[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Proposed Rules]
[Pages 35808-35812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14186]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III


Proposed priority--Rehabilitation Training: Rehabilitation Long-
Term Training Program--Vocational Rehabilitation Counseling

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

ACTION: Proposed priority.

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[CFDA Number: 84.129B.]

SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services proposes a priority under the Rehabilitation 
Training: Rehabilitation Long-Term Training program. The Assistant 
Secretary may use this priority for competitions in fiscal year (FY) 
2013 and later years. We take this action to focus on training in an 
area of national need. This priority is designed to ensure that the 
Department funds high quality rehabilitation counseling programs that 
meet rigorous standards in order to provide students with the training 
necessary to become qualified rehabilitation counselors capable of

[[Page 35809]]

meeting the current challenges facing State vocational rehabilitation 
(VR) agencies and related agencies.

DATES: We must receive your comments on or before July 15, 2013.

ADDRESSES: Address all comments about this notice to RoseAnn Ashby, 
U.S. Department of Education, 400 Maryland Avenue SW., Room 5055, 
Potomac Center Plaza (PCP), Washington, DC 20202-2800.
    If you prefer to send your comments by email, use the following 
address: [email protected]. You must include the phrase ``Vocational 
Rehabilitation Counseling'' in the subject line of your electronic 
message.

FOR FURTHER INFORMATION CONTACT: RoseAnn Ashby. Telephone: (202) 245-
7258.
    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 priority. To ensure that your comments have maximum effect in 
developing the final priority, we urge you to identify clearly the 
specific section of the 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.
    During and after the comment period, you may inspect all public 
comments about this notice in room 5055, 550 12th Street SW., PCP, 
Washington, DC, 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.
    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: The Rehabilitation Long-Term Training program 
provides financial assistance for--
    (1) Projects that provide basic or advanced training leading to an 
academic degree in areas of personnel shortages in rehabilitation as 
identified by the Secretary;
    (2) Projects that provide a specified series of courses or program 
of study leading to the award of a certificate in areas of personnel 
shortages in rehabilitation as identified by the Secretary; and
    (3) Projects that provide support for medical residents enrolled in 
residency training programs in the specialty of physical medicine and 
rehabilitation.

    Program Authority: 29 U.S.C. 772(b).

    Applicable Program Regulations: 34 CFR Parts 385 and 386.

Proposed Priority

    This notice contains one proposed priority.

Vocational Rehabilitation Counseling

Background
    Due to the changes in the economic circumstances in many States, 
people with disabilities are facing significant employment challenges. 
According to Krepcio and Martin (2012), some of those changes in the 
economy are characterized as: shifting job functions; increasing 
demands for certifications and technical skills; rapid changes in 
technology; and frequent and longer periods of unemployment, 
particularly for persons with disabilities. State VR agencies and their 
partners must respond to these changes by asking the question: In this 
new economy, where and how can the VR profession add true and targeted 
value to achieve the goal of meaningful careers and independence for 
persons with disabilities?
    It is equally important for the Department to ask this question 
about rehabilitation training grants authorized under Section 302 of 
the Rehabilitation Act of 1973, as amended. For example, the funding 
priority under the Rehabilitation Long-Term Training program has not 
changed in over two decades. The Department believes that a significant 
redesign of this priority is needed in order to help ensure that 
personnel trained under this program are prepared to help consumers 
achieve high-quality employment in today's economy. In order to support 
the redesign of the priority, the Department conducted two activities 
to obtain more information about the changes affecting the VR field. 
These activities were designed to engage grant recipients, consumers 
with disabilities, stakeholder groups, employers, and other partners in 
a discussion about the changes in the economy and how to better prepare 
rehabilitation counselors to meet the current employment needs of 
individuals with disabilities.
    First, on November 8, 2012, the Department published a ``Request 
for Information'' (RFI) in the Federal Register (77 FR 66959) 
pertaining to the Rehabilitation Long-Term Training program. The 
purpose of the RFI was to collect data focused on the following four 
areas: (1) Challenges facing State VR agencies, counselors, and 
training programs; (2) effective practices aimed at increasing the 
supply, qualifications, and retention of VR counselors; (3) proposed 
changes to the Rehabilitation Long-Term Training program that reflect 
the needs of VR consumers; and (4) new and emerging skill sets needed 
by VR counselors in order to prepare individuals with disabilities for 
employment in the current and future labor markets. The Department 
received 61 comments, some of which provided examples and additional 
context in response to each of these four areas, and some of which 
supported the current priorities of the Rehabilitation Long-Term 
Training program.
    Second, in December 2012, the Department participated in a National 
Employment Conference. The theme of this conference was ``The New 
Economy: Re-think, Re-Align, Re-Invent,'' and included participants 
from State VR agencies, consumers with disabilities, businesses, 
stakeholders, and Federal agency partners from the Departments of 
Health and Human Services, Veterans Affairs, Labor, and the Social 
Security Administration. The goal of this conference was to explore 
several questions, including:
     What additional information do we need in order to broaden 
and strengthen our understanding of the new economy and its 
implications for people with disabilities?
     What are the most important aspects of our current system 
that should be preserved in order to meet the challenges of a new 
economy, and, alternatively, what aspects of our current system should 
be terminated as unproductive?
     What capacities do we need to develop within our system to 
better serve the needs of people with disabilities in the new economy?
     Finally, what relationships do we need to develop or 
strengthen in order to support people with disabilities in finding 
employment in the new economy?
    The Department continues to pose many of these questions to its 
partners and stakeholders.

[[Page 35810]]

    Both of these activities contributed to the redesign of a funding 
priority for the Rehabilitation Long-Term Training program. The goal of 
this priority is to increase the skills of rehabilitation counseling 
students so that upon graduation they are prepared to effectively meet 
the needs and demands of consumers with disabilities and employers. 
Therefore, the priority will require applicants to provide projected 
employment needs for and shortages of rehabilitation counselors in 
their region; describe how they will implement specific grant 
requirements to comply with 34 CFR Part 386; strengthen the curriculum 
for training rehabilitation counselors, including incorporating 
practices that will ensure students are prepared to assist individuals 
with disabilities to obtain competitive employment in the current and 
future labor market and integrating the latest technology into methods 
of instruction; evaluate student proficiency; and evaluate the program, 
including the effect the program has over a period of time to fill 
vacancies in the State VR agency with qualified counselors. The 
redesign of this priority under the Rehabilitation Long-Term Training 
program is the first step in a much larger effort to ensure that 
students enrolled in degree programs receive the necessary training to 
help consumers achieve high-quality employment in today's economy.
    The following is a summary of data collected from the RFI that 
supports the need for the Department to redesign the priority under the 
Rehabilitation Long-Term Training program in order to respond to 
changes in the VR field.
    First, commenters indicated that for a variety of reasons, over the 
next five years, there will be a shortage of qualified VR counselors to 
meet the needs of State VR agencies. Based on data the Department 
collected for FY 2012, 8,360 counselors were employed by State VR 
agencies. Based on their own State-level data, numerous commenters 
representing State VR agencies provided projections of the need for VR 
counselors to meet current and anticipated demands. In making these 
projections, several factors were considered, such as the pending 
retirement of current VR counselors, the scarcity of qualified 
counselors in certain geographical locations (e.g. rural areas), and 
staff turnover resulting from relatively low State salaries. Based on 
an aggregation of this State-level information, the Department 
estimates that there will be a need for 1,800 VR counselors over the 
next 5 years, approximately 360 new VR counselors per year. For these 
reasons, commenters expressed strong support for increasing the number 
of grants awarded under the Rehabilitation Long-Term Training program 
that emphasize the training of rehabilitation counselors.
    Second, a number of commenters provided information to support the 
need for potential rehabilitation counselors to obtain master's 
degrees. State VR agencies, the commenters explained, are required to 
develop standards for their counselors under a Comprehensive System of 
Personnel Development (CSPD) that are consistent with any national, 
State-approved, or State-recognized certification, licensing, or 
registration requirements. Most State VR agencies have adopted the 
standard for a qualified rehabilitation counselor established by the 
Commission on Rehabilitation Counselor Certification (CRCC), which is 
described at www.crccertification.com. Meeting this standard requires a 
master's degree in rehabilitation counseling or a related field, and 
commenters indicated that many State VR agencies are unable to comply 
with their CSPD requirements and have resorted to hiring individuals 
with a bachelor's degree in order to fill vacant positions. As a 
result, State VR agencies must provide additional training for these 
individuals to meet the CSPD requirements, which may delay compliance 
with the Rehabilitation Act and adversely impact positive employment 
outcomes for consumers. Further, State VR agencies have limited funds 
for additional training, thereby making the Department's financial 
support for students obtaining a master's degree critical to ensuring 
that State VR agencies comply with CSPD requirements and that limited 
funding is used effectively.
    Third, commenters noted that staff in State VR agencies need more 
training to effectively work with individuals who experience a wide 
range of disabilities, issues, and challenges. In particular, 
individuals with autism, individuals with mental health issues, 
transition-age youth with disabilities, and individuals with 
disabilities who have been involved in the criminal justice system 
comprise an increasing percentage of State VR agency caseloads. 
Rehabilitation counseling programs that prepare students to use current 
evidence-based and emerging practices to assist consumers receiving VR 
services to obtain and maintain employment across this range of 
disabilities, issues, and challenges are greatly needed.
    Furthermore, rehabilitation counselors must be able to prepare 
consumers receiving VR services to meet the demands of the current and 
emerging economy, including the use of technology, so that they will be 
career-ready and have the resources to succeed in this new labor 
market. Rehabilitation counselors must also be prepared to meet 
employer demands and better use labor market information in the job 
placement process. Training programs that prepare rehabilitation 
counselors to address these demands are needed.
References

Fogg, N.P., Harrington, P.E., & McMahon, B.T. (2010). The impact of 
the Great Recession upon the unemployment of Americans with 
disabilities. Journal of Vocational Rehabilitation, 33, 193-202.
Krepcio, K., & Martin, M.M. (2012). The State of the U.S. Workforce 
System: A Time for Incremental Realignment or Serious Reform? John 
J. Heldrich Center for Workforce Development, research report, 1-15.
Proposed Priority
    The Assistant Secretary for Special Education and Rehabilitative 
Services proposes a priority to fund programs leading to a master's 
degree in rehabilitation counseling. The goal of this priority is to 
increase the skills of rehabilitation counseling students so that upon 
successful completion they are prepared to effectively meet the needs 
and demands of consumers with disabilities and employers.
    Under this priority, applicants must:
    (a) Provide data on the current and projected employment needs and 
personnel shortages in State VR agencies and other related agencies as 
defined in 34 CFR 386.4 in their local area, region, and State, and 
describe how the proposed program will address those employment needs 
and personnel shortages.
    (b) Describe how the rehabilitation counseling program will prepare 
rehabilitation counselors with the skills and knowledge that will help 
ensure that the individuals with disabilities that they serve can meet 
current demands and emerging trends in the labor market, including how:
    (1) The curriculum aligns with evidence-based and competency-based 
practices in the field of rehabilitation counseling;
    (2) The curriculum prepares students to meet all applicable 
certification standards;
    (3) The curriculum addresses new or emerging consumer needs or 
trends at the national, State, and regional levels;
    (4) The curriculum teaches students to address the needs of 
individuals with a range of disabilities and individuals with 
disabilities who are from diverse cultural backgrounds;

[[Page 35811]]

    (5) The curriculum will train students to assess the assistive 
technology needs of consumers, identify the most appropriate assistive 
technology services and devices for assisting the consumer to obtain 
and retain employment, and train consumers to use such technology;
    (6) The curriculum will teach students to identify employer needs 
in their State and local areas and to work with employers effectively 
in today's economy; and
    (7) The latest technology is incorporated into the methods of 
instruction (e.g., the use of distance education to reach students who 
live far from the university and the use of technology to acquire labor 
market information).
    (c) Describe their methods to:
    (1) Recruit highly capable prospective students who have the 
potential to successfully complete the academic program, all required 
practicum and internship experiences, and the required service 
obligation;
    (2) Educate potential students about the terms and conditions of 
the service obligation under 34 CFR 386.4, 386.34, and 386.40 through 
386.43 so that they will be fully informed before accepting a 
scholarship;
    (3) Maintain a system that ensures that students sign a payback 
agreement and an exit form when they exit the program, regardless of 
whether they drop out, are removed, or successfully complete the 
program;
    (4) Provide academic support and counseling to students throughout 
the course of the academic program to ensure successful completion;
    (5) Ensure that all students complete an internship in a State VR 
agency as a requirement for program completion;
    (6) Provide career counseling, including informing students of 
professional contacts and networks, job leads, and other necessary 
resources and information to support students in successfully obtaining 
and retaining qualifying employment;
    (7) Maintain regular contact with students upon successful program 
completion, (e.g., matching students with mentors in the field), to 
ensure that they have support during their search for qualifying 
employment as well as support during the initial months of their 
employment;
    (8) Maintain regular communication with students after program exit 
to ensure that student contact information is up-to-date and that 
documentation of employment is accurate and meets the regulatory 
requirements for qualifying employment; and
    (9) Maintain accurate information on, while safeguarding the 
privacy of, current and former students from the time they are enrolled 
in the program until they successfully meet their service obligation.
    (d) Describe a plan for developing and maintaining partnerships 
with State VR Agencies and community-based rehabilitation service 
providers that includes:
    (1) Coordination between the grantee and the State VR agencies and 
community-based rehabilitation service providers that will promote 
qualifying employment opportunities for students and formalized on-
boarding and induction experiences for new hires;
    (2) Formal opportunities for students to obtain work experiences 
through internships, practicum agreements, job shadowing, and mentoring 
opportunities; and
    (3) A mechanism for ensuring that there is an assessment developed 
by the supervisor at the work site that details the student's strengths 
and areas for improvement that must be addressed, and that whenever 
possible, the results of this assessment are provided to the 
institution to ensure that future students receive all necessary 
preparation and training prior to program completion.
    (e) Describe how students will be evaluated throughout the entire 
program to ensure that they are proficient in meeting the needs and 
demands of today's consumers and employers, including the steps that 
will be taken to provide assistance to a student who is not meeting 
academic standards or who is performing poorly in a practicum or 
internship setting.
    (f) Describe how the program will be evaluated, including the 
effect the program has over a period of time on filling vacancies in 
the State VR agency with qualified counselors capable of providing 
quality services to consumers; how input from State VR agencies and 
community-based rehabilitation service providers will be included in 
the evaluation; and how the data and results from the evaluation will 
be used to make necessary adjustments and improvements to the program.
Types of Priorities
    When inviting applications 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.

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.

[[Page 35812]]

    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 on 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 proposed priority only on a reasoned 
determination that its benefits would 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 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 requirements and those we have determined as 
necessary for administering the Department's programs and activities.
    The benefits of the Rehabilitation Long-Term Training program have 
been well established over the years through the successful completion 
of similar projects. This proposed priority would promote 
rehabilitation counseling programs that will better prepare students to 
assist individuals to achieve employment in today's challenging 
economy.
    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 Adobe Portable Document Format (PDF). To use PDF 
you must have Adobe Acrobat Reader, which is available free at the 
site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: June 11, 2013.
Michael K. Yudin,
Delegated the authority to perform the functions and duties of the 
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2013-14186 Filed 6-13-13; 8:45 am]
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