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Federal Register
/Vol. 67, No. 90/Thursday, May 9, 2002/Notices
DEPARTMENT OF EDUCATIONCapacity Building for TraditionallyUnderserved Populations
AGENCY
:
Office of Special Education andRehabilitative Services, Department of Education.
ACTION
:
Notice of final priorities.
SUMMARY
:
The Assistant Secretary forthe Office of Special Education andRehabilitative Services announcespriorities under the Capacity Buildingfor Traditionally UnderservedPopulations program. The AssistantSecretary may use one or more of thesepriorities for competitions in fiscal year(FY) 2002 and in later years. We takethis action to focus on meeting theneeds of traditionally underservedpopulations. We intend these prioritiesto enhance the capacity and improve theparticipation of minority entities tocompete for Rehabilitation ServicesAdministration (RSA) discretionarygrants and to improve services providedto minority people with disabilitiesunder programs that are authorizedunder the Rehabilitation Act of 1973, asamended (Act).
EFFECTIVE DATE
:
These priorities areeffective June 10, 2002.
FOR FURTHER INFORMATION CONTACT
:
Ellen Chesley, U.S. Department of Education, 400 Maryland Avenue, SW.,room 3318, Switzer Building,Washington, DC 20202–2649Telephone: (202) 205–9481 or viaInternet:
Ellen.Chesley@ed.gov
If you use a telecommunicationsdevice for the deaf (TDD), you may callthe TDD number at (202) 205–8133.Individuals with disabilities mayobtain this document in an alternativeformat (e.g., Braille, large print,audiotape, or computer diskette) onrequest to the contact person listedunder
FOR FURTHER INFORMATIONCONTACT
.
SUPPLEMENTARY INFORMATION
:
Undersection 21 of the Act, the CapacityBuilding for Traditionally UnderservedPopulations program is designed tosupport awards to minority entities andIndian tribes to provide training,technical assistance, or related activitiesto carry out certain programs authorizedunder the Act or to improve servicesunder the Act. Section 21 of the Act alsoauthorizes awards to eligible entities toenhance the capacity and increase theparticipation of minority entities andIndian tribes in activities funded underthe Act. ‘‘Minority entity’’ is definedunder section 21(b)(5) of the Act as ahistorically Black college or university,Hispanic-serving institution of highereducation, American Indian tribalcollege or university, or anotherinstitution of higher education whoseminority student enrollment is at least50 percent.Under section 21 of the Act, onlythree types of awards can be made asfollows: (1) Section 21(b)(2)(A)—Makingawards to minority entities and Indiantribes to carry out activities underprograms authorized under titles II, III,VI, and VII of the Act. (2) Section21(b)(2)(B)—Making awards to minorityentities and Indian tribes to conductresearch, training, technical assistance,or a related activity to improve servicesprovided under the Act, especiallyservices provided to individuals fromminority backgrounds.(3) Section 21(b)(2)(C)—Makingawards to a State or a public or privatenonprofit agency or organization, suchas an institution of higher education oran Indian tribe, to provide outreach andtechnical assistance to minority entitiesand Indian tribes to promote theirparticipation in activities funded underthe Act, including assistance to enhancetheir capacity to carry out thoseactivities.We published a notice of proposedpriorities for this program in the
FederalRegister
on November 28, 2001 (66 FR59526).Except for editorial and technicalrevisions, there are no significantdifferences between the notice of proposed priorities and this notice of final priorities.
Analysis Of Comments and Changes
In response to our invitation in thenotice of proposed priorities, 20 partiessubmitted comments on the proposedpriorities. An analysis of the commentsand of any changes in the prioritiessince publication of the notice of proposed priorities follows.Generally, we do not addresstechnical and other minor changes.Also, we may choose not to addresssuggested statutory changes that we arenot authorized to make under theapplicable statutory authority.
Comments:
Four commentersrecommended that we include a prioritysimilar to Proposed Priority 1 forTraumatic Brain Injury (TBI), becausethere is a need for services in this area.Further, they indicated that TBI is anunderserved population that should beincluded as a minority entity. Inaddition, nine commentersrecommended that Priority 4—CapacityBuilding for Minority Entities—shouldsupport not only minority institutions, but also agencies and organizations thatare owned or controlled by minorityindividuals.
Discussion:
We cannot consider thesepopulations and entities as ‘‘minorityentities’’ under the Act. Section 21 of the Act specifically defines ‘‘minorityentity’’ as a historically Black college oruniversity, Hispanic-serving institutionof higher education, American Indiantribal college or university, or anotherinstitution of higher education whoseminority student enrollment is at least50 percent.
Changes:
None.
Comments:
Six commentersrecommended that for Proposed Priority3—Establishing New RehabilitationTraining Programs—we use the HigherEducation Act of 1965, as amended(HEA) definition for a Hispanic-servinginstitution of higher education.
Discussion:
The Department of Education uses the HEA definition of ‘‘Hispanic-serving institution of highereducation.’’ The HEA definition appliesto all priorities of the Act, not justPriority 3.
Changes:
We’ve added a provision inthe priorities section to clarify that allpriorities should use the HEA definitionof Hispanic-serving institution of highereducation.
Comments:
One commenterrecommended that capacity building forminority entities be expanded toinclude other programs like specialeducation and the 21st CenturyLearning Centers.
Discussion:
Section 21(b)(2)(A) of theAct specifies that capacity buildingmust be directed to promoting theparticipation of minority entities inactivities funded under the Act. Thus,there is no authority to includeprograms, such as special education andthe 21st Century Learning Centers,which are not activities funded underthe Act.
Changes:
None.
Note:
This notice does
not
solicitapplications. In any year in which we chooseto use one or more of these priorities, weinvite applications through a notice in the
Federal Register
. When inviting applicationswe designate the priority as absolute,competitive preference, or invitational. Theeffect of each type of priority follows:
Absolute priority:
Under an absolutepriority we consider only applicationsthat meet the priority (34 CFR75.105(c)(3)).
Competitive preference priority:
Under a competitive preference prioritywe give competitive preference to anapplication by either (1) awardingadditional points, depending on howwell or the extent to which theapplication meets the competitivepriority (34 CFR 75.105(c)(2)(i)); or (2)selecting an application that meets thecompetitive priority over an application
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