[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Rules and Regulations]
[Pages 46799-46804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19293]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2015-OSERS-0061]
Final Priority and Definitions; Demonstration and Training
Program: Career Pathways for Individuals With Disabilities
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Final priority and definitions.
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[CFDA Number: 84.235N.]
SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services announces a priority designed to demonstrate
promising practices in the use of career pathways to improve employment
outcomes for individuals with disabilities. Specifically, this priority
will establish model demonstration projects that engage State
vocational rehabilitation (VR) agencies in partnerships with other
entities to develop and use career pathways to help individuals with
disabilities eligible for VR services, including youth with
disabilities, acquire necessary marketable skills and recognized
postsecondary credentials. The Assistant Secretary may use this
priority for competitions in fiscal year (FY) 2015 and later years.
DATES: This priority and these definitions are effective September 8,
2015.
FOR FURTHER INFORMATION CONTACT: Felipe Lulli, U.S. Department of
Education, 400 Maryland Avenue SW., Room 5042, Potomac Center Plaza
(PCP), Washington, DC 20202-2800. Telephone: (202) 245-7425 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: The purpose of the Demonstration and Training
Program is to provide competitive grants to, or enter into contracts
with, eligible entities to expand and improve rehabilitation and other
services authorized under the Rehabilitation Act of 1973, as amended
(Rehabilitation Act), or to further the purposes and policies in
sections 2(b) and 2(c) of the Rehabilitation Act by supporting
activities that increase the provision, extent, availability, and
scope, as well as improve the quality of rehabilitation services under
the Rehabilitation Act.
Program Authority: 29 U.S.C. 773(b).
Applicable Program Regulations: 34 CFR part 373.
We published a notice of proposed priority and definitions for this
competition in the Federal Register on May 15, 2015 (80 FR 27874). That
notice contained background information and our reasons for proposing
the particular priority and definitions. There are differences between
the proposed priority and the final priority which are explained in the
Analysis of Comments and Changes section of this notice.
Public Comment: In response to our invitation in the notice of
proposed priority and definitions, two parties submitted comments
relevant to this 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 and definitions since publication of
the notice of proposed priority follows.
Comment: One commenter inquired whether there were any Federal
requirements for the legal or programmatic structure of an eligible
consortium. We also identified a second issue implicit in the
commenter's question, namely, when it is appropriate for VR agencies to
apply as a group.
Discussion: We agree that the reference to ``a consortium of State
VR agencies'' in the Eligible Applicants section of the proposed
priority requires further definition. The Education Department General
Administrative Regulations (EDGAR) at 34 CFR 75.127-129 authorize
eligible entities to apply as a group. According to EDGAR, groups may
take various forms, including consortia, provided that the constituent
members are eligible entities and that the eligible applicants formally
bind themselves to all the application statements and assurances,
describe the activities they plan to conduct, and assume responsibility
for compliance with all relevant Federal requirements. Accordingly, the
final priority incorporates references to these requirements in the
Eligibility and Application Requirements sections.
We also agree that further clarification is needed regarding the
circumstances in which application by a group would be appropriate.
Thus, we have added a requirement that groups must serve a defined
metropolitan area or distinct population that exists across State
lines.
Changes: In the Eligible Applicants section, we updated the final
priority to use the broader term ``group'' instead of ``consortium.''
With regard to the circumstances for group applications, we have
updated the Eligible Applicants section of the final priority to
specify that State VR agencies may apply as a group if they serve
individuals in a distinct geographic area shared by two or more
adjacent States (e.g., metropolitan areas, targeted occupational
clusters or related industries whose employment base extends beyond a
single adjacent State).
Also, in the Application Requirements paragraph (c)(3), we added a
new requirement that State VR agencies applying as a group identify
their shared geographic area and describe how they will coordinate
their project activities within that area. In paragraph (e) of the
Application Requirements section, we stipulate that applications by
groups must include a copy of the members' signed agreement designating
the agency authorized to sign the application on behalf of the group;
binding each agency to every statement, assurance and obligation in the
application; and detailing the agencies' assigned project roles and
responsibilities.
Comment: One commenter stated that the project requirements in the
proposed priority would not ensure that grantees provide individuals
with the kind of career development support they need for success in a
career pathway. The commenter described the comprehensive career
development process in terms of three distinct elements: the
individual's self-exploration of career-related skills, interests, and
values; exploration of potential occupations and career goals aligned
with the individual's skills, interests, and values; and career
planning and management to achieve the individual's chosen employment
and personal goals. The commenter stated that career planning and
management may involve career-specific skills, job search skills, and
soft skills involving communication,
[[Page 46800]]
teamwork, networking, problem solving, critical thinking, and
professionalism.
In the commenter's view, the Project Requirements section of the
proposed priority was inadequate because it did not require grantees to
engage individuals in a comprehensive career development process. To
correct this, the commenter recommended changes in the Project
Requirements section to incorporate the three aspects of the
comprehensive career development process, particularly in paragraphs
(c)(6)(i) and (c)(6)(iv).
The same commenter made additional recommendations in support of
job readiness. Specifically, the commenter proposed inserting
additional examples of comprehensive support services, self-advocacy,
and soft-skills in Project Requirements paragraphs (c)(4)(i),
(c)(4)(iii), and (c)(6)(iv), respectively, as well as the addition of a
new requirement regarding ``supportive relationships with family
members, mentors, role models, and other caring adults.''
Discussion: We agree with the commenter's three-part description of
a systematic comprehensive career development process. We also agree
that the phrase used in the proposed priority--``career counseling,
career exploration and career readiness skills''--does not fully
reflect such a process. It does not, for example, capture the self-
exploration or career planning and management components of the
process. Accordingly, the final priority incorporates a number of
changes to improve the quality of the program's career development
activities, consistent with the commenter's three-part description of a
comprehensive career development process.
We also agree that the proposed priority omitted some important
elements of comprehensive support services, self-advocacy, and soft-
skills requirements, including fostering supportive relationships. The
final priority therefore expands the comprehensive support services,
self-advocacy training, and soft skills services to be provided,
together with peer support and mentoring.
On the other hand, we do not believe that a new requirement
regarding supportive relationships with family members is necessary,
because the proposed priority's Application Requirements paragraph
(c)(3)(vi) already requires ``strategies for involving families.''
Changes: We have revised the final priority to include several
changes to the Project Requirements section. Paragraph (c)(6)(i) has
been revised to more fully reflect the nature and scope of the
program's required career development services. In addition, paragraph
(c)(4)(i) now incorporates benefits planning and physical and mental
health services among the comprehensive support services. Further, we
revised paragraph (c)(4)(iii) to incorporate mentoring and peer
relationships as components of self-advocacy training. Finally, we
revised paragraph (c)(6)(iv) to add communication, teamwork,
networking, problem solving, critical thinking and professionalism as
soft skills.
Comment: None.
Discussion: We identified several instances in which a particular
requirement was cited in one part of the proposed priority but omitted
in another place where it should have been cited.
The proposed priority's program description, for example, indicated
that career pathway services are intended for individuals with
disabilities who meet State VR eligibility requirements. However, this
eligibility requirement was not reflected in the Project Requirements
or Application Requirements sections of the proposed priority.
Also, certain requirements in the Project Requirements section were
not addressed in the Application Requirements section. Paragraph (b) of
the Project Requirements in the notice of proposed priority required
the model project to be implemented at multiple sites and lead to one
or more occupational clusters. However, the Application Requirements
did not require applicants to identify those sites, clusters, or their
criteria for selecting them. Also, while Project Requirements paragraph
(c) enumerated six career pathway components, the Application
Requirements section lacked any references to those components.
Further, collaboration with federally funded career pathway initiatives
was cited in paragraph (d) of the Project Requirements section, but the
Application Requirements section did not require applicants to list or
describe such collaboration(s).
With regard to employment outcomes, the proposed priority's
Background section referenced competitive integrated employment for
individuals with disabilities, but it did not require this employment
outcome in either the Project Requirements section or the Application
Requirements section's evaluation plan.
Finally, neither the Project Requirements nor the Application
Requirements of the proposed priority specified whether grantees are
expected to create new pathways or to access existing ones.
Changes: In the final priority, we have added references to ``VR-
eligible individuals'' in paragraph (a) of the Project Requirements
section and in paragraph (c)(4)(v) of the Application Requirements
section.
In paragraph (c)(3) of the Application Requirements section, the
final priority requires applicants to identify the project's proposed
sites and targeted occupational clusters, and their criteria for
selecting such sites and occupational clusters. We also added
references to the six specified career pathway components in paragraph
(c)(4)(v) of the Application Requirements section. In addition, we
added the requirement that applicants describe their proposed
collaboration with federally funded career pathway partners in
Application Requirements paragraph (c)(4)(iii).
We have added an explicit reference to competitive integrated
employment in paragraph (a) of the Project Requirements section. In
Application Requirements paragraph (g), regarding evaluation plans, we
added required data elements appropriate for measuring career pathways'
effectiveness in creating competitive integrated employment
opportunities for VR-eligible individuals.
In paragraph (a) of the Project Requirements section we added a
statement clarifying that applicants may provide access to existing
career pathways, create new ones, or both. Also, Application
Requirements paragraph (c)(4)(iv) now requires applicants to describe
how they would provide access to existing career pathways or create new
pathways.
Final Priority
The Assistant Secretary for Special Education and Rehabilitative
Services proposes a priority designed to demonstrate promising
practices in the use of career pathways (as defined in this notice) in
order to improve employment outcomes for individuals with disabilities
(as defined in this notice). Specifically, the purpose of this priority
is to establish model demonstration projects designed to promote State
vocational rehabilitation (VR) agency partnerships in the development
of and the use of career pathways to help individuals with disabilities
eligible for VR services, including youth with disabilities (as defined
in this notice), to acquire marketable skills and recognized
postsecondary credentials (as defined in this notice).
Eligible Applicants: Under this priority, an applicant must be a
State VR agency. State VR agencies may also apply as a group,
consistent with 34
[[Page 46801]]
CFR 75.128, if they serve individuals in a distinct geographic area
shared by two or more adjacent States. Applications by a group would be
appropriate, for example, in cases of metropolitan areas, targeted
occupational clusters or related industries whose employment base
extends beyond a single State.
Project Requirements: Under this priority, the model demonstration
proposed by an applicant must, at a minimum--
(a) Develop and implement a collaborative model project
demonstrating promising practices and strategies in the use of career
pathways to improve the skills of VR-eligible individuals with
disabilities, including youth with disabilities, and help them attain
credentials that lead to competitive integrated employment in high-
demand occupations. The model must be implemented at multiple sites to
ensure its replicability, and lead to one or more occupational clusters
(as defined in this notice). The model project may involve providing
access to existing career pathways, creating new pathways, or both;
(b) Establish partnerships between the VR agencies, employers,
agencies, and entities that are critical to the development of career
pathways and the alignment of education, training, employment, and
human and social services. At minimum, the partnership should include
representatives from local or State educational agencies responsible
for providing transition services to students with disabilities under
the Individuals with Disabilities Education Act and representatives
from two-year and four-year institutions of higher education, American
Job Centers, other workforce training providers (including
apprenticeship, on-the-job and customized training providers), and
employers who will work in collaboration to develop and provide
postsecondary education and training for individuals with disabilities
served under this project;
(c) Include the following career pathway components:
(1) Alignment of secondary and postsecondary education, training,
employment, and human services with the skill needs of targeted
industry sectors important to local, regional, or State economies;
(2) Rigorous, sequential, connected, and efficient curricula that
connect basic education and skills training courses and that integrate
education with training;
(3) Multiple entry and exit points for individuals with
disabilities entering and exiting training;
(4) Comprehensive support services that are designed to ensure the
individual's success in completing education and training programs:
(i) Financial supports, benefits planning, child care, physical and
mental health services and transportation;
(ii) Educational supports (e.g., tutors, on-campus supports such as
writing labs, math labs, and disability services);
(iii) Self-advocacy training (e.g., mentoring, peer relationships,
understanding how to request services and supports needed in the
transition from secondary to post-secondary education and employment,
and increasing knowledge of rights under disability laws); and
(iv) Appropriate assistive technology services and devices;
(5) Flexible design of education and training programs and services
to meet the particular needs of individuals with disabilities,
including flexible work schedules, alternative class times and
locations, and the innovative use of technology; and
(6) Education and training programs that focus on the attainment of
secondary education and recognized postsecondary credentials, sector-
specific employment, educational advancement over time and employment
within a sector, including curriculum and instructional strategies
designed to develop the following knowledge and skills:
(i) Comprehensive career development counseling and guidance,
including self-exploration, career exploration and career planning and
management;
(ii) Basic academic skills needed to demonstrate knowledge
competencies in an occupation or occupational cluster, including
remedial skills to address gaps in basic reading, writing, and math
skills;
(iii) Career and technical skills leading to employment in
technical careers, including employment in the skilled trades; and
(iv) Soft skills (e.g., understanding, communication, teamwork,
networking, problem solving, critical thinking and professionalism,
learning styles, identifying strengths and weaknesses);
(d) Collaborate with other federally-funded career pathway
initiatives conducting activities relevant to the work of its proposed
project; and
(e) Develop and conduct an evaluation of the project's performance
in achieving project goals and objectives, including an evaluation on
the effectiveness of the practices and strategies implemented by the
project.
Application Requirements: To be considered for funding under this
program, an application must include the following:
(a) A detailed review of the literature that supports the potential
effectiveness of the proposed model, its components, and processes to
improve outcomes for individuals with disabilities;
(b) A logic model that communicates how the demonstration project
will achieve its outcomes and provides a framework for project
evaluation. The logic model must depict, at a minimum, the goals,
activities, outputs, and outcomes of the proposed model demonstration
project;
(c) A description of the applicant's plan for implementing the
project, including a description of--
(1) A cohesive, articulated model of partnership and coordination
among the participating agencies and organizations;
(2) The coordinated set of promising practices and strategies in
the use and development of career pathways that are aligned with
employment, training, and education programs and reflect the needs of
employers and individuals with disabilities;
(3) The model demonstration project's proposed sites and targeted
occupational clusters, and the proposed criteria for selecting such
sites and occupational clusters. State VR agencies applying as a group
must also identify the shared geographic area and describe how they
will coordinate their project activities within the shared area.
(4) How the proposed project will--
(i) Identify local workforce needs, aligned with the skill needs of
targeted industry sectors important to local, regional, or State
economies;
(ii) Involve employers in the project design and in partnering with
project staff to develop integrated community settings for assessments,
job shadowing, internships, apprenticeships, and other paid and unpaid
work experiences that are designed to lead to competitive integrated
employment for individuals with disabilities, including youth with
disabilities;
(iii) Collaborate with participating agencies and organizations,
including career pathway partners;
(iv) Provide access to existing career pathways, create new
pathways, or both, incorporating the six required career pathway
components: secondary and postsecondary education and training aligned
with targeted industry sector needs; rigorous, sequential, connected
and efficient curricula; multiple entry and exit points; comprehensive
support services; flexible design of education, training, work settings
and assistive
[[Page 46802]]
technology; and focus on the attainment of secondary education,
recognized postsecondary credentials, sector-specific employment, and
related knowledge and skills.
(v) Conduct outreach activities to identify VR-eligible individuals
with disabilities whom the career pathways approach could assist in
achieving competitive integrated employment in the career clusters
identified in their application; and
(vi) Develop strategies for involving families that will increase
the likelihood for successful educational and employment outcomes for
individuals with disabilities.
(d) The methods and criteria that will be used to select the sites
at which the project activities will be implemented;
(e) Evidence (e.g., letter of support or draft agreement) that the
State VR agency has specific agreements with its partners in the
development and implementation of the project. In the case of a group,
the application must also include a signed agreement among the
constituent State VR agencies that designates the agency legally
authorized to submit the application on behalf of the group; binds each
agency to every statement, assurance and obligation in the application;
and details the agencies' assigned roles and responsibilities, in
accordance with 34 CFR 75.128 and 75.129;
(f) A plan for evaluating the project's performance, including an
evaluation on the effectiveness of the practices and strategies
implemented by the project, in achieving project goals and objectives.
Specifically, the evaluation plan must include a description of:
(1) Project goals, measurable objectives, and operational
definitions;
(2) The data to be collected;
(3) How the data will be analyzed; and
(4) How the outcomes for individuals with disabilities served by
the project compared with the outcomes of individuals with disabilities
not receiving project services.
(g) For each career pathway accessed or created through the
project, the evaluation plan must provide the following information:
(1) Description of the career pathway--including the respective
occupational cluster(s) or career field(s), stackable credentials, and
multiple entry/exit points; and
(2) Collection of the following data, at minimum:
(i) The relevant RSA-911 Case Service Report data for each project
participant;
(ii) The number of participants who entered the career pathway;
(iii) The number of participants who completed training in the
career pathway;
(iv) The number of participants who attained one or more recognized
postsecondary credential and the types of credentials attained;
(v) The number of participants who achieved competitive integrated
employment through the project; and
(vi) The corresponding weekly wage and employer benefits received
by these participants.
(h) A plan for systematic dissemination of project findings and
knowledge gained that will assist State and local agencies in adapting
or replicating the model career pathways developed and implemented by
the project. This plan could include elements such as development of a
Web site, community of practice, and participation in national and
State conferences;
(i) An assurance that the employment goal for all individuals
served under this priority will be competitive integrated employment,
including customized or supported employment; and
(j) An assurance that the project will collaborate with other
federally-funded career pathway initiatives conducting activities
relevant to its work.
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)).
Definitions
The following definitions are provided to ensure that applicants
have a clear understanding of how we are using these terms in the
priority. There are no differences between the proposed definitions and
these final definitions.
Career Pathway means a combination of rigorous and high-quality
education, training, and other services that--
(a) Aligns with the skill needs of industries in the economy of the
State or regional economy involved;
(b) Prepares an individual to be successful in any of a full range
of secondary or postsecondary education options, including
apprenticeships registered under the Act of August 16, 1937 (commonly
known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.);
(c) Includes counseling to support an individual in achieving the
individual's education and career goals;
(d) Includes, as appropriate, education offered concurrently with
and in the same context as workforce preparation activities and
training for a specific occupation or occupational cluster;
(e) Organizes education, training, and other services to meet the
particular needs of an individual in a manner that accelerates the
educational and career advancement of the individual to the extent
practicable;
(f) Enables an individual to attain a secondary school diploma or
its recognized equivalent, and at least one recognized postsecondary
credential; and
(g) Helps an individual enter or advance within a specific
occupation or occupational cluster. Source: Section 3(7) of WIOA.
Competitive integrated employment means work that is performed on a
full-time or part-time basis (including self-employment)--
(a) For which an individual--
(1) Is compensated at a rate that--
(i)(A) Shall be not less than the higher of the rate specified in
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) or the rate specified in the applicable State or local
minimum wage law; and
(B) Is not less than the customary rate paid by the employer for
the same or similar work performed by other employees who are not
individuals with disabilities, and who are similarly situated in
similar occupations by the same employer and who have similar training,
experience, and skills; or
(ii) In the case of an individual who is self-employed, yields an
income that is comparable to the income received by other individuals
who are not individuals with disabilities, and who are self-employed in
similar occupations or on similar tasks and who
[[Page 46803]]
have similar training, experience, and skills; and
(2) Is eligible for the level of benefits provided to other
employees;
(b) That is at a location where the employee interacts with other
persons who are not individuals with disabilities (not including
supervisory personnel or individuals who are providing services to such
employee) to the same extent that individuals who are not individuals
with disabilities and who are in comparable positions interact with
other persons; and
(c) That, as appropriate, presents opportunities for advancement
that are similar to those for other employees who are not individuals
with disabilities and who have similar positions. Source: Section 7(5)
of the Rehabilitation Act.
Individual with a disability means any individual who--
(a) Has a physical or mental impairment which for such individual
constitutes or results in a substantial impediment to employment; and
(b) Can benefit in terms of an employment outcome from vocational
rehabilitation services provided pursuant to Title I, III, or VI of the
Rehabilitation Act. Source: Section 7(20) of the Rehabilitation Act.
Occupational cluster means a group of occupations and broad
industries based on common knowledge and skills, job requirements or
worker characteristics. Source: Adopted from Career Pathways Toolkit,
DOL.
Recognized postsecondary credential means a credential consisting
of an industry-recognized certificate or certification, a certificate
of completion of an apprenticeship, a license recognized by the State
involved or Federal Government, or an associate or baccalaureate
degree. Source: Section 3(52) of WIOA.
Youth with a disability means an individual with a disability who--
(a) Is not younger than 14 years of age; and
(b) Is not older than 24 years of age. Source: Section 7(42) of the
Rehabilitation Act.
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 Demonstration and Training program have been well
established over the years through the successful completion of similar
projects, particularly those grants that demonstrated innovative
service delivery practices. Specifically, this priority would establish
model demonstrations showing that career pathways can be used to assist
individuals with disabilities to achieve competitive integrated
employment by obtaining recognized postsecondary credentials and
thereby by meeting the needs of employers in high-demand career
clusters. This priority is also 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
[[Page 46804]]
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 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 31, 2015.
Michael K. Yudin,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2015-19293 Filed 8-5-15; 8:45 am]
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