[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Rules and Regulations]
[Pages 48983-48990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19588]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[CFDA Number: 84.264A.]
Final priority. Rehabilitation Training: Job-Driven Vocational
Rehabilitation Technical Assistance Center
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Final priority.
-----------------------------------------------------------------------
SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services announces a priority under the Rehabilitation
Training program to establish a Job-Driven Vocational Rehabilitation
Technical Assistance Center (JDVRTAC). The Assistant Secretary may use
this priority for competitions in fiscal year (FY) 2014 and later
years. We take this action to focus on training in an area of national
need. Specifically, this priority responds to the Presidential
Memorandum to Federal agencies directing them to take action to address
job-driven training for the Nation's workers. The JDVRTAC will provide
technical assistance (TA) to State vocational rehabilitation (VR)
agencies to help them develop for individuals with disabilities
training and employment opportunities that meet the needs of today's
employers.
DATES: This priority is effective September 18, 2014.
FOR FURTHER INFORMATION CONTACT: Jerry Elliott, U.S. Department of
Education, 400 Maryland Avenue SW., Room 5042, Potomac Center Plaza
(PCP), Washington, DC 20202-2800. Telephone: (202) 245-7335 or by
email: [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Purpose of Program: Under the Rehabilitation Act of 1973, as
amended (the Rehabilitation Act), the Rehabilitation Services
Administration (RSA) makes grants to States and public or nonprofit
agencies and organizations (including institutions of higher education)
to support projects that provide training, traineeships, and TA
designed to increase the numbers and improve the skills of qualified
personnel (especially rehabilitation counselors) who are trained to:
Provide vocational, medical, social, and psychological rehabilitation
services to individuals with disabilities; assist individuals with
communication and related disorders; and provide other services
authorized under the Rehabilitation Act.
Program Authority: 29 U.S.C. 772(a)(1).
Applicable Program Regulations: 34 CFR part 385.
We published a notice of proposed priority for this competition in
the Federal Register on June 19, 2014 (79 FR 35121). That notice
contained background information and our reasons for proposing the
particular priority. There are differences between the proposed
priority and the final priority, and we explain those differences in
the Analysis of Comments and Changes section of this notice.
Public Comment: In response to our invitation in the notice of
proposed priority, 83 parties submitted comments on the proposed
priority.
Generally, we do not address technical and other minor changes.
Analysis of the Comments and Changes: An analysis of the comments
and of any changes in the priority since publication of the notice of
proposed priority follows.
Comment: The majority of commenters expressed concern that the
proposed priority for the JDVRTAC would specifically replace the ten
Technical Assistance and Continuing Education (TACE) Centers that
provide TA and continuing education (CE) in designated geographical
areas and that the JDVRTAC would not meet all of the needs of State VR
agencies.
Discussion: We recognize the commenters' concerns. However, the
JDVRTAC is not meant to replace or replicate the services provided by
the TACE Centers and will not be the Department's sole TA investment
focused on supporting State VR agencies. It is a single, short-term
vehicle for providing a range of TA activities specifically related to
the issues outlined in the Presidential Memorandum issued on January
30, 2014 \1\ (Presidential Memorandum), which directed the Secretaries
of the Departments of Labor, Commerce, and Education to take action to
address job-driven training for the Nation's workers. The JDVRTAC is
intended to be a topical center focused on assisting State VR agencies
to incorporate job-driven techniques into agency operations.
---------------------------------------------------------------------------
\1\ Obama, B.H. (2014). Presidential Memorandum on Job-Driven
Training for Workers. January 30, 2014. Available at:
www.whitehouse.gov/the-press-office/2014/01/30/presidential-memorandum-job-driven-training-workers.
---------------------------------------------------------------------------
Although we have decided not to continue the TACE program beyond
September 30, 2014, that decision and the decision to support the
establishment of the JDVRTAC were not linked. To capitalize on the
initiative of the Presidential Memorandum and the ensuing multi-agency
effort to improve employment outcomes for all Americans, including
individuals with disabilities, RSA determined that an expedited effort
to develop the JDVRTAC proposal was warranted. RSA continues to work to
develop additional TA priorities to address other areas of TA needed by
State VR agencies.
Changes: None.
Comment: Many commenters were concerned that there had not been a
formal consultation process with State VR agencies and stakeholders
regarding the elimination of the current TACE Center program and that
RSA had not publicly outlined its long-term plan for the provision of
TA to those agencies.
Some of these commenters believed that RSA should conduct a
national needs assessment to solicit from State VR agencies and other
stakeholders about their views on the most important TA needs. Many of
these commenters stated that the current TACE Centers should be
continued or, at a minimum, funded for one additional year to allow for
a more orderly transition and time for public consultation about the
development of a new TA system.
Discussion: Although the discussion of an overall plan for TA
activity and specific solutions for meeting multiple TA needs is beyond
the scope of this notice, we feel it is important to take this
opportunity to provide some additional background about the
Department's plans regarding the provision of TA to State VR agencies.
Approximately 16 months ago, the Department decided to extend the
current system of ten TACE Centers, with additional funding, through
September 30, 2014. The Department plans to allow those TACE Centers
that have funds remaining to continue to operate for another year using
funds that have been previously obligated in order to ensure timely
completion of the projects. In the coming months, we will begin the
process of finalizing our long-
[[Page 48984]]
term TA strategy and plan. At that time, we will invite stakeholder
comment to ensure that our plan is structured to meet the needs of
State VR agencies and VR consumers while also ensuring the most
effective and efficient use of limited Federal resources.
Changes: None.
Comment: While some commenters said that the focus on employer-
driven activities and the content of the JDVRTAC was important, other
commenters said that the JDVRTAC priority is not needed because their
State VR agency is already involved with employer engagement activities
and using labor market and occupational information. Many of these
commenters also suggested that the JDVRTAC would duplicate efforts
conducted by the Council of State Administrators of Vocational
Rehabilitation (CSAVR) through the National Employment Team (NET) and
the related Talent Acquisition Portal (TAP).
However, other commenters said that the focus on job-driven,
employer-related topics in the JDVRTAC is needed and that such
information would be of interest to them.
Discussion: We recognize that State VR agency practices vary with
respect to the use of job-driven strategies. From RSA monitoring
visits, we know that some agencies have already implemented
comprehensive job-driven systems, including the use of labor market and
occupational information, outreach to employers, and the provision of
services to employers related to employees with disabilities. We expect
that these States will have less need to seek out intensive TA from the
JDVRTAC, allowing the JDVRTAC to primarily focus resources on those
States that have not implemented such comprehensive systems.
Changes: None.
Comment: Several commenters expressed concern that a national
center staff would not be knowledgeable about regional issues and
needs, such as the needs of rural areas and States with small
populations.
Discussion: It is the Department's expectation that the JDVRTAC
will provide intensive TA to, and develop a range of TA products
appropriate for, a wide array of States and populations, including
rural areas. During the course of the national needs assessment in the
first year, we expect the JDVRTAC to identify any special TA needs
unique to rural areas and small States, as well as those unique to
other potential TA recipients. Additionally, the priority requires the
JDVRTAC to conduct various activities designed to ensure contact and
interaction with State VR agencies, including development of a plan for
outreach and communication with State VR agencies and for establishing
communities of practice. The priority also requires applicants to
demonstrate that key project personnel have the qualifications and
experience to provide TA to States in the job-driven topic areas
identified in the priority.
Changes: None.
Comment: Several commenters were concerned that the JDVRTAC
priority does not support CE and, instead, funds TA only.
Discussion: The JDVRTAC priority is focused on job-driven
approaches. It does not eliminate support for CE, but does limit the
topic areas on which such activities are conducted. Specifically, the
proposed priority allows for training, Webinars, and presentations
related to the job-driven topic areas included in the center. However,
it does not support the provision of CE on other, unrelated topics. If
State VR agencies believe it is necessary to support additional CE
activities outside of those provided by the JDVRTAC or the TACE Centers
(or any future TA investment supported by the Department), State VR
agencies may use Title I VR program funds to support those activities.
Changes: None.
Comment: Several commenters were concerned that the JDVRTAC
priority signaled a shift in emphasis for the VR program, from a
program that is intended to meet the employment needs of individuals
with disabilities to one in which the employer is the predominant
customer.
Discussion: We agree that employers are not the sole customer of
the VR program. However, the Department does not agree that a JDVRTAC
addressing job-driven activities represents a fundamental
reorganization of priorities. Employer-related activities have long
been functions of State VR agencies (e.g., the employer-related
activities of CSAVR in support of the NET and the TAP).
Moreover, the topic areas within the priority are focused not just
on the needs of employers, but on the needs of individuals with
disabilities, specifically the improvement of their employment
outcomes. For example, one focus of the priority is the use of labor
market and occupational information, which is designed to help
individuals with disabilities make informed choices about vocational
goals. Further, we expect the focus on employer engagement strategies
will open up new employment options and create new opportunities for
individuals with disabilities. Finally, we expect that an increase in
the availability of employer-driven training options will lead to jobs
with good pay and in occupations not historically available to
individuals with disabilities, thereby increasing employment options
for these individuals.
We also note that nothing in the priority requires State VR
agencies to engage only in job-driven strategies or to develop
individual vocational objectives based only on job-driven information
and activities.
Changes: None.
Comment: Several commenters were concerned that only 16 agencies
would receive intensive TA from the JDVRTAC over the three-year grant
period.
Discussion: The JDVRTAC priority requires the JDVRTAC to conduct a
minimum of 16 intensive TA activities during the three-year grant
period. This number is a minimum requirement, not an upper limit,
taking into account time, estimates of available resources, and the
intensive nature of the interventions.
As noted above, not all State VR agencies may need intensive TA
activities related to job-driven strategies. General and targeted TA,
including communities of practice, would still be available to all
State VR agencies.
Changes: None.
Comment: Four commenters asked about how the 16 State VR agencies
mentioned in the priority will be chosen to receive intensive TA. One
commenter was concerned that RSA might make these decisions, and
another was concerned that there were no criteria to assist the
successful applicant to make these decisions.
Discussion: We envision that the 16 State VR agencies will be self-
selected based on their interest and commitment in implementing job-
driven activities. Ideally, the JDVRTAC would develop knowledge,
skills, and intervention strategies that State VR agencies would desire
to implement, or the State VR agencies would suggest job-driven
strategies that they wish to implement with the assistance of the
JDVRTAC. In the event that the number of requests exceeds available
resources, RSA may be involved with the prioritization of requests in
its role in implementing the cooperative agreement. We would base
prioritization decisions on each State VR agency's commitment to making
change, and the level of change and resource utilization that best fits
a State VR agency's situation, as reflected in the terms of its
cooperative agreement with the JDVRTAC.
Changes: None.
Comment: One commenter asked what would happen after the three-year
[[Page 48985]]
grant period and whether additional assistance with job-driven
activities would continue to be available so that more agencies might
receive assistance.
Discussion: We have not decided if or how the activities of the
JDVRTAC will be continued beyond the proposed three-year funding
period. Future funding of this priority is beyond the scope of this
notice.
Changes: None.
Comment: Four commenters stated that the priority is too
prescriptive and is a ``one size fits all'' approach that will not meet
the needs of many State VR agencies.
Discussion: The priority is intended to support a topical center
with a focus on job-driven activities. The JDVRTAC is not intended to
be a comprehensive solution for all TA needs. The JDVRTAC will collect
and develop multiple strategies to implement effective job-driven
approaches. Additionally, we expect that all intensive TA engagements
will be specifically tailored to the needs of the particular State VR
agency receiving those services. As such, the actual services provided
and TA topics covered in any intensive TA engagement will likely vary
from State to State. This is the purpose of requiring intensive TA in
addition to universal or targeted TA.
Changes: None.
Comment: One commenter suggested replacing the term ``employer''
with the term ``business'' as it is the term preferred by most in the
business community.
Discussion: ``Employer'' and ``employer associations'' are the
terms used in the Presidential Memorandum. Accordingly, we use the term
``employer'' for purposes of this competition, but the JDVRTAC may use
another term in its work.
Change: None.
Comment: One commenter suggested that the requirement in paragraph
(b)(4)(iii)(B) of the Application Requirements for the JDVRTAC to
assess the State VR agencies' ability to effectively respond to TA is
inappropriate and condescending. Rather, the commenter suggested that
the JDVRTAC instead evaluate an agency's infrastructure, available
resources, and commitment.
Discussion: We agree that these factors are important for the
JDVRTAC to consider when identifying recipients of intensive TA, which
is why we included similar language in subparagraph (b)(4)(iv)(B) of
the Application Requirements. However, we do not believe these extra
points of analysis are necessary when determining recipients of
targeted, specialized TA, which are not usually specifically
individualized for particular State VR agencies.
Change: None.
Comment: One commenter recommended that the priority require
information technology (IT) platforms to be fully accessible to
individuals with disabilities.
Discussion: We agree that IT platforms supported under this
priority should be fully accessible to individuals with disabilities.
However, the Rehabilitation Act, the Americans with Disabilities Act,
and Department policies already require full accessibility of the Web
sites and electronic content of Department grantees. As such,
additional language in this priority will not create any additional
accessibility requirements. However, we have reiterated that all TA
efforts through IT platforms must meet government and industry-
recognized standards for accessibility.
Changes: We have added a note following paragraph (b)(1) of the
Technical Assistance and Dissemination Activities section of the
priority to clarify that IT platforms must meet government and
industry-recognized standards for accessibility.
Comment: Two commenters suggested that, rather than building an
entirely new IT platform, a more cost-effective approach to making
information accessible would be for the JDVRTAC to build upon existing
platforms, or enter into a partnership with organizations with national
scope that have suitable platforms.
Discussion: The Department agrees that, to the extent that
compliant platforms exist or can be modified to fully meet the IT
requirements of this priority, this approach may be more efficient.
Changes: We have added a note following paragraph (b)(2) of the
Technical Assistance and Dissemination Activities section of this
priority clarifying that a grantee can meet the requirements of
paragraphs (b)(1) and (b)(2) by either developing new platforms or
modifying existing platforms, so long as the IT requirements of this
priority are met.
Comment: One commenter suggested that we include the following
topics as part of the JDVRTAC activities: Marketing/branding for hiring
individuals with disabilities; developing a common language between VR
and business; and developing an inventory of promising employer
engagement practices.
Discussion: We agree that these are all strategies that relate to
the purpose and activities of the JDVRTAC. Nothing in the priority
prohibits the JDVRTAC from providing TA in any of these topic areas.
Changes: None.
Comment: Two commenters suggested including additional areas of
emphasis in the JDVRTAC priority. One commenter suggested that we add a
focus on transportation, as transportation is often a significant
barrier to employment. The other commenter suggested that assistive
technology (AT) needs should be a major focus of the priority.
Discussion: There is no language in the priority that prohibits the
JDVRTAC from providing TA on AT and transportation as part of its job-
driven activities. However, because these topics are not the primary
focus of the JDVRTAC, we do not believe additional emphasis on these
areas is necessary.
Changes: None.
Comment: One commenter suggested that the JDVRTAC and its job-
driven activities cannot address all of the factors that are necessary
to improve employment outcomes. The commenter suggested that a better
outcome measure for this priority would be an increase in the number of
employment outcomes in competitive integrated setting resulting
specifically from job-driven strategies.
Discussion: The Department agrees. Although it is important to
track the impact of job-driven strategies on the total outcomes of the
State VR agency, the primary intended outcome of this priority is to
increase competitive, integrated employment outcomes through job-driven
activities.
Changes: We added language in the purpose of the priority
clarifying that one goal of the JDVRTAC is to increase employment
outcomes as a result of job-driven activities.
Comment: One commenter was concerned that employment outcomes
cannot be achieved in the time period of the grant. The commenter noted
that the average length of time in a consumer's individualized plan of
VR services is 24 months, and the duration of the project is only 36
months. Accordingly, the commenter suggested that RSA modify the
JDVRTAC's stated purpose to focus not on employment outcomes, but
instead on increasing the capacity to provide job-driven employment
solutions as a purpose of the center.
Discussion: The commenter is correct about the average length of
time a new consumer spends in the VR program, compared to the duration
of the JDVRTAC. However, the comment assumes that only new consumers
referred to the VR system would benefit from the TA provided by the
JDVRTAC. Existing VR consumers who have
[[Page 48986]]
completed their plans could benefit from interventions related to
employer engagement that result in greater availability of jobs.
However, we recognize that some outcomes for the JDVRTAC may be long-
term. As such, intermediate outcomes and measures will be negotiated as
part of the development of the cooperative agreement as discussed in
the Performance Measures section of the notice inviting applications
(published elsewhere in this issue of the Federal Register).
Change: None.
Comment: One commenter suggested that we revise outcome (c)--
Increase the number of VR-eligible individuals with disabilities in
employer-driven job training programs--to also include VR-eligible
individuals with disabilities in other job-training programs that are
responsive to employer needs and job market trends.
Discussion: As written, the priority already allows for customized
training and other types of training that are directly responsive to
employer needs and hiring requirements.
Changes: None.
Comment: Several commenters suggested that we require the JDVRTAC
to collaborate and coordinate with the NET and the TAP, projects
developed by CSAVR, which provide a process for employer engagement and
the provision of some job-driven services at the national level.
Discussion: We agree that collaboration and coordination with
relevant projects developed by CSAVR, including the NET and the TAP,
are essential to avoid duplication of services. We included language in
paragraph (b)(1)(iii) of the Application Requirements requiring
applicants to describe their plan for communicating and coordinating
with various entities, including CSAVR and the NET.
Changes: None.
Comment: Several commenters suggested that we require the JDVRTAC
to collaborate and coordinate the Department of Labor's Science,
Technology, Engineering and Math (STEM) grantees and its National
Employment Policy Research and Technical Assistance Center.
Discussion: We agree that it is important for the JDVRTAC to
consult with relevant programs and TA centers sponsored by other
agencies, including the Department of Labor. As such, we included in
section (b)(1)(iii) of the Application Requirements a requirement for
applicants to describe their plans for communicating and coordinating
with such entities. While we believe that consulting with these
entities is beneficial, we also believe that specifically naming each
relevant program or TA center is unnecessary.
Changes: None.
Comment: A few commenters asked whether the American Indian
Vocational Rehabilitation Services (AIVRS) projects are eligible to
receive TA from the JDVRTAC.
Discussion: Any service provider will have access to targeted and
universal TA products generated by the JDVRTAC. With regard to
intensive TA services, AIVRS projects may receive such services where
they are a result of collaborative arrangements between State VR
agencies and AIVRS projects to include AIVRS projects in the State VR
Agency business outreach plan, and where such services are included in
the intensive TA agreement between the State VR agency and the JDVRTAC.
However, we do not believe that they should be primary recipients of
JDVRTAC services.
Changes: None.
Comment: One commenter asked whether the JDVRTAC can provide TA
services to Community Rehabilitation Programs (CRPs) that are part of
the State VR agency business outreach plan.
Discussion: We do not believe that CRPs should be a primary
recipient of JDVRTAC services. However, as with the AIVRS projects, if
CRPs are an integral part of the State VR agency business outreach
plan, the JDVRTAC can provide intensive TA services to improve CRP
services as part of that plan as negotiated in the intensive TA
agreement between the State VR agency and the JDVRTAC. Additionally,
CRPs can access and use universal and targeted TA products made
publicly available by the JDVRTAC.
Changes: None.
Comment: One commenter suggested that we require the JDVRTAC to use
and expand existing employer-offered ``train and place'' models, such
as REDI-Walgreens and Project Search, and expand existing efforts to
customize employer-driven, community based training opportunities for
permanent employment, and skill- and resume-building paid work
activity. This commenter also recommended the use of community
conversations to engage employers and community partners in the
discussion on how they can assist in the employment of individuals with
disabilities.
Discussion: We believe these are all good suggestions. However, we
believe that these activities should not be requirements but rather
options to investigate during the first year of the project. Any
inclusion of these suggestions should develop out of the JDVRTAC's
initial exploration and need.
Changes: We have added language in paragraph (a) of the Knowledge
Development Activities section of the priority to clarify that the
JDVRTAC should also, in its first year, survey employer-sponsored and
public-private partnership programs.
Comment: One commenter submitted a list of proposed application
requirements for applicants to address in their application.
Specifically, the commenter proposed that applicants must: Demonstrate
an understanding of the VR program nationally, the needs of business,
and demand-driven approaches; include a robust research and evaluation
component; and demonstrate experience delivering training and TA, and
experience with and current involvement in national and regional
partnerships that would support national dissemination efforts.
Discussion: We agree that many of these factors are important for
applicants to address. Although we believe that the priority already
addresses many of these elements, we agree that we should emphasize the
importance of understanding the needs of businesses that employ
individuals with disabilities.
Changes: We have added language regarding knowledge of the needs of
business in relation to the employment of individuals with disabilities
in paragraph (a)(1)(i) of the Application Requirements section of the
priority to expand the knowledge requirement beyond employer engagement
only.
Final Priority
The purpose of this priority is to fund a cooperative agreement to
establish a Job-Driven Vocational Rehabilitation Technical Assistance
Center (JDVRTAC) to achieve, at a minimum, the following outcomes: (a)
Improve the ability of State vocational rehabilitation (VR) agencies to
work with employers and providers of training to ensure equal access to
and greater opportunities for individuals with disabilities to engage
in competitive employment or training; (b) Increase the number and
quality of employment outcomes in competitive, integrated settings for
VR-eligible individuals with disabilities, including broadening the
range of occupations for such individuals in such settings, that result
from job-driven strategies; and (c) Increase the number of VR-eligible
individuals with disabilities in employer-driven job training programs.
The JDVRTAC will develop and provide training and technical
assistance (TA) to State VR agency staff and related rehabilitation
professionals
[[Page 48987]]
and service providers in the following four job-driven topic areas:
(a) Use of labor market data and occupational information to
provide individuals with disabilities with the best information
regarding job demand, skills matching, supports, and education,
training, and career options;
(b) Disability-related consultation and services to employers
related to competitive employment of individuals with disabilities
(including individuals with the most significant disabilities) and
strategies to recruit, train and serve employees with disabilities for
the purposes of hiring, job retention, or return to work;
(c) Building and maintaining relationships with employers; and
(d) Services to providers of customized training and other types of
training that are directly responsive to employer needs and hiring
requirements.
Project Activities
To meet the requirements of this priority, the JDVRTAC must, at a
minimum, conduct the following activities:
Knowledge Development Activities
(a) In the first year, collect information from the literature and
from existing Federal, State, and other programs, including employer-
sponsored and public-private partnership programs, regarding evidence-
based and promising practices relevant to the work of the JDVRTAC and
make this information publicly available in a searchable, accessible,
and useful format. The JDVRTAC should review, at a minimum:
(1) The results of State VR agency monitoring conducted by RSA; and
(2) State VR agency program and performance data.
(b) In the first year, conduct a survey of relevant stakeholders
and VR service providers to identify job-driven TA needs and a process
by which TA solutions can be offered to State VR agencies and their
partners. The JDVRTAC should survey, at a minimum:
(1) State VR agency staff; and
(2) Relevant RSA staff.
(c) Develop and refine four curriculum guides for VR staff training
in:
(1) The use of labor market and occupational information for
purposes of planning and job-matching with individuals with
disabilities;
(2) Building programs of employer engagement, employer services,
and program participation support services for institutions providing
employer-driven training programs;
(3) Delivery of support services to providers of customized
training and other job training directly responsive to employer needs
and hiring requirements to promote and support the inclusion of
individuals with disabilities in such training programs; and
(4) Delivery of support services to employers who hire individuals
with disabilities from employer-driven training programs.
Technical Assistance and Dissemination Activities
(a) Provide intensive TA to a minimum of 16 State VR agencies and
their associated rehabilitation professionals and service providers in
the four job-driven topic areas set out in this priority. The JDVRTAC
must provide intensive TA to a minimum of two agencies in the first
year of the project, a minimum of ten agencies in the second year of
the project, and a minimum of four agencies in the third year of the
project. Such TA must include:
(1) For topic area (a), how to research, understand, and use up-to-
date labor market information to assist individuals with disabilities
in making informed career decisions and develop vocational goals;
(2) For topic area (b)--
(i) How to research, understand, and use up-to-date labor market
information to effectively communicate with and address the needs of--
(A) Employers;
(B) Job seekers with disabilities; and
(C) Employees with disabilities.
(ii) How to balance job-seeker skills and informed choice with the
needs and demands of employers;
(iii) Informational resources for employers on accommodations,
including assistive technology;
(iv) Effective marketing and outreach to employers, such as how
best to present information about job-ready applicants to employers,
including what VR counselors and placement staff need to know about a
specific employer and its business; and
(v) How to use occupational information resources to ensure optimal
vocational guidance and counseling that result in the best fit for
applicants and workers with disabilities and employers.
(3) For topic area (c), how to build and maintain partnerships with
employers, looking at new or existing research about the relationship
between employer practices and employment outcomes among individuals
with disabilities, and promising practices for employer engagement.
(4) For topic area (d)--
(i) How to identify and access employer-driven training programs;
(ii) How to incorporate individuals with disabilities into training
programs in which individuals with disabilities have been historically
underrepresented; and
(iii) How to assist VR-eligible individuals with disabilities in
accessing customized training or other job training that is directly
responsive to employer needs and hiring requirements, including, but
not limited to, training offered by providers under the Carl D. Perkins
Career and Technical Education Improvement Act, H-1B Ready to Work
Partnership Grants, and Trade Adjustment Assistance Community College
and Career Training Grants.
(b) Provide a range of targeted and general TA products and
services on the four job-driven topic areas in this priority. Such TA
should include, at a minimum, the following activities:
(1) Developing and maintaining a state-of-the-art information
technology (IT) platform sufficient to support Webinars,
teleconferences, video conferences, and other virtual methods of
dissemination of information and TA;
Note: All products produced by the JDVRTAC must meet government
and industry-recognized standards for accessibility.
(2) Developing and maintaining a state-of-the-art archiving and
dissemination system that provides a central location for later use of
TA products, including course curricula, audiovisual materials,
Webinars, examples of emerging and best practices related to the four
job-driven topic areas in this notice, and any other TA products, that
is open and available to the public; and
Note: In meeting the requirements of (b)(1) and (b)(2) above,
the JDVRTAC may either develop new platforms or systems, or modify
existing platforms or systems, so long as the requirements of this
priority are met.
(3) Providing a minimum of two Webinars or video conferences on
each of the four job-driven topic areas in this notice to describe and
disseminate information about emerging and best practices in each area.
Coordination Activities
(a) Establish a community of practice that will act as a vehicle
for communication, exchange of information among State VR agencies and
partners, and a forum for sharing the results of TA projects that are
in progress or have been completed. Such community of practice must be
focused on the use of labor market and
[[Page 48988]]
occupational information for individual planning, employer services and
communication, and support of employer-driven training services;
(b) Communicate and coordinate, on an ongoing basis, with other
Department-funded projects and those supported by the Departments of
Labor and Commerce; and
(c) Maintain ongoing communication with the RSA project officer.
Application Requirements
To be funded under this priority, applicants must meet the
application and administrative requirements in this priority. RSA
encourages innovative approaches to meet these requirements, which are:
(a) Demonstrate, in the narrative section of the application under
``Significance of the Project,'' how the proposed project will--
(1) Address State VR agencies' capacity to work with employers and
providers of training to ensure equal access to and greater
opportunities for individuals with disabilities to engage in,
competitive employment or training. To meet this requirement, the
applicant must:
(i) Demonstrate knowledge of emerging and best practices in
employer engagement, including alignment with the needs of business
related to employment of individuals with disabilities;
(ii) Demonstrate knowledge of current RSA guidance and State and
Federal initiatives designed to improve employer engagement and
alignment of workforce training programs with employer needs; and
(iii) Present information about the difficulties that State VR
agencies and service providers have encountered in developing effective
employer engagement plans.
(2) Result in increases in both the number of VR-eligible
individuals with disabilities in employer-driven job-training programs,
and the number and quality of employment outcomes in competitive,
integrated settings for VR-eligible individuals with disabilities,
including broadening the range of occupations for such individuals in
such settings.
(b) Demonstrate, in the narrative section of the application under
``Quality of Project Services,'' how the proposed project will--
(1) Achieve its goals, objectives, and intended outcomes. To meet
this requirement, the applicant must provide--
(i) Measurable intended project outcomes;
(ii) A plan for how the proposed project will achieve its intended
outcomes; and
(iii) A plan for communicating and coordinating with key staff in
State VR agencies, State and local partner programs, providers of
customized training programs and other training programs that are
directly responsive to employer needs and hiring requirements, RSA
partners such as the Council of State Administrators of Vocational
Rehabilitation (CSAVR), the National Council of State Agencies for the
Blind, CSAVR's National Employment Team, and other TA centers and
relevant programs within the Departments of Education, Labor, and
Commerce.
(2) Use a conceptual framework to develop project plans and
activities, describing any underlying concepts, assumptions,
expectations, beliefs, or theories, as well as the presumed
relationships or linkages among these variables, and any empirical
support for this framework.
(3) Be based on current research and make use of evidence-based
practices. To meet this requirement, the applicant must describe--
(i) The current research on the emerging and promising practices in
the four job-driven topic areas in this priority;
(ii) How the current research about adult learning principles and
implementation science will inform the proposed TA; and
(iii) How the proposed project will incorporate current research
and evidence-based practices in the development and delivery of its
products and services.
(4) Develop products and provide services that are of high quality
and sufficient intensity and duration to achieve the intended outcomes
of the proposed project. To address this requirement, the applicant
must describe--
(i) Its proposed activities to identify or develop the knowledge
base on emerging and promising practices in the four job-driven topic
areas in this priority;
(ii) Its proposed approach to universal, general TA; \2\
---------------------------------------------------------------------------
\2\ For the purposes of this priority, ``universal, general TA''
means TA and information provided to independent users through their
own initiative, resulting in minimal interaction with TA center
staff and including one-time, invited or offered conference
presentations by TA center staff. This category of TA also includes
information or products, such as newsletters, guidebooks, or
research syntheses, downloaded from the TA center's Web site by
independent users. Brief communications by TA center staff with
recipients, either by telephone or email, are also considered
universal, general TA.
---------------------------------------------------------------------------
(iii) Its proposed approach to targeted, specialized TA,\3\ which
must identify--
---------------------------------------------------------------------------
\3\ For the purposes of this priority, ``targeted, specialized
TA'' means TA service based on needs common to multiple recipients
and not extensively individualized. A relationship is established
between the TA recipient and one or more TA center staff. This
category of TA includes one-time, labor-intensive events, such as
facilitating strategic planning or hosting regional or national
conferences. It can also include episodic, less labor-intensive
events that extend over a period of time, such as facilitating a
series of conference calls on single or multiple topics that are
designed around the needs of the recipients. Facilitating
communities of practice can also be considered targeted, specialized
TA.
---------------------------------------------------------------------------
(A) The intended recipients of the products and services under this
approach; and
(B) Its proposed approach to measure the readiness of State VR
agencies to work with the proposed project, assessing, at a minimum,
their current infrastructure, available resources, and ability to
effectively respond to the TA, as appropriate.
(iv) Its proposed approach to intensive, sustained TA,\4\ which
must identify--
---------------------------------------------------------------------------
\4\ For the purposes of this priority, ``intensive, sustained
TA'' means TA services often provided on-site and requiring a
stable, ongoing relationship between the TA center staff and the TA
recipient. ``TA services'' are defined as negotiated series of
activities designed to reach a valued outcome. This category of TA
should result in changes to policy, program, practice, or operations
that support increased recipient capacity or improved outcomes at
one or more systems levels.
---------------------------------------------------------------------------
(A) The intended recipients of the products and services under this
approach;
(B) Its proposed approach to measure the readiness of the State VR
agencies to work with the proposed project including the State VR
agencies' commitment to the initiative, fit of the initiatives, current
infrastructure, available resources, and ability to respond effectively
to the TA, as appropriate;
(C) Its proposed plan for assisting State VR agencies to build
training systems that include professional development based on adult
learning principles and coaching; and
(D) Its proposed plan for developing intensive TA agreements with
State VR agencies to provide intensive, sustained TA. The plan must
describe how the intensive TA agreements will outline the purposes of
the TA, the intended outcomes of the TA, and the measurable objectives
of the TA that will be evaluated.
(5) Develop products and implement services to maximize the
project's efficiency. To address this requirement, the applicant must
describe--
(i) How the proposed project will use technology to achieve the
intended project outcomes; and
[[Page 48989]]
(ii) With whom the proposed project will collaborate and the
intended outcomes of this collaboration.
(c) Demonstrate, in the narrative section of the application under
``Quality of the Evaluation Plan,'' how the proposed project will--
(1) Measure and track the effectiveness of the TA provided. To meet
this requirement, the applicant must describe its proposed approach
to--
(i) Collecting data on the effectiveness of each TA activity from
State VR agencies, partners, or other sources, as appropriate; and
(ii) Analyzing data and determining the effectiveness of each TA
activity, including any proposed standards or targets for determining
effectiveness.
(2) Collect and analyze data on specific and measurable goals,
objectives, and intended outcomes of the project, including measuring
and tracking the effectiveness of the TA provided. To address this
requirement, the applicant must describe--
(i) Its proposed evaluation methodologies, including instruments,
data collection methods, and analyses;
(ii) Its proposed standards or targets for determining
effectiveness;
(iii) How it will use the evaluation results to examine the
effectiveness of its implementation and its progress toward achieving
the intended outcomes; and
(iv) How the methods of evaluation will produce quantitative and
qualitative data that demonstrate whether the project and individual TA
activities achieved their intended outcomes.
(d) Demonstrate, in the narrative section of the application under
``Adequacy of Project Resources,'' how--
(1) The proposed project will encourage applications for employment
from persons who are members of groups that have traditionally been
underrepresented based on race, color, national origin, gender, age, or
disability, as appropriate;
(2) The proposed key project personnel, consultants, and
subcontractors have the qualifications and experience to provide TA to
State VR agencies and their partners in each of the four job-driven
topic areas in this priority and to achieve the project's intended
outcomes;
(3) The applicant and any key partners have adequate resources to
carry out the proposed activities; and
(4) The proposed costs are reasonable in relation to the
anticipated results and benefits.
(e) Demonstrate, in the narrative section of the application under
``Quality of the Management Plan,'' how--
(1) The proposed management plan will ensure that the project's
intended outcomes will be achieved on time and within budget. To
address this requirement, the applicant must describe--
(i) Clearly defined responsibilities for key project personnel,
consultants, and subcontractors, as applicable; and
(ii) Timelines and milestones for accomplishing the project tasks.
(2) Key project personnel and any consultants and subcontractors
will be allocated to the project and how these allocations are
appropriate and adequate to achieve the project's intended outcomes,
including an assurance that such personnel will have adequate
availability to ensure timely communications with stakeholders and RSA;
(3) The proposed management plan will ensure that the products and
services provided are of high quality; and
(4) The proposed project will benefit from a diversity of
perspectives, including those of State and local personnel, TA
providers, researchers, and policy makers, among others, in its
development and operation.
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,
[[Page 48990]]
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 Rehabilitation Training program have been well
established over the years through the successful completion of similar
projects, particularly those grants that provided TA to State VR
agencies. Specifically, this priority would establish a JDVRTAC that
would assist State VR agencies to develop employment opportunities that
would be responsive to employer-driven needs for employees who have the
skills to work in today's labor market. This priority is directly
responsive to the Presidential Memorandum to Federal agencies directing
them to take action to address job-driven training for the Nation's
workers.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. One of the
objectives of the Executive order is to foster an intergovernmental
partnership and a strengthened federalism. The Executive order relies
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
This document provides early notification of our specific plans and
actions for this program.
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 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: August 13, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 2014-19588 Filed 8-18-14; 8:45 am]
BILLING CODE 4000-01-P