[Federal Register Volume 77, Number 89 (Tuesday, May 8, 2012)]
[Notices]
[Pages 27035-27039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11097]
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DEPARTMENT OF EDUCATION
Rehabilitation Research and Training Center (RRTCs) on Vocational
Rehabilitation (VR) and Developing Strategies To Meet Employer Needs in
Changing Economic Environments
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Notice.
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Overview Information:
CFDA Number: 84.133B-1.
Proposed Priority--National Institute on Disability and
Rehabilitation Research (NIDRR)--Disability and Rehabilitation Research
Projects and Centers Program--Rehabilitation Research and Training
Center (RRTCs) on Vocational Rehabilitation (VR) and Developing
Strategies to Meet Employer Needs in Changing Economic Environments.
SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services proposes a funding priority for the Disability
and Rehabilitation Research Projects and Centers Program administered
by NIDRR. Specifically, this notice proposes a priority for an RRTC on
Vocational Rehabilitation and Developing Strategies to Meet Employer
Needs in Changing Economic Environments. The 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 improve employment outcomes
for individuals with disabilities.
DATES: We must receive your comments on or before June 7, 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: [email protected]. You must include the term ``Proposed
Priority--RRTC on Vocational Rehabilitation and the Local and Regional
Economic Environments'' in the subject line of your electronic message.
FOR FURTHER INFORMATION CONTACT: Marlene Spencer. Telephone: (202) 245-
7532 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.
[[Page 27036]]
SUPPLEMENTARY INFORMATION: This notice of proposed priority is in
concert with NIDRR's currently approved Long-Range Plan (Plan). The
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:
www.ed.gov/about/offices/list/osers/nidrr/policy.html.
Through the implementation of the 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 RRTC
competitions 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 for 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
notice. 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).
RRTC Program: The purpose of the RRTCs, which are funded through
the Disability and Rehabilitation Research Projects and Centers
Program, is to improve the effectiveness of services authorized under
the Rehabilitation Act, through advanced research, training, technical
assistance, and dissemination activities in general problem areas, as
specified by NIDRR. Such activities are designed to benefit
rehabilitation service providers, individuals with disabilities, and
the family members or other authorized representatives of individuals
with disabilities. Additional information on the RRTC program can be
found at: www.ed.gov/rschstat/research/pubs/res-program.html#RRTC.
Statutory and Regulatory Requirements of RRTCs
RRTCs must--
Carry out coordinated advanced programs of rehabilitation
research;
Provide training, including graduate, pre-service, and in-
service training, to help rehabilitation personnel more effectively
provide rehabilitation services to individuals with disabilities;
Provide technical assistance to individuals with
disabilities, their representatives, providers, and other interested
parties;
Disseminate informational materials to individuals with
disabilities, their representatives, providers, and other interested
parties; and
Serve as centers of national excellence in rehabilitation
research for individuals with disabilities, their representatives,
providers, and other interested parties.
Applicants for RRTC grants must also demonstrate in their
applications how they will address, in whole or in part, the needs of
individuals with disabilities from minority backgrounds.
Program Authority: 29 U.S.C. 762(g) and 764(b)(2).
Applicable Program Regulations: 34 CFR part 350.
Proposed Priority:
This notice contains one proposed priority.
Rehabilitation Research and Training Center (RRTC) on Vocational
Rehabilitation and Developing Strategies To Meet Employer Needs in
Changing Economic Environments
Background
The Rehabilitation Act authorizes the establishment of the State VR
Services Program (VR Program). This program is facing new challenges in
the current economy, which has resulted in job losses for many American
workers. During the period between 2007 and 2009, the size of the
employed workforce decreased for all working-age persons. However,
individuals with disabilities experienced a 12.3 percent employment
rate decline, from 4.7 million to 4.2 million, as compared to a 3.4
percent employment rate decline for working-age adults without
disabilities (Kaye, 2010). Furthermore, the length of time that
individuals with disabilities remained unemployed during this period
was 25 percent longer than the duration for individuals without
disabilities (Fogg, Harrington & McMahon, 2010, 2011). There has also
been a decrease in successful outcomes for consumers who received
services through the VR program. In 2007, 205,447 (34.2 percent) of VR
participants exited the program with employment. These figures declined
to 171,904 (26 percent) of VR participants by 2010 (Rehabilitation
Services Administration, 2012). Employers' decisions to hire and retain
workers are rooted in economic conditions and trends. Employers base
hiring decisions on their need for workers to meet demands of their
businesses (Banerij, McArthur, Mainardi & Ammann, 2009; Quelch & Jocz,
2009). Therefore, the ability to match VR program participants with
employer needs is enhanced when rehabilitation professionals have an
understanding of the dynamic economic context in which individuals with
disabilities and employers exist. For example, labor market variables
such as unemployment rates and per-capita income have a significant
influence on employment outcomes for individuals with disabilities
(Government Accountability Office, 2007). VR professionals need to
[[Page 27037]]
have an understanding of the economic environment in which prospective
employers exist (e.g., which sectors of the economy are growing, and
which sectors are downsizing). Accordingly, if rehabilitation
professionals are to improve employment outcomes of the individuals
they serve, they will need to increase their knowledge of local,
regional, and even national economic conditions and trends (Gilbridge &
Stensurd, 2008).
A ``demand side'' model of VR views the needs of employers as a
critical variable that is associated with employment outcomes of
individuals with disabilities (Luecking, 2008; Unger, 2006). In this
model, job development services focus on employer needs and are aimed
at improving employers' business outcomes (Luecking, 2008; Unger,
2007). In the VR context, demand side approaches focus not only on
hiring, but also on job retention of employees with disabilities who
may be at risk of exiting the workforce (Habeck, Kregel, Head & Yasuda,
2007). From this perspective, VR does not end at a single point in time
(e.g., when an individual is hired), but is rather a dynamic, ongoing
process in which rehabilitation professionals align the strengths and
goals of workers with disabilities with the needs of employers.
Development of service delivery models that take into account
changes in economic conditions and the subsequent impact on labor
market conditions are necessary to ensure that State VR agencies
provide services that meet the needs of individuals with disabilities
and their employers. One resource that could serve as a model for VR
professionals are the ``Rapid Response'' activities authorized by the
Workforce Investment Act. Yet, a recent study found that VR staff are
not ``typically'' involved in the Rapid Response program (Heidkamp &
Mabe 2011).
Research and development related to demand side models of
employment service delivery can provide VR professionals with new tools
to understand and address evolving employment challenges, including how
to help ensure that individuals with disabilities have the skills
needed to work in growing occupational sectors.
References
Banerij, S., McArthur, N., Mainardi, C. & Ammann, C. (2009).
Recession response: Why companies are making the wrong moves. Booz &
Company.
Fogg, N. P., Harrington, P. E., & McMahon, B. T. (in press). The
impact of the Great Recession on the unemployment of Americans with
disabilities. Journal of Vocational Rehabilitation.
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.
Gilbridge, D., & Strensrud, R. (2008). Why won't they just do it?
Rehabilitation Education, 22, 125-132.
Government Accountability Office (2007). Improved Information and
Practices May Enhance State Agency Earnings Outcomes for SSA
Beneficiaries. GAO Report 07-521.
Habeck, R., Kregel, J., Head, C., & Yasuda, S. (2007). Salient and
subtle aspects of demand side approaches for employment retention:
Lessons for public policymakers.
Heldkamp, M. & Mabe, W. (2011). The Great Recession and Serving
Dislocated Workers with Disabilities: Perspectives from One-Stop
Career Centers and Rapid Response Coordinators. Report of the NTAR
Leadership Center.
Kaye, H. S. (2010). The impact of the 2007-09 recession on workers
with disabilities Monthly Labor Review, 133, 19-30.
Luecking, R.G. (2008). Emerging employer views of people with
disabilities and the future of job development. Journal of
Vocational Rehabilitation, 29, 3-13.
Quelch, J. and Jocz, K. (2009) How to market in a downturn, Harvard
Business Review, 87, 4, 52-62.
Rehabilitation Services Administration (2012). RSA-911 Case Service
Report. Washington, DC: U.S. Department of Education.
Unger, D. (2007). Addressing employer personnel needs and improving
employment training, job placement and retention for individuals
with disabilities through public-private partnerships. Journal of
Vocational Rehabilitation, 26, 39-48.
Proposed Priority: The Assistant Secretary for Special Education
and Rehabilitative Services proposes a priority for a Rehabilitation
Research and Training Center (RRTC) on Vocational Rehabilitation (VR)
and Developing Strategies to Meet Employer Needs in Changing Economic
Environments. This RRTC must conduct research that contributes to
identifying effective VR practices that take into account economic
conditions, labor market trends, and employer needs. This RRTC will
contribute to improved employment outcomes by generating new knowledge
about effective practices that can be used by State VR agencies in
serving their customers, including both program participants and
employers. Under this priority, the RRTC must contribute to the
following outcomes:
(a) New knowledge to improve responsiveness of VR agencies to
employer workforce needs in a changing economy. The RRTC must
contribute to this outcome by conducting research or development
activities on effective ways for State VR agencies to assess employer
needs and expectations in the changing economic environment in which
businesses operate. The RRTC must conduct research to identify or
develop effective strategic planning models that will support State VR
agency efforts to anticipate and prepare for changing employer and
labor market needs. In addition, the RRTC must conduct research to
identify existing programs, e.g., Workforce Investment Act ``Rapid
Response'' programs, that may be useful in helping VR agencies mitigate
the impact of changing economic conditions. These research or
development activities must include identification of methods of
tracking, analyzing, and reacting to changing employer needs, including
those related to economic conditions such as analysis of labor market
trends and analysis of projected growth areas.
(b) Improved job training, development, and placement services and
strategies. The RRTC must contribute to this outcome by conducting
research to identify or develop effective service delivery models that
take into account current and future employer workforce needs,
including needed job skills. Components of these models may include,
but are not limited to: Employer partnerships to facilitate the
identification of employer needs; incorporation of employer needs in
planning job development, placement, and retention strategies; training
opportunities to provide individuals with disabilities with skills that
match employer needs; and strategic planning processes designed to
respond to changing employer and economic needs.
(c) Improved training and continuing education for VR
professionals. The RRTC must contribute to this outcome by developing
and disseminating materials that incorporate findings from the research
and development activities conducted under paragraphs (a) and (b) of
this priority. These materials must be developed for use by State VR
agencies to improve their ability to use information generated to
develop strategies and services that will better meet the needs of
employers in the context of local and regional economic and labor
market conditions and to increase employment outcomes for VR
participants.
In addition, through coordination with the NIDRR Project Officer,
this RRTC must--
(1) Collaborate with RSA's Regional Technical Assistance Network,
including Regional Technical
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Assistance and Continuing Education (TACE) Centers to disseminate new
knowledge to VR State agency personnel and key stakeholders; and
(2) Collaborate with NIDRR grantees that are conducting work
relevant to this RRTC.
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 will generate new knowledge through research and development.
Another benefit of this proposed priority is that the establishment
of a new RRTC will improve the lives of individuals with disabilities.
The new RRTC will generate, disseminate, and promote the use of new
information that will improve the options for individuals with
disabilities to fully participate in their communities.
Intergovernmental Review: This program is not subject to Executive
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 compact disc) 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 TTY, call the FRS, toll free, at 1-800-877-8339.
Electronic Access to This Document: 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) on the
Internet at the following site: www.ed.gov/news/fedregister. To use PDF
you must have Adobe Acrobat Reader, which is available free at this
site.
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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: May 3, 2012.
Alexa Posny,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2012-11097 Filed 5-7-12; 8:45 am]
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