[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Rules and Regulations]
[Pages 45423-45428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18713]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[CFDA Number: 84.264H.]
Final Priority; Rehabilitation Training: Vocational
Rehabilitation Technical Assistance Center--Youth With Disabilities
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 under the Rehabilitation
Training program. The Assistant Secretary may use this priority for
competitions in fiscal year (FY) 2015 and later years. This priority is
designed to ensure that professionals working in State vocational
rehabilitation (VR) agencies receive the technical assistance (TA) they
need to provide youth with disabilities with services and supports that
lead to postsecondary education and competitive integrated employment.
DATES: This priority is effective August 31, 2015.
FOR FURTHER INFORMATION CONTACT: Tara Jordan, U.S. Department of
Education, 400 Maryland Avenue SW., Room 5040, Potomac Center Plaza
(PCP), Washington, DC 20202-2800. Telephone: (202) 245-7341 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
(Rehabilitation Act), as amended by the Workforce Innovation and
Opportunity Act (WIOA), 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 of, 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 May 15, 2015 (80 FR 27868). That notice
contained background information and our reasons for proposing the
particular priority. There are differences between the proposed
priority and this 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, three parties submitted comments on the proposed
priority.
Generally, we do not address technical and other minor changes.
Analysis of 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: One commenter suggested that the Vocational Rehabilitation
Technical Assistance Center--Youth with Disabilities (VRTAC-Y) include
as a focus of the training and TA to be provided by the Center best
practices for improving services and supports for children with
disabilities who are home schooled as well as children with
disabilities in foster care. In addition, the commenter noted that,
like youth without disabilities, youth with disabilities need support
in obtaining work experience in intermediate jobs while they are still
being encouraged to seek careers requiring postsecondary education or
training. The commenter also suggested that the VRTAC-Y consult with
adults with disabilities who are successful in order to identify
practices they found to be helpful. Finally, the commenter suggested
that
[[Page 45424]]
best practices include mentoring programs pairing youth with
disabilities and individuals with disabilities who have been successful
in their chosen careers.
Discussion: The focus of this priority is to provide TA to State VR
agencies to improve services to and outcomes for: (1) Students with
disabilities, as defined in section 7(37) of the Rehabilitation Act,
who are in school and who are not receiving services under the
Individuals with Disabilities Education Act (IDEA); and (2) youth with
disabilities, as defined in section 7(42) of the Rehabilitation Act,
who are no longer in school and who are not employed, often referred to
as dropouts. Thus, an applicant could propose to include as a focus of
its TA students with disabilities who are home schooled or in foster
care and who are not receiving services under the IDEA, and youth with
disabilities in foster care who are between the ages of 14 and 24 and
who are dropouts, if such a focus is consistent with the TA needs
identified by the Center under this priority.
Similarly, nothing in this priority as currently written precludes
the grantee from providing TA to help students and youth with
disabilities to obtain intermediate jobs as they pursue their long-term
career goals. In addition, an applicant may employ or otherwise consult
with adults with disabilities to identify best practices in serving
students and youth with disabilities, and an applicant may propose this
strategy as one of its TA activities. Finally, we agree that developing
supportive mentoring relationships can help to improve employment
outcomes for youth with disabilities, and we have added language to the
priority under topic area (c) to address this comment.
Changes: We have added mentoring services under topic area (c) as
an example of a collaborative and coordinated service strategy that is
designed to increase the number of students and youth with disabilities
who obtain competitive integrated employment.
Comment: Given the potential for overlap with TA and materials
provided by other TA centers on related topics, one commenter suggested
that applicants for the VRTAC-Y describe their plans to coordinate with
other previously established TA centers. The commenter also questioned
the requirement to review current VR agency State Plans while State
agencies are in the midst of developing Unified or Combined State Plans
with WIOA core programs and updating relevant interagency agreements,
suggesting that review of these State Plans that were developed before
the implementation of WIOA might not yield current information on which
to base selection of intensive TA sites or the measurement of TA impact
on performance.
Discussion: Coordinating responsibilities between the VRTAC-Y and
existing TA centers is required under Coordination Activities, section
(b), and Application Requirements, section (b)(1)(iii), and we believe
the commenter's concerns are adequately addressed in those sections.
While we recognize that State VR agencies are working with WIOA
partners to develop Unified or Combined State Plans, including updating
relevant interagency agreements, we expect that review of current State
Plans will still provide valuable information for TA purposes. The
review of State Plans is only one source of information the VRTAC-Y
will consider in its knowledge development activities. In addition to
reviewing State-reported data and other information, the VRTAC-Y will
conduct a survey of relevant stakeholders and VR service providers to
identify TA needs. Finally, the applicant is required to describe how
it will determine the effectiveness of the TA, including any proposed
standards or targets for determining effectiveness, and its progress
toward achieving intended outcomes, which at a minimum must include
data on a number of variables.
Changes: None.
Comment: One commenter suggested that the Technical Assistance and
Dissemination Activities section of this priority could be strengthened
by specifically identifying service providers as partners of the State
VR agency in these activities in section (a)(1). The commenter
suggested using the phrase ``public and community-based'' to better
describe the service systems discussed under section (a)(2) (how to
access and leverage partnerships across agencies and public and
community-based service delivery systems to increase the number of
students and youth with disabilities provided with relevant and
accessible information regarding services available through the State
VR agency) and under section (b)(1) (a curriculum guide for developing
partnerships). The commenter also suggested that work experience
opportunities and programs be included in section (b)(3) (a curriculum
guide for developing training and work experience programs).
Discussion: Service providers are included in the term ``relevant
stakeholders,'' which already is used in the priority, so we do not
believe it is necessary to mention them specifically. We agree that the
phrase ``public and community-based'' is most inclusive of potential
partners in serving students and youth with disabilities. We also agree
that the addition of work opportunities to the curriculum guide on
developing training and work experience programs is consistent with the
individualized nature of customized training that is included in this
curriculum guide description.
Changes: We have added the phrase ``public and community-based'' in
sections (a)(2)(i) and (ii) and (b)(1) under Technical Assistance and
Dissemination Activities in order to better describe coordination among
service systems. Under section (b)(3), we have added the words ``career
pathways'' and ``work opportunities'' in the description of the
curriculum guide.
Comment: None.
Discussion: In reviewing the NPP, we recognized that we had
overlooked an obvious but important set of training programs to which
students and youth with disabilities should have access.
Changes: We have added language under paragraph (3)(iii) of the
Technical Assistance and Dissemination Activities section. We clarify
that TA on assisting students and youth with disabilities to access
training that is directly responsive to employer needs and hiring
requirements may include training offered by providers under the WIOA
core programs.
Final Priority:
The purpose of this priority is to fund a cooperative agreement to
establish a Vocational Rehabilitation Technical Assistance Center--
Youth with Disabilities (VRTAC-Y). The focus of this priority is to
provide technical assistance (TA) to State vocational rehabilitation
(VR) agencies to improve services to and outcomes of: (1) Students with
disabilities, as defined in section 7(37) of the Rehabilitation Act,
who are in school and who are not receiving services under the IDEA;
and (2) youth with disabilities, as defined in section 7(42) of the
Rehabilitation Act, who are no longer in school and who are not
employed, often referred to as dropouts. For purposes of this priority,
``Students and youth with disabilities'' refers to these two groups.
The VRTAC-Y is designed to achieve, at a minimum, the following
outcomes:
(a) Assist State VR agencies to identify and meet the VR needs of
students and youth with disabilities consistent with section 101(a)(15)
of the Rehabilitation Act;
(b) Improve the ability of State VR agencies to develop
partnerships with State and local agencies, service
[[Page 45425]]
providers, or other entities to ensure that students and youth with
disabilities are referred for VR services and have access to
coordinated supports, services, training, and employment opportunities,
including: (1) Increasing the number of referrals and applications
received by State VR agencies from agencies, service providers and
others serving students and youth with disabilities; and (2) increasing
the number of students and youth with disabilities receiving VR
services;
(c) Improve the ability of VR personnel to develop individualized
plans for employment that ensure the successful transition of students
and youth with disabilities and the achievement of post-school goals;
and
(d) Increase the number of students and youth with disabilities
served by VR agencies (particularly dropouts and youth involved in the
foster care and correctional systems) who are engaged in education and
training programs leading to the attainment of postsecondary
educational skills and credentials needed for employment in high-demand
occupations.
Topic Areas
Under this priority, the VRTAC-Y must develop and provide training
and TA to State VR agency staff and related rehabilitation
professionals and service providers in the following topic areas:
(a) Developing and maintaining formal and informal partnerships and
relationships with relevant stakeholders (including, but not limited
to, school systems, institutions of higher education (IHEs), State and
local service agencies, community rehabilitation programs, correctional
facilities and programs, and employers) to increase referral of
students and youth with disabilities to the State VR system for the
supports and services they need to achieve competitive integrated
employment;
(b) Developing and implementing outreach policies and procedures
using evidence-based and promising practices that ensure that students
and youth with disabilities in the State are located, identified, and
evaluated for services; and
(c) Developing and implementing collaborative and coordinated
service strategies, such as mentoring services; higher education and
training services; and internship, apprenticeship, and other work
experience services designed to increase the number of students and
youth with disabilities who are served by the State VR agency who
obtain competitive integrated employment.
Project Activities
To meet the requirements of this priority, the VRTAC-Y 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 on evidence-based and
promising practices relevant to the work of the VRTAC-Y and make this
information publicly available in a searchable, accessible, and useful
format. The VRTAC-Y must review, at a minimum:
(1) State VR agency State Plan descriptions of outreach plans and
procedures, coordination and collaboration with other agencies, and
coordination and collaboration with education officials relating to
students and youth with disabilities;
(2) State VR agency formal interagency agreements with SEAs for the
coordination of transition services, including the provision of pre-
employment transition services;
(3) The results of State VR agency monitoring conducted by RSA,
when available;
(4) State VR agency program and performance data; and
(5) Information on promising practices and VR needs of students and
youth with disabilities from TA centers that serve relevant public and
private non-profit agencies, as well as existing RSA and Office of
Special Education Programs (OSEP) TA centers and RSA and OSEP Parent
Training and Information Centers.
(b) In the first year, conduct a survey of relevant stakeholders
and VR service providers to identify TA needs that the VRTAC-Y can meet
and develop a process by which TA solutions can be offered to State VR
agencies and their partners. The VRTAC-Y must survey, at a minimum:
(1) State VR agency staff;
(2) Relevant RSA staff;
(3) Grantees of the National Institute on Disability, Independent
Living, and Rehabilitation Research that are researching topics related
to the work of the VRTAC-Y; and
(4) Educators or other professionals conducting research on topics
related to the work of the VRTAC-Y.
Technical Assistance and Dissemination Activities
(a) Over the five-year grant period, provide intensive TA to a
minimum of 10 State VR agencies and their associated rehabilitation
professionals and service providers in the topic areas set out in this
priority.\1\ In each of the second, third, fourth, and fifth years of
the project, the VRTAC-Y must provide intensive TA to at least two
different State VR agencies. Applicants must clearly describe the
application process and selection criteria for the State VR agencies
that would receive intensive TA. Such TA must include:
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\1\ For the purposes of this priority, ``intensive 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 a negotiated series of activities designed
to reach a valued outcome. Intensive TA should result in changes to
policy, programs, practices, or operations that support increased
recipient capacity or improved outcomes at one or more systems
levels.
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(1) For topic area (a)--
(i) Identification of relevant stakeholders in the State or region
who can improve the State VR agency's ability to perform outreach
activities and meet the employment and training needs of students and
youth with disabilities;
(ii) Effective marketing and outreach to school and community
services personnel, such as how best to present information about VR
supports, training, and programming for students and youth with
disabilities; and
(iii) How to develop formal and informal service and outreach
agreements with relevant stakeholders to meet the employment and
training needs of students and youth with disabilities.
(2) For topic area (b)--
(i) How to conduct an analysis and assessment of outreach
strategies to determine gaps between public and community-based service
delivery systems, as well as the need for coordinated services and
supports across service systems for students and youth with
disabilities;
(ii) How to access and leverage partnerships across agencies and
public and community-based service delivery systems to increase the
number of students and youth with disabilities provided with relevant
and accessible information regarding services available through the
State VR agency.
(3) For topic area (c)--
(i) Evidence-based and promising practices in the development and
implementation of vocational services to meet the employment and
training needs of students and youth with disabilities;
(ii) How to incorporate students and youth with disabilities into
training programs in which they have been historically
underrepresented; and
(iii) How to assist students and youth with disabilities in
accessing
[[Page 45426]]
customized vocational, occupational, or certification training or other
career training that is directly responsive to employer needs and
hiring requirements, including, but not limited to, training offered by
providers under the WIOA core programs, 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, including two-year and four-year IHEs.
(b) In the first year, develop and refine a minimum of five
curriculum guides for VR staff training in topics related to the work
of the VRTAC-Y, which must include:
(1) Partnership development across public and community-based
service delivery systems for purposes of leveraging resources and
coordinating supports, services, training, and employment opportunities
for students and youth with disabilities;
(2) Development, implementation, and dissemination of effective
model outreach strategies, policies, and procedures to improve access
for students and youth with disabilities to VR services and supports;
(3) Development of customized training, career pathways, other
career training, work opportunities and work experience programs for
students and youth with disabilities;
(4) Development and delivery of support services to providers of
career training programs that facilitate completion of training and
result in competitive integrated employment for students and youth with
disabilities; and
(5) Delivery of support services to employers who hire students and
youth with disabilities from customized or career training programs or
who offer internships and work experience opportunities.
(c) Provide a range of targeted and general TA products and
services on the topic areas in this priority. Such TA must include, at
a minimum, the following activities:
(1) Developing and maintaining a state-of-the-art information
technology platform sufficient to support Webinars, teleconferences,
video conferences, and other virtual methods of dissemination of
information and TA;
Note: All products produced by the VRTAC-Y must meet government
and industry-recognized standards for accessibility, including
section 508 of the Rehabilitation Act. The VRTAC-Y may either
develop a new platform or system, or modify existing platforms or
systems, so long as the requirements of the priority are met.
(2) Ensuring that all TA products are sent to the National Center
for Rehabilitation Training Materials, including: course curricula;
audiovisual materials; Webinars; examples of emerging and best
practices related to the topic areas in this priority; and any other TA
products; and
(3) Providing a minimum of four Webinars or video conferences on
each of the topic areas in this priority to describe and disseminate
information about emerging and promising practices in each area.
Coordination Activities
(a) Establish a community of practice for all interested State VR
agencies 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 partnerships
across service systems, outreach and identification strategies for
students and youth with disabilities, and the development and provision
of vocational services and vocational training to students and youth
with disabilities.
(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 requirements in this priority. RSA encourages innovative
approaches to meet these requirements, which are to:
(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 meet the employment and
training needs of students and youth with disabilities. To meet this
requirement, the applicant must:
(i) Demonstrate knowledge of emerging and best practices in
conducting outreach and providing VR services to students and youth
with disabilities;
(ii) Demonstrate knowledge of current applicable Federal statutes
and regulations, current RSA guidance, and State and Federal
initiatives designed to improve employment outcomes for students and
youth with disabilities; and
(iii) Present information about the difficulties that State VR
agencies and service providers have encountered in developing and
implementing effective outreach and service delivery plans for students
and youth with disabilities; and
(2) Result in increases in both the number of students and youth
with disabilities receiving services from State VR agencies and related
agencies and the number and quality of employment outcomes in
competitive integrated employment for students and youth with
disabilities;
(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, advocates for
students and youth with disabilities, RSA partners such as the Council
of State Administrators of Vocational Rehabilitation (CSAVR), the
National Council of State Agencies for the Blind (NCSAB), 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 and
promising practices. To meet this requirement, the applicant must
describe--
(i) The current research on emerging, promising, and evidence-based
practices in the 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
[[Page 45427]]
requirement, the applicant must describe--
(i) Its proposed activities to identify or develop the knowledge
base on emerging and promising practices in the topic areas in this
priority;
(ii) Its proposed approach to universal, general TA; \2\
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\2\ For the purposes of this priority, ``universal, general
technical assistance'' 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.
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(iii) Its proposed approach to targeted, specialized TA,\3\ which
must identify--
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\3\ For the purposes of this priority, ``targeted, specialized
technical assistance'' means TA services 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.
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(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, which must
identify--
(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 TA initiatives, appropriateness of the
initiatives, current infrastructure, available resources, and ability
to respond effectively to the TA, as applicable;
(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
(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. At a minimum, the VRTAC-Y must analyze data on school
and service system referrals to State VR agencies and employment
outcomes of students and youth with disabilities, including type of
employment, wages, hours worked, weeks of employment, and public
benefits received;
(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 historically 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 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
that 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
[[Page 45428]]
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 Rehabilitation Training program have been well
established over the years through the successful completion of similar
projects. This priority will better prepare State VR agency personnel
to assist the students and youth with disabilities who are the focus of
this priority to achieve competitive integrated employment in today's
challenging labor market.
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) 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 search
feature at this site, you can limit your search to documents published
by the Department.
Dated: July 27, 2015.
Michael K. Yudin,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2015-18713 Filed 7-29-15; 8:45 am]
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