[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]
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