potential for
increased application costs exists for an
applicant that chooses to apply for both
grants under both priorities. However,
both priorities share the same overall
objective—improved performance in the
CIL program—and applications under
both priorities would likely include
common elements. This overlap may
minimize any increased costs associated
with using the two priorities in separate
competitions.
Moreover, for an applicant that
chooses to apply for only one grant, the
two-priority approach would have the
potential of reducing the application
costs for that applicant. The Department
believes that the potential benefits to the
CIL program from a more focused,
specialized approach to training and
technical assistance for CILs and SILCs
would outweigh any possible increase
in associated application costs.
(Catalog of Federal Domestic Assistance
Number 84.132B, Independent Living
Program—Training and Technical Assistance
Center).
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Intergovernmental Review
This program is subject to Executive
Order 12372 and the regulations in 34
CFR part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
Applicable Program Regulations: 34
CFR 366.
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 the following site: www.ed.gov/news/
fedregister.
To use PDF you must have Adobe
Acrobat Reader, which is available free
at this site. If you have questions about
using PDF, call the U.S. Government
Printing Office (GPO), toll free, at
1–888–293–6498; or in the Washington,
DC, 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
VerDate Aug<31>2005
16:51 Jun 21, 2007
Jkt 211001
Program Authority: 29 U.S.C. 796f(b).
Dated: June 19, 2007.
John H. Hager,
Assistant Secretary for Special Education and
Rehabilitative Services.
[FR Doc. E7–12115 Filed 6–21–07; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Office of Special Education and
Rehabilitative Services; Overview
Information; Centers for Independent
Living—Training and Technical
Assistance; Notice Inviting
Applications for New Awards for Fiscal
Year (FY) 2007
Catalog of Federal Domestic Assistance
(CFDA) Number: 84.132B.
Applications Available: June 22, 2007.
Date of Pre-Application Meeting: July
2, 2007.
Deadline for Transmittal of
Applications: August 6, 2007.
Deadline for Intergovernmental
Review: October 3, 2007.
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: To provide
training and technical assistance with
respect to planning, developing,
conducting, administering, and
evaluating centers for independent
living to the following entities: Centers
for independent living (CILs), eligible
agencies, and Statewide Independent
Living Councils (SILCs).
A CIL is a consumer-controlled,
community-based, cross-disability,
nonresidential private nonprofit agency
that is designed and operated within a
local community by individuals with
disabilities and that provides an array of
independent living services. An eligible
agency is a consumer-controlled,
community-based, cross-disability,
nonresidential, private nonprofit
agency.
Each State establishes a SILC that
jointly develops and signs the State Plan
for Independent Living with the
Designated State Unit and monitors,
reviews, and evaluates the
implementation of the State plan. A
majority of a SILC’s members are
individuals with disabilities, and other
members include CIL representatives
and State agency representatives, as
well as other appropriate individuals.
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
The purpose of independent living
services is to maximize independence,
productivity, empowerment, and
leadership of individuals with
significant disabilities and integrate
these individuals into the mainstream of
society.
Priorities: These priorities are from
the notice of final priorities for this
program, published elsewhere in this
issue of the Federal Register.
Absolute Priorities: For FY 2007 these
priorities are absolute priorities. Under
34 CFR 75.105 (c)(3) we consider only
applications that meet one or more of
these priorities.
These priorities are:
Priority 1—Centers for Independent
Living (CILs) Training and Technical
Assistance Center.
Priority 2—Statewide Independent
Living Councils (SILCs) Training and
Technical Assistance Center.
Program Authority: 29 U.S.C. 796f.
Applicable Regulations: (a) The
Education Department General
Administrative Regulations (EDGAR) in
34 CFR parts 74, 75, 77, 79, 80, 81, 82,
84, 85, 86, and 97. (b) The regulations
for this program in 34 CFR part 366. (c)
The notice of final priorities published
elsewhere in this issue of the Federal
Register.
Note: The regulations in 34 CFR part 79
apply to all applicants except federally
recognized Indian tribes.
Note: The regulations in 34 CFR part 86
apply to institutions of higher education
only.
II. Award Information
Type of Award: Cooperative
agreements.
Estimated Available Funds:
$1,329,327 ($1,004,327 for Priority 1
and $325,000 Priority 2).
Maximum Award: We will reject any
application that proposes a budget
exceeding $1,004,327 for Priority 1 and
$325,000 for Priority 2 for a single
budget period of 12 months. The
Assistant Secretary for Special
Education and Rehabilitative Services
may change the maximum amount
through a notice published in the
Federal Register.
Estimated Number of Awards: 2 (one
for Priority 1 and one for Priority 2).
Note: The Department is not bound by any
estimates in this notice.
Project Period: Up to 60 months.
III. Eligibility Information
1. Eligible Applicants: Entities that
have experience in the operation of
centers for independent living.
E:\FR\FM\22JNN1.SGM
22JNN1
]]>Agencies
[Federal Register Volume 72, Number 120 (Friday, June 22, 2007)]
[Notices]
[Pages 34450-34454]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12115]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Centers for Independent Living Program--Training and Technical
Assistance
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Notice of final priorities.
-----------------------------------------------------------------------
SUMMARY: The Assistant Secretary for the Office of Special Education
and Rehabilitative Services (OSERS) announces two priorities under the
Centers for Independent Living (CIL) Program--Training and Technical
Assistance. The Assistant Secretary may use one or more of these
priorities for competitions in fiscal year (FY) 2007 and in later
years. We take this action to improve the CIL program efficiency,
quality of evaluation methods for CIL program activities, and outcomes
for individuals with significant disabilities who receive independent
living services from CILs and to improve the performance of Statewide
Independent Living Councils (SILCs).
EFFECTIVE DATE: These priorities are effective July 23, 2007.
FOR FURTHER INFORMATION CONTACT: Sean Barrett, U.S. Department of
Education, 400 Maryland Avenue, SW., room 5042, Potomac Center Plaza,
Washington, DC 20202. Telephone:
[[Page 34451]]
(202) 245-7604 or via Internet: sean.barrett@ed.gov.
If you use a telecommunications device for the deaf (TDD), you may
call the TDD number at (866) 889-6737.
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 under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: We published a notice of proposed priorities
(NPP) for this competition in the Federal Register on March 6, 2007 (72
FR 9936). The NPP included a background statement that described our
rationale for each priority proposed in that notice. Except for minor
editorial revisions, there are no differences between the NPP and this
notice of final priorities.
Analysis of Comments and Changes
In response to our invitation in the NPP, 23 parties submitted
comments on the proposed priorities. An analysis of the comments and
our responses follows.
Generally, we do not address technical and other minor changes and
suggested changes the law does not authorize us to make under the
applicable statutory authority.
Comment: Sixteen commenters opposed the Department's proposal to
establish two separate priorities and award separate training and
technical assistance grants for CILs and SILCs, while two commenters
supported the Department's proposal. Those commenters opposed to
separate grants for CILs and SILCs expressed many of the same concerns.
A majority of these commenters noted that CILs and SILCs have similar
goals and require similar knowledge if they are to work together to
achieve those goals. They opined that a training program in which CILs
and SILCs are trained together allows the CILs and SILCs to understand
the activities, needs, and issues of one another and that establishing
two separate priorities and awarding separate grants would be a barrier
to effective communication and collaboration between CILs and SILCs.
Several commenters regarded the awarding of separate grants to CILs
and SILCs as inefficient because of duplicative administrative
structures. One of these commenters was specifically concerned that
there may not be enough funding for comprehensive training to SILCs,
given that there are many fewer SILCs to be trained than CILs.
A few commenters suggested that the intent of the 1992 technical
amendments to the Rehabilitation Act of 1973, as amended (the Act) that
authorized SILCs, in addition to CILs, to receive training and
technical assistance was that the training and technical assistance be
shared with the CILs. These commenters expressed concern that separate
grants would increase the likelihood of CILs and SILCs receiving
conflicting information.
Discussion: While CILs and SILCs share a common goal of improving
independent living outcomes for persons with significant disabilities,
their statutorily established activities and responsibilities
(reflected in sections 705 and 725 of the Act) are fundamentally
different. The establishment of separate priorities and the awarding of
separate grants will permit grantees to focus training and technical
assistance on the specific needs of CILs and SILCs to ensure that the
unique activities and responsibilities of the CILs and SILCs are
addressed. Rather than create a barrier to collaboration between CILs
and SILCs, we believe the establishment of separate priorities and the
awarding of separate grants will produce CILs and SILCs that are well-
trained on their respective responsibilities and that are better able
to communicate and collaborate with their independent living
counterparts in the State.
Although one grantee may be providing training and technical
assistance to CILs and another grantee may be providing training and
technical assistance to SILCs, the CILs and SILCs will learn about each
other in the course of the training and technical assistance they
receive. We recognize that, although CILs and SILCs occupy different
roles in a State's independent living program, CILs and SILCs must
understand each other, interact closely, and work well together to
improve the delivery of independent living services to individuals with
significant disabilities in their State. For this reason, the
priorities established in this notice of final priorities require
grantees to collaborate and coordinate with each other, and other
training and technical assistance projects, in order to ensure that
CILs and SILCs receive accurate and consistent information about
themselves and each other.
The 1992 technical amendments to the Act authorized the SILCs to
receive training and technical assistance and clearly indicated the
intent of Congress that the Department fund a project to provide such
training and technical assistance. However, the amendments did not
require that training and technical assistance be provided by a single
grantee that also provides training and technical assistance to CILs.
The Act provides the Department with the discretion to determine how
the training and technical assistance will be provided.
We recognize the potential duplication of administrative costs that
may result from funding two grantees under separate priorities.
However, we believe that focusing resources on meeting the unique needs
of CILs and SILCs creates benefits that outweigh the potential
duplication of administrative costs. While we recognize that there are
fewer SILCs than CILs, we anticipate that sufficient funding will be
available for a grantee serving SILCs to accomplish its training and
technical assistance goals and objectives for the SILCs. Finally, we
note that a single entity can apply for both grants with separate
applications, potentially reducing post-award duplicative
administrative costs.
Changes: None.
Comment: Five commenters addressed the content requirements of the
training and technical assistance that the grantees will provide. Four
of these commenters suggested that the two priorities should require
training and technical assistance on specific issues, including
transition, veterans' needs, disaster recovery, CIL Board member
selection and training, outreach, succession planning, risk assessment,
liability, and insurance coverage. The fifth commenter asked for
clarification as to whether applicants were precluded from addressing
youth transition issues under the priorities because the NPP noted that
the Department currently funds a training and technical assistance
grant that focuses on the issue of service delivery to young people
with disabilities as they transition from school to living
independently.
Discussion: CILs and SILCs around the country have different
training and technical assistance needs depending upon a variety of
factors, including, but not limited to, whether the CIL is located in
an urban or rural area, the experience and background of CIL board
members or SILC members, and whether the CIL is well-established or
relatively new. We expect grantees to identify, and to propose training
content that addresses issues that are specific to the needs of
individual CILs or SILCs as well as those common to a number of CILs or
SILCs. Requiring grantees under these priorities to address certain
content areas could limit the ability of the grantees to address other
issues or emerging training and technical
[[Page 34452]]
assistance needs. We prefer to provide applicants with the flexibility
to propose the content of the specific training and technical
assistance they intend to provide and to describe how they determined
the content areas and the need for training and technical assistance in
those areas. The application review process will evaluate the merits of
the proposed content of the training and technical assistance.
Regarding the commenter's request for clarification, the NPP noted
that the Department currently funds a training and technical assistance
grant focusing on youths in transition and stated that the two
priorities proposed for CILs and SILCs would be for general,
comprehensive training and technical assistance. That said, an
applicant for a grant under one of the two priorities established in
this notice is not precluded from including transitioning youths as a
content area in its proposed training and technical assistance. Any
applicant that identifies training and technical assistance on youths
in transition as a need and proposes such training must show, as
required by each priority, how it will coordinate and collaborate with
the other Department-funded training and technical assistance projects,
including the one that focuses on transition, in order to ensure that
training and technical assistance activities are complementary and non-
duplicative and that dissemination activities are effective and
efficient.
Changes: None.
Comment: Three commenters stated a concern that grantees will not
be able to provide training and technical assistance to CILs and SILCs
within a wide geographic range, including rural areas.
Discussion: Both priorities established in this notice require
grantees to develop and implement a plan to provide training and
technical assistance to all federally funded CILs and all SILCs. These
requirements are sufficient to ensure that the grantees under these
priorities provide training and technical assistance to CILs and SILCs
within a wide geographic range, including rural areas. The application
review process will evaluate the merits of the applications in this
regard.
Changes: None.
Comment: One commenter recommended requiring grantees to
collaborate with a number of resources, including State associations of
CILs, State agencies that administer funding to CILs, and the National
Council on Independent Living.
Discussion: The priorities establish minimum requirements for
collaboration by the grantees. Under each priority, an applicant could
propose to collaborate with additional entities, including State
associations of CILs, State agencies that administer funding to CILs,
or the National Council on Independent Living. Applicants have the
flexibility to propose additional partners with which they plan to
collaborate under the priorities. The application review process will
evaluate the merits of any additional proposed collaborative partners.
Changes: None.
Comment: Three commenters recommended adding a requirement that the
application review panel and applicants be ``consumer-controlled'',
i.e., have a majority of individuals with disabilities in decision-
making positions.
Discussion: The CIL program regulations in 34 CFR 366.10 state
that, in order to be eligible to receive funding to provide training
and technical assistance, entities must have experience in the
operation of centers. Nothing in the Act or the program regulations
gives the Department the discretion to limit eligibility to only those
applicants who are consumer-controlled entities.
The program regulations in 34 CFR 366.12(b) also state that the
peer review of grant applications by panels must include persons who
are not Federal government employees and who have experience in the
operation of centers. Nothing in the Act or the program regulations
gives the Department the discretion to limit peer review panels to only
individuals with disabilities. We make every effort to ensure that the
application review panels include highly qualified individuals with
disabilities from diverse backgrounds who have the content expertise
required.
Finally, we note that the selection criteria used by the
application review panel to evaluate applications for training and
technical assistance awards includes, in 34 CFR 366.15(d)(v), an
examination of the extent to which the applicant encourages
applications for employment from persons who are members of groups that
have been traditionally under-represented, including persons with
disabilities.
Changes: None.
Comment: One commenter recommended requiring grantees under these
priorities to utilize a peer-to-peer training model.
Discussion: There are many possible training models that a grantee
can use, including a peer-to-peer model. We prefer to provide
applicants with the flexibility to propose the training models that the
training and technical assistance project will employ. The application
review process will evaluate the merits of the training models that
applicants propose.
Changes: None.
Comment: One commenter expressed concern over the large number of
entities to be served by the grants.
Discussion: We anticipate that the five-year grant period and
projected funding levels for the grants will be sufficient to ensure
that the needs of the CILs and SILCs served by the training and
technical assistance providers will be addressed.
Changes: None.
Comment: One commenter recommended that the grantees subcontract
with CILs and SILCs to provide the training and technical assistance.
Discussion: Consistent with applicable regulations, grantees have
the authority to enter into subcontracts, and applicants can propose to
subcontract with CILs or SILCs. If an applicant chooses to enter into
subcontracts, we prefer to provide applicants with the discretion to
choose the subcontractors. The application review process will evaluate
the merits of any proposed subcontracts.
Changes: None.
Comment: One commenter opposed the establishment of both priorities
because the commenter claimed that the current train-the-trainer-model
has been ineffective and, as a result, the needs of individuals with
significant disabilities are not being met.
Discussion: The Department does not believe that the training
provided to CILs and SILCs has been ineffective. The Department is
legally required to set aside funding from the CIL program to provide
training and technical assistance to CILs, eligible agencies, and
SILCs. Moreover, there is a continuing need for training and technical
assistance to CILs due to the formation of new CILs, the expansion or
change of existing CILs, and personnel changes in the CILs. Likewise,
there is a continuing need for training and technical assistance for
SILCs due to the varied backgrounds of the SILC members, the turnover
of SILC membership, and the rotational appointment of SILC members.
Further, because CILs deliver services directly to individuals with
significant disabilities and because SILCs provide a forum for all
independent living stakeholders in the State to set policy for the
State's independent living program, it is important to provide timely
and targeted training to each type of entity. The goal of training both
the CILs and the SILCs is to enable them to carry out
[[Page 34453]]
their respective functions and, ultimately, to better prepare them to
meet the needs of individuals with significant disabilities and improve
outcomes for those individuals who receive independent living services.
Changes: None.
Note: This notice does not solicit applications. In any year in
which we choose to use one or more of these priorities, we invite
applications through a notice in the Federal Register. When inviting
applications we designate each priority as absolute, competitive
preference, or invitational. The effect of each type of priority
follows:
Absolute priority: Under an absolute priority we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority we give competitive preference to an application by either
(1) awarding additional points, depending on how well or the extent
to which the application meets the competitive preference priority
(34 CFR 75.105(c)(2)(i)); or (2) selecting an application that meets
the competitive preference priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority we are
particularly interested in applications that meet the invitational
priority. However, we do not give an application that meets the
invitational priority a competitive or absolute preference over
other applications (34 CFR 75.105(c)(1)).
Priorities
Priority 1--Centers for Independent Living (CILs) Training and
Technical Assistance Center
This priority supports a CILs Training and Technical Assistance
Center (CILs T&TA Center) to improve the performance of CILs by
providing training and technical assistance to the CILs on the
programmatic and financial aspects of their operations, including
information on effective practices and proven solutions to common
problems. CILs are distributed across the Nation and vary in size,
stage of development, service area characteristics, and urgency of need
for training and technical assistance. Therefore, the training and
technical assistance provided by the CILs T&TA Center must be sensitive
to this diversity and must encompass a broad range of topics.
The CILs T&TA Center must make available to all CILs a broad array
of resources, training, and technical assistance. In addition, the CILs
T&TA Center must address the specific needs of CILs by providing those
CILs that require it with intensive, individualized, on-site training
and technical assistance that meets their needs. In this regard, the
CILs T&TA Center must be prepared to respond promptly to the
Department's identification of particular training and technical
assistance needs in general and those of particular CILs.
In coordination with the Department, the CILs T&TA Center must--
(a) Develop and provide training and technical assistance, based on
the CILs' annual performance report survey and other available data, on
topics related to the provision and expansion of independent living
(IL) services (primarily the IL core services), fiscal and management
practices, compliance with CIL standards and assurances, increased
program efficiency, rigorous evaluation, and improved outcomes as
measured by long-term goals and indicators;
(b) Develop and implement a plan to ensure that training and
technical assistance efforts will reach all federally funded CILs and
other eligible agencies;
(c) Refer CILs and eligible agencies to non-IL specific training
and technical assistance available through government or non-government
resources;
(d) Utilize a broad range of available, accessible technologies and
methodologies to provide training and technical assistance to CILs and
eligible agencies in the most effective and cost efficient manner;
(e) Provide focused, intensive and rapid training and technical
assistance to CILs identified by the Department as needing, or to CILs
requesting, such assistance;
(f) Identify and develop accessible training and technical
assistance materials and disseminate these materials to CILs and
eligible agencies; and
(g) Coordinate and collaborate with other training and technical
assistance projects funded by the Department to ensure that training
and technical assistance activities are complementary and non-
duplicative and that dissemination activities are effective and
efficient. At a minimum, the CILs T&TA Center must coordinate with any
SILC Training and Technical Assistance Center funded under the
Statewide Independent Living Councils (SILCs) Training and Technical
Assistance Center priority.
Priority 2--Statewide Independent Living Councils (SILCs) Training and
Technical Assistance Center
This priority supports a SILCs Training and Technical Assistance
Center (SILCs T&TA Center) to improve the performance of SILCs through
greater access to timely and relevant training and technical assistance
regarding SILC duties and operation.
In coordination with the Department, the SILCs T&TA Center must--
(a) Develop and provide training and technical assistance, based on
the SILCs' annual performance report survey and other available data,
on topics directly related to SILC legal responsibilities, including
SILC organization and operation and the development of the SPIL;
(b) Develop and implement a plan to provide to all SILCs the
training and technical assistance identified in paragraph (a) of this
priority;
(c) Refer SILCs to non-IL specific training and technical
assistance available through government or non-government resources;
(d) Utilize a broad range of available, accessible technologies and
methodologies to provide training and technical assistance to SILCs in
the most effective and cost efficient manner;
(e) Identify and develop accessible training and technical
assistance materials and disseminate these materials to the SILCs;
(f) Provide training and technical assistance to SILCs to enhance
SILC partnerships with State vocational rehabilitation agencies, CILs,
and other organizations, with a focus on sharing successful operational
experiences of other SILCs;
(g) Coordinate and collaborate with other training and technical
assistance projects funded by the Department to ensure that training
and technical assistance activities are complementary and non-
duplicative and dissemination activities are effective and efficient.
At a minimum, the SILCs T&TA Center must coordinate with any CILs
Training and Technical Assistance Center funded under the Centers for
Independent Living (CILs) Training and Technical Assistance Center
priority.
Executive Order 12866
This notice of final priorities has been reviewed in accordance
with Executive Order 12866. Under the terms of the order, we have
assessed the potential costs and benefits of this regulatory action.
The potential costs associated with the notice of final priorities
are those resulting from statutory requirements and those we have
determined are necessary for administering this program effectively and
efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of this notice of final priorities, we have determined
that the benefits of the final priorities justify the costs.
We have also determined that this regulatory action does not unduly
[[Page 34454]]
interfere with State, local, and tribal governments in the exercise of
their governmental functions.
Summary of Potential Costs and Benefits
Because the Department is proposing two priorities that may be used
in two separate competitions, rather than in a single competition, the
potential for increased application costs exists for an applicant that
chooses to apply for both grants under both priorities. However, both
priorities share the same overall objective--improved performance in
the CIL program--and applications under both priorities would likely
include common elements. This overlap may minimize any increased costs
associated with using the two priorities in separate competitions.
Moreover, for an applicant that chooses to apply for only one
grant, the two-priority approach would have the potential of reducing
the application costs for that applicant. The Department believes that
the potential benefits to the CIL program from a more focused,
specialized approach to training and technical assistance for CILs and
SILCs would outweigh any possible increase in associated application
costs.
Intergovernmental Review
This program is subject to Executive Order 12372 and the
regulations in 34 CFR part 79. One of the objectives of the Executive
order is to foster an intergovernmental partnership and a strengthened
federalism. The Executive order relies on processes developed by State
and local governments for coordination and review of proposed Federal
financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Applicable Program Regulations: 34 CFR 366.
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 the following site:
www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, 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: https://www.gpoaccess.gov/
nara/.
(Catalog of Federal Domestic Assistance Number 84.132B, Independent
Living Program--Training and Technical Assistance Center).
Program Authority: 29 U.S.C. 796f(b).
Dated: June 19, 2007.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. E7-12115 Filed 6-21-07; 8:45 am]
BILLING CODE 4000-01-P
