[Federal Register: April 19, 2001 (Volume 66, Number 74)]
[Notices]
[Page 20175-20177]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap01-91]
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Part II
Department of Education
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Recreational Programs; Notice Inviting Applications for New Awards for
Fiscal Year (FY) 2001; Notice
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DEPARTMENT OF EDUCATION
RIN 1820-ZA12
Recreational Programs
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Notice of final priority.
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SUMMARY: The Assistant Secretary for the Office of Special Education
and Rehabilitative Services announces a final priority under the
Recreational Programs. The Assistant Secretary may use this priority
for competitions in FY 2001 and later years. We take this action to
provide individuals with disabilities recreational activities and
related experiences to aid in their employment, mobility,
socialization, independence, and community integration.
EFFECTIVE DATE: This priority is effective May 21, 2001.
FOR FURTHER INFORMATION CONTACT: Mary E. Chambers, U.S. Department of
Education, 400 Maryland Avenue, SW., room 3320, Switzer Building,
Washington, DC 20202-2649. Telephone: (202) 205-8435 or via Internet:
Mary.Chambers@ed.gov
If you use a telecommunications device for the deaf (TDD) you may
call the Federal Information Relay Service (FIRS) at 1-800-877-8399.
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:
This notice contains a final priority under the Recreational
Programs, which is authorized under section 305 of the Rehabilitation
Act of 1973, as amended (the Act). On January 8, 2001 we published a
notice of proposed priority for this program in the Federal Register
(66 FR 1442). There are no differences between the notice of proposed
priority and this notice of final priority.
Analysis of Comments and Changes
In response to our invitation in the notice of proposed priority 15
parties submitted comments on the proposed priority. Twelve commenters
supported the priority. An analysis of the substantive comments and of
any changes in the priority since publication of the notice of proposed
priority follows.
Comment: One commenter recommended that independent living skills
and related services and opportunities be added to the list of optional
services under the Recreational Programs.
Discussion: Section 305 of the Act supports projects that provide
individuals with disabilities recreational activities and related
experiences that aid in their employment, mobility, socialization,
independence, and community integration. The proposed priority stated
that recreational services include, but are not limited to, the
activities authorized by the program statute. Thus, because the
examples of recreational activities provided in the proposed priority
were not inclusive of the recreational activities allowable under this
program authority, independent living skills and related activities are
also allowable.
Change: None.
Comments: Two commenters recommended that the Recreational Programs
be available to children to experience scouting activities,
hydrotherapy/aquatics, and other recreational activities.
Discussion: According to 34 CFR 361.42(c)(2)(ii)(A), States must
apply the eligibility requirements for vocational rehabilitation
services without regard to the age of the applicant. However, according
to 34 CFR 361.42(a)(2), there is also a presumption in the Act that the
applicant can benefit in terms of an employment outcome from the
provision of vocational rehabilitation services. In order for a client
to benefit in terms of an employment outcome, the age of a client must
be appropriate. Therefore, the burden is on the applicant to identify
how any children to be served would benefit in terms of an employment
outcome from the recreational services to be provided by the applicant.
Change: None.
Note: This notice does not solicit applications. In any year in
which we choose to use this priority, we invite applications through
a notice in the Federal Register.
Priority
Under 34 CFR 75.105(c)(3) the Assistant Secretary gives an absolute
preference to applications that meet the following priority. The
Assistant Secretary funds under this competition only applications that
meet this absolute priority.
Projects must provide recreational services to individuals with
disabilities. Recreational services include, but are not limited to,
vocational skills development, leisure education, leisure networking,
leisure resource development, physical education and sports, scouting
and camping, 4-H activities, music, dancing, handicrafts, art, and
homemaking. Recreational services do not include the construction of
facilities for aquatic rehabilitation therapy.
Projects must provide recreational services to individuals with
disabilities in settings with peers who are not individuals with
disabilities.
Statutory Requirements
All applicants seeking funding under this competition must--
(a) Describe the manner in which the applicant will address the
needs of individuals with disabilities from minority backgrounds
(section 21(c) of the Act);
(b) Describe the manner in which the findings and results of the
project to be funded under the grant, particularly information that
facilitates the replication of the results of that project, will be
made generally available (section 305(a)(4)(A) of the Act);
(c) Demonstrate ways in which recreational activities assist in
maximizing the independence and integration of individuals with
disabilities into community-based recreational programs (section
305(a)(1)(C) if the Act);
(d) Assure that the project will maintain, at a minimum, the same
level of services over the three-year project period (section 305(a)(5)
of the Act);
(e) Assure that the service program funded under the grant will be
continued after Federal assistance ends (section 305(a)(4)(B) of the
Act); and
(f) Provide non-Federal resources (in cash or in-kind) to pay the
non-Federal share cost of the project in year two at 25 percent of year
one Federal grant and year three at 50 percent of year one Federal
grant (section 305(a)(3)(B) of the Act).
National Education Goals
The eight National Education Goals focus the Nation's education
reform efforts and provide a framework for improving teaching and
learning.
This priority addresses the National Education Goal that every
American will possess the knowledge and skills necessary to compete in
a global economy.
Executive Order 12866
This notice of final priority 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 priority
are those resulting from statutory requirements and those we have
determined as
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necessary for administering this program effectively and efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of this notice of final priority, we have determined
that the benefits of the final priority justify the costs.
We have also determined that this regulatory action does not unduly
interfere with State, local, and tribal governments in the exercise of
their governmental functions.
We fully discussed the costs and benefits in the notice of proposed
priority.
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.
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/legislation/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:
http://www.access.gpo.gov/nara/index.html
Program Authority: 29 U.S.C. 775.
(Catalog of Federal Domestic Assistance Number 84.128J Recreational
Programs.)
Dated: April 13, 2001
Francis V. Corrigan,
Deputy Director, National Institute on Disability, and Rehabilitation
Research.
[FR Doc. 01-9653 Filed 4-18-01; 8:45 am]
BILLING CODE 4000-01-P