[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Rules and Regulations]
[Pages 35951-35954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14899]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[ED-2014-OSERS 0043]


Final Priority; National Institute on Disability and 
Rehabilitation Research--Rehabilitation Research and Training Centers

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

ACTION: Final priority.

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[CFDA Number: 84.133B-3.]

SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services announces a priority for the Rehabilitation 
Research and Training Center (RRTC) Program administered by the 
National Institute on Disability and Rehabilitation Research (NIDRR). 
Specifically, we announce a priority for an RRTC on Employment for 
Individuals with Intellectual and Developmental Disabilities. The 
Assistant Secretary may use this priority for competitions in fiscal 
year (FY) 2014 and later years. We take this action to focus research 
attention on areas of national need. We intend for this priority to 
contribute to improved employment outcomes of individuals with 
intellectual and developmental disabilities.

DATES: Effective Date: This priority is effective July 25, 2014.

FOR FURTHER INFORMATION CONTACT: Patricia Barrett, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5142, Potomac Center Plaza 
(PCP), Washington, DC 20202-2700. Telephone: (202) 245-6211 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: 
    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).

Rehabilitation Research and Training Centers

    The purpose of the RRTCs, which are funded through the Disability 
and Rehabilitation Research Projects and Centers Program, is to achieve 
the goals of, and improve the effectiveness of, services authorized 
under the Rehabilitation Act through well-designed research, training, 
technical assistance, and dissemination activities in important topical 
areas. These activities are designed to benefit rehabilitation service 
providers, individuals with disabilities, family members, policymakers, 
and other research stakeholders. Additional information on the RRTC 
program can be found at: http://www2.ed.gov/programs/rrtc/index.html.

    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 this program 
in the Federal Register on March 3, 2014 (79 FR 11742). That notice 
contained background information and our reasons for proposing the 
particular priority.
    Except for one revision explained in the Analysis of Comments and 
Changes section, there are no differences between the proposed priority 
and this final priority.
    Public Comment: In response to our invitation in the NPP, three 
parties submitted comments on the proposed priority.
    Generally, we do not address technical and other minor changes.
    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 questioned the need for this priority. 
Specifically, the commenter believed that with the current Federal 
budget restraints, we should not be spending money on any type of 
research.
    Discussion: The proposed RRTC on Employment for Individuals with 
Intellectual and Developmental Disabilities is consistent with the 
research agenda outlined in NIDRR's Long-Range Plan for Fiscal Years 
2013-2017 (Plan), which was published in the Federal Register on April 
4, 2013 (78 FR 20299). One of the goals of the Plan is to establish a 
balanced distribution of priorities focused on improved outcomes in the 
domains of employment, community living and participation, and health 
and function that address the needs of individuals with different 
disabilities, personal characteristics, and social circumstances. NIDRR 
believes that the proposed RRTC on Employment for Individuals with 
Intellectual and Developmental Disabilities is consistent with that 
goal and will help to improve outcomes for this population.
    More specifically, as we discussed in the NPP, there is a need to 
increase knowledge about effective ways to prepare persons with 
intellectual and

[[Page 35952]]

developmental disabilities in their homes, schools, and communities for 
competitive integrated work; effectively bundle individual practices 
and experiences associated with desirable employment outcomes into more 
effective programs of employment supports; and scale up effective 
practices and programs to provide substantially increased opportunities 
for individuals with intellectual and developmental disabilities to 
experience well-developed, effective employment support. We believe 
this priority will focus research attention on this area of national 
need.
    Changes: None.
    Comment: One commenter stated that individuals with the most severe 
intellectual and developmental disabilities are often assumed to be 
unable to work, and therefore not included in research that could 
impact future employment supports and outcomes for this population. The 
commenter also suggested that ``customized employment'' \1\ could hold 
promise for improving employment outcomes for individuals with the most 
severe intellectual and developmental disabilities. The commenter 
recommended that we revise the priority to encourage RRTCs to include 
individuals with the most severe intellectual and developmental 
disabilities in its activities.
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    \1\ See www.dol.gov/odep/categories/workforce/CustomizedEmployment/what/ for more information about customized 
employment.
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    Discussion: NIDRR agrees with the commenter that research and 
related activities are needed to improve employment outcomes for 
individuals with disabilities, especially individuals with the most 
severe disabilities. However, we do not want to limit applicants' 
choices by specifying or recommending the severity of disability for 
their target population. The priority language allows applicants to 
focus their research and related activities on individuals with 
intellectual and developmental disabilities as a group, or on specific 
subpopulations. With this field-initiated priority, we purposefully 
allow researchers to specify and justify their target population.
    Changes: None.
    Comment: One commenter suggested that NIDRR modify the priority to 
require the involvement of directors of State vocational rehabilitation 
agencies in the RRTC's activities.
    Discussion: Paragraph (c)(iv) of the priority requires the RRTC to 
contribute to improving employment outcomes by involving key 
stakeholder groups in its research activities. The priority does not 
require that any particular stakeholder group be involved in its 
activities because the most critical stakeholders may vary depending on 
the specific activity proposed. However, representatives of State VR 
agencies are listed as an example of a key stakeholder. In addition, 
nothing in the priority precludes an applicant from proposing the 
participation and involvement of State VR agency directors in their 
RRTC activities. The peer review process will determine the merits of 
each proposal.
    Changes: None.
    Comment: None.
    Discussion: After further review, we believe that it would 
strengthen this priority to highlight in this priority the importance 
of employment of individuals with intellectual and developmental 
disabilities in integrated competitive settings. This concept is 
introduced in the background section of the NPP, published in the 
Federal Register on March 3, 2014 (79 FR 11742). Specifically, the NPP 
introduced data showing that, of 566,188 individuals with intellectual 
and developmental disabilities in integrated employment, sheltered 
employment, and non-work settings in 2010, only 19 percent were in 
integrated, competitive employment. For this reason, we want to make 
even clearer our belief that individuals with intellectual and 
developmental disabilities have a right to earn a real wage (at least 
minimum wage) in an environment where there are people with and without 
disability.
    Changes: We have added integrated, competitive employment to the 
overarching purpose statement in the introductory language of the 
priority.

Final Priority

    The Assistant Secretary for Special Education and Rehabilitative 
Services establishes a priority for an RRTC on Employment for 
Individuals with Intellectual and Developmental Disabilities.
    The RRTC must contribute to improving the employment outcomes, 
particularly in integrated, competitive employment settings, of 
individuals with intellectual and developmental disabilities by:
    (a) Conducting well-designed research activities in one or more of 
the following priority areas, focusing on individuals with intellectual 
and developmental disabilities as a group or on individuals in specific 
disability or demographic subpopulations of individuals with 
intellectual and developmental disabilities:
    (i) Technology to improve employment outcomes for individuals with 
intellectual and developmental disabilities.
    (ii) Individual, work environment, or employer factors associated 
with improved employment opportunities or outcomes for individuals with 
intellectual and developmental disabilities.
    (iii) Interventions that contribute to improved employment outcomes 
for individuals with intellectual and developmental disabilities. 
Interventions include any one or combination of the following: 
Strategies, practices, programs, policies, or tools that, when 
implemented as intended, contribute to improvements in opportunities or 
outcomes for individuals with disabilities, and may include 
interventions focused on individuals, families, employers, or service 
providers.
    (iv) Effects of current or modified government practices, policies, 
and programs on employment outcomes for individuals with intellectual 
and developmental disabilities.
    (v) Practices and policies that contribute to improved employment 
outcomes for transition-aged youth with intellectual and developmental 
disabilities.
    (b) Identifying and focusing its research on one or more specific 
stages of research, including specifically at least one significant 
evaluation project focused on scaling up existing validated employment 
interventions or programs to multiple employment settings. If the RRTC 
is to conduct research that can be categorized under more than one of 
the research stages, or research that progresses from one stage to 
another, those stages should be clearly specified. These stages and 
their definitions are in the notice of final priorities and definitions 
published in the Federal Register on May 7, 2013 (78 FR 26513).
    (c) Serving as a national resource center related to employment for 
individuals with intellectual and developmental disabilities, their 
families, and other stakeholders by conducting knowledge translation 
activities that include, but are not limited to:
    (i) Providing information and technical assistance on job 
development and placement, job training and support, customized 
employment, and other aspects of supported employment to school-based 
transition programs, employment service providers, employers, 
individuals with intellectual and developmental disabilities and their 
representatives, and other key stakeholders.

[[Page 35953]]

    (ii) Providing training, including graduate, pre-service, and in-
service training, to vocational rehabilitation, school-based transition 
programs, and other employment service providers, to achieve 
integrated, competitive employment outcomes for individuals with 
intellectual and developmental disabilities. This training may be 
provided through conferences, workshops, public education programs, in-
service training programs, and similar activities.
    (iii) Disseminating, in accessible formats, research-based 
information and materials related to employment for individuals with 
intellectual and developmental disabilities.
    (iv) Involving key stakeholder groups in the activities conducted 
under paragraph (a) in order to maximize the relevance and usability of 
the new knowledge generated by the RRTC. Such stakeholder groups may 
vary depending on the specific activity proposed, but could include 
representatives of agencies such as the State Developmental 
Disabilities program/service agencies, State Developmental Disability 
Planning Councils, State Protection and Advocacy Agencies, State 
vocational rehabilitation agencies, and State Employment First 
coalitions, as well as consumer advocacy agencies such as The Arc, UCP, 
TASH, and People First.

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 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.
    The benefits of the Disability and Rehabilitation Research Projects 
and Centers Program have been well established over the years, as 
projects similar to the one envisioned by the final priority have been 
completed successfully. The new RRTC will generate and promote the use 
of new knowledge that likely will improve the employment outcomes for 
individuals with disabilities.
    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.

[[Page 35954]]

    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 20, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2014-14899 Filed 6-24-14; 8:45 am]
BILLING CODE 4000-01-P