[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Notices]
[Pages 40601-40604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16835]


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DEPARTMENT OF EDUCATION


Final Priority: Disability and Rehabilitation Research Projects 
and Centers Program; Disability Rehabilitation Research Project; 
Employment of Individuals With Disabilities

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

ACTION: Notice.

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Overview Information

CFDA Number: 84.133A-1.

Final Priority; National Institute on Disability and Rehabilitation 
Research (NIDRR)--Disability and Rehabilitation Research Projects and 
Centers Program--Disability Rehabilitation Research Project (DRRP)--
Employment of Individuals With Disabilities

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 
the National Institute on Disability and Rehabilitation Research 
(NIDRR). Specifically, this notice announces a priority for Employment 
of Individuals with Disabilities. The Assistant Secretary may use this 
priority for a competition in fiscal year (FY) 2012 and later years. We 
take this action to focus research attention on areas of national need.

DATES: Effective Date: This priority is effective August 9, 2012.

FOR FURTHER INFORMATION CONTACT: Lynn Medley, U.S. Department of 
Education, 400 Maryland Avenue SW., room 5140, Potomac Center Plaza 
(PCP), Washington, DC 20202-2700. Telephone: (202) 245-7338 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: This notice of final priority (NFP) is in 
concert with NIDRR's currently approved Long-Range Plan (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: 
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.
    This notice announces a final priority that NIDRR intends to use 
for a DRRP competition in FY 2012 and possibly later years. However, 
nothing precludes NIDRR from publishing additional priorities, if 
needed. Furthermore, NIDRR is under no obligation to make an award for 
this priority. The decision to make an award will be based on the 
quality of applications received and available funding.

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).

Disability and Rehabilitation Research Projects (DRRPs)

    The purpose of DRRPs, which are funded under NIDRR's Disability and 
Rehabilitation Research Projects and Centers Program, is to improve the 
effectiveness of services authorized under the Rehabilitation Act of 
1973, as amended, by developing methods, procedures, and rehabilitation 
technologies that advance a wide range of independent living and 
employment outcomes for individuals with disabilities, especially 
individuals with the most severe disabilities. DRRPs carry out one or 
more of the following types of activities, as specified and defined in 
34 CFR 350.13 through 350.19: Research, training, demonstration, 
development, dissemination, utilization, and technical assistance. 
Additional information on DRRPs can be found at: http://www2.ed.gov/rschstat/research/pubs/res-program.html#DRRP.

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


[[Page 40602]]


    Applicable Program Regulations: 34 CFR part 350.
    We published a notice of proposed priority for this program in the 
Federal Register on April 26, 2012 (77 FR 24934). That notice contained 
background information and our reasons for proposing the particular 
priority. Public Comment: In response to our invitation in the notice 
of proposed priority, four parties submitted comments on the proposed 
priority.
    Generally, we do not address technical and other minor changes. In 
addition, we do not address general comments that raised concerns not 
directly related to the proposed priority.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priority since publication of the notice of 
proposed priority follows.
    Comment: One commenter--in reference to paragraph (a)(1)(i) of the 
priority, which addresses ``the impact of government policies and 
programs on employment outcomes of individuals with disabilities,''--
noted that much is already known about the impact of government policy 
on disability employment outcomes and the work disincentives that are 
associated with income support and other disability benefits programs. 
This commenter recommended that we sharpen this research priority area 
to focus on policies that may encourage more people with disabilities 
to choose work.
    Discussion: NIDRR understands that there is a strong and growing 
research literature related to the relationship between income support 
programs and work outcomes for individuals with disabilities. NIDRR 
developed the priority area on the ``impact of government policies and 
programs on employment outcomes for individuals with disabilities'' to 
be purposefully broad. There are a wide variety of policies and 
programs that may influence employment outcomes, including policies 
that may encourage individuals with disabilities to choose work. 
Applicants are free to propose research on policies that encourage more 
people with disabilities to choose work. However, NIDRR does not wish 
to preclude applicants from proposing research on a wide variety of 
potential policies and programs that may influence employment outcomes 
by focusing this priority area too narrowly.
    Change: None.
    Comment: One commenter suggested that research under this priority 
should focus on programs and policies that affect employment outcomes 
of individuals with disabilities. This commenter noted that research 
should focus not just on one policy but on the broader system of 
programs and policies that could influence employment outcomes. This 
commenter also noted that research under this priority should examine 
the extent to which policies and programs have different effects on the 
employment outcomes of individuals in different disability groups.
    Discussion: The priority does not limit the research to examination 
of one policy. An applicant may propose to examine the broader system 
of programs and policies that could have an impact on employment 
outcomes. An applicant may also propose research on the extent to which 
policies and programs have different effects on the employment outcomes 
of individuals in different disability groups.
    Change: None.
    Comment: One commenter suggested that NIDRR specifically focus this 
priority on research that examines employment outcomes that are more 
complex than measuring whether individuals with disabilities obtain a 
job. This commenter specifically suggested a focus on outcomes related 
to employment of people with disabilities over the life span and on 
outcomes that measure the quality of employment. This commenter 
suggested that employment outcomes over the life span may be measured 
quantitatively by assessing the amount of time spent in the work force 
and that employment quality can be measured by type of job, earnings, 
job satisfaction, and advancement along a career trajectory.
    Discussion: NIDRR agrees that employment outcomes for people with 
disabilities--like employment oucomes for all people--can be measured 
in a variety of ways. The introductory paragraph of this priority 
focuses on a broad range of outcomes, including ``increased employment 
rates, as well as hours of paid work, earnings and other compensation 
for individuals with disabilities as well as improved job and career 
satisfaction and other work-related outcomes for individuals with 
disabilities.'' Nothing in the priority precludes applicants from 
proposing to conduct research on employment outcomes over the life 
span, outcomes related to employment quality, or other similar 
outcomes. NIDRR does not wish to preclude applicants from proposing 
research on a wide variety of employment outcomes by limiting the 
priority to the types of outcomes that are suggested by the commenter.
    Change: None.
    Comment: In reference to paragraph (a)(2) of the proposed priority, 
one commenter noted that five-year research projects under this 
priority may potentially include more than one of the four stages of 
research defined in the priority. This commenter asked whether 
applicants must propose research in just one stage of research or 
whether they can can propose research that progresses through more than 
one stage of research.
    Discussion: The proposed priority would have required an applicant 
to focus research on only one stage of research. NIDRR agrees that a 
grantee under this priority should have the flexibility to include 
research that spans more than one stage of research.
    Change: We have modified paragraph (a)(2) to allow an applicant to 
focus its research on more than one stage of research. However, if the 
applicant's research covers multiple stages of research, the applicant 
must clearly specify each stage of research. Also, we have modified 
paragraph (b)(3) to indicate that if the applicant proposes research 
that can be categorized under more than one of the defined research 
stages, or research that progresses from one stage to another, the 
applicant must clearly specify those stages and provide a rationale for 
each.
    Comment: None.
    Discussion: Proposed paragraph (a)(1) stated that applicants could 
propose to conduct research activities, development activities, or both 
to achieve the priority's intended outcomes. The selection criteria 
that are available to review NIDRR applications under 34 CFR 350.54 
include specific criteria related to the ``Design of Research 
Activities'' (34 CFR 350.54(c)) and specific criteria related to the 
``Design of Development Activities'' (34 CFR 350.54(d)). In order to 
review all applications with the appropriate criteria, and with the 
same distribution of possible points, we are requiring applicants to 
propose either research or development activities--but not both. 
Similarly, for ease in the review process, we are also requiring 
applicants to specify in the application whether they will be proposing 
to conduct research or development activities.
    Change: NIDRR has modified paragraph (a)(1) of the priority to 
require the DRRP to conduct either research or development activities. 
NIDRR has also modified paragraph (b) of the priority to require 
applicants to identify whether they will be proposing to conduct 
research or development activities.

Final Priority

Priority--Employment of Individuals With Disabilities

    The Assistant Secretary for Special Education and Rehabilitative 
Services

[[Page 40603]]

announces a priority for a Disability and Rehabilitation Research 
Project (DRRP) on Employment of Individuals with Disabilities.
    The DRRP must contribute to the outcomes of increased employment 
rates, hours of paid work, earnings and other compensation for 
individuals with disabilities as well as improved job and career 
satisfaction and other work-related outcomes for individuals with 
disabilities.
    (a) To contribute to these outcomes, the DRRP must--
    (1) Choose to conduct either research activities or development 
activities and carry out the chosen type of activity consistently 
throughout the grant, in one or more of the following priority areas:
    (i) The impact of government policies and programs on employment 
outcomes for individuals with disabilities.
    (ii) Employer practices and workplace environments that contribute 
to improved employment outcomes for individuals with disabilities.
    (iii) Preparedness of individuals with disabilities to participate 
in the current and future workforce.
    (iv) Technology (including the systems that develop, evaluate, and 
deliver the technology) that support improved employment outcomes of 
individuals with disabilities.
    (v) Practices and policies that contribute to improved employment 
outcomes for transition-aged youth.
    (vi) Vocational rehabilitation (VR) practices that result in 
improved employment outcomes for individuals with disabilities.
    (2) If conducting research under paragraph (a)(1) of this priority, 
focus its research on a specific stage of research. If the DRRP is to 
conduct research that can be categorized under more than one stage, 
including research that progress from one stage to another, those 
stages must be clearly specified. For purposes of this priority, the 
stages of research are as follows:
    (i) Exploration. Exploration means the stage of research that 
generates hypotheses or theories by conducting new and refined analyses 
of data, producing observational findings, and creating other sources 
of research-based information. This research stage may include 
identifying or describing the barriers to and facilitators of improved 
outcomes of individuals with disabilities, as well as identifying or 
describing existing practices, programs, or policies that are 
associated with important aspects of the lives of individuals with 
disabilities. Results achieved under this stage of research may inform 
the development of interventions or lead to evaluations of 
interventions or policies. The results of the exploration stage of 
research may also be used to inform decisions or priorities.
    (ii) Intervention Development. Intervention Development means the 
stage of research that focuses on generating and testing interventions 
that have the potential to improve employment outcomes for individuals 
with disabilities. Intervention development involves determining the 
active components of possible interventions, developing measures that 
would be required to illustrate outcomes, specifying target 
populations, conducting field tests, and assessing the feasibility of 
conducting a well-designed interventions study. Results from this stage 
of research may be used to inform the design of a study to test the 
efficacy of an intervention.
    (iii) Intervention Efficacy. Intervention efficacy means the stage 
of research during which a project evaluates and tests whether an 
intervention is feasible, practical, and has the potential to yield 
positive outcomes for individuals with disabilities. Efficacy research 
may assess the strength of the relationships between an intervention 
and outcomes, and may identify factors or individual characteristics 
that affect the relationship between the intervention and outcomes. 
Efficacy research can inform decisions about whether there is 
sufficient evidence to support ``scaling-up'' an intervention to other 
sites and contexts. This stage of research can include assessing the 
training needed for wide-scale implementation of the intervention, and 
approaches to evaluation of the intervention in real world 
applications.
    (iv) Scale-Up Evaluation. Scale-up evaluation means the stage of 
research during which a project analyzes whether an intervention is 
effective in producing improved outcomes for individuals with 
disabilities when implemented in a real-world setting. During this 
stage of research, a project tests the outcomes of an evidence-based 
intervention in different settings. It examines the challenges to 
successful replication of the intervention, and the circumstances and 
activities that contribute to successful adoption of the intervention 
in real-world settings. This stage of research may also include well-
designed studies of an intervention that has been widely adopted in 
practice, but that lacks a sufficient evidence-base to demonstrate its 
effectiveness.
    (3) Conduct knowledge translation activities (i.e., training, 
technical assistance, utilization, dissemination) in order to 
facilitate stakeholder (e.g., individuals with disabilities, employers, 
policymakers, practitioners) use of the interventions, programs, 
technologies, or products that resulted from the research activities, 
development activities, or both, conducted under paragraph (a)(1) of 
this priority;
    (4) Involve key stakeholder groups in the activities conducted 
under paragraphs (a)(1) and (a)(2) of this priority in order to 
maximize the relevance and usability of the interventions, programs, 
technologies, or products to be developed or studied under this 
priority.
    (b) In its application, an applicant must describe how its proposed 
project will meet this priority. In particular, the applicant must--
    (1) Identify, in its application, the priority area or areas on 
which its proposed research or development activities will focus; and
    (2) Identify, in its application, whether it is proposing to 
conduct research or development activities.
    (3) If conducting research under paragraph (a)(1) of this priority, 
identify and provide a rationale for the stage of research being 
proposed and the research methods associated with the stage. If the 
applicant proposes research that can be categorized under more than one 
of these research stages, or research that progresses from one stage to 
another, the applicant must clearly specify those stages and provide a 
rationale for each.

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

[[Page 40604]]

preference over other applications (34 CFR 75.105(c)(1)).
    This notice does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.

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

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local or 
Tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866.
    We have also reviewed this final regulatory action under Executive 
Order 13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing this final priority only on a reasoned determination 
that its benefits justify its costs. In choosing among alternative 
regulatory approaches, we selected those approaches that maximize net 
benefits. Based on the analysis that follows, the Department believes 
that this regulatory action is consistent with the principles in 
Executive Order 13563.
    We also have determined that this regulatory action does not unduly 
interfere with State, local, and Tribal governments in the exercise of 
their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.

Summary of Potential 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.
    Another benefit of the final priority is that establishing new 
DRRPs will improve the lives of individuals with disabilities. The new 
DRRPs will provide support and assistance for NIDRR grantees as they 
generate, disseminate, and promote the use of new information that will 
improve the options for individuals with disabilities to perform 
regular activities of their choice in the community.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) by contacting the Grants and Contracts 
Services Team, U.S. Department of Education, 400 Maryland Avenue SW., 
Room 5075, PCP, Washington, DC 20202-2550. Telephone: (202) 245-7363. 
If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: http://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: http://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 5, 2012.
Alexa Posny,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2012-16835 Filed 7-9-12; 8:45 am]
BILLING CODE 4000-01-P