[Federal Register Volume 75, Number 130 (Thursday, July 8, 2010)]
[Notices]
[Pages 39220-39224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16681]


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DEPARTMENT OF EDUCATION


National Institute on Disability and Rehabilitation Research 
(NIDRR)--Disability and Rehabilitation Research Projects and Centers 
Program--Rehabilitation Research and Training Centers (RRTCs)--
Effective Vocational Rehabilitation (VR) Service Delivery Practices

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Notice of final priority.

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    Catalog of Federal Domestic Assistance (CFDA) Number: 84.133B-8.
SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services announces a priority for the Disability and 
Rehabilitation Research Projects and Centers Program administered by 
NIDRR. Specifically, this notice announces a priority for an RRTC on 
Effective Vocational Rehabilitation (VR) Service Delivery Practices. 
The Assistant Secretary may use this priority for competitions in 
fiscal year (FY) 2010 and later years. We take this action to focus 
research attention on areas of national need. We intend this priority 
to improve rehabilitation services and outcomes for individuals with 
disabilities.

DATES: Effective Date: This priority is effective August 9, 2010.

FOR FURTHER INFORMATION CONTACT: Marlene Spencer, U.S. Department of

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Education, 400 Maryland Avenue, SW., Room 5133, Potomac Center Plaza 
(PCP), Washington, DC 20202-2700. Telephone: (202) 245-7532 or by e-
mail: [email protected].
    If you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service (FRS), toll free, at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: This notice of final priority is in concert 
with NIDRR's Final Long-Range Plan for FY 2005-2009 (Plan). The Plan, 
which was published in the Federal Register on February 15, 2006 (71 FR 
8165), can be accessed on the Internet at the following site: http://www.ed.gov/about/offices/list/osers/nidrr/policy.html.
    Through the implementation of the Plan, NIDRR seeks to: (1) Improve 
the quality and utility of disability and rehabilitation research; (2) 
foster an exchange of expertise, information, and training to 
facilitate the advancement of knowledge and understanding of the unique 
needs of traditionally underserved populations; (3) determine best 
strategies and programs to improve rehabilitation outcomes for 
underserved populations; (4) identify research gaps; (5) identify 
mechanisms of integrating research and practice; and (6) disseminate 
findings.
    Purpose of Program: The purpose of the Disability and 
Rehabilitation Research Projects and Centers Program is to plan and 
conduct research, demonstration projects, training, and related 
activities, including international activities, to develop methods, 
procedures, and rehabilitation technology, that maximize the full 
inclusion and integration into society, employment, independent living, 
family support, and economic and social self-sufficiency of individuals 
with disabilities, especially individuals with the most severe 
disabilities, and to improve the effectiveness of services authorized 
under the Rehabilitation Act of 1973, as amended (Rehabilitation Act) 
(29 U.S.C. 701 et seq.).

RRTC Program

    The purpose of the RRTC program is to improve the effectiveness of 
services authorized under the Rehabilitation Act through advanced 
research, training, technical assistance, and dissemination activities 
in general problem areas, as specified by NIDRR. Such activities are 
designed to benefit rehabilitation service providers, individuals with 
disabilities, and the family members or other authorized 
representatives of individuals with disabilities. In addition, NIDRR 
intends to require all RRTC applicants to meet the requirements of the 
General Rehabilitation Research and Training Centers (RRTC) 
Requirements priority that it published in a notice of final priorities 
in the Federal Register on February 1, 2008 (73 FR 6132). Additional 
information on the RRTC program can be found at: http://www.ed.gov/rschstat/research/pubs/res-program.html#RRTC.

Statutory and Regulatory Requirements of RRTCs

    RRTCs must--
     Carry out coordinated advanced programs of rehabilitation 
research;
     Provide training, including graduate, pre-service, and in-
service training, to help rehabilitation personnel more effectively 
provide rehabilitation services to individuals with disabilities;
     Provide technical assistance to individuals with 
disabilities, their representatives, providers, and other interested 
parties;
     Disseminate informational materials to individuals with 
disabilities, their representatives, providers, and other interested 
parties; and
     Serve as centers of national excellence in rehabilitation 
research for individuals with disabilities, their representatives, 
providers, and other interested parties.
    Applicants for RRTC grants must also demonstrate in their 
applications how they will address, in whole or in part, the needs of 
individuals with disabilities from minority backgrounds.

    Program Authority: 29 U.S.C. 762(g) and 764(b)(2).

    Applicable Program Regulations: 34 CFR part 350.
    We published a notice of proposed priority (NPP) for NIDRR's 
Disability and Rehabilitation Research Projects and Centers Program in 
the Federal Register on May 14, 2010 (75 FR 27328). The NPP included a 
background statement that described our rationale for the priority 
proposed in that notice.
    There are differences between the NPP and this notice of final 
priority (NFP) as discussed in the following section.
    Public Comment: In response to our invitation in the NPP, five 
parties submitted comments on the proposed priority. An analysis of the 
comments and of any changes in the priority since publication of the 
NPP follows.
    Generally, we do not address technical and other minor changes, or 
suggested changes the law does not authorize us to make under the 
applicable statutory authority. In addition, we do not address general 
comments that raised concerns not directly related to the proposed 
priority.

Analysis of Comments and Changes

    Comment: Two commenters suggested that the required activities 
under paragraph (a) of the priority would take longer than the six 
months that is allowed in the priority. These commenters suggested 
allowing at least a year for grantees to complete these activities.
    Discussion: The required activities under paragraph (a) of the 
priority are intended to help grantees identify State VR programs with 
high employment outcome rates and promising VR service delivery 
practices. The Rehabilitation Services Administration (RSA) data to be 
analyzed under paragraph (a) are readily available, and we believe that 
the gathering of input from VR personnel and other stakeholders can be 
completed within the first six months of the cooperative agreement.
    Changes: None.
    Comment: In reference to the requirements under paragraph (a) of 
the priority, one commenter asked how NIDRR defines ``systematically 
gathering input.''
    Discussion: The goal of this input-gathering activity is to help 
identify promising practices that are associated with high rates of 
employment outcomes. Toward that end, applicants must propose and 
justify the methods that they will use to gather input from VR 
personnel and other stakeholders in a consistent and orderly manner. 
NIDRR believes that specifying the methods an applicant must use would 
be unnecessarily restrictive, and, therefore, is not identifying 
specific methods for meeting this requirement.
    Changes: None.
    Comment: With respect to the activities required under paragraph 
(b) of the priority, one commenter suggested that two to three in-depth 
case studies would not capture the variation in the size of VR programs 
or the regional variations that exist in VR programs across the U.S. 
This commenter suggested that more case studies would capture data that 
are more representative of VR agencies across the country.
    Discussion: The purpose of the case studies is not to build a body 
of knowledge about VR programs that is representative of programs from 
around the country. Rather, the stated outcome goal for these in-depth 
case studies is improved knowledge of specific VR service delivery 
practices that have strong potential for improving employment outcomes 
for VR clients. This improved knowledge will help

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provide a basis for the testing of VR service delivery practices 
required under paragraph (c) of the priority.
    Changes: None.
    Comment: One commenter suggested that the RRTC develop a 
clearinghouse from which policymakers, researchers, and advocates could 
learn about successful VR services, techniques, programs, or 
approaches. This commenter suggested that such a clearinghouse could 
facilitate the replication of successful practices and policies 
identified by the RRTC.
    Discussion: Paragraph (d) of the priority seeks to enhance the 
likelihood that effective practices identified by the RRTC will be 
adopted and used in VR settings. Under this paragraph, the RRTC is 
required to develop implementation strategies and tools that will 
facilitate the use of effective practices identified by the RRTC. There 
is a wide variety of strategies or tools that could be implemented to 
facilitate the use of findings, including the use of clearinghouses. 
NIDRR believes, however, that specifying the implementation strategies 
or tools an applicant must use would be unnecessarily restrictive, and 
therefore, NIDRR is not identifying such tools or strategies in the 
priority. Accordingly, applicants must specify the tools and 
implementation strategies that they will use to fulfill the 
requirements of paragraph (d) of the priority.
    Changes: None.
    Comment: One commenter noted that the in-depth case studies that 
are required under paragraph (b) of the priority to be completed by the 
end of the second year of the cooperative agreement could be completed 
in six months. This commenter also stated that the more extensive 
testing of practices under paragraph (c) of the priority would take at 
least 24 to 36 months and suggested that these activities should begin 
late in the second year of the RRTC.
    Discussion: The commenter's suggestions regarding the timing of 
activities in paragraph (b) are within the timeline constraints of the 
priority and the project period of 60 months for grants under this 
program. Applicants are free to specify in their applications the 
timelines for conducting the required activities, so long as the 
activities required under paragraph (a) of the priority are completed 
within the first six months of the cooperative agreement and the 
activities required under paragraph (b) of the priority are completed 
within the first two years of the cooperative agreement. While certain 
applicants may be able to complete the activities required under 
paragraph (b) within six months, we do not have information that 
indicates that all applicants could do so and therefore decline to 
shorten that time period. With respect to the testing required under 
paragraph (c) of the priority, we do not believe it is necessary to 
specify a beginning date for these activities. Under paragraph (b) of 
the priority, a grantee will need to complete its identification of the 
practices to be tested by the end of year two of the cooperative 
agreement. We expect that a grantee will begin the testing required 
under paragraph (c) shortly after that process is complete.
    Changes: None.
    Comment: Two commenters asked about the specificity with which 
NIDRR uses the term ``service delivery practice.'' One commenter asked 
whether the term ``practice'' includes VR program management practices 
such as State agency partnerships, service funding arrangements, or VR 
staff capacity-building efforts. Another commenter suggested that the 
term ``practice'' reference VR program management practices, including 
staff development systems and administrative policies.
    Discussion: The opening paragraph of this priority states that the 
RRTC must focus on the delivery of VR services that are authorized in 
the Rehabilitation Act. For the purposes of this priority, VR service 
delivery practices do not include VR management practices, 
administrative policies, staff development programs, or other practices 
that do not directly involve the delivery of services to VR clients.
    Changes: None.
    Comment: Three commenters asked about NIDRR's use of the term 
``test'' in paragraph (c) of the priority. One commenter asked whether 
NIDRR's use of the term requires research that would lead to cause and 
effect assertions about VR practices. Another commenter noted that 
randomized clinical trials are an unrealistic means of testing 
practices under this priority, as such trials require more time and 
resources than are available to an RRTC. A third commenter, drawing a 
distinction between testing and evaluation, suggested that NIDRR add 
language that would allow the RRTC to rigorously test or evaluate 
practices under this paragraph.
    Discussion: Nothing in the priority either precludes or requires 
the use of randomized experimental trials of VR service delivery 
practices. The word ``test'' in this priority is used to describe 
research activities that can begin to determine the effectiveness of 
specific VR service delivery practices. Applicants are free to choose 
experimental, quasi-experimental, case-control, or other applicable 
research designs that are appropriate for an initial determination 
about the effectiveness of VR service delivery practices identified 
under paragraphs (a) and (b) of the priority. Because we are using the 
term broadly, we agree with the commenter's suggestion to add the term 
``evaluate'' to the language in paragraph (c) of the priority in order 
to clarify our meaning.
    Changes: NIDRR has revised paragraph (c) of the priority to require 
the RRTC to test or evaluate the service delivery practices identified 
under paragraphs (a) and (b) of the priority.
    Comment: In reference to the requirement that the RRTC test at 
least one intervention in each of the case study sites described in 
paragraph (b) of the priority, one commenter stated that the case study 
sites may not be the best sites in which to test the service delivery 
practices. This commenter noted a number of factors that must be 
considered in determining the suitability of a site for testing 
specific service delivery practices. This commenter suggested that the 
RRTC be allowed to work with NIDRR and RSA to determine the sites in 
which practices would be tested.
    Discussion: NIDRR agrees with this commenter's assertion that the 
case study sites might not be the best sites for testing VR service 
delivery practices.
    Changes: NIDRR has removed the requirement that practices be tested 
at the sites in which the case studies were conducted. NIDRR has also 
revised the priority to require the RRTC to test service delivery 
practices identified under paragraph (b) of this priority in at least 
two sites that will be chosen in conjunction with NIDRR and RSA.
    Comment: One commenter asked whether NIDRR is interested either in 
practices that are uniquely developed to assist specific subpopulations 
of VR clients or in practices developed for a broader client base that 
can be demonstrated to work with particular subpopulations.
    Discussion: NIDRR does not specify in the priority whether it seeks 
research either in practices that have been developed for specific VR 
subpopulations or in practices developed for the broader client base. 
Accordingly, an applicant may include either research approach in its 
proposal. NIDRR anticipates that decisions about the specific practices 
to be tested under paragraph (c) of the priority will be driven by the 
findings of the research activities conducted under paragraphs (a) and 
(b) of the priority.

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    Changes: None.
    Comment: One commenter asked NIDRR for clarification regarding the 
term ``intervention'' in paragraph (c) of the priority.
    Discussion: In the context of this priority, NIDRR uses the term 
``intervention'' to mean VR service delivery practices.
    Changes: To avoid confusion, NIDRR has revised paragraph (c) of the 
priority to eliminate use of the term ``intervention.''
    Final Priority: The Assistant Secretary for Special Education and 
Rehabilitative Services announces a priority for a Rehabilitation 
Research and Training Center (RRTC) on Effective Vocational 
Rehabilitation (VR) Service Delivery Practices. This RRTC must conduct 
research that contributes to new knowledge of VR service delivery 
practices that produce high-quality employment outcomes for VR 
customers. This RRTC will contribute to improved employment outcomes by 
generating new knowledge about effective practices that can be used by 
State VR agencies in serving their customers. This RRTC must focus on 
the delivery of VR services that are authorized in the Rehabilitation 
Act of 1973, as amended (Rehabilitation Act) (29 U.S.C. 701 et seq.). 
NIDRR will fund this research effort as a cooperative agreement in 
order to ensure close interaction between the grantee and staff from 
NIDRR and the Rehabilitation Services Administration (RSA).
    Under this priority, the RRTC must contribute to the following 
outcomes:
    (a) Increased knowledge of the variations among State VR agencies 
in achieving quality employment outcomes, including but not limited to 
wages and hours of work, for subpopulations of individuals with 
significant disabilities, as defined in the Rehabilitation Act (29 
U.S.C. 705(21)(A) and (D)), who have lower than average employment 
outcomes rates, wages, and hours of work. The RRTC must contribute to 
this outcome by analyzing relevant RSA datasets that provide 
information on the outcomes of these subpopulations of individuals with 
significant disabilities and by systematically gathering input from VR 
counselors and administrators, RSA staff, VR customers, and community 
rehabilitation programs. This analysis will help to identify promising 
practices by identifying agencies that demonstrate statistically better 
than average employment outcome rates and quality employment outcomes 
for these subpopulations of VR customers. The RRTC must complete this 
work within six months of award of the cooperative agreement.
    (b) Improved knowledge of specific VR service delivery practices 
that have strong potential for improving employment outcomes for the 
subpopulations of VR customers identified in paragraph (a) of this 
priority. The RRTC must contribute to this outcome by conducting in-
depth case studies of VR agencies where data demonstrate quality 
employment outcomes that are statistically better than average for the 
subpopulations of VR customers identified in paragraph (a) above 
compared to VR agencies that demonstrate average employment outcomes 
for the same subpopulations. NIDRR and RSA staff must approve the 
topics for the case studies and the agencies that will serve as sites 
for these studies. The applicant must budget to conduct two to three 
in-depth case studies. These case studies must identify the elements of 
the promising practices, the barriers to and facilitators of the 
implementation of the practices, and the outcomes of the practices. The 
RRTC must complete this work by the end of year two of the cooperative 
agreement.
    (c) New knowledge of VR service delivery practices that are 
effective in producing high-quality employment outcomes for VR 
customers, especially those identified in paragraph (a) of this 
priority. The RRTC must contribute to this outcome by conducting 
research that rigorously tests or evaluates promising service delivery 
practices identified in paragraph (b) of this priority. The RRTC will 
work with NIDRR and RSA to identify at least two appropriate sites for 
testing the service delivery practice(s).
    (d) Enhanced likelihood of adoption of service delivery practices 
that demonstrate effectiveness as described in paragraph (c) of this 
priority. The RRTC must contribute to this outcome by developing 
implementation strategies and tools that will facilitate introduction 
and use of newly identified effective practices in other VR settings.
    In addition, through coordination with the NIDRR Project Officer, 
this RRTC must--
     Collaborate with existing RSA grantees, including Regional 
Technical Assistance and Continuing Education (TACE) Centers, RSA's 
Technical Assistance Network, and RSA's National Technical Assistance 
Coordinator to disseminate new knowledge to key stakeholders; and
     Collaborate with existing NIDRR grantees, including the 
RRTC on VR, the Center on Effective Delivery of Rehabilitation 
Technology by VR Agencies, and the Research and Technical Assistance 
Center on VR Program Management.
    Types of Priorities: When inviting applications for a competition 
using one or more priorities, we designate the type of each priority as 
absolute, competitive preference, or invitational through a notice in 
the Federal Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    This notice does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.

    Note: This notice does not solicit applications. In any year in 
which we choose to use this priority, we invite applications through 
a notice in the Federal Register.

    Executive Order 12866: This notice has been reviewed in accordance 
with Executive Order 12866. Under the terms of the order, we have 
assessed the potential costs and benefits of this final regulatory 
action.
    The potential costs associated with this final regulatory action 
are those resulting from statutory requirements and those we have 
determined as necessary for administering this program effectively and 
efficiently.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--of this final regulatory action, we have determined 
that the benefits of the final priority justify the costs.
    Discussion of Costs and Benefits: The benefits of the Disability 
and Rehabilitation Research Projects and Centers Programs have been 
well established over the years in that similar projects have been 
completed successfully. This final priority will generate new knowledge 
through research and development.

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    Another benefit of this final priority is that the establishment of 
a new RRTC will improve the lives of individuals with disabilities. The 
new RRTC will generate, disseminate, and promote the use of new 
information that will improve the options for individuals with 
disabilities to obtain, retain, and advance in employment.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or computer diskette) by contacting the Grants and Contracts 
Services Team, U.S. Department of Education, 400 Maryland Avenue, SW., 
room 5075, PCP, Washington, DC 20202-2550. Telephone: (202) 245-7363. 
If you use a TDD, call the FRS, toll free, at 1-800-877-8339.
    Electronic Access to This Document: 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) on the 
Internet at the following site: http://www.ed.gov/news/fedregister. To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
this site.

    Note: 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 on GPO Access at: http://www.gpoaccess.gov/nara/index.html.


    Dated: July 2, 2010.
Alexa Posny,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2010-16681 Filed 7-7-10; 8:45 am]
BILLING CODE 4000-01-P