§ 345.63 based on the findings and recommenda- tions of the monitoring panel, and after providing to the public notice and opportunity for comment, shall make a final determination regarding whether to order the Governor to redesignate the lead agency. The Governor shall make any redesignation in accordance with the requirements that apply to designations under § 345.6. (Authority: 29 U.S.C. 2215(c); section 105(c) of the Act) § 345.63 How does a State change the entity responsible for providing protection and advocacy services? (a) The Governor of a State, based on input from individuals with disabilities and their family members, guardians, advocates, or authorized representa- tives, may determine that the entity providing protection and advocacy services has not met the protection and advocacy service needs of the individ- uals with disabilities and their family members, guardians, advocates, or au- thorized representatives, for securing funding for and access to assistive technology devices and assistive tech- nology services, and that there is good cause to provide the protection and ad- vocacy services for the State through a contract with a second entity. (b) On making the determination in paragraph (a) of this section, the Gov- ernor may not enter into a contract with a second entity to provide the protection and advocacy services un- less good cause exists and unless— (1) The Governor has given the first entity 30 days notice of the intention to enter into the contract, including specification of good cause, and an op- portunity to respond to the assertion that good cause has been shown; (2) Individuals with disabilities and their family members, guardians, advo- cates, or authorized representatives, have timely notice of the determina- tion and opportunity for public com- ment; and (3) The first entity has the oppor- tunity to appeal the determination to the Secretary within 30 days of the de- termination on the basis that there is not good cause to enter into the con- tract. (c)(1) When the Governor of a State determines that there is good cause to 34 CFR Ch. III (7–1–02 Edition) enter into a contract with a second en- tity to provide the protection and ad- vocacy services, the Governor shall hold an open competition within the State and issue a request for proposals by entities desiring to provide the serv- ices. (2) The Governor shall not issue a re- quest for proposals by entities desiring to provide protection and advocacy services until the first entity has been given notice and an opportunity to re- spond. If the first entity appeals the determination to the Secretary, the Governor shall issue such request only if the Secretary decides not to over- turn the determination of the Gov- ernor. The Governor shall issue such request within 30 days after the end of the period during which the first entity has the opportunity to respond, or after the decision of the Secretary, as appropriate. (3) The competition shall be open to entities with the same expertise and ability to provide legal services as a system in § 345.30(b)(12). The competi- tion shall ensure public involvement, including a public hearing and ade- quate opportunity for public comment. (Authority: 29 U.S.C. 2215(d); section 105(d) of the Act) PART 350—DISABILITY AND REHA- BILITATION RESEARCH PROJECTS AND CENTERS PROGRAM Subpart A—General Sec. 350.1 What is the Disability and Rehabilita- tion Research Projects and Centers Pro- gram? 350.2 What is the purpose of the Disability and Rehabilitation Research Project and Centers Program? 350.3 Who is eligible for an award? 350.4 What regulations apply? 350.5 What definitions apply? Subpart B—What Projects Does the Secretary Assist? 350.10 What are the general requirements for Disability and Rehabilitation Re- search Projects? 350.11 What are the general requirements for a Field-Initiated Project? 350.12 What are the general requirements for an Advanced Rehabilitation Research Training Project? 240 Off. of Spec. Educ. and Rehab. Services, Education § 350.1 350.13 What must a grantee do in carrying out a research activity? 350.14 What must a grantee do in carrying out a training activity? 350.15 What must a grantee do in carrying out a demonstration activity? 350.16 What must a grantee do in carrying out a development activity? 350.17 What must a grantee do in carrying out a utilization activity? 350.18 What must a grantee do in carrying out a dissemination activity? 350.19 What must a grantee do in carrying out a technical assistance activity? Subpart C—What Rehabilitation Research and Training Centers Does the Sec- retary Assist? 350.20 What general requirements must a Rehabilitation Research and Training Center meet? 350.21 What collaboration must a Rehabili- tation Research and Training Center en- gage in? 350.22 What activities must a Rehabilita- tion Research and Training Center con- duct? 350.23 What restriction exists on Rehabilita- tion Research and Training Centers re- garding indirect costs? Subpart D—What Rehabilitation Engineer- ing Research Centers Does the Sec- retary Assist? 350.30 What requirements must a Rehabili- tation Engineering Research Center meet? 350.31 What collaboration must a Rehabili- tation Engineering Research Center en- gage in? 350.32 What activities must a Rehabilita- tion Engineering Research Center con- duct? 350.33 What cooperation requirements must a Rehabilitation Engineering Research Center meet? 350.34 Which Rehabilitation Engineering Research Centers must have an advisory committee? 350.35 What are the requirements for the composition of an advisory committee? Subpart E—How Does One Apply for an Award? 350.40 What is required of each applicant re- garding the needs of individuals with dis- abilities from minority backgrounds? 350.41 What State agency review must an applicant under the Disability and Reha- bilitation Research Projects and Centers Program obtain? Subpart F—How Does the Secretary Make an Award? 350.50 What is the peer review process for this Program? 350.51 What is the purpose of peer review? 350.52 What is the composition of a peer re- view panel? 350.53 How does the Secretary evaluate an application? 350.54 What selection criteria does the Sec- retary use in evaluating an application? 350.55 What are the additional consider- ations for selecting Field-Initiated Project applications for funding? Subpart G—What Conditions Must Be Met After an Award? 350.60 How must a grantee conduct activi- ties? 350.61 What evaluation requirements must a grantee meet? 350.62 What are the matching requirements? 350.63 What are the requirements of a grant- ee relative to the Client Assistance Pro- gram? 350.64 What is the required duration of the training in an Advanced Rehabilitation Research Training Project? 350.65 What level of participation is re- quired of trainees in an Advanced Reha- bilitation Research Training Project? 350.66 What must a grantee include in a pat- ent application? AUTHORITY: Sec. 204; 29 U.S.C. 761–762, un- less otherwise noted. SOURCE: 62 FR 5713, Feb. 6, 1997, unless oth- erwise noted. Subpart A—General § 350.1 What is the Disability and Re- habilitation Research Projects and Centers Program? The Disability and Rehabilitation Research Projects and Centers Pro- gram provides grants to establish and support— (a) The following Disability and Re- habilitation Research and Related Projects: (1) Disability and Rehabilitation Re- search Projects. (2) Field-Initiated Projects. (3) Advanced Rehabilitation Research Training Projects; and (b) The following Disability and Re- habilitation Research Centers: (1) Rehabilitation Research and Training Centers. 241 § 350.2 (2) Rehabilitation Engineering Re- search Centers. (Authority: Sec. 204; 29 U.S.C. 762) § 350.2 What is the purpose of the Dis- ability and Rehabilitation Research Project and Centers Program? The purpose of the Disability and Re- habilitation Research Project and Cen- ters Program is to plan and conduct re- search, demonstration projects, train- ing, and related activities, including international activities, to— (a) Develop methods, procedures, and rehabilitation technology, that maxi- mize the full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individ- uals with disabilities, especially indi- viduals with the most severe disabil- ities; and (b) Improve the effectiveness of serv- ices authorized under the Act. (Authority: Secs. 204(a) and (b)(6); 29 U.S.C. 762(a) and (b)(6)) § 350.3 Who is eligible for an award? The following entities are eligible for an award under this program: (a) States. (b) Public or private agencies, includ- ing for-profit agencies. (c) Public or private organizations, including for-profit organizations. (d) Institutions of higher education. (e) Indian tribes and tribal organiza- tions. (Authority: Sec. 204(a); 29 U.S.C. 762(a)) § 350.4 What regulations apply? The following regulations apply to the Disability and Rehabilitation Re- search Projects and Centers Program: (a) The Education Department Gen- eral Administrative Regulations (EDGAR) as follows: (1) 34 CFR part 74 (Administration of Grants and Agreements with Institu- tions of Higher Education, Hospitals, and Other Non-profit Organizations). (2) 34 CFR part 75 (Direct Grant Pro- grams). (3) 34 CFR part 77 (Definitions that Apply to Department Regulations). (4) 34 CFR part 80 (Uniform Adminis- trative Requirements for Grants and 34 CFR Ch. III (7–1–02 Edition) Cooperative Agreements to State and Local Governments). (5) 34 CFR part 81 (General Education Provisions Act—Enforcement). (6) 34 CFR part 82 (New Restrictions on Lobbying). (7) 34 CFR part 85 (Governmentwide Debarment and Suspension (Non- procurement) and Governmentwide Re- quirements for Drug-Free Workplace (Grants)). (8) 34 CFR part 86 (Drug-Free Schools and Campuses). (b) The regulations in this part 350. (c)(1) Subject to the additional re- quirement in paragraph (c)(2) of this section, 34 CFR part 97 (Protection of Human Subjects). (2) If an institutional review board (IRB) reviews research that purpose- fully requires inclusion of children with disabilities or individuals with mental disabilities as research sub- jects, the IRB must have at least one member who is primarily concerned with the welfare of these research sub- jects. (Authority: 29 U.S.C. 761a, 762, 42 U.S.C. 300v– 1(b)) § 350.5 What definitions apply? (a) The following definitions in 34 CFR part 77 apply to this part— Applicant Application Award Budget Department EDGAR Equipment Facilities Grant Grantee Nonprofit Private Project Project period Public Recipient Secretary Supplies State (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1)) (b) The following definitions also apply to this part. 242 Off. of Spec. Educ. and Rehab. Services, Education § 350.5 Act means the Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), as amended. (Authority: Sec. 202(i)(1); (29 U.S.C. 761a(i)(1)) Assistive technology device means any item, piece of equipment, or product system, whether acquired commer- cially or off the shelf, modified, or cus- tomized, that is used to increase, main- tain, or improve functional capabilities of individuals with disabilities. (Authority: Sec. 7(23); 29 U.S.C. 706(23)) Assistive technology service means any service that directly assists an indi- vidual with a disability in the selec- tion, acquisition, or use of an assistive technology device, including— (1) The evaluation of the needs of an individual with a disability, including a functional evaluation of the indi- vidual in the individual’s customary environment; (2) Purchasing, leasing, or otherwise providing for the acquisition of assist- ive technology devices by individuals with disabilities; (3) Selecting, designing, fitting, cus- tomizing, adapting, applying, main- taining, repairing, or replacing assist- ive technology devices; (4) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing edu- cation and rehabilitation plans and programs; (5) Training or technical assistance for individuals with disabilities, or, if appropriate, their family members, guardians, advocates, or authorized representatives; and (6) Training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individ- uals who provide services to employ, or are otherwise substantially involved in the major life functions of, individuals with disabilities. (Authority: Sec. 7(24); 29 U.S.C. 706(24)) Disability means a physical or mental impairment that substantially limits one or more major life activities. (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1)) Individual ith a disability means any individual who: (1) Has a physical or mental impair- ment that substantially limits one or more of the individual’s major life ac- tivities; (2) Has a record of this impairment; or (3) Is regarded as having this impair- ment. (Authority: Sec. 7(8)(B); 29 U.S.C. 706(8)(B)) Individual ith a severe disability means— (1)(i) An individual with a disability who has a severe physical or mental impairment that seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; (ii) Whose vocational rehabilitation can be expected to require multiple vo- cational rehabilitation services over an extended period of time; and (iii) Who has one or more physical or mental disabilities resulting from am- putation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neuro- logical disorders (including stroke and epilepsy), paraplegia, quadriplegia, other spinal cord impairments, sickle cell anemia, specific learning dis- ability, end-stage renal disease, or an- other disability or combination of dis- abilities determined on the basis of an assessment of rehabilitation needs to cause comparable substantial func- tional limitation; or (2) An individual with a severe men- tal or physical impairment whose abil- ity to function independently in the family or community or whose ability to obtain, maintain, or advance in em- ployment is substantially limited and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move towards functioning independ- ently in the family or community or to continue in employment, respectively. (Authority: Sec. 7(15)(C); 29 U.S.C. 706(15)(C)) 243 § 350.10 Personal assistance services means a range of services, provided by one or more persons, designed to assist an in- dividual with a disability to perform daily living activities, on and off the job, that the individual would typically perform if the individual did not have a disability. These services must be de- signed to increase the individual’s con- trol in life and ability to perform ev- eryday activities on and off the job. (Authority: Sec. 12(c); 29 U.S.C. 711(c)) Rehabilitation technology means the systematic application of technologies, engineering methodologies, or sci- entific principles to meet the needs of and address the barriers confronted by individuals with disabilities in such areas as education, rehabilitation, em- ployment, transportation, independent living, and recreation, and includes re- habilitation engineering, assistive technology devices, and assistive tech- nology services. (Authority: Sec. 7(13); 29 U.S.C. 706(13)) Research is classified on a continuum from basic to applied: (1) Basic research is research in which the investigator is concerned primarily with gaining new knowledge or under- standing of a subject without reference to any immediate application or util- ity. (2) Applied research is research in which the investigator is primarily in- terested in developing new knowledge, information or understanding which can be applied to a predetermined reha- bilitation problem or need. Applied re- search builds on selected findings from basic research. (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1)) State rehabilitation agency means the sole State agency designated to admin- ister (or supervise local administration of) the State plan for vocational reha- bilitation services. The term includes the State agency for the blind, if des- ignated as the State agency with re- spect to that part of the plan relating to the vocational rehabilitation of blind individuals. (Authority: Sec. 101(a)(1)(A); 29 U.S.C. 721(a)(1)(A)) Target population means the group of individuals, organizations, or other en- 34 CFR Ch. III (7–1–02 Edition) tities expected to be affected by the project. More than one group may be involved since a project may affect those who receive services, provide services, or administer services. (Authority: Sec. 202(i)(1); 29 U.S.C. 761a(i)(1)) Subpart B—What Projects Does the Secretary Assist? § 350.10 What are the general require- ments for Disability and Rehabilita- tion Research Projects? Disability and Rehabilitation Re- search Projects must meet the fol- lowing requirements: (a) Carry out one or more of the fol- lowing types of activities, as specified in §§ 350.13–350.19: (1) Research. (2) Development. (3) Demonstration. (4) Training. (5) Dissemination. (6) Utilization. (7) Technical assistance. (b) Further one or more of the pur- poses listed in § 350.2. (Authority: Sec. 202; 29 U.S.C. 761a) § 350.11 What are the general require- ments for a Field-Initiated Project? A Field-Initiated Project must— (a) Further one or more of the pur- poses in § 350.2; and (b) Carry out one of the following types of activities: (1) Research. (2) Development. (Authority: Sec. 202; 29 U.S.C. 761a) § 350.12 What are the general require- ments for an Advanced Rehabilita- tion Research Training Project? An Advanced Rehabilitation Re- search Training Project must— (a) Provide research training and ex- perience at an advanced level to indi- viduals with doctorates or similar ad- vanced degrees who have clinical or other relevant experience; (b) Further one or more of the pur- poses in § 350.2; and (c) Carry out all of the following ac- tivities: (1) Recruitment and selection of can- didates for advanced research training. 244 Off. of Spec. Educ. and Rehab. Services, Education § 350.19 (2) Provision of a training program that includes didactic and classroom instruction, is multidisciplinary, and emphasizes scientific methodology, and may involve collaboration among insti- tutions. (3) Provision of research experience, laboratory experience or its equivalent in a community-based research setting, and a practicum that involve each indi- vidual in clinical research and in prac- tical activities with organizations rep- resenting individuals with disabilities. (4) Provision of academic mentorship or guidance, and opportunities for sci- entific collaboration with qualified re- searchers at the host university and other appropriate institutions. (5) Provision of opportunities for par- ticipation in the development of pro- fessional presentations and publica- tions, and for attendance at profes- sional conferences and meetings as ap- propriate for the individual’s field of study and level of experience. (Authority: Sec. 202(k); 29 U.S.C. 761a(k)) § 350.13 What must a grantee do in carrying out a research activity? In carrying out a research activity under this program, a grantee shall— (a) Identify one or more hypotheses; and (b) Based on the hypotheses identi- fied, perform an intensive systematic study directed toward— (1) New or full scientific knowledge; or (2) Understanding of the subject or problem studied. (Authority: Sec. 202; 29 U.S.C. 761a) § 350.14 What must a grantee do in carrying out a training activity? In carrying out a training activity under this program, a grantee shall conduct a planned and systematic se- quence of supervised instruction that is designed to impart predetermined skills and knowledge. (Authority: Sec. 202; 29 U.S.C. 761a) § 350.15 What must a grantee do in carrying out a demonstration activ- ity? In carrying out a demonstration ac- tivity under this program, a grantee shall apply results derived from pre- vious research, testing, or practice to determine the effectiveness of a new strategy or approach. (Authority: Sec. 202; 29 U.S.C. 761a) § 350.16 What must a grantee do in carrying out a development activ- ity? In carrying out a development activ- ity under this program, a grantee must use knowledge and understanding gained from research to create mate- rials, devices, systems, or methods ben- eficial to the target population, includ- ing design and development of proto- types and processes. (Authority: Sec. 202; 29 U.S.C. 761a) § 350.17 What must a grantee do in carrying out a utilization activity? In carrying out a utilization activity under this program, a grantee must re- late research findings to practical ap- plications in planning, policy making, program administration, and delivery of services to individuals with disabil- ities. (Authority: Sec. 202; 29 U.S.C. 761a) § 350.18 What must a grantee do in carrying out a dissemination activ- ity? In carrying out a dissemination ac- tivity under this program, a grantee must systematically distribute infor- mation or knowledge through a variety of ways to potential users or bene- ficiaries. (Authority: Sec. 202; 29 U.S.C. 761a) § 350.19 What must a grantee do in carrying out a technical assistance activity? In carrying out a technical assist- ance activity under this program, a 245 § 350.20 grantee must provide expertise or in- formation for use in problem-solving. (Authority: Sec. 202; 29 U.S.C. 761a) Subpart C—What Rehabilitation Research and Training Cen- ters Does the Secretary Assist? § 350.20 What general requirements must a Rehabilitation Research and Training Center meet? A Rehabilitation Research and Train- ing Center shall— (a) Plan and conduct activities that further one or more of the purposes listed in § 350.2; (b) Serve as a center of national ex- cellence and as a national or regional resource for providers and individuals with disabilities and the parents, fam- ily members, guardians, advocates, or authorized representatives of the indi- viduals; (c) Be of sufficient size, scope, and quality to effectively carry out the ac- tivities in an efficient manner con- sistent with appropriate State and Fed- eral law; and (d) Be able to carry out training ac- tivities either directly or through an- other entity that can provide such training. (Authority: Secs. 204(b) and (b)(2)(K); 29 U.S.C. 762(b) and (b)(2)(K)) § 350.21 What collaboration must a Re- habilitation Research and Training Center engage in? A Rehabilitation Research and Train- ing Center must be operated by or in collaboration with— (a) One or more institutions of higher education; or (b) One or more providers of rehabili- tation or other appropriate services. (Authority: Sec. 204(b)(2); 29 U.S.C. 762(b)(2)) § 350.22 What activities must a Reha- bilitation Research and Training Center conduct? A Rehabilitation Research and Train- ing Center shall— (a) Carry out research activities by conducting coordinated and advanced programs of research in rehabilitation targeted toward the production of new knowledge that will— 34 CFR Ch. III (7–1–02 Edition) (1) Improve rehabilitation method- ology and service delivery systems; (2) Alleviate or stabilize disabling conditions; and (3) Promote maximum social and eco- nomic independence of individuals with disabilities; (b) Conduct training activities by providing training (including graduate, pre-service, and in-service training) to assist— (1) Rehabilitation personnel and other individuals to more effectively provide rehabilitation services; and (2) Rehabilitation research personnel and other rehabilitation personnel to improve their capacity to conduct re- search; and (c) Conduct technical assistance ac- tivities by serving as an informational and technical assistance resource for providers, individuals with disabilities, and the parents, family members, guardians, advocates, or authorized representatives of the individuals with disabilities, through conferences, workshops, public education programs, in-service training programs, and simi- lar activities. § 350.23 What restriction exists on Re- habilitation Research and Training Centers regarding indirect costs? A host institution with which a Re- habilitation Research and Training Center is affiliated may not collect more than fifteen percent of the total grant award as indirect cost charges, notwithstanding the provisions in 34 CFR 75.562. (Authority: Sec. 204(b)(2)(O); 29 U.S.C. 762(b)(2)(O)) Subpart D—What Rehabilitation Engineering Research Centers Does the Secretary Assist? § 350.30 What requirements must a Re- habilitation Engineering Research Center meet? A Rehabilitation Engineering Re- search Center shall plan and conduct activities that— (a) Further one or more of the pur- poses listed in § 350.2; and (b)(1) Lead to the development of methods, procedures, and devices that 246 Off. of Spec. Educ. and Rehab. Services, Education § 350.33 will benefit individuals with disabil- ities, especially those with the most se- vere disabilities; or (2) Involve rehabilitation technology and enhance opportunities for meeting the needs of, and addressing the bar- riers confronted by, individuals with disabilities in all aspects of their lives. (Authority: Sec. 204(b)(3); 29 U.S.C. 762(b)(3)) § 350.31 What collaboration must a Re- habilitation Engineering Research Center engage in? A Rehabilitation Engineering Re- search Center must be operated by or in collaboration with— (a) One or more institutions of higher education; or (b) One or more nonprofit organiza- tions. (Authority: Sec. 204(b)(3); 29 U.S.C. 762(b)(3)) § 350.32 What activities must a Reha- bilitation Engineering Research Center conduct? A Rehabilitation Engineering Re- search Center shall— (a) Conduct research or demonstra- tion activities by using one or more of the following strategies: (1) Developing and disseminating in- novative methods of applying advanced technology, scientific achievement, and psychological and social knowl- edge to solve rehabilitation problems and remove environmental barriers through— (i) Planning and conducting research, including cooperative research with public or private agencies and organi- zations, designed to produce new sci- entific knowledge and new or improved methods, equipment, or devices; and (ii) Studying and evaluating new or emerging technologies, products, or en- vironments and their effectiveness and benefits. (2) Demonstrating and dissemi- nating— (i) Innovative models for the delivery to rural and urban areas of cost-effec- tive rehabilitation technology services that will promote the use of assistive technology services; and (ii) Other scientific research to assist in meeting the employment and inde- pendent living needs of individuals with severe disabilities. (3) Conducting research and dem- onstration activities that facilitate service delivery systems change by demonstrating, evaluating, docu- menting, and disseminating— (i) Consumer-responsive and indi- vidual and family-centered innovative models for the delivery, to both rural and urban areas, of innovative, cost-ef- fective rehabilitation technology serv- ices that promote use of rehabilitation technology; and (ii) Other scientific research to assist in meeting the employment and inde- pendent living needs of, and addressing the barriers confronted by individuals with disabilities, including individuals with severe disabilities; (b) To the extent consistent with the nature and type of research or dem- onstration activities described in para- graph (a) of this section, carry out re- search, training, and information dis- semination activities by— (1) Providing training opportunities to individuals, including individuals with disabilities, to enable them to be- come rehabilitation technology re- searchers and practitioners of rehabili- tation technology in conjunction with institutions of higher education and nonprofit organizations; and (2) Responding, through research or demonstration activities, to the needs of individuals with all types of disabil- ities who may benefit from the applica- tion of technology within the subject area of focus of the Center. (c) Conduct orientation seminars for rehabilitation service personnel to im- prove the application of rehabilitation technology; (d) Conduct activities that specifi- cally demonstrate means for utilizing rehabilitation technology; and (e) Provide technical assistance and consultation that are responsive to concerns of service providers and con- sumers. (Authority: Sec. 204(b)(3); 29 U.S.C. 762(b)(3)) § 350.33 What cooperation require- ments must a Rehabilitation Engi- neering Research Center meet? A Rehabilitation Engineering Re- search Center— (a) Shall cooperate with State agen- cies and other local, State, regional, 247 § 350.34 and national programs and organiza- tions developing or delivering rehabili- tation technology, including State pro- grams funded under the Technology- Related Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C. 2201 et seq.); and (b) To the extent consistent with the nature and type of research or dem- onstration activities described in § 350.32(a), shall cooperate with the en- tities described in paragraph (a) of this section to provide information to indi- viduals with disabilities and their par- ents, family members, guardians, advo- cates, or authorized representatives, to— (1) Increase awareness and under- standing of how rehabilitation tech- nology can address their needs; and (2) Increase awareness and under- standing of the range of options, pro- grams, services, and resources avail- able, including financing options for the technology and services covered by the subject area of focus of the Center. (Authority: Sec. 204(b)(3) and (c); 29 U.S.C. 762(b)(3) and (c)) § 350.34 Which Rehabilitation Engi- neering Research Centers must have an advisory committee? A Rehabilitation Engineering Re- search Center conducting research or demonstration activities that facili- tate service delivery systems change must have an advisory committee. (Authority: Sec. 204 (b)(3)(D); 29 U.S.C. 762 (b)(3)(D)) § 350.35 What are the requirements for the composition of an advisory com- mittee? The majority of a Rehabilitation En- gineering Research Center advisory committee’s members must be com- prised of individuals with disabilities who are users of rehabilitation tech- nology, or their parents, family mem- bers, guardians, advocates, or author- ized representatives. (Authority: Sec. 204(b)(3)(D); 29 U.S.C. 762(b)(3)(D)) 34 CFR Ch. III (7–1–02 Edition) Subpart E—How Does One Apply for an Award? § 350.40 What is required of each ap- plicant regarding the needs of indi- viduals with disabilities from mi- nority backgrounds? (a) Unless the Secretary indicates otherwise in a notice published in the FEDERAL REGISTER, an applicant for as- sistance under this program must dem- onstrate in its application how it will address, in whole or in part, the needs of individuals with disabilities from minority backgrounds. (b) The approaches an applicant may take to meet this requirement may in- clude one or more of the following: (1) Proposing project objectives ad- dressing the needs of individuals with disabilities from minority back- grounds. (2) Demonstrating that the project will address a problem that is of par- ticular significance to individuals with disabilities from minority back- grounds. (3) Demonstrating that individuals from minority backgrounds will be in- cluded in study samples in sufficient numbers to generate information perti- nent to individuals with disabilities from minority backgrounds. (4) Drawing study samples and pro- gram participant rosters from popu- lations or areas that include individ- uals from minority backgrounds. (5) Providing outreach to individuals with disabilities from minority back- grounds to ensure that they are aware of rehabilitation services, clinical care, or training offered by the project. (6) Disseminating materials to or otherwise increasing the access to dis- ability information among minority populations. (Approved by the Office of Management and Budget under control number 1820–0027) (Authority: Sec. 21(b)(6); 29 U.S.C. 718b(b)(6)) § 350.41 What State agency review must an applicant under the Dis- ability and Rehabilitation Research Projects and Centers Program ob- tain? (a) An applicant that proposes to conduct research, demonstrations, or 248 Off. of Spec. Educ. and Rehab. Services, Education § 350.53 related activities that will either in- volve clients of the State vocational rehabilitation agency as research sub- jects or study vocational rehabilitation services or techniques under this pro- gram, shall follow the requirements in 34 CFR 75.155 through 75.159. (b) For the purposes of this Program, State as used in 34 CFR 75.155 through 75.159 means the State rehabilitation agency or agencies in the primary State or States to be affected by the proposed activities. (Authority: Secs. 204(c) and 306(i); 29 U.S.C. 762(c) and 766(a)) Subpart F—How Does the Secretary Make an Award? § 350.50 What is the peer review proc- ess for this Program? (a) The Secretary refers each applica- tion for a grant governed by those reg- ulations in this part to a peer review panel established by the Secretary. (b) Peer review panels review applica- tions on the basis of the applicable se- lection criteria in § 350.54. (Authority: Sec. 202(e); 29 U.S.C. 761a(e)) § 350.51 What is the purpose of peer review? The purpose of peer review is to in- sure that— (a) Those activities supported by the National Institute on Disability and Rehabilitation Research (NIDRR) are of the highest scientific, administra- tive, and technical quality; and (b) Activity results may be widely applied to appropriate target popu- lations and rehabilitation problems. (Authority: Sec. 202(e); 29 U.S.C. 761a(e)) § 350.52 What is the composition of a peer review panel? (a) The Secretary selects as members of a peer review panel scientists and other experts in rehabilitation or re- lated fields who are qualified, on the basis of training, knowledge, or experi- ence, to give expert advice on the merit of the applications under review. (b) Applications for awards of $60,000 or more, except those for the purposes of evaluation, dissemination of infor- mation, or conferences, must be re- viewed by a peer review panel that con- sists of a majority of non-Federal members. (c) In selecting members to serve on a peer review panel, the Secretary takes into account all of the following factors: (1) The level of formal scientific or technical education completed by po- tential panel members. (2)(i) The extent to which potential panel members have engaged in sci- entific, technical, or administrative ac- tivities appropriate to the category of applications that the panel will con- sider; (ii) The roles of potential panel mem- bers in those activities; and (iii) The quality of those activities. (3) The recognition received by po- tential panel members as reflected by awards and other honors from sci- entific and professional agencies and organizations outside the Department. (4) Whether the panel includes knowl- edgeable individuals with disabilities, or parents, family members, guardians, advocates, or authorized representa- tives of individuals with disabilities. (5) Whether the panel includes indi- viduals from diverse populations. (Authority: Secs. 18 and 202(e); 29 U.S.C. 717 and 761a(e)) § 350.53 How does the Secretary evalu- ate an application? (a)(1)(i) The Secretary selects one or more of the selection criteria in § 350.54 to evaluate an application; (ii) The Secretary establishes selec- tion criteria based on statutory provi- sions that apply to the Program which may include, but are not limited to— (A) Specific statutory selection cri- teria; (B) Allowable activities; (C) Application content require- ments; or (D) Other pre-award and post-award conditions; or (iii) The Secretary uses a combina- tion of selection criteria established under paragraph (a)(1)(ii) of this sec- tion and selection criteria in § 350.54. (2) For Field-Initiated Projects, the Secretary does not consider § 350.54(b) (Responsiveness to the Absolute or Competitive Priority) in evaluating an application. 249 § 350.54 (b)(1) In considering selection cri- teria in § 350.54, the Secretary selects one or more of the factors listed in the criteria except as provided for in para- graph (b)(2) of this section. (2) Under § 350.54, the Secretary al- ways considers the factor in paragraph (n)(2) of that section. (c) The maximum possible score for an application is 100 points. (d)(1) In the application package or a notice published in the FEDERAL REG- ISTER, the Secretary informs appli- cants of— (i)(A) The selection criteria chosen; and (B) The maximum possible score for each of the selection criteria; and (ii)(A) The factors selected for con- sidering the selection criteria; and (B) If points are assigned to each fac- tor, the maximum possible score for each factor under each criterion. (2) If no points are assigned to each factor, the Secretary evaluates each factor equally. (e) For Field-Initiated Projects, in addition to the selection criteria, the Secretary uses the additional consider- ations in selecting applications for funding as described in § 350.55. (Authority: Sec. 202(e); 29 U.S.C. 761a(e)) § 350.54 What selection criteria does the Secretary use in evaluating an application? In addition to criteria established under § 350.53(a)(1)(ii), the Secretary may select one or more of the following criteria in evaluating an application: (a) Importance of the problem. (1) The Secretary considers the importance of the problem. (2) In determining the importance of the problem, the Secretary considers one or more of the following factors: (i) The extent to which the applicant clearly describes the need and target population. (ii) The extent to which the proposed activities further the purposes of the Act. (iii) The extent to which the proposed activities address a significant need of one or more disabled populations. (iv) The extent to which the proposed activities address a significant need of rehabilitation service providers. 34 CFR Ch. III (7–1–02 Edition) (v) The extent to which the proposed activities address a significant need of those who provide services to individ- uals with disabilities. (vi) The extent to which the appli- cant proposes to provide training in a rehabilitation discipline or area of study in which there is a shortage of qualified researchers, or to a trainee population in which there is a need for more qualified researchers. (vii) The extent to which the pro- posed project will have beneficial im- pact on the target population. (b) Responsiveness to an absolute or competitive priority. (1) The Secretary considers the responsiveness of the ap- plication to an absolute or competitive priority published in the FEDERAL REG- ISTER. (2) In determining the application’s responsiveness to the absolute or com- petitive priority, the Secretary con- siders one or more of the following fac- tors: (i) The extent to which the applicant addresses all requirements of the abso- lute or competitive priority. (ii) The extent to which the appli- cant’s proposed activities are likely to achieve the purposes of the absolute or competitive priority. (c) Design of research activities. (1) The Secretary considers the extent to which the design of research activities is likely to be effective in accom- plishing the objectives of the project. (2) In determining the extent to which the design is likely to be effec- tive in accomplishing the objectives of the project, the Secretary considers one or more of the following factors: (i) The extent to which the research activities constitute a coherent, sus- tained approach to research in the field, including a substantial addition to the state-of-the-art. (ii) The extent to which the method- ology of each proposed research activ- ity is meritorious, including consider- ation of the extent to which— (A) The proposed design includes a comprehensive and informed review of the current literature, demonstrating knowledge of the state-of-the-art; (B) Each research hypothesis is theo- retically sound and based on current knowledge; 250 Off. of Spec. Educ. and Rehab. Services, Education § 350.54 (C) Each sample population is appro- priate and of sufficient size; (D) The data collection and measure- ment techniques are appropriate and likely to be effective; and (E) The data analysis methods are appropriate. (iii) The extent to which anticipated research results are likely to satisfy the original hypotheses and could be used for planning additional research, including generation of new hypotheses where applicable. (d) Design of development activities. (1) The Secretary considers the extent to which the design of development ac- tivities is likely to be effective in ac- complishing the objectives of the project. (2)(i) In determining the extent to which the design is likely to be effec- tive in accomplishing the objectives of the project, the Secretary considers one or more of the following factors: (ii) The extent to which the plan for development, clinical testing, and eval- uation of new devices and technology is likely to yield significant products or techniques, including consideration of the extent to which— (A) The proposed project will use the most effective and appropriate tech- nology available in developing the new device or technique; (B) The proposed development is based on a sound conceptual model that demonstrates an awareness of the state-of-the-art in technology; (C) The new device or technique will be developed and tested in an appro- priate environment; (D) The new device or technique is likely to be cost-effective and useful; (E) The new device or technique has the potential for commercial or private manufacture, marketing, and distribu- tion of the product; and (F) The proposed development efforts include adequate quality controls and, as appropriate, repeated testing of products. (e) Design of demonstration activities. (1) The Secretary considers the extent to which the design of demonstration activities is likely to be effective in ac- complishing the objectives of the project. (2) In determining the extent to which the design is likely to be effec- tive in accomplishing the objectives of the project, the Secretary considers one or more of the following factors: (i) The extent to which the proposed demonstration activities build on pre- vious research, testing, or practices. (ii) The extent to which the proposed demonstration activities include the use of proper methodological tools and theoretically sound procedures to de- termine the effectiveness of the strat- egy or approach. (iii) The extent to which the proposed demonstration activities include inno- vative and effective strategies or ap- proaches. (iv) The extent to which the proposed demonstration activities are likely to contribute to current knowledge and practice and be a substantial addition to the state-of-the-art. (v) The extent to which the proposed demonstration activities can be applied and replicated in other settings. (f) Design of training activities. (1) The Secretary considers the extent to which the design of training activities is likely to be effective in accom- plishing the objectives of the project. (2) In determining the extent to which the design is likely to be effec- tive in accomplishing the objectives of the project, the Secretary considers one or more of the following factors: (i) The extent to which the proposed training materials are likely to be ef- fective, including consideration of their quality, clarity, and variety. (ii) The extent to which the proposed training methods are of sufficient qual- ity, intensity, and duration. (iii) The extent to which the proposed training content— (A) Covers all of the relevant aspects of the subject matter; and (B) If relevant, is based on new knowledge derived from research ac- tivities of the proposed project. (iv) The extent to which the proposed training materials, methods, and con- tent are appropriate to the trainees, in- cluding consideration of the skill level of the trainees and the subject matter of the materials. (v) The extent to which the proposed training materials and methods are ac- cessible to individuals with disabil- ities. 251 § 350.54 (vi) The extent to which the appli- cant’s proposed recruitment program is likely to be effective in recruiting highly qualified trainees, including those who are individuals with disabil- ities. (vii) The extent to which the appli- cant is able to carry out the training activities, either directly or through another entity. (viii) The extent to which the pro- posed didactic and classroom training programs emphasize scientific method- ology and are likely to develop highly qualified researchers. (ix) The extent to which the quality and extent of the academic mentorship, guidance, and supervision to be pro- vided to each individual trainee are of a high level and are likely to develop highly qualified researchers. (x) The extent to which the type, ex- tent, and quality of the proposed clin- ical and laboratory research experi- ence, including the opportunity to par- ticipate in advanced-level research, are likely to develop highly qualified re- searchers. (xi) The extent to which the opportu- nities for collegial and collaborative activities, exposure to outstanding sci- entists in the field, and opportunities to participate in the preparation of scholarly or scientific publications and presentations are extensive and appro- priate. (g) Design of dissemination activities. (1) The Secretary considers the extent to which the design of dissemination activities is likely to be effective in ac- complishing the objectives of the project. (2) In determining the extent to which the design is likely to be effec- tive in accomplishing the objectives of the project, the Secretary considers one or more of the following factors: (i) The extent to which the content of the information to be disseminated— (A) Covers all of the relevant aspects of the subject matter; and (B) If appropriate, is based on new knowledge derived from research ac- tivities of the project. (ii) The extent to which the mate- rials to be disseminated are likely to be effective and usable, including con- sideration of their quality, clarity, va- riety, and format. 34 CFR Ch. III (7–1–02 Edition) (iii) The extent to which the methods for dissemination are of sufficient quality, intensity, and duration. (iv) The extent to which the mate- rials and information to be dissemi- nated and the methods for dissemina- tion are appropriate to the target pop- ulation, including consideration of the familiarity of the target population with the subject matter, format of the information, and subject matter. (v) The extent to which the informa- tion to be disseminated will be acces- sible to individuals with disabilities. (h) Design of utilization activities. (1) The Secretary considers the extent to which the design of utilization activi- ties is likely to be effective in accom- plishing the objectives of the project. (2) In determining the extent to which the design is likely to be effec- tive in accomplishing the objectives of the project, the Secretary considers one or more of the following factors: (i) The extent to which the potential new users of the information or tech- nology have a practical use for the in- formation and are likely to adopt the practices or use the information or technology, including new devices. (ii) The extent to which the utiliza- tion strategies are likely to be effec- tive. (iii) The extent to which the informa- tion or technology is likely to be of use in other settings. (i) Design of technical assistance activi- ties. (1) The Secretary considers the ex- tent to which the design of technical assistance activities is likely to be ef- fective in accomplishing the objectives of the project. (2) In determining the extent to which the design is likely to be effec- tive in accomplishing the objectives of the project, the Secretary considers one or more of the following factors: (i) The extent to which the methods for providing technical assistance are of sufficient quality, intensity, and du- ration. (ii) The extent to which the informa- tion to be provided through technical assistance covers all of the relevant as- pects of the subject matter. (iii) The extent to which the tech- nical assistance is appropriate to the 252 Off. of Spec. Educ. and Rehab. Services, Education § 350.54 target population, including consider- ation of the knowledge level of the tar- get population, needs of the target pop- ulation, and format for providing infor- mation. (iv) The extent to which the tech- nical assistance is accessible to indi- viduals with disabilities. (j) Plan of operation. (1) The Secretary considers the quality of the plan of op- eration. (2) In determining the quality of the plan of operation, the Secretary con- siders one or more of the following fac- tors: (i) The adequacy of the plan of oper- ation to achieve the objectives of the proposed project on time and within budget, including clearly defined re- sponsibilities, and timelines for accom- plishing project tasks. (ii) The adequacy of the plan of oper- ation to provide for using resources, equipment, and personnel to achieve each objective. (k) Collaboration. (1) The Secretary considers the quality of collaboration. (2) In determining the quality of col- laboration, the Secretary considers one or more of the following factors: (i) The extent to which the appli- cant’s proposed collaboration with one or more agencies, organizations, or in- stitutions is likely to be effective in achieving the relevant proposed activi- ties of the project. (ii) The extent to which agencies, or- ganizations, or institutions dem- onstrate a commitment to collaborate with the applicant. (iii) The extent to which agencies, or- ganizations, or institutions that com- mit to collaborate with the applicant have the capacity to carry out collabo- rative activities. (l) Adequacy and reasonableness of the budget. (1) The Secretary considers the adequacy and the reasonableness of the proposed budget. (2) In determining the adequacy and the reasonableness of the proposed budget, the Secretary considers one or more of the following factors: (i) The extent to which the costs are reasonable in relation to the proposed project activities. (ii) The extent to which the budget for the project, including any sub- contracts, is adequately justified to support the proposed project activities. (iii) The extent to which the appli- cant is of sufficient size, scope, and quality to effectively carry out the ac- tivities in an efficient manner. (m) Plan of evaluation. (1) The Sec- retary considers the quality of the plan of evaluation. (2) In determining the quality of the plan of evaluation, the Secretary con- siders one or more of the following fac- tors: (i) The extent to which the plan of evaluation provides for periodic assess- ment of progress toward— (A) Implementing the plan of oper- ation; and (B) Achieving the project’s intended outcomes and expected impacts. (ii) The extent to which the plan of evaluation will be used to improve the performance of the project through the feedback generated by its periodic as- sessments. (iii) The extent to which the plan of evaluation provides for periodic assess- ment of a project’s progress that is based on identified performance meas- ures that— (A) Are clearly related to the in- tended outcomes of the project and ex- pected impacts on the target popu- lation; and (B) Are objective, and quantifiable or qualitative, as appropriate. (n) Project staff. (1) The Secretary considers the quality of the project staff. (2) In determining the quality of the project staff, the Secretary considers the extent to which the applicant en- courages applications for employment from persons who are members of groups that have traditionally been underrepresented based on race, color, national origin, gender, age, or dis- ability. (3) In addition, the Secretary con- siders one or more of the following: (i) The extent to which the key per- sonnel and other key staff have appro- priate training and experience in dis- ciplines required to conduct all pro- posed activities. (ii) The extent to which the commit- ment of staff time is adequate to ac- complish all the proposed activities of the project. 253 § 350.55 (iii) The extent to which the key per- sonnel are knowledgeable about the methodology and literature of perti- nent subject areas. (iv) The extent to which the project staff includes outstanding scientists in the field. (v) The extent to which key per- sonnel have up-to-date knowledge from research or effective practice in the subject area covered in the priority. (o) Adequacy and accessibility of re- sources. (1) The Secretary considers the adequacy and accessibility of the appli- cant’s resources to implement the pro- posed project. (2) In determining the adequacy and accessibility of resources, the Sec- retary considers one or more of the fol- lowing factors: (i) The extent to which the applicant is committed to provide adequate fa- cilities, equipment, other resources, in- cluding administrative support, and laboratories, if appropriate. (ii) The quality of an applicant’s past performance in carrying out a grant. (iii) The extent to which the appli- cant has appropriate access to clinical populations and organizations rep- resenting individuals with disabilities to support advanced clinical rehabilita- tion research. (iv) The extent to which the facili- ties, equipment, and other resources are appropriately accessible to individ- uals with disabilities who may use the facilities, equipment, and other re- sources of the project. (Approved by the Office of Management and Budget under control number 1820–0027) (Authority: Secs. 202 and 204; 29 U.S.C. 761a and 762) § 350.55 What are the additional con- siderations for selecting Field-Initi- ated Project applications for fund- ing? (a) The Secretary reserves funds to support some or all of the Field-Initi- ated Project applications that have been awarded points totaling 80% or more of the maximum possible points under the procedures described in § 350.53. (b) In making a final selection of ap- plications to support as Field-Initiated Projects, the Secretary considers the extent to which applications that have 34 CFR Ch. III (7–1–02 Edition) been awarded a rating of 80% or more of the maximum possible points and meet one or more of the following con- ditions: (1) The proposed project represents a unique opportunity to advance reha- bilitation knowledge to improve the lives of individuals with disabilities. (2) The proposed project com- plements research already planned or funded by the NIDRR through annual priorities published in the FEDERAL REGISTER or addresses the research in a new and promising way. (Authority: Secs. 202 (g) and (i)(1); 29 U.S.C. 761a(g) and 761a(i)(1)) Subpart G—What Conditions Must Be Met After an Award? § 350.60 How must a grantee conduct activities? A grantee must— (a) Conduct all activities in a manner that is accessible to and usable by indi- viduals with disabilities; and (b) If a grantee carries out more than one activity, carry out integrated ac- tivities. (Authority: Secs. 202 and 204(b)(2); 29 U.S.C. 761a and 762(b)) § 350.61 What evaluation requirements must a grantee meet? (a) A grantee must establish perform- ance measures for use in its evaluation that— (1) Are clearly related to the— (i) Intended outcomes of the project; and (ii) Expected impacts on the target population; and (2) To the extent possible are quan- tifiable, or are objective and quali- tative. (b) A grantee must make periodic as- sessments of progress that will provide the grantee with performance feedback related to— (1) Progress in implementing the plan of operation; and (2) Progress in achieving the intended outcomes and expected impacts as as- sessed by the established performance measures. (Authority: Secs. 202 and 204; 29 U.S.C. 761a and 762) 254 Off. of Spec. Educ. and Rehab. Services, Education Pt. 356 § 350.62 What are the matching re- quirements? (a)(1) The Secretary may make grants to pay for part of the costs of re- search and demonstration projects that bear directly on the development of procedures, methods, and devices to as- sist the provision of vocational and other rehabilitation services, and re- search training and career development projects. (2) Each grantee must participate in the costs of those projects. (3) The specific amount of cost shar- ing to be borne by each grantee— (i) Is negotiated at the time of the award; and (ii) Is not considered in the selection process. (b)(1) The Secretary may make grants to pay for part or all of the costs of— (i) Establishment and support of Re- habilitation Research and Training Centers and Rehabilitation Engineer- ing Research Centers; and (ii) Specialized research or dem- onstration activities described in sec- tion 204(b)(2)–(16) of the Act. (2) The Secretary determines at the time of the award whether the grantee must pay a portion of the project or center costs. (Authority: Sec. 204; 29 U.S.C. 762) § 350.63 What are the requirements of a grantee relative to the Client As- sistance Program? All Projects and Centers that provide services to individuals with disabilities with funds awarded under this Program must— (a) Advise those individuals who are applicants for or recipients of services under the Act, or their parents, family members, guardians, advocates, or au- thorized representatives, of the avail- ability and purposes of the Client As- sistance Program (CAP) funded under the Act; and (b) Provide information on the means of seeking assistance under the CAP. (Authority: Sec. 20; 29 U.S.C. 718a) § 350.64 What is the required duration of the training in an Advanced Re- habilitation Research Training Project? A grantee for an Advanced Rehabili- tation Research Training Project shall provide training to individuals that is at least one academic year, unless a longer training period is necessary to ensure that each trainee is qualified to conduct independent research upon completion of the course of training. (Authority: Secs. 202–204; 29 U.S.C. 760–762) § 350.65 What level of participation is required of trainees in an Advanced Rehabilitation Research Training Project? Individuals who are receiving train- ing under an Advanced Rehabilitation Research Training Project shall devote at least eighty percent of their time to the activities of the training program during the training period. (Authority: Secs. 202–204; 29 U.S.C. 760–762) § 350.66 What must a grantee include in a patent application? Any patent application filed by a grantee for an invention made under a grant must include the following state- ment in the first paragraph: The invention described in this application was made under a grant from the Depart- ment of Education. (Authority: 20 U.S.C. 1221e–3) PART 356—DISABILITY AND REHA- BILITATION RESEARCH: RESEARCH FELLOWSHIPS Subpart A—General Sec. 356.1 What is the Research Fellowships Pro- gram? 356.2 Who is eligible for assistance under this program? 356.3 What regulations apply to this pro- gram? 356.4 What definitions apply to this pro- gram? Subpart B—What Kinds of Activities Does the Department Support Under This Program? 356.10 What types of activities are author- ized? 255