[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Rules and Regulations]
[Pages 43650-43653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17718]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2014-OSERS-0028]
Final Priority; National Institute on Disability and
Rehabilitation Research--Rehabilitation Research and Training Centers
[CFDA Number: 84.133B-1.]
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Final priority.
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SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services announces a priority for the Rehabilitation
Research and Training Center (RRTC) Program administered by the
National Institute on Disability and Rehabilitation Research (NIDRR).
Specifically, we announce a priority for an RRTC on Vocational
Rehabilitation Practices for Youth and Young Adults. The Assistant
Secretary may use this priority for competitions in fiscal year (FY)
2014 and later years. We take this action to focus research attention
on an area of national need. We intend for this priority to contribute
to improved outcomes for youth and young adults with disabilities in
the State Vocational Rehabilitation Services program.
DATES: Effective Date: This priority is effective August 27, 2014.
FOR FURTHER INFORMATION CONTACT: Patricia Barrett, U.S. Department of
Education, 400 Maryland Avenue SW., room 5142, Potomac Center Plaza
(PCP), Washington, DC 20202-2700. Telephone: (202) 245-6211 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.
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SUPPLEMENTARY INFORMATION: 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).
Rehabilitation Research and Training Centers
The purpose of the RRTCs, which are funded through the Disability
and Rehabilitation Research Projects and Centers Program, is to achieve
the goals of, and improve the effectiveness of, services authorized
under the Rehabilitation Act through well-designed research, training,
technical assistance, and dissemination activities in important topical
areas. These activities are designed to benefit rehabilitation service
providers, individuals with disabilities, family members, policymakers,
and other research stakeholders. Additional information on the RRTC
program can be found at: http://www2.ed.gov/programs/rrtc/index.html.
Program Authority: 29 U.S.C. 762(g) and 764(b)(2)(A).
Applicable Program Regulations: 34 CFR part 350.
We published a notice of proposed priority (NPP) for this program
in the Federal Register on May 27, 2014 (79 FR 30056). That notice
contained background information and our reasons for proposing the
particular priority.
There are no differences between the proposed priority and this
final priority.
Public Comment: In response to our invitation in the notice of
proposed priority, three parties submitted comments on the proposed
priority.
Generally, we do not address technical and other minor changes. In
addition, we do not address general comments that raised concerns not
directly related to the proposed priority.
Analysis of the Comments and Changes: An analysis of the comments
and of any changes in the priority since publication of the NPP
follows.
Comment: One commenter suggested that NIDRR modify the priority to
require transition-related research on best practices in the following
areas: Engaging youth consumers in the VR process, engaging parents/
families in the VR process, how motivational interviewing works best
with youth consumers, and partnering with school staff in the career
development of youth with disabilities.
Discussion: As written, the priority specifies that the RRTC must
conduct research on engaging youth consumers in the VR program.
Paragraph (a) requires applicants to investigate factors that affect
the likelihood that youth and young adults are fully engaged in the VR
program. Paragraph (a)(1)(i) requires applicants to identify
individual- and system-level factors (including practices of State VR
agencies) that affect youth engagement in the VR program. We believe
that, consistent with the proposed priority, the priority contains the
transition-related research the commenter supports.
Changes: None.
Final Priority:
The Assistant Secretary for Special Education and Rehabilitative
Services establishes a priority for an RRTC to conduct research on
Vocational Rehabilitation (VR) Practices for Youth and Young Adults.
The RRTC must contribute to increased knowledge about effective VR
practices that can improve employment outcomes of youth and young
adults with disabilities by:
(a) Generating new knowledge that builds the evidence base of VR
practices, services, or models that improve the employment outcomes for
youth and young adults. The center will conduct research to better
understand the factors that affect the likelihood that youth and young
adults are fully engaged in the VR program and achieve their vocational
goals; i.e., completion of postsecondary education and training
programs, and attainment of competitive employment, including research
that--
(i) Identifies individual- and system-level factors that affect
engagement and attainment of an employment outcome. Individual-level
factors include, but are not limited to, demographic characteristics
and impairment types and severity. System-level factors include, but
are not limited to, financial disincentives to obtaining employment
associated with other public programs and systems, characteristics and
practices of VR State agencies, employer practices and perceptions, and
macroeconomic conditions; and
(ii) Identifies the reasons for which youth and young adults with
disabilities discontinue their participation in the VR program before
achieving successful postsecondary goals (e.g., postsecondary education
or training) or employment outcomes.
(b) Conducting research to identify VR services and transition
practices that increase the likelihood of youth and young adults with
disabilities achieving successful employment outcomes. The research
must also identify practices relevant to improving the outcomes of
youth and young adults who are at particular risk for poor employment
outcomes. Applicants must identify the specific at-risk group or groups
of youth and young adults with disabilities they propose to include;
provide evidence that the selected population or populations are, in
fact, at risk for poor employment outcomes; and explain how the
practices are expected to address the needs of the population or
populations.
(c) Focusing its research on one or more specific stages of
research. If the RRTC is to conduct research that can be categorized
under more than one of the research stages, or research that progresses
from one stage to another, those research stages must be clearly
specified. (These stages and their definitions are provided at the end
of the background statement section of the notice of proposed priority
published in the Federal Register on May 27, 2014 (79 FR 30056).)
(d) Serving as a national resource center for youth and young
adults with disabilities, their families, and other stakeholders,
including other relevant grantees funded by the Office of Special
Education and Rehabilitative Services. Specifically, this center must
coordinate, as appropriate, with the Office of Special Education
Programs (OSEP)-funded Parent Training and Information Centers, the
OSEP-funded National Technical Assistance Center on Improving
Transition, and the Rehabilitation Services Administration (RSA)-funded
Parent Information and Training Projects, and other relevant entities
by conducting knowledge translation activities related to improving
employment outcomes of youth and young adults that must include, but
are not limited to:
(i) Providing information and technical assistance to VR State
agencies and related service providers, educators, employers, youth and
young adults with disabilities and their representatives, families, and
other key stakeholders.
(ii) Providing training, including graduate, pre-service, and in-
service training, to educators, VR professionals, direct service
professionals, and related service providers, to facilitate a seamless
and effective transition service delivery system. Training may be
offered through conferences, workshops,
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public education programs, in-service training programs, and similar
activities.
(iii) Disseminating research-based information and materials
related to VR practices and services that increase employment for youth
and young adults with disabilities.
(iv) Involving key stakeholder groups in the activities conducted
under paragraphs (a) through (d) of this priority in order to maximize
the relevance and usability of the new knowledge generated by the 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)).
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 final 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 final 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 upon 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 issuing this final priority 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 regulatory action is consistent with the principles in
Executive Order 13563.
We also have determined that this regulatory action does 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, both quantitative and
qualitative, of this regulatory action. The potential costs 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 Program have been well established over the years, as
projects similar to the one envisioned by the final priority have been
completed successfully, and the proposed priority will generate new
knowledge through research. The new RRTCs will generate, disseminate,
and promote the use of new information that would improve outcomes for
individuals with disabilities in the areas of community living and
participation, employment, and health and function.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the program contact person
listed under FOR FURTHER INFORMATION CONTACT.
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
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search feature at this site, you can limit your search to documents
published by the Department.
Dated: July 23, 2014.
Melody Musgrove,
Director, Office of Special Education Programs.
[FR Doc. 2014-17718 Filed 7-25-14; 8:45 am]
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