[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Proposed Rules]
[Pages 20268-20274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07933]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2016-OSERS-0005; CFDA Number: 84.160C.]
Proposed Priority--Training of Interpreters for Individuals Who
Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind program
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Proposed priority.
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SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services announces a priority under the Training of
Interpreters for Individuals Who Are Deaf or Hard of Hearing and
Individuals Who Are Deaf-Blind program. The Assistant Secretary may use
this priority for competitions in fiscal year 2016 and later years. We
take this action to provide training and technical assistance to better
prepare novice interpreters to become highly qualified nationally
certified sign language interpreters.
DATES: We must receive your comments on or before May 9, 2016.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments submitted by fax or by email or those submitted after
the comment period. To ensure that we do not receive duplicate copies,
please submit your comments only once. In addition, please include the
Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under the ``help'' tab.
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about these proposed regulations, address
them to Kristen Rhinehart-Fernandez, U.S. Department of Education, 400
Maryland Avenue SW., Room 5062, Potomac Center Plaza (PCP), Washington,
DC 20202-5076.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to
include in their comments only information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT: Kristen Rhinehart-Fernandez.
Telephone: (202) 245-6103 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:
Invitation to Comment: We invite you to submit comments regarding
this notice. To ensure that your comments have maximum effect in
developing the notice of final priority, we urge you to identify
clearly the specific section of the proposed priority that each comment
addresses.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866 and 13563 and their overall
requirement of reducing regulatory burden that might result from this
proposed priority. Please let us know of any further ways we could
reduce potential costs or increase potential benefits while preserving
the effective and efficient administration of the program.
Specific Issues Open for Comment:
In addition to your general comments and recommended
clarifications, we seek input on the proposed design of the
Experiential Learning Model Demonstration Center for Novice
Interpreters and Baccalaureate Degree ASL-English Interpretation
Programs (Center) and expectations for implementation. We are
particularly interested in your feedback on the following questions:
Are the proposed required project activities appropriate?
Are there any additional project activities beyond those included in
the proposed priority that should be considered? For example, are there
any specific activities that may be strongly associated with long-term
success for ASL-English interpreters that we have not included? If so,
please specify what additional activities should be required and why.
[[Page 20269]]
Under the Training Activities section of the proposed
priority, we proposed a team of individuals to work with novice
interpreters. Are the proposed roles for interpreter advisors and
trained mentors clear and appropriate? Should the roles and
responsibilities of the interpreter advisor and mentor be changed or
combined? In your experience, how might qualified interpreters work
with novice interpreters differently than trained mentors? Should these
roles be more or less prescriptive than what we have outlined in the
proposed priority?
In the proposed priority, the Center is expected to plan
and design the curriculum, develop training modules, and implement a
pilot experiential learning program within the first two years of the
grant period. Is this timeline reasonable? If not, what timeline should
be required for these expected project deliverables?
In addition to national certification, such as, for
example, the Registry of Interpreters for the Deaf (RID) National
Interpreter Certification (NIC) tests, what measures for assessing the
improvement in a novice interpreter's skills should be required?
How many cohorts should be required to complete the
experiential learning program within the five-year project period?
Should the Department require a certain number of novice interpreters
per cohort, and, if so, how many?
Beyond requiring a logic model and a project evaluation,
are there any unique or additional strategies to ensure that the
program evaluation framework is infused throughout the planning,
designing, and implementation of the experiential learning curriculum
that the Department should include? If so, please specify.
During and after the comment period, you may inspect all public
comments about this proposed priority by accessing Regulations.gov. You
may also inspect the comments in room 5062, 550 12th Street SW., PCP,
Washington, DC 20202-5076, between the hours of 8:30 a.m. and 4:00
p.m., Washington, DC time, Monday through Friday of each week except
Federal holidays. Please contact the person listed under FOR FURTHER
INFORMATION CONTACT.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request, we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this notice. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
Purpose of Program: 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 public and private nonprofit agencies and
organizations, including institutions of higher education, to establish
interpreter training programs or to provide financial assistance for
ongoing interpreter training programs to train a sufficient number of
qualified interpreters throughout the country. The grants are designed
to train interpreters to effectively interpret and transliterate using
spoken, visual, and tactile modes of communication; ensure the
maintenance of the interpreting skills of qualified interpreters; and
provide opportunities for interpreters to improve their skills in order
to meet both the highest standards approved by certifying associations
and the communication needs of individuals who are deaf or hard of
hearing and individuals who are deaf-blind.
Program Authority: 29 U.S.C. 772(a) and (f).
Applicable Program Regulations: 34 CFR part 396.
Proposed Priority:
This notice contains one proposed priority.
Experiential Learning Model Demonstration Center for Novice
Interpreters and Baccalaureate Degree ASL-English Interpretation
Programs.
Background:
Over the last 20 years, the fields of interpreting and interpreter
training have changed significantly in response to the evolving needs
of deaf \1\ children and adults in the United States, which include
deaf consumers of the Vocational Rehabilitation (VR) system. The need
for interpreting services continues to exceed the available supply of
qualified interpreters.
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\1\ As used in this notice, the word ``deaf'' refers to (1)
`deaf' and `Deaf' people, i.e. to the condition of deafness; (2) to
`deaf, hard of hearing, and Deaf-Blind'; and (3) to individuals who
are culturally Deaf and who use American Sign Language (ASL).
``Deaf'' refers only to the third group.
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Interpreters must be qualified to work with both individuals with a
range of linguistic competencies from a variety of cultural backgrounds
and individuals with disabilities. For example, the first language of
many deaf individuals is either spoken English or a foreign spoken
language, and their second language is ASL. This is, in part, a result
of advances in medical treatments, such as an increase in the early
detection and intervention of hearing loss in newborns and an increase
in the use of cochlear implants. In addition, deaf individuals who have
co-occurring disabilities (including co-occurring disabilities that
affect speech and language skills, upper extremity motor coordination,
and cognition) likely require specialized supports to experience
linguistic and communication access to the general environment. Further
still, there are an increasing number of deaf individuals from minority
and immigrant communities who have unique characteristics related to
culture, language, family structure, income and socioeconomic
background, and refugee experience, as well as complex and diverse
communication needs (Cogen and Cokely). These shifts in how deaf
individuals acquire and use language make the task of interpreting more
difficult.
In addition, expanding requirements in video relay interpreting and
video remote interpreting, the establishment of new ``national''
standards and credentials for interpreters to work in specific settings
(e.g., interpreting in mental health and legal settings), and the
development of State-specific licensure, certification, registration,
or other requirements (e.g., background and criminal checks to work in
certain facilities) all have put a strain on the availability of
qualified interpreters.
Finally, interpreters need additional education, training, and
experience in order to meet certification standards. For example, in
July 2012, a precondition was added for candidates sitting for RID
National Interpreter Certification Test requiring them to have, at a
minimum, a baccalaureate degree in any field or major, or a
demonstrated educational equivalency, before being permitted to take
the examination.
In 2014, RID awarded 280 new credentials, and of those, 186
represented the NIC. RID reported an 87 percent pass rate for the
knowledge exam but only a 26 percent pass rate for the performance
exam. This problem is exacerbated by the length of time between
graduating from an ASL-English Interpretation program and achieving
national certification. On average, the length of time is 19-24 months
(Cogen and Cokely, 2015). This could be longer if a candidate does not
initially pass the NIC exam, due to a mandatory six-month waiting
period before a candidate is eligible to retest.
Many graduates find work within six months to one year of
graduation, but in most cases, these interpreting assignments are too
complex and are therefore inappropriate for their skill
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levels. These situations provide little or no opportunities for support
and professional growth. Additional education, training, and experience
are needed for novice interpreters to bridge this graduation-to-
credential gap and to gain sufficient skills to interpret effectively.
In sum, the pool of qualified interpreters is insufficient to meet
the needs of deaf consumers in the United States. To address this
problem, the Assistant Secretary proposes a priority to establish a
model demonstration center to better prepare novice interpreters to
become nationally certified sign language interpreters.
Interpreters must also be able to understand and communicate
proficiently using technical vocabulary and highly specialized
discourse in a variety of complex subject matters in both English and
ASL. Training, even for experienced interpreters, in specialized
settings is needed, and for this reason, we are publishing a notice of
proposed priority focusing on interpreter training in specialized areas
elsewhere in this issue of the Federal Register.
References:
Cogen, Cathy, M.Ed., and Cokely, Dennis, Ph.D., ``Preparing
Interpreters for Tomorrow: Report on a Study of Emerging Trends in
Interpreting and Implications for Interpreter Education'' (National
Interpreter Education Center at Northeastern University, January
2015). Registry of Interpreters for the Deaf ``Fiscal Year 2014
Annual Report'' available at www.rid.org/2014-annual-report/#certification
Proposed Priority:
The purpose of this priority is to fund a cooperative agreement for
the establishment of a model demonstration center (Center) to: (1)
Develop an experiential learning program that could be implemented
through baccalaureate degree ASL-English programs or through partner
organizations, such as community-based organizations, advocacy
organizations, or commissions for the Deaf or deaf-blind that work with
baccalaureate degree ASL-English programs to provide work experiences
and mentoring; (2) pilot the experiential learning program in three
baccalaureate degree ASL-English programs or partner organizations and
evaluate the results; and (3) disseminate practices that are promising
or supported by evidence, examples, and lessons learned.
The Center must be designed to achieve, at a minimum, the following
outcomes:
(a) Increase the number of certified interpreters.
(b) Reduce the average length of time it takes for novice
interpreters to become nationally certified after graduating from
baccalaureate degree ASL-English interpretation programs; and
(c) Increase the average number of hours that novice interpreters,
through the experiential learning program, interact with and learn from
the local deaf community.
Project Activities
To meet the requirements of this priority, the Center must, at a
minimum, conduct the following activities:
Establish a consortium
(a) The applicant must establish a consortium of training and
technical assistance (TA) providers or use an existing network of
providers to design and implement a model experiential learning
program. An eligible consortium must be comprised of a designated lead
entity that operates a baccalaureate degree ASL-English interpretation
program that is recognized and accredited by CCIE; and
(b) Members of the consortium must be staffed by or have access to
experienced and certified interpreters, interpreter educators, and
trained mentors with capability in providing feedback and guidance to
novice interpreters, and in serving as language models; and who are
geographically dispersed across the country, including the territories,
or are able to provide training, TA, and mentoring remotely to broad
sections of the country.
Training Activities
(a) In years one and two, design and implement an experiential
learning program that is based upon promising and best practices or
modules in the preparation of novice interpreters to become certified
interpreters. The program design must, at a minimum:
(1) Ensure that all activities are offered at no-cost to
participants during the program.
(2) Include a team comprised of native language users, qualified
interpreters, and trained mentors to partner with novice interpreters
during and after successful completion of the experiential learning
program. Roles for team members must include but are not limited to:
(i) Native language users who will serve as language models;
(ii) Qualified interpreters who will act in an advisory role by
observing, providing feedback, and discussing the novice interpreter's
ability to accurately interpret spoken English into ASL and ASL into
spoken English in a variety of situations for a range of consumers; and
(iii) Provide mentoring to novice interpreters, as needed. This may
include one-on-one instruction to address specific areas identified by
the advisor as needing further practice, as well as offering tools,
resources, and guidance to novice interpreters to prepare them for
potential challenges they may encounter as they grow and advance in the
profession. One-on-one instruction may address, but is not limited to,
meaning transfer (e.g., accurately providing an equivalent message and/
or appropriately handling register), ethical behavior, meeting the
consumer's linguistic preference, managing the flow of information
(e.g., pace, density, turn-taking), and other related aspects of the
interpreting task.
(3) Provide multiple learning opportunities, such as an internship
with a community program, mentoring, and intensive site-specific work.
Intensive site-specific work may task a novice interpreter, under close
direction from the advisor interpreter, with providing interpreting
services to deaf individuals employed at a work site, or to deaf
students taking courses at college or enrolled in an apprenticeship
program. Other learning modalities may be proposed and must include
adequate justification.
(4) Emphasize innovative instructional delivery methods, such as
distance learning or block scheduling (i.e., a type of academic
scheduling that offers students fewer classes per day for longer
periods of time) that would allow novice interpreters to more easily
participate in the program (i.e., participants who need to work while
in the program, have child care or elder care considerations, or live
in geographically isolated areas);
(5) Provide experiential learning that engages novice interpreters
with different learning styles;
(6) Provide interpreting experiences with a variety of deaf
consumers who have different linguistic and communication needs and
preferences, and are located in different settings, including VR
settings (e.g., VR counseling, assessments, job-related services,
training, pre-employment transition services, transition services,
post-employment services, etc.), American Job Centers, and other
relevant workforce partner locations;
(7) Require novice interpreters to observe, discuss, and reflect on
the work of the advisor interpreter;
(8) Require novice interpreters to interpret in increasingly more
complex and demanding situations. The advisor interpreter must provide
written and
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oral feedback that includes strengths and areas of improvement, as well
as a discussion with the novice interpreter about interpretation
options, ethical behavior, and how best to meet the communication needs
of a particular consumer; and
(b) Pilot the experiential learning program in a single site by
year two and expand to additional sites beginning in year three.
Applicants must:
(1) Identify at least three existing baccalaureate degree ASL-
English interpretation programs to serve as the pilot sites. The
baccalaureate programs must use a curriculum design that is based upon
current best practices in the ASL-English Interpreter Education
profession;
(2) Identify cohorts for each pilot site and provide a plan to
ensure that at least one cohort is completed in each pilot site prior
to the end of the project period. The cohorts must comprise graduates
from baccalaureate degree ASL-English interpretation programs who are
preparing for, or have not passed, the NIC knowledge and performance
exams and who intend to work as interpreters. Applicants may determine
the number of cohorts for each pilot site as well as the number of
participants in each cohort;
(3) Establish additional criteria for selection in the program.
This may include, but is not limited to, submission of an application,
relevant assessments, interviews with prospective participants, and
recommendations from faculty at baccalaureate degree ASL-English
interpretation programs;
(c) Conduct a formative and summative evaluation. At a minimum,
this must include:
(1) An assessment of participant outcomes from each cohort that
includes, at a minimum, level of knowledge and practical skill levels
using pre- and post-assessments; feedback from novice interpreters,
from interpreter advisors, including written feedback from observed
interpreting situations, from deaf consumers, from trained mentors,
including written feedback from mentoring sessions, and from others, as
appropriate;
(2) Clear and specific measureable outcomes that include, but are
not limited to:
(i) Improvement in specific linguistic competencies, as identified
by the applicant, in English and ASL;
(ii) Improvement in specific competencies, as identified by the
applicant, in ASL-English interpretation;
(iii) Outcomes in achieving national certification; and
(iv) The length of time for novice interpreters to become
nationally certified sign language interpreters after participating in
this project compared to the national average of 19-24 months.
Technical Assistance and Dissemination Activities
Conduct TA and dissemination activities that must include:
(a) Preparing and broadly disseminating TA materials related to
practices that are promising or supported by evidence and successful
strategies for working with novice interpreters;
(b) Establishing 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 Center must meet government-
and industry-recognized standards for accessibility, including
section 508 of the Rehabilitation Act.
(c) Developing and maintaining a state-of-the-art archiving and
dissemination system that--
(1) Provides a central location for later use of TA products,
including curricula, audiovisual materials, Webinars, examples of
practices that are promising or supported by evidence, and any other
relevant TA products; and
(2) Is open and available to the public.
(d) Provides a minimum of two Webinars or video conferences over
the course of the project to describe and disseminate information to
the field about results, challenges, solutions, and practices that are
promising or supported by evidence.
Note: In meeting the requirements for paragraphs (a), (b), and
(c) of this section, the Center either may develop new platforms or
systems or may modify existing platforms or systems, so long as the
requirements of this priority are met.
Coordination Activities
(a) Establish an advisory committee. To effectively implement the
Training Activities section of this priority, the applicant must
establish an advisory committee that meets at least semi-annually. The
advisory committee must include representation from all affected
stakeholder groups (i.e., interpreters, interpreter training programs,
deaf individuals, and VR agencies) and may include other relevant
groups. The advisory committee will advise on the strategies for
establishing sites to pilot the experiential learning program, the
approaches to the experiential learning program, modifications to
experiential learning activities, TA, sustainability planning,
evaluating the effectiveness of the program, as well as other relevant
areas as determined by the consortium.
(b) Establish one or more communities of practice \2\ that focus on
project activities in this priority and that act as vehicles for
communication and exchange of information among participants in the
experiential learning program, as well as other relevant stakeholders;
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\2\ A community of practice (CoP) is a group of people who work
together to solve a persistent problem or to improve practice in an
area that is important to them and who deepen their knowledge and
expertise by interacting on an ongoing basis. CoPs exist in many
forms, some large in scale that deal with complex problems, others
small in scale that focus on a problem at a very specific level. For
more information on communities of practice, see: www.tadnet.org/pages/510.
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(c) Communicate, collaborate, and coordinate, on an ongoing basis,
with other relevant Department-funded projects, as applicable; and
(d) Maintain ongoing communication with the RSA project officer and
other RSA staff as required.
Application Requirements
To be funded under this priority, applicants must meet the
application requirements in this priority. RSA encourages innovative
approaches to meet the following requirements:
(a) Demonstrate, in the narrative section of the application under
``Significance of the Project,'' how the proposed project will address
the need for nationally certified sign language interpreters. To meet
this requirement, the applicant must:
(1) Demonstrate knowledge of English/ASL competencies that novice
interpreters must possess in order to enter and to complete an
experiential learning program and, at the end of the program, to
successfully obtain national certification;
(2) Demonstrate knowledge of practices that are promising or
supported by evidence in training novice interpreters; and
(3) Demonstrate knowledge of practices that are promising or
supported by evidence in providing experiential learning.
(b) Demonstrate, in the narrative section of the application under
``Quality of Project Services,'' how the proposed project will--
(1) Ensure equal access and treatment for members of groups that
have historically been underrepresented based on race, color, national
origin, gender, age, or disability in accessing postsecondary education
and training.
(2) Identify the needs of intended recipients of training; and
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(3) Ensure that project activities and products meet the needs of
the intended recipients by creating materials in formats and languages
that are accessible;
(4) Achieve its goals, objectives, and intended outcomes. To meet
this requirement, the applicant must identify and provide--
(i) Measurable intended project outcomes;
(ii) Evidence of an existing Memorandum of Understanding or a
Letter of Intent between the Center and proposed training and TA
providers to establish a consortium that includes a description of each
proposed partner's anticipated commitment of financial or in-kind
resources (if any), how each proposed provider's current and proposed
activities align with those of the proposed project, how each proposed
provider will be held accountable under the proposed structure, and
evidence to demonstrate a working relationship between the applicant
and its proposed partners and key stakeholders and other relevant
groups; and
(iii) A plan for communicating, collaborating, and coordinating
with an advisory committee; key staff in State VR agencies, such as
State Coordinators for the Deaf; State and local partner programs;
Registry of Interpreters for the Deaf, Inc.; RSA partners, such as the
Council of State Administrators of Vocational Rehabilitation, the
National Council of State Agencies for the Blind; and relevant programs
within the Office of Special Education and Rehabilitative Services
(OSERS).
(3) Use a conceptual framework to design experiential learning
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.
(4) Be based on current research and make use of practices that are
promising or supported by evidence. To meet this requirement, the
applicant must describe--
(i) How the current research about adult learning principles and
implementation science will inform the proposed TA; and
(ii) How the proposed project will incorporate current research and
practices that are promising or supported by evidence in the
development and delivery of its products and services.
(5) 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 its proposed activities to identify or develop the
knowledge base for practices that are promising or supported by
evidence in experiential learning for novice interpreters;
(6) 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) In the narrative section of the application under ``Quality of
the Evaluation Plan,'' include an evaluation plan for the project. To
address this requirement, the applicant must describe--
(1) Evaluation methodologies, including instruments, data
collection methods, and analyses that will be used to evaluate the
project;
(2) Measures of progress in implementation, including the extent to
which the project's activities and products have reached their target
populations; intended outcomes or results of the project's activities
in order to evaluate those activities; and how well the goals and
objectives of the proposed project, as described in its logic model,\3\
have been met;
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\3\ A logic model communicates how the project will achieve its
intended outcomes and provides a framework for both the formative
and summative evaluations of the project.
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(3) How the evaluation plan will be implemented and revised, as
needed, during the project. The applicant must designate at least one
individual with sufficient dedicated time, experience in evaluation,
and knowledge of the project to support the design and implementation
of the evaluation. Tasks may include, but are not limited to,
coordinating with the advisory committee and RSA to revise the logic
model to provide for a more comprehensive measurement of implementation
and outcomes, to reflect any changes or clarifications to the logic
model discussed at the kick-off meeting, and to revise the evaluation
design and instrumentation proposed in the grant application consistent
with the logic model (e.g., developing quantitative or qualitative data
collections that permit both the collection of progress data and the
assessment of project outcomes);
(4) The standards and targets for determining effectiveness;
(5) How evaluation results will be used to examine the
effectiveness of implementation and progress toward achieving the
intended outcomes; and
(6) How the methods of evaluation will produce quantitative and
qualitative data that demonstrate whether the project 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
experiential learning to novice interpreters 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
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 the advisory committee, as well as other
relevant groups in its development and operation.
(f) Address the following application requirements. The applicant
must--
(1) Include, in Appendix A, a logic model that depicts, at a
minimum, the
[[Page 20273]]
goals, activities, outputs, and intended outcomes of the proposed
project;
(2) Include, in Appendix A, a Memorandum of Understanding or a
Letter of Intent between the Center and the proposed training and TA
providers;
(3) Include, in Appendix A, a conceptual framework for the project;
(4) Include, in Appendix A, person-loading charts and timelines as
applicable, to illustrate the management plan described in the
narrative;
(5) Include, in the budget, attendance at the following:
(i) A one and one-half day kick-off meeting in Washington, DC,
after receipt of the award;
(ii) An annual planning meeting in Washington, DC, with the RSA
project officer and other relevant RSA staff during each subsequent
year of the project period; and
(iii) A one-day intensive review meeting in Washington, DC, during
the third quarter of the third year of the project period.
Types of Priorities:
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Final priority: We will announce the final priority in a notice in
the Federal Register. We will determine the final priority after
considering responses to this notice and other information available to
the Department. This notice does not preclude us from proposing
additional priorities, requirements, definitions, or selection
criteria, subject to meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use this priority, we invite applications through
a notice in the Federal Register.
Paperwork Reduction Act of 1995
As part of its continuing effort to reduce paperwork and respondent
burden, the Department provides the general public and Federal agencies
with an opportunity to comment on proposed and continuing collections
of information in accordance with the Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3506(c)(2)(A)). This helps ensure that: the public
understands the Department's collection instructions, respondents can
provide the requested data in the desired format, reporting burden
(time and financial resources) is minimized, collection instruments are
clearly understood, and the Department can properly assess the impact
of collection requirements on respondents.
These proposed priorities contain information collection
requirements that are approved by OMB under the National Interpreter
Education program 1820-0018; this proposed regulation does not affect
the currently approved data collection.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Secretary must determine whether
this regulatory action is ``significant'' and, therefore, subject to
the requirements of the Executive order and subject to review by the
Office of Management and Budget (OMB). Section 3(f) of Executive Order
12866 defines a ``significant regulatory action'' as an action likely
to result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local, or
tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This proposed regulatory action is not a significant regulatory
action subject to review by OMB under section 3(f) of Executive Order
12866.
We have also reviewed this proposed 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 would 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 proposed priority only on a reasoned
determination that its benefits justify its costs. In choosing among
alternative regulatory approaches, we selected those approaches that
would 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 would not
unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory
[[Page 20274]]
requirements and those we have determined as necessary for
administering the Department's programs and activities.
Through this priority, experiential learning and TA will be
provided to novice interpreters in order for them to achieve national
certification. These activities will help interpreters to more
effectively meet the communication needs of individuals who are deaf or
hard of hearing and individuals who are Deaf-Blind. The training
ultimately will improve the quality of VR services and the competitive
integrated employment outcomes achieved by individuals with
disabilities. This priority would promote the efficient and effective
use of Federal funds.
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 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: April 1, 2016.
Michael K. Yudin,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2016-07933 Filed 4-6-16; 8:45 am]
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