Final Priority; Rehabilitation Services Administration–Assistive Technology Alternative Financing Program

SUMMARY: The Assistant Secretary for Special Education and Rehabilitative Services announces a priority under the Assistive Technology Alternative Financing Program administered by the Rehabilitation Services Administration (RSA). The Assistant Secretary may use this priority for competitions in fiscal year (FY) 2014 and later years. This priority is designed to ensure that the Department funds high-quality assistive technology (AT) alternative financing programs (AFPs) that meet rigorous standards in order to enable individuals with disabilities to access and acquire assistive technology devices and services necessary to achieve education, community living, and employment goals.

EFFECTIVE DATE: Effective Date: This priority is effective September 15, 2014.

FOR FURTHER INFORMATION CONTACT: Robert Groenendaal, U.S. Department of Education, 400 Maryland Avenue SW., Room 5025, Potomac Center Plaza (PCP), Washington, DC 20202-2800. Telephone: (202) 245-7393 or by email: [email protected].

If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

Purpose of Program: The purpose of the Assistive Technology Alternative Financing Program (AFP) is to support programs that provide for the purchase of AT devices, such as a low-interest loan fund, an interest buy-down program, a revolving loan fund, a loan guarantee, or an insurance program. The Consolidated Appropriations Act, 2014 (the Act) requires applicants for these grants to provide an assurance that, and information describing the manner in which, the AFP will expand and emphasize consumer choice and control. It also specifies that State agencies and community-based disability organizations that are directed by and operated for individuals with disabilities are eligible to compete. Language in the Explanatory Statement accompanying the Act provides that successful applicants must emphasize consumer choice and control and build programs that will provide financing for the full array of AT devices and services and ensure that all people with disabilities, regardless of type of disability or health condition, age, level of income, and residence, have access to the program. In addition, the language provides that applicants should incorporate credit-building activities in their programs, including financial education and information about other possible funding sources.

Program Authority:

Consolidated Appropriations Act, 2014 (Pub. L. 113-76).

We published a notice of proposed priority for this competition in the Federal Register on May 13, 2014 (79 FR 27230). That notice contained background information and our reasons for proposing this particular priority.

Except for minor editorial and technical revisions, there are no differences between the proposed priority and this final priority.

Public Comment: In response to our invitation in the notice of proposed priority, 16 parties submitted comments on the proposed priority. Generally, we do not address technical or other minor changes.

Analysis of Comments and Changes: An analysis of the comments and of any changes in the priority since publication of the notice of proposed priority follows.

Comment: Two commenters suggested that there should be a provision for a multi-State consortium to apply. One commenter, however, expressed opposition to multi-State consortia AT loan programs because of a concern that these consortia would duplicate State programs. This commenter proposed that AFPs should have knowledge of State-specific AT resources.

Discussion: There is nothing in the priority or regulations that prevents a multi-State consortium from applying. Under 34 CFR 75.127, eligible parties may apply as a group for a grant; and "consortium" is a term that may be used to refer to a group of eligible parties. We will clarify in the notice inviting applications for this competition that multi-State groups or consortia are eligible to apply.

We agree with the commenter that grantees should be knowledgeable about State-specific AT resources, and believe that the applicable selection criteria address this concern. Specifically, among the selection criteria in 34 CFR 75.210(a) that the Secretary may consider when determining the need for a proposed project is the magnitude of the need for the services to be provided or the activities to be carried out and the extent to which specific gaps or weaknesses in services, infrastructure, or opportunities have been identified and will be addressed by the proposed project, including the nature and magnitude of those gaps or weaknesses. We will use the peer review process to determine how well an applicant addresses the needs of the service area identified in the application.

Changes: None.

Comment: Seven commenters expressed opposition to the competitive preference points. On the other hand, three commenters supported the proposed competitive preference priorities, citing the need for AFPs in every State. One commenter suggested that priority points be awarded to existing AFPs with a history of successful operation.

Discussion: Twenty of the States and outlying areas have not received funding for AT AFPs. While all States and outlying areas can apply, our objective is to establish AFPs in States that have not previously received funding from the Federal government for this purpose and to expand small or underfunded AFPs that have received less than $1 million from competitions under title III of the Assistive Technology Act of 1998 (AT Act of 1998) during FYs 2000 through 2006, or under the Appropriations Acts for FY 2012 and 2013. By awarding competitive preference points to applicants, we intend to address the need for the development of AFPs from these unserved or underfunded areas so individuals with disabilities across the nation have the opportunity to receive services and purchase AT devices through alternative loan programs.

Changes: None.

Comment: Two commenters suggested that consumers be entitled to exercise choice and control with respect to the makeup of the board of directors of grantees; and that the boards should include a majority of members with disabilities. One of these commenters questioned whether family members should be counted toward this majority.

Discussion: The Act and the priority require that grantees emphasize and expand consumer choice and control, including oversight of the program. Although we encourage grantees to include individuals with disabilities and their family members on their boards of directors, the requirement in the Act does not specifically apply to the composition of the grantees' boards. It applies to the involvement of consumers in the implementation of a program's administration and policy decisions. This could be achieved in a number of ways, including having a majority of the members of the project's board of directors or loan review committee be individuals with disabilities. In addition, consumer choice and control applies to consumers who are receiving financial loans having choices and control over the selection of devices and vendors.

Each applicant is required to submit an assurance that, and information describing the manner in which, the AFP will expand and emphasize consumer choice and control. As AFPs must be designed to allow individuals with disabilities and their family members, guardians, advocates, and authorized representatives to purchase AT devices or services, the consumer choice and control requirement applies to family members of individuals with disabilities. As such, a family member could serve on a board of directors or loan review committee. We will use the competitive process to determine the extent to which an application proposes to achieve consumer choice and control.

Changes: None.

Comment: One commenter supported credit-building activities as an important component of AFPs. This commenter proposed that grantees be required to provide financial education and counseling to consumers to improve their financial capability, knowledge, and skills and advance their economic stability.

Discussion: The final priority requires applicants to submit an assurance that the AFP will incorporate credit-building activities into their programs, including financial education and information about other possible funding sources. We will use the competitive process to determine the extent to which an applicant proposes to meet this requirement.

Changes: None.

Comment: One commenter recommended that the Department consider a State's size, population, number of people with disabilities, and other unique qualities in evaluating a grant application.

--This is a summary of a Federal Register article originally published on the page number listed below--

Final priority.

CFR Part: "34 CFR Chapter III"

Citation: "79 FR 47575"

Document Number: "CFDA Number: 84.224D."

Federal Register Page Number: "47575"

"Rules and Regulations"