[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Notices]
[Pages 24934-24938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10010]
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DEPARTMENT OF EDUCATION
[CFDA Number 84.133A-01]
Proposed Priority--National Institute on Disability and
Rehabilitation Research--Disability and Rehabilitation Research
Projects and Centers Program--Disability and Rehabilitation Research
Project (DRRP)--Employment of Individuals With Disabilities
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Notice.
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SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services proposes a priority under the Disability and
Rehabilitation Research Projects and Centers Program administered by
the National Institute on Disability and Rehabilitation Research
(NIDRR). Specifically, this notice proposes a priority for a Disability
and Rehabilitation Research Project (DRRP) on Employment of Individuals
with Disabilities. The
[[Page 24935]]
Assistant Secretary may use this priority for competitions in fiscal
year (FY) 2012 and later years. We take this action to focus research
attention on areas of national need. We intend this priority to
contribute to improved employment outcomes for individuals with
disability.
DATES: We must receive your comments on or before May 29, 2012.
ADDRESSES: Address all comments about this notice to Marlene Spencer,
U.S. Department of Education, 400 Maryland Avenue SW., room 5133,
Potomac Center Plaza (PCP), Washington, DC 20202-2700.
If you prefer to send your comments by email, use the following
address: Marlene.Spencer@ed.gov. You must include the phrase ``Proposed
Priority for Employment of Individuals with Disabilities'' in the
subject line of your electronic message.
FOR FURTHER INFORMATION CONTACT: Marlene Spencer. Telephone: (202) 245-
7532 or by email: Marlene.Spencer@ed.gov.
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: This notice of proposed priority is in
concert with NIDRR's currently approved Long-Range Plan (Plan). The
currently approved Plan, which was published in the Federal Register on
February 15, 2006 (71 FR 8165), can be accessed on the Internet at the
following site: http://www2.ed.gov/legislation/FedRegister/other/2006-1/021506d.pdf.
Through the implementation of the currently approved Plan, NIDRR
seeks to: (1) Improve the quality and utility of disability and
rehabilitation research; (2) foster an exchange of expertise,
information, and training to facilitate the advancement of knowledge
and understanding of the unique needs of traditionally underserved
populations; (3) determine best strategies and programs to improve
rehabilitation outcomes for underserved populations; (4) identify
research gaps; (5) identify mechanisms of integrating research and
practice; and (6) disseminate findings.
This notice proposes a priority that NIDRR intends to use for a
DRRP competition in FY 2012 and possibly later years. However, nothing
precludes NIDRR from publishing additional priorities, if needed.
Furthermore, NIDRR is under no obligation to make an award using this
priority. The decision to make an award will be based on the quality of
applications received and available funding.
Invitation to Comment: We invite you to submit comments regarding
this notice. To ensure that your comments have maximum effect in
developing the notice of final priority, we urge you to identify
clearly the specific topic that each comment addresses.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866 and 13563 and their overall
requirement of reducing regulatory burden that might result from this
proposed priority. Please let us know of any further ways we could
reduce potential costs or increase potential benefits while preserving
the effective and efficient administration of the program.
During and after the comment period, you may inspect all public
comments about this notice in Room 5133, 550 12th Street SW., PCP,
Washington, DC, between the hours of 8:30 a.m. and 4 p.m., Washington,
DC time, Monday through Friday of each week except Federal holidays.
Assistance to Individuals with Disabilities in Reviewing the Rulemaking
Record: On request we will provide an appropriate accommodation or
auxiliary aid to an individual with a disability who needs assistance
to review the comments or other documents in the public rulemaking
record for this notice. If you want to schedule an appointment for this
type of accommodation or auxiliary aid, please contact the person
listed under FOR FURTHER INFORMATION CONTACT.
Purpose of Program: The purpose of the Disability and
Rehabilitation Research Projects and Centers Program is to plan and
conduct research, demonstration projects, training, and related
activities, including international activities, to develop methods,
procedures, and rehabilitation technology, that maximize the full
inclusion and integration into society, employment, independent living,
family support, and economic and social self-sufficiency of individuals
with disabilities, especially individuals with the most severe
disabilities, and to improve the effectiveness of services authorized
under the Rehabilitation Act of 1973, as amended (Rehabilitation Act).
Disability and Rehabilitation Research Projects
The purpose of NIDRR's DRRPs, which are funded through the
Disability and Rehabilitation Research Projects and Centers Program,
are to improve the effectiveness of services authorized under the
Rehabilitation Act of 1973, as amended, by developing methods,
procedures, and rehabilitation technologies that advance a wide range
of independent living and employment outcomes for individuals with
disabilities, especially individuals with the most severe disabilities.
DRRPs carry out one or more of the following types of activities, as
specified and defined in 34 CFR 350.13 through 350.19: research,
training, demonstration, development, dissemination, utilization, and
technical assistance.
An applicant for assistance under this program must demonstrate in
its application how it will address, in whole or in part, the needs of
individuals with disabilities from minority backgrounds (34 CFR
350.40(a)). The approaches an applicant may take to meet this
requirement are found in 34 CFR 350.40(b). Additional information on
the DRRP program can be found at: http://www.ed.gov/rschstat/research/pubs/res-program.html#DRRP.
Program Authority: 29 U.S.C. 762(g) and 764(a).
Applicable Program Regulations: 34 CFR part 350.
Proposed Priority: This notice contains one proposed priority.
DRRP on Employment of Individuals With Disabilities
Background
Despite the enactment of legislation and the implementation of a
variety of policy and program efforts at the Federal and State levels
to improve employment outcomes for individuals with disabilities, the
employment rate for individuals with disabilities remains substantially
lower than the rate for those without disabilities. The economic
downturn in recent years has resulted in still greater workforce
disparities. In December 2011, 17.9 percent of persons with a
disability age 16 years and older were employed, compared to 63.7
percent of persons without a disability (U.S. Department of Labor,
2012). Among persons 25 to 54 years of age during the recent recession,
the unemployment rate of persons with a disability ranged from 2.0 to
2.3 times that of persons without a disability (Fogg, Harrington,
McMahon, 2010). These differences in employment and unemployment rates
exist across all socio-demographic groups. Additionally, the median
earnings for persons with a disability who are employed are $19,500 per
year as compared to $29,997 per year earned by persons without a
disability (U.S. Census Bureau, 2011).
NIDRR has funded a wide range of disability research and
development
[[Page 24936]]
projects on employment topics, including on the impact of government
policies and programs on employment outcomes for individuals with
disabilities; employer practices and workplace environments; individual
characteristics that affect employment outcomes of individuals with
disabilities; technology to support employment outcomes of individuals
with disabilities; and vocational rehabilitation (VR) practice. NIDRR
seeks to build on this research by supporting innovative and well-
designed research and development projects that fall under one or more
general employment topic areas and that focus on a specific stage of
research (i.e., exploration, intervention development, intervention
efficacy, and scale-up evaluation). This priority would require a
project to focus its research or development activities on a general
employment area or areas and, to the extent an applicant proposes to
conduct research activities under the priority, require that the
applicant identify the stage of the proposed research in its
application. NIDRR hopes to increase competition and innovation by
allowing applicants to specify the research topics under the broader
areas of research. NIDRR also hopes to improve the rigor of the
research it funds by asking applicants to identify and justify the
stage of research being proposed and the methods appropriate to that
stage. Through this priority, we would fund projects that are designed
to identify, develop, test, and evaluate interventions, programs,
technologies, and products that increase employment rates, hours of
paid work, earnings and other compensation of individuals with
disabilities; and improve job and career satisfaction, or other job-
related outcomes of individuals with disabilities.
References
Fogg, N. P., Harrington, P. E., & McMahon, B. T. (2011). The
underemployment of persons with disabilities during the Great
Recession. The Rehabilitation Professional, 19(1), 3-10.
U.S. Census Bureau (2010) American Community Survey: Table B18140.
Available from: http://factfinder.census.gov
U.S. Department of Labor (2012a). Economic News Release: Table A-6.
Employment status of the civilian population by sex, age, and
disability status, not seasonally adjusted. Retrieved from: http://www.bls.gov/news.release/empsit.t06.htm
U.S. Department of Labor (2012b). Economic News Release: Table 1.
Employment status of the civilian noninstitutionalized population by
disability and selected characteristics. Retrieved from: http://www.bls.gov/news.release/disabl.t01.htm.
Proposed Priority
The Assistant Secretary for Special Education and Rehabilitative
Services proposes a priority for a Disability and Rehabilitation
Research Project (DRRP) on Employment of Individuals with Disabilities.
The DRRP must contribute to the outcomes of increased employment rates,
hours of paid work, earnings and other compensation for individuals
with disabilities as well as improved job and career satisfaction and
other work-related outcomes for individuals with disabilities.
(a) To contribute to these outcomes, the DRRP must--
(1) Conduct research activities, development activities, or both,
in one or more of the following priority areas:
(i) The impact of government policies and programs on employment
outcomes for individuals with disabilities.
(ii) Employer practices and workplace environments that contribute
to improved employment outcomes for individuals with disabilities.
(iii) Preparedness of individuals with disabilities to participate
in the current and future workforce.
(iv) Technology (including the systems that develop, evaluate, and
deliver the technology) that support improved employment outcomes of
individuals with disabilities.
(v) Practices and policies that contribute to improved employment
outcomes for transition-aged youth.
(vi) Vocational rehabilitation (VR) practices that result in
improved employment outcomes for individuals with disabilities.
(2) If conducting research under paragraph (a)(1) of this priority,
focus its research on a specific stage of research. For purposes of
this priority, the stages of research are as follows:
(i) Exploration. Exploration means the stage of research that
generates hypotheses or theories by conducting new and refined analyses
of data, producing observational findings, and creating other sources
of research-based information. This research stage may include
identifying or describing the barriers to and facilitators of improved
outcomes of individuals with disabilities, as well as identifying or
describing existing practices, programs, or policies that are
associated with important aspects of the lives of individuals with
disabilities. Results achieved under this stage of research may inform
the development of interventions or lead to evaluations of
interventions or policies. The results of the exploration stage of
research may also be used to inform decisions or priorities.
(ii) Intervention Development. Intervention Development means the
stage of research that focuses on generating and testing interventions
that have the potential to improve employment outcomes for individuals
with disabilities. Intervention development involves determining the
active components of possible interventions, developing measures that
would be required to illustrate outcomes, specifying target
populations, conducting field tests, and assessing the feasibility of
conducting a well-designed interventions study. Results from this stage
of research may be used to inform the design of a study to test the
efficacy of an intervention.
(iii) Intervention Efficacy. Intervention efficacy means the stage
of research during which a project evaluates and tests whether an
intervention is feasible, practical, and has the potential to yield
positive outcomes for individuals with disabilities. Efficacy research
may assess the strength of the relationships between an intervention
and outcomes, and may identify factors or individual characteristics
that affect the relationship between the intervention and outcomes.
Efficacy research can inform decisions about whether there is
sufficient evidence to support ``scaling-up'' an intervention to other
sites and contexts. This stage of research can include assessing the
training needed for wide-scale implementation of the intervention, and
approaches to evaluation of the intervention in real world
applications.
(iv) Scale-Up Evaluation. Scale-up evaluation means the stage of
research during which a project analyzes whether an intervention is
effective in producing improved outcomes for individuals with
disabilities when implemented in a real-world setting. During this
stage of research, a project tests the outcomes of an evidence-based
intervention in different settings. It examines the challenges to
successful replication of the intervention, and the circumstances and
activities that contribute to successful adoption of the intervention
in real-world settings. This stage of research may also include well-
designed studies of an intervention that has been widely adopted in
practice, but that lacks a sufficient evidence-base to demonstrate its
effectiveness.
(3) Conduct knowledge translation activities (i.e., training,
technical assistance, utilization, dissemination) in order to
facilitate stakeholder (e.g., individuals with disabilities, employers,
policymakers, practitioners) use of the
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interventions, programs, technologies, or products that resulted from
the research activities, development activities, or both, conducted
under paragraph (a)(1) of this priority;
(4) Involve key stakeholder groups in the activities conducted
under paragraphs (a)(1) and (a)(2) of this priority in order to
maximize the relevance and usability of the interventions, programs,
technologies, or products to be developed or studied under this
priority.
(b) In its application, an applicant must describe how its proposed
project will meet this priority. In particular, the applicant must--
(1) Identify, in its application, the priority area or areas on
which its proposed research or development activities will focus; and
(2) If conducting research under paragraph (a)(1) of this priority,
identify and provide a rationale for the stage of research being
proposed and the research methods associated with the stage.
Types of Priorities
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Final Priority
We will announce the final priority in a notice in the Federal
Register. We will determine the final priority after considering
responses to this notice and other information available to the
Department. This notice does not preclude us from proposing additional
priorities, requirements, definitions, or selection criteria, subject
to meeting applicable rulemaking requirements.
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.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Secretary must determine whether
this regulatory action is ``significant'' and, therefore, subject to
the requirements of the Executive order and subject to review by the
Office of Management and Budget (OMB). Section 3(f) of Executive Order
12866 defines a ``significant regulatory action'' as an action likely
to result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local or
Tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This proposed regulatory action is not a significant regulatory
action subject to review by OMB under section 3(f) of Executive Order
12866.
We have also reviewed this regulatory action under Executive Order
13563, which supplements and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866. To the extent permitted by law, Executive Order
13563 requires that an agency--
(1) Propose or adopt regulations only on a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are taking this regulatory action only on a reasoned
determination that its benefits justify its costs. In choosing among
alternative regulatory approaches, we selected those approaches that
maximize net benefits. Based on the analysis that follows, the
Department believes that this proposed priority is consistent with the
principles in Executive Order 13563.
We also have determined that this regulatory action would not
unduly interfere with State, local, and Tribal governments in the
exercise of their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits of this regulatory action.
The potential costs associated with this regulatory action are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
The benefits of the Disability and Rehabilitation Research Projects
and Centers Programs have been well established over the years in that
similar projects have been completed successfully. This proposed
priority would generate new knowledge through research and development.
Another benefit of this proposed priority is that the establishment of
new DRRPs would improve the lives of individuals with disabilities. The
new DRRP would generate, disseminate, and promote the use of new
information that would improve employment opportunities for individuals
with disabilities.
Intergovernmental Review: This program is not subject to Executive
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Order 12372 and the regulations in 34 CFR part 79.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or computer diskette) by contacting the Grants and Contracts
Services Team, U.S. Department of Education, 400 Maryland Avenue SW.,
room 5075, PCP, Washington, DC 20202-2550. Telephone: (202) 245-7363.
If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.
Electronic Access to This Document: 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 via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader, which is available free at the
site. You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: April 20, 2012.
Sue Swenson,
Deputy Assistant Secretary for Special Education and Rehabilitative
Services, Delegated the Authority to Perform the Functions and Duties
of Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 2012-10010 Filed 4-25-12; 8:45 am]
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