federal register - U.S. Government Printing Office

6308 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and RegulationsDEPARTMENT OF EDUCATION34 CFR Parts 361, 363, 376, and 380RIN 1820–AB12The State Vocational RehabilitationServices ProgramAGENCY: Department of Education.ACTION: Final regulations.SUMMARY: The Secretary amends theregulations governing The StateVocational Rehabilitation ServicesProgram. These amendments are neededto implement changes to theRehabilitation Act of 1973 (Act) madeby the Rehabilitation Act Amendmentsof 1992, enacted on October 29, 1992, asamended by the 1993 technicalamendments (hereinafter collectivelyreferred to as the 1992 Amendments).EFFECTIVE DATE: These regulations takeeffect March 13, 1997.FOR FURTHER INFORMATION CONTACT:Beverlee Stafford, U.S. Department ofEducation, 600 Independence Avenue,SW., Room 3014, Mary E. SwitzerBuilding, Washington, DC. 20202–2531.Telephone (202) 205–8831. Individualswho use a telecommunications devicefor the deaf (TDD) may call (202) 205–5538.SUPPLEMENTARY INFORMATION: The StateVocational Rehabilitation ServicesProgram (program) is authorized byTitle I of the Act (29 U.S.C. 701–744).This program provides support to eachState to assist it in operating acomprehensive, coordinated, effective,efficient, and accountable State programto assess, plan, develop, and providevocational rehabilitation (VR) servicesto individuals with disabilities so thatthose individuals may prepare for andengage in gainful employment,consistent with their strengths,resources, priorities, concerns, abilities,capabilities, and informed choice.On December 15, 1995, the Secretarypublished a notice of proposedrulemaking (NPRM) for this program inthe Federal Register (60 FR 64476).Additionally, pursuant to ExecutiveOrder 12866, which encourages Federalagencies to facilitate meaningfulparticipation in the regulatorydevelopment process, the RehabilitationServices Administration (RSA) madeavailable draft proposed regulations(draft regulations) in accessible formats,including an electronic format, to abroad spectrum of parties for informalreview and comment prior to publishingthe December 15, 1995 NPRM. RSA alsogathered public input on the draftregulations through public meetings andfocus groups and analyzed over 600letters of comments on the draftregulations.These final regulations implementchanges made to the program by the1992 Amendments with the exceptionof the evaluation standards andperformance indicator requirements insection 106 of the Act, which are beingimplemented in a separate rulemakingdocument, and incorporate some of theburden-reducing changes previouslyproposed in an NPRM for this programthat was published on July 3, 1991 (56FR 30620) (1991 NPRM). The 1991NPRM was not finalized at the requestof Congress. These regulations alsoimplement changes that the Secretarybelieves are important to update,consolidate, clarify, and in other waysimprove the regulations for thisprogram.The Supplementary Informationsection to the NPRM includes adiscussion of the major changes to TitleI of the Act made by the 1992Amendments. These changes have farreachingimplications for the program.Individuals are encouraged to refer tothe NPRM (60 FR 64476–64477) for adiscussion of the major themesassociated with the 1992 Amendments.These final regulations contain alimited number of significant changes tothe proposed regulations based onpublic comment and interdepartmentalreview. A detailed description of thesechanges follows. In addition, the finalregulations have been reviewed andrevised in accordance with theDepartment’s Principles for Regulating,which were developed as part of theAdministration’s regulatory reinventioninitiative under the NationalPerformance Review II. The principlesare designed to ensure that theDepartment regulates in the mostflexible, most equitable, and leastburdensome way possible.The Secretary also notes that thechanges to supported employmentdefinitions included in these finalregulations affect those definitions in 34CFR parts 363, 376, and 380.Corresponding regulatory changes tothose parts follow the final regulationsamending 34 CFR part 361.Goals 2000: Educate America ActThe Goals 2000: Educate America Act(Goals 2000) focuses the Nation’seducation reform efforts on the eightNational Education Goals and providesa framework for meeting them. Goals2000 promotes new partnerships tostrengthen schools and expands theDepartment’s capacities for helpingcommunities to exchange ideas andobtain information needed to achievethe goals.These regulations address theNational Education Goal that everyadult American, including individualswith disabilities, will possess theknowledge and skills necessary tocompete in a global economy andexercise the rights and responsibilitiesof citizenship.Executive Order 12866These final regulations have beenreviewed in accordance with ExecutiveOrder 12866. Under the terms of theorder the Secretary has assessed thepotential costs and benefits of thisregulatory action.The potential costs associated withthe final regulations are those resultingfrom statutory requirements and thosedetermined by the Secretary asnecessary for administering thisprogram effectively and efficiently.In assessing the potential costs andbenefits—both quantitative andqualitative—of these final regulations,the Secretary has determined that thebenefits of the final regulations justifythe costs.The Secretary has also determinedthat this regulatory action does notunduly interfere with State, local, andtribal governments in the exercise oftheir governmental functions.Summary of potential costs and benefitsThe potential costs and benefits ofthese final regulations were summarizedin the preamble to the NPRM under thefollowing headings: ImprovedOrganization of Regulations; Notes andExamples; Reduction of Grantee Burden;Enhanced Protections for Individualswith Disabilities (60 FR 64495);Increased Flexibility of Grantees toSatisfy Statutory Requirements; andAdditional Benefits (60 FR 64496).Additional discussion of potential costsand benefits is included in the followingAnalysis of Comments and Changessection of this preamble.Analysis of Comments and ChangesIn response to the Secretary’sinvitation in the NPRM, more than 400parties submitted comments on theproposed regulations. RSA gatheredadditional public input on the NPRMthrough a series of public meetings. Ananalysis of the comments and of thechanges in the regulations sincepublication of the NPRM follows.Major issues are grouped according tosubject under appropriate sections ofthe regulations. Other substantive issuesare discussed under the section of theregulations to which they pertain.Technical and other minor changes—and suggested changes the Secretary isnot legally authorized to make under the