[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)]
[Proposed Rules]
[Pages 27868-27873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11826]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Proposed 
Rules  

[[Page 27868]]



DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2015-OSERS-0034]


Proposed Priority--Rehabilitation Training: Vocational 
Rehabilitation Technical Assistance Center--Youth With Disabilities

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

ACTION: Proposed priority.

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[CFDA Number: 84.264H.]

SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services proposes a priority under the Rehabilitation 
Training program. The Assistant Secretary may use this priority for 
competitions in fiscal year (FY) 2015 and later years. This priority is 
designed to ensure that professionals working in State vocational 
rehabilitation (VR) agencies receive the technical assistance they need 
to provide youth with disabilities with services and supports that lead 
to postsecondary education and competitive integrated employment.

DATES: We must receive your comments on or before June 15, 2015.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``Are you new to the site?''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about these proposed regulations, address 
them to Tara Jordan, U.S. Department of Education, 400 Maryland Avenue 
SW., Room 5040, Potomac Center Plaza (PCP), Washington, DC 20202-2800.

    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to 
include in their comments only information that they wish to make 
publicly available.


FOR FURTHER INFORMATION CONTACT: Tara Jordan. Telephone: (202) 245-7341 
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:
    Invitation to Comment: We invite you to submit comments regarding 
this notice. To ensure that your comments have maximum effect in 
developing the notice of final priority, we urge you to identify 
clearly the specific section of the proposed 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 these proposed regulations by accessing Regulations.gov. 
You may also inspect the comments in person in room 5040, 550 12th 
Street SW., PCP, Washington, DC, 20202-2800, 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. Please contact the person listed under 
FOR FURTHER INFORMATION CONTACT.
    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: Under the Rehabilitation Act of 1973 
(Rehabilitation Act), as amended by the Workforce Innovation and 
Opportunity Act (WIOA), the Rehabilitation Services Administration 
makes grants to States and public or nonprofit agencies and 
organizations (including institutions of higher education) to support 
projects that provide training, traineeships, and technical assistance 
designed to increase the numbers of, and improve the skills of, 
qualified personnel (especially rehabilitation counselors) who are 
trained to: provide vocational, medical, social, and psychological 
rehabilitation services to individuals with disabilities; assist 
individuals with communication and related disorders; and provide other 
services authorized under the Rehabilitation Act.

    Program Authority: 29 U.S.C. 772(a)(1).

    Applicable Program Regulations: 34 CFR part 385.
    Proposed Priority:
    This notice contains one proposed priority.
    Vocational Rehabilitation Technical Assistance Center--Youth with 
Disabilities (VRTAC-Y).
    Background:
    State vocational rehabilitation (VR) agencies provide employment-
related services to students and youth with disabilities in order to 
facilitate a smooth transition from school to post-school activities 
and to assist them in obtaining the training and skills they need to 
achieve competitive integrated employment. The Workforce Innovation and 
Opportunity Act (WIOA) amended the Rehabilitation Act by expanding the 
kinds of services that State VR agencies may provide to students and 
youth with disabilities and adding definitions of the terms ``student 
with a disability'' and ``youth with a disability''.
    The new definition for ``student with a disability'' at section 
7(37)(A) of the Rehabilitation Act, as amended by WIOA, renumbered here 
for ease of reading, is an individual with a disability who--
    (a)(1)(i) is not younger than the earliest age for the provision of 
transition services under section

[[Page 27869]]

614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education 
Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII); or
    (ii) if the State involved elects to use a lower minimum age for 
receipt of pre-employment transition services under this Act, is not 
younger than that minimum age; and
    (2)(i) is not older than 21 years of age; or
    (ii) if the State law for the State provides for a higher maximum 
age for receipt of services under the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.), is not older than that maximum 
age; and
    (b)(1) is eligible for, and receiving, special education or related 
services under Part B of the Individuals with Disabilities Education 
Act (20 U.S.C. 1411 et seq.); or
    (2) is an individual with a disability, for purposes of section 
504.
    The new definition for ``youth with a disability'' at section 
7(42)(A) of the Rehabilitation Act, as amended by WIOA, also renumbered 
here for ease of reading, is an individual with a disability who (a) is 
not younger than 14 years of age; (b) is not older than 24 years of 
age.
    Historically, State VR agencies have had difficulty in locating and 
serving students with disabilities who are not served under the IDEA 
and youth with disabilities who are no longer in school. Therefore, the 
proposed Vocational Rehabilitation Technical Assistance Center for 
Youth with Disabilities (VRTAC-Y) would focus on providing technical 
assistance to State VR agencies on locating and serving students with 
disabilities not served under the IDEA and youth with disabilities who 
are not enrolled in school and who are not employed. Additionally, the 
National Technical Assistance Center on Transition, jointly funded by 
the Office of Special Education Programs (OSEP) and the Rehabilitation 
Services Administration (RSA), already provides technical assistance on 
the provision of transition services to students who are served under 
the IDEA.
    The difficulty in locating and serving students with disabilities 
who are not served under the IDEA arises because these students usually 
do not have a lead teacher or advocate in the school system with the 
responsibility to facilitate the connection of students with 
disabilities to VR or to other services in the community. Without these 
connections, students may not obtain the necessary services and 
supports they need to be successful in education and training programs 
or competitive integrated employment after exiting high school.
    Similarly, youth with disabilities who are not enrolled in school 
are usually not connected to the local adult service systems and, as a 
consequence, are not referred to the State VR agency for transition 
services or to other programs and services they may need. In 
particular, youth with disabilities who are high school dropouts, 
exiting the foster care system, or juvenile offenders are at high risk 
for not transitioning into successful and economically self-sufficient 
adult lives, and the consequences of this failure are considerable. 
Students with disabilities, particularly students with emotional or 
behavioral disabilities and learning disabilities, are at greater risk 
for dropping out of school (Lehr, et al. 2004). Youth with disabilities 
who drop out of high school experience substantial economic and social 
problems, including unemployment, poverty, homelessness, and 
incarceration. In addition, youth with disabilities who age out of the 
foster care system or are exiting correctional facilities often have 
multiple needs and may face additional challenges in connecting to 
appropriate community services and supports.
    There are a number of promising and innovative practices aimed at 
assisting students and youth with disabilities to succeed in 
transitioning to adulthood, particularly education and competitive 
integrated employment, which are useful to State VR agencies. 
``Guideposts for Success'' is a comprehensive resource of such 
practices focusing on the needs of youth with disabilities and 
vulnerable populations, such as youth in foster care and youth involved 
or at risk of becoming involved in the juvenile justice system (see 
http://www.ncwd-youth.info/topic/guideposts). Early transition 
planning, information about career options and exposure to the world of 
work, including structured internships, the involvement of family 
members, and/or other caring adults can assist students and youth with 
disabilities to meet the challenges they face and may lead to better 
post-school outcomes. Students with disabilities who are engaged in 
courses that they choose and that they believe will prepare them for 
life, including career technical and cooperative education classes, are 
less likely to drop out (Dunn, Chambers and Rabren, 2004).
    In addition, collaboration among State educational agencies (SEAs), 
local educational agencies (LEAs), State VR agencies, and other service 
providers helps to ensure the delivery of coordinated transition 
services. (Landmark, et al., 2010; National Council on Disability, 
2008). Systems coordination promotes easier access to services for 
students and youth with disabilities and strengthens results and 
accountability leading to more positive outcomes (Russ and Fryar 2014).
    The proposed VRTAC-Y would provide training and technical 
assistance to State VR agencies to assist them in identifying and 
serving students and youth with disabilities; designing and 
implementing collaborative and integrative approaches to serving 
students and youth with disabilities; and strengthening and expanding 
coordination of services to students and youth with disabilities, 
particularly those not served under the IDEA.
    References:

Dunn, C., Chambers, D. and Rabren, K. (2004). Variables Affecting 
Students' Decision to Drop Out of School. Remedial and Special 
Education, 25, 314.
Landmark, L.J., Ju, S., and Zhang, D. (2010). Substantiated Best 
Practices in Transition: Fifteen Plus Years Later. Career 
Development for Exceptional Individuals, 33(3).
Lehr, C.A., Johnson, D.R., Bremer, C.D., Cosio, A., & Thompson, M. 
(2004). Essential tools: Increasing rates of school completion: 
Moving from policy and research to practice. Minneapolis, MN: 
University of Minnesota, Institute on Community Integration, 
National Center on Secondary Education and Transition.
National Council on Disability (2008). The Rehabilitation Act: 
Outcomes for Transition-Age Youth. Retrieved from: http://www.ncd.gov/policy/employment.
Russ, E. and Fryar, G. (December 2014). Creating Access to 
Opportunities for Youth in Transition from Foster Care: An AYPF 
Policy Brief. American Youth Policy Forum.

    Proposed Priority:
    The purpose of this proposed priority is to fund a cooperative 
agreement to establish a Vocational Rehabilitation Technical Assistance 
Center--Youth with Disabilities (VRTAC-Y). The focus of this proposed 
priority is to provide technical assistance (TA) to State vocational 
rehabilitation (VR) agencies to improve services to and outcomes of: 
(1) students with disabilities, as defined in section 7(37) of the 
Rehabilitation Act, who are in school and who are not receiving 
services under the IDEA; and (2) youth with disabilities, as defined in 
section 7(42) of the Rehabilitation Act, who are no longer in school 
and who are not employed. For purposes of this priority, ``Students and 
youth with disabilities'' refers to these two groups.
    The VRTAC-Y is designed to achieve, at a minimum, the following 
outcomes:
    (a) Assist State VR agencies to identify and meet the VR needs of 
students and youth with disabilities consistent with

[[Page 27870]]

section 101(a)(15) of the Rehabilitation Act;
    (b) Improve the ability of State VR agencies to develop 
partnerships with State and local agencies, service providers, or other 
entities to ensure that students and youth with disabilities are 
referred for VR services and have access to coordinated supports, 
services, training, and employment opportunities, including: (1) 
increasing the number of referrals and applications received by State 
VR agencies from agencies, service providers and others serving 
students and youth with disabilities; and (2) increasing the number of 
students and youth with disabilities receiving VR services;
    (c) Improve the ability of VR personnel to develop individualized 
plans for employment that ensure the successful transition of students 
and youth with disabilities and the achievement of post-school goals; 
and
    (d) Increase the number of students and youth with disabilities 
served by VR agencies (particularly dropouts, foster care youth and 
youth involved in the correctional system) who are engaged in education 
and training programs leading to the attainment of postsecondary skills 
and credentials needed for employment in high-demand occupations.

Topic Areas

    Under this proposed priority, the VRTAC-Y must develop and provide 
training and TA to State VR agency staff and related rehabilitation 
professionals and service providers in the following topic areas:
    (a) Developing and maintaining formal and informal partnerships and 
relationships with relevant stakeholders (including, but not limited 
to, school systems, institutions of higher education (IHEs), State and 
local service agencies, community rehabilitation programs, correctional 
facilities and programs, and employers) to increase referral of 
students and youth with disabilities to the State VR system for the 
supports and services they need to achieve competitive integrated 
employment;
    (b) Developing and implementing outreach policies and procedures 
using evidence-based and promising practices that ensure that students 
and youth with disabilities in the State are located, identified, and 
evaluated for services; and
    (c) Developing and implementing collaborative and coordinated 
service strategies, such as higher education and training services; and 
internship, apprenticeship, and other work experience services designed 
to increase the number of students and youth with disabilities who are 
served by the State VR agency who obtain competitive integrated 
employment.

Project Activities

    Under this proposed priority, the VRTAC-Y must, at a minimum, 
conduct the following activities:

Knowledge Development Activities

    (a) In the first year, collect information from the literature and 
from existing Federal, State, and other programs on evidence-based and 
promising practices relevant to the work of the VRTAC-Y and make this 
information publicly available in a searchable, accessible, and useful 
format. The VRTAC-Y must review, at a minimum:
    (1) State VR agency State plan descriptions of outreach plans and 
procedures, coordination and collaboration with other agencies, and 
coordination and collaboration with education officials relating to 
students and youth with disabilities;
    (2) State VR agency formal interagency agreements with SEAs for the 
coordination of transition services, including the provision of pre-
employment transition services;
    (3) The results of State VR agency monitoring conducted by RSA, 
when available;
    (4) State VR agency program and performance data; and
    (5) Information on promising practices and VR needs of students and 
youth with disabilities from TA centers that serve relevant public and 
private non-profit agencies, as well as existing RSA and OSEP TA 
centers and RSA and OSEP Parent Training and Information Centers.
    (b) In the first year, conduct a survey of relevant stakeholders 
and VR service providers to identify TA needs that the VRTAC-Y can meet 
and develop a process by which TA solutions can be offered to State VR 
agencies and their partners. The VRTAC-Y must survey, at a minimum:
    (1) State VR agency staff;
    (2) Relevant RSA staff;
    (3) Grantees of the National Institute on Disability, Independent 
Living, and Rehabilitation Research that are researching topics related 
to the work of the VRTAC-Y; and
    (4) Educators or other professionals conducting research on topics 
related to the work of the VRTAC-Y.

Technical Assistance and Dissemination Activities

    (a) Over the five-year grant period, provide intensive TA to a 
minimum of 10 State VR agencies and their associated rehabilitation 
professionals and service providers in the topic areas set out in this 
proposed priority.\1\ In each of the second, third, fourth, and fifth 
years of the project, the VRTAC-Y must provide intensive TA to at least 
two different State VR agencies. Applicants must clearly describe the 
application process and selection criteria for the State VR agencies 
that would receive intensive TA. Such TA must include:
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    \1\ For the purposes of this proposed priority, ``intensive TA'' 
means TA services often provided on-site and requiring a stable, 
ongoing relationship between the TA Center staff and the TA 
recipient. ``TA services'' are defined as a negotiated series of 
activities designed to reach a valued outcome. Intensive TA should 
result in changes to policy, programs, practices, or operations that 
support increased recipient capacity or improved outcomes at one or 
more systems levels.
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    (1) For topic area (a)--
    (i) Identification of key stakeholders in the State or region who 
can improve the State VR agency's ability to perform outreach 
activities and meet the employment and training needs of students and 
youth with disabilities;
    (ii) Effective marketing and outreach to school and community 
services personnel, such as how best to present information about VR 
supports, training, and programming for students and youth with 
disabilities; and
    (iii) How to develop formal and informal service and outreach 
agreements with relevant stakeholders to meet the employment and 
training needs of students and youth with disabilities.
    (2) For topic area (b)--
    (i) How to conduct an analysis and assessment of outreach 
strategies to determine gaps between service delivery systems, as well 
as the need for coordinated services and supports across service 
systems for students and youth with disabilities;
    (ii) How to access and leverage partnerships across agencies and 
service delivery systems to increase the number of students and youth 
with disabilities provided with relevant and accessible information 
regarding services available through the State VR agency.
    (3) For topic area (c)--
    (i) Evidence-based and promising practices in the development and 
implementation of vocational services to meet the employment and 
training needs of students and youth with disabilities;
    (ii) How to incorporate students and youth with disabilities into 
training programs in which they have been historically 
underrepresented; and
    (iii) How to assist students and youth with disabilities in 
accessing customized vocational, occupational, or

[[Page 27871]]

certification training or other career training that is directly 
responsive to employer needs and hiring requirements, including, but 
not limited to, training offered by providers under the Carl D. Perkins 
Career and Technical Education Improvement Act, H-1B Ready to Work 
Partnership Grants, and Trade Adjustment Assistance Community College 
and Career Training Grants, including two-year and four-year IHEs.
    (b) In the first year, develop and refine a minimum of five 
curriculum guides for VR staff training in topics related to the work 
of the VRTAC-Y, which must include:
    (1) Partnership development across service delivery systems for 
purposes of leveraging resources and coordinating supports, services, 
training, and employment opportunities for students and youth with 
disabilities;
    (2) Development, implementation, and dissemination of effective 
model outreach strategies, policies, and procedures to improve access 
for students and youth with disabilities to VR services and supports;
    (3) Development of customized training, other career training, and 
work experience programs for students and youth with disabilities;
    (4) Development and delivery of support services to providers of 
career training programs that facilitate completion of training and 
result in competitive integrated employment for students and youth with 
disabilities; and
    (5) Delivery of support services to employers who hire students and 
youth with disabilities from customized or career training programs or 
who offer internships and work experience opportunities.
    (c) Provide a range of targeted and general TA products and 
services on the topic areas in this proposed priority. Such TA must 
include, at a minimum, the following activities:
    (1) Developing and maintaining a state-of-the-art information 
technology (IT) platform sufficient to support Webinars, 
teleconferences, video conferences, and other virtual methods of 
dissemination of information and TA;

    Note: All products produced by the VRTAC-Y must meet government 
and industry-recognized standards for accessibility, including 
section 508 of the Rehabilitation Act. The VRTAC-Y may either 
develop a new platform or system, or modify existing platforms or 
systems, so long as the requirements of the priority are met.

    (2) Ensuring that all TA products are sent to the National Center 
for Rehabilitation Training Materials, including: course curricula; 
audiovisual materials; Webinars; examples of emerging and best 
practices related to the topic areas in this proposed priority; and any 
other TA products; and
    (3) Providing a minimum of four Webinars or video conferences on 
each of the topic areas in this proposed priority to describe and 
disseminate information about emerging and promising practices in each 
area.

Coordination Activities

    (a) Establish a community of practice for all interested State VR 
agencies that will act as a vehicle for communication, exchange of 
information among State VR agencies and partners, and a forum for 
sharing the results of TA projects that are in progress or have been 
completed. Such community of practice must be focused on partnerships 
across service systems, outreach and identification strategies for 
students and youth with disabilities, and the development and provision 
of vocational services and vocational training to students and youth 
with disabilities.
    (b) Communicate and coordinate, on an ongoing basis, with other 
Department-funded projects and those supported by the Departments of 
Labor and Commerce; and
    (c) Maintain ongoing communications with the RSA project officer.

Application Requirements

    To be funded under this proposed priority, applicants must meet the 
proposed application requirements in this proposed priority. RSA 
encourages innovative approaches to meet these requirements. The 
proposed application requirements are:
    (a) Demonstrate, in the narrative section of the application, under 
``Significance of the Project,'' how the proposed project will--
    (1) Address State VR agencies' capacity to meet the employment and 
training needs of students and youth with disabilities. To meet this 
requirement, the applicant must:
    (i) Demonstrate knowledge of emerging and best practices in 
conducting outreach and providing VR services to students and youth 
with disabilities;
    (ii) Demonstrate knowledge of current applicable Federal statutes 
and regulations, current RSA guidance, and State and Federal 
initiatives designed to improve employment outcomes for students and 
youth with disabilities; and
    (iii) Present information about the difficulties that State VR 
agencies and service providers have encountered in developing and 
implementing effective outreach and service delivery plans for students 
and youth with disabilities; and
    (2) Result in increases in both the number of students and youth 
with disabilities receiving services from State VR agencies and related 
agencies and the number and quality of employment outcomes in 
competitive integrated employment for students and youth with 
disabilities;
    (b) Demonstrate, in the narrative section of the application, under 
``Quality of Project Services,'' how the proposed project will--
    (1) Achieve its goals, objectives, and intended outcomes. To meet 
this requirement, the applicant must provide--
    (i) Measurable intended project outcomes;
    (ii) A plan for how the proposed project will achieve its intended 
outcomes; and
    (iii) A plan for communicating and coordinating with key staff in 
State VR agencies, State and local partner programs, advocates for 
students and youth with disabilities, RSA partners such as the Council 
of State Administrators of Vocational Rehabilitation (CSAVR), the 
National Council of State Agencies for the Blind (NCSAB), and other TA 
Centers and relevant programs within the Departments of Education, 
Labor, and Commerce;
    (2) Use a conceptual framework to develop project plans and 
activities, describing any underlying concepts, assumptions, 
expectations, beliefs, or theories, as well as the presumed 
relationships or linkages among these variables, and any empirical 
support for this framework;
    (3) Be based on current research and make use of evidence-based and 
promising practices. To meet this requirement, the applicant must 
describe--
    (i) The current research on emerging, promising, and evidence-based 
practices in the topic areas in this proposed priority;
    (ii) How the current research about adult learning principles and 
implementation science will inform the proposed TA; and
    (iii) How the proposed project will incorporate current research 
and evidence-based practices in the development and delivery of its 
products and services;
    (4) Develop products and provide services that are of high quality 
and sufficient intensity and duration to achieve the intended outcomes 
of the proposed project. To address this

[[Page 27872]]

requirement, the applicant must describe--
    (i) Its proposed activities to identify or develop the knowledge 
base on emerging and promising practices in the topic areas in this 
proposed priority;
    (ii) Its proposed approach to universal, general TA; \2\
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    \2\ For the purposes of this priority, ``universal, general 
technical assistance'' means TA and information provided to 
independent users through their own initiative, resulting in minimal 
interaction with TA center staff and including one-time, invited or 
offered conference presentations by TA center staff. This category 
of TA also includes information or products, such as newsletters, 
guidebooks, or research syntheses, downloaded from the TA center's 
Web site by independent users. Brief communications by TA center 
staff with recipients, either by telephone or email, are also 
considered universal, general TA.
---------------------------------------------------------------------------

    (iii) Its proposed approach to targeted, specialized TA,\3\ which 
must identify--
---------------------------------------------------------------------------

    \3\ For the purposes of this priority, ``targeted, specialized 
technical assistance'' means TA services based on needs common to 
multiple recipients and not extensively individualized. A 
relationship is established between the TA recipient and one or more 
TA center staff. This category of TA includes one-time, labor-
intensive events, such as facilitating strategic planning or hosting 
regional or national conferences. It can also include episodic, less 
labor-intensive events that extend over a period of time, such as 
facilitating a series of conference calls on single or multiple 
topics that are designed around the needs of the recipients. 
Facilitating communities of practice can also be considered 
targeted, specialized TA.
---------------------------------------------------------------------------

    (A) The intended recipients of the products and services under this 
approach; and
    (B) Its proposed approach to measure the readiness of State VR 
agencies to work with the proposed project, assessing, at a minimum, 
their current infrastructure, available resources, and ability to 
effectively respond to the TA, as appropriate;
    (iv) Its proposed approach to intensive, sustained TA, which must 
identify--
    (A) The intended recipients of the products and services under this 
approach;
    (B) Its proposed approach to measure the readiness of the State VR 
agencies to work with the proposed project including the State VR 
agencies' commitment to the TA initiatives, appropriateness of the 
initiatives, current infrastructure, available resources, and ability 
to respond effectively to the TA, as applicable;
    (C) Its proposed plan for assisting State VR agencies to build 
training systems that include professional development based on adult 
learning principles and coaching; and
    (D) Its proposed plan for developing intensive TA agreements with 
State VR agencies to provide intensive, sustained TA. The plan must 
describe how the intensive TA agreements will outline the purposes of 
the TA, the intended outcomes of the TA, and the measurable objectives 
of the TA that will be evaluated;
    (5) Develop products and implement services to maximize the 
project's efficiency. To address this requirement, the applicant must 
describe--
    (i) How the proposed project will use technology to achieve the 
intended project outcomes; and
    (ii) With whom the proposed project will collaborate and the 
intended outcomes of this collaboration;
    (c) Demonstrate, in the narrative section of the application under 
``Quality of the Evaluation Plan,'' how the proposed project will--
    (1) Measure and track the effectiveness of the TA provided. To meet 
this requirement, the applicant must describe its proposed approach 
to--
    (i) Collecting data on the effectiveness of each TA activity from 
State VR agencies, partners, or other sources, as appropriate; and
    (ii) Analyzing data and determining the effectiveness of each TA 
activity, including any proposed standards or targets for determining 
effectiveness. At a minimum, the VRTAC-Y must analyze data on school 
and service system referrals to State VR agencies and employment 
outcomes of students and youth with disabilities, including type of 
employment, wages, hours worked, weeks of employment, and public 
benefits received;
    (2) Collect and analyze data on specific and measurable goals, 
objectives, and intended outcomes of the project, including measuring 
and tracking the effectiveness of the TA provided. To address this 
requirement, the applicant must describe--
    (i) Its proposed evaluation methodologies, including instruments, 
data collection methods, and analyses;
    (ii) Its proposed standards or targets for determining 
effectiveness;
    (iii) How it will use the evaluation results to examine the 
effectiveness of its implementation and its progress toward achieving 
the intended outcomes; and
    (iv) How the methods of evaluation will produce quantitative and 
qualitative data that demonstrate whether the project and individual TA 
activities achieved their intended outcomes;
    (d) Demonstrate, in the narrative section of the application under 
``Adequacy of Project Resources,'' how--
    (1) The proposed project will encourage applications for employment 
from persons who are members of groups that have historically been 
underrepresented based on race, color, national origin, gender, age, or 
disability, as appropriate;
    (2) The proposed key project personnel, consultants, and 
subcontractors have the qualifications and experience to provide TA to 
State VR agencies and their partners in each of the topic areas in this 
proposed priority and to achieve the project's intended outcomes;
    (3) The applicant and any key partners have adequate resources to 
carry out the proposed activities; and
    (4) The proposed costs are reasonable in relation to the 
anticipated results and benefits;
    (e) Demonstrate, in the narrative section of the application under 
``Quality of the Management Plan,'' how--
    (1) The proposed management plan will ensure that the project's 
intended outcomes will be achieved on time and within budget. To 
address this requirement, the applicant must describe--
    (i) Clearly defined responsibilities for key project personnel, 
consultants, and subcontractors, as applicable; and
    (ii) Timelines and milestones for accomplishing the project tasks;
    (2) Key project personnel and any consultants and subcontractors 
that will be allocated to the project and how these allocations are 
appropriate and adequate to achieve the project's intended outcomes, 
including an assurance that such personnel will have adequate 
availability to ensure timely communications with stakeholders and RSA;
    (3) The proposed management plan will ensure that the products and 
services provided are of high quality; and
    (4) The proposed project will benefit from a diversity of 
perspectives, including those of State and local personnel, TA 
providers, researchers, and policy makers, among others, in its 
development and operation.
    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

[[Page 27873]]

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 proposed 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 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 would 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 Training program have been well 
established over the years through the successful completion of similar 
projects. This proposed priority will better prepare State VR agency 
personnel to assist the students and youth with disabilities who are 
the focus of this priority to achieve competitive integrated employment 
in today's challenging labor market.
    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: May 12, 2015.
Sue Swenson,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2015-11826 Filed 5-14-15; 8:45 am]
 BILLING CODE 4000-01-P