[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Proposed Rules]
[Pages 30399-30403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12824]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2015-OSERS-0048]


Proposed Priority--Technical Assistance Center for Vocational 
Rehabilitation Agency Program Evaluation and Quality Assurance

[CFDA Number: 84.263B.]
AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Proposed priority.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services proposes a priority under the Experimental and 
Innovative Training program. The Assistant Secretary may

[[Page 30400]]

use this priority for competitions in fiscal year (FY) 2015 and later 
years. We take this action to focus Federal financial assistance on an 
identified national need. We intend the priority to support a Training 
and Technical Assistance Center for Vocational Rehabilitation Agency 
Program Evaluation and Quality Assurance (PEQA).

DATES: We must receive your comments on or before June 29, 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 Don Bunuan, U.S. Department of Education, 400 Maryland Avenue 
SW., Room 5046, 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: Don Bunuan. Telephone: (202) 245-6616 
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 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 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 this notice 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.
    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: This program is designed to (a) develop new 
types of training programs for rehabilitation personnel and to 
demonstrate the effectiveness of these new types of training programs 
for rehabilitation personnel in providing rehabilitation services to 
individuals with disabilities; and (b) develop new and improved methods 
of training rehabilitation personnel so that there may be a more 
effective delivery of rehabilitation services by State and other 
rehabilitation agencies.
    Program Authority: 29 U.S.C. 772(a)(1).
    Applicable Program Regulations: 34 CFR parts 385 and 387.
    Proposed Priority:
    This notice contains one proposed priority.
    Training and Technical Assistance Center for Vocational 
Rehabilitation Agency Program Evaluation and Quality Assurance (PEQA).
    Background:
    Federal agencies are increasingly being called upon to implement 
accountability systems designed to assess and improve the effectiveness 
and efficiency of the programs they administer. Legislation such as the 
Government Performance and Results Act of 1993 (GPRA) and the GPRA 
Modernization Act of 2010 have provided a performance management 
framework that holds Federal agencies accountable for achieving program 
results.
    The recently enacted Workforce Innovation and Opportunity Act 
(WIOA) made major changes to improve accountability for performance of 
the core programs of the Federal workforce system, including the State 
Vocational Rehabilitation (VR) Services program. In particular, WIOA 
amendments to section 106 of the Rehabilitation Act eliminate the VR 
program's evaluation standards and indicators and make the program 
subject to the common performance accountability measures, established 
in section 116(b) of WIOA, that are applicable to all core programs of 
the workforce development system.
    In addition to required evaluation activities under the 
Rehabilitation Act, section 116(e)(1) of WIOA requires States, in 
coordination with local boards and the State agencies responsible for 
the administration of the core programs, to conduct ongoing evaluations 
of activities carried out under such programs ``in order to promote, 
establish, implement, and utilize methods for continuously improving 
core program activities in order to achieve high-level performance 
within, and high-level outcomes from, the workforce development 
system.''
    To carry out the WIOA performance accountability and evaluation 
requirements, State VR agencies will need to build their capacity to 
develop and evaluate methods to achieve high-level performance and 
program outcomes, including the effective and efficient use of program 
resources. In particular, State VR agencies will need personnel with 
the knowledge and skills to improve agency performance management 
systems through rigorous program evaluation and the implementation of 
quality assurance systems.
    In anticipation of the increased focus on improving performance 
management, in 2011, the 36th Institute on Rehabilitation Issues (IRI) 
study group recommended that (1) the Rehabilitation Services 
Administration (RSA) work with the rehabilitation field to improve 
performance management systems and tools, and (2) State agencies 
embrace continuous improvement practices to properly inform public 
policy development and measurement of effectiveness (IRI, 2011). The 
36th IRI described how bolstering program evaluation and quality 
assurance within State agencies could improve the quality of service 
delivery and better achieve successful employment for VR consumers. For 
example, trained evaluators could provide agencies with valuable data 
and analysis to use in

[[Page 30401]]

planning and forecasting, to tailor training to meet the needs of 
staff, to evaluate staff performance, to respond to policy initiatives, 
and to monitor overall performance of the agency. As a result, State VR 
agencies will be more accountable, efficient, and successful.
    The demand for program evaluation and quality assurance skill 
development is also evidenced by the growing number of grassroots 
communities of practice. These communities of practice, which usually 
consist of VR agency staff, have identified that one of the greatest 
needs of State VR agencies is structured program evaluation training 
specifically tailored for existing staff.
    For State VR agencies, a workforce with skills focused on 
performance evaluation and quality assurance is essential. There is a 
demonstrated interest and need in the field for additional, structured 
training opportunities for new and existing State VR agency staff, and 
RSA believes a training and technical assistance center would be 
ideally suited to meet this need.
    Reference:
    Institute on Rehabilitation Issues (2011). Performance management: 
Program evaluation and quality assurance in vocational rehabilitation. 
Hot Springs, AR: University of Arkansas CURRENTS.
    Proposed Priority:
    The purpose of this proposed priority is to fund a cooperative 
agreement for a training and technical assistance center that will 
assist State vocational rehabilitation (VR) agencies to improve 
performance management by building their capacity to carry out high 
quality program evaluations and quality assurance practices that 
promote continuous program improvement.
    The Training and Technical Assistance Center for Program Evaluation 
and Quality Assurance (PEQA) will assist State VR agencies in building 
this capacity through professional education and training of vocational 
rehabilitation evaluators. To this end, PEQA will:
    (a) Provide educational opportunities for State VR staff from 
recognized experts in program evaluation and quality assurance;
    (b) Develop interagency collaboration networks and work teams 
committed to the improvement of quality assurance systems and tools; 
and
    (c) Deliver technical, professional, and continuing educational 
support to State VR program evaluators.
    Project Activities:
    To meet the requirements of this priority, the PEQA must, at a 
minimum, conduct the following activities:
    Basic Certification Program:
    (a) Develop a one-year certificate program in VR program evaluation 
that will result in increasing the numbers and qualifications of 
program evaluators in State VR agencies. At a minimum, this certificate 
program must:
    (1) Be designed to develop key competencies necessary for 
successful implementation of program evaluation and quality assurance 
activities, including, but not limited to:
    (i) Knowledge of the State-Federal VR program;
    (ii) Data collection methodologies;
    (iii) Data analysis and interpretation;
    (iv) Making evaluative judgments and recommendations;
    (v) Effective communication of results (including presentations, 
drafting reports, and building partnerships); and
    (vi) Ethical practice.
    (2) Be responsive to the prior knowledge and skills of 
participants;
    (3) Incorporate adult learning principles and opportunities for 
practice into training;
    (4) Be delivered through multiple modalities and in an accessible 
format;
    (5) Assess, at regular intervals, the progress of training 
participants toward attainment of the key competencies; and
    (6) Require the completion of a capstone project in order to 
successfully complete the program. The capstone project must:
    (i) Be completed within one year of the completion of formal 
coursework for the certificate program;
    (ii) Be conducted on a topic responsive to the needs of the State 
VR agency and agreed to by the PEQA, the participant, and the State VR 
agency; and
    (iii) Be completed as part of the normal work duties of the 
participant in the State VR agency.
    (7) Be provided at no cost to participants, excluding travel and 
per diem costs, which may be provided by the sponsoring agency.
    (b) Provide training through the certificate program to a cohort of 
eight to ten working professionals in each year of the project.
    (c) Select participants for the certificate program based, in part, 
on the considered recommendation of their employing State VR agencies.
    Special Topical Training:
    (a) Develop a series of special training opportunities for 
intermediate-level program evaluators. These training opportunities 
must, at a minimum:
    (1) Be designed to develop higher-level knowledge, skills, and 
abilities of program participants;
    (2) Be focused on a range of topics determined by the PEQA with 
input from State VR agencies and other relevant groups or 
organizations;
    (3) Provide opportunities for hands-on application of the 
competencies discussed in the trainings;
    (4) Be of sufficient duration and intensity to ensure that 
participants obtain the competencies discussed in the trainings; and
    (5) Assess the progress of program participants in attaining the 
competencies discussed in the trainings.

    Note: For purposes of this priority, an ``intermediate-level 
program evaluator'' is a program evaluator working for a State VR 
agency with the knowledge, skills, and abilities typically expected 
of a professional who has been in such a position for at least five 
years.


    (b) Conduct no fewer than four special training opportunities each 
year of the project.
    Coordination Activities:
    (a) Establish a community of practice that will act as a vehicle 
for communication, exchange of information among program evaluation 
professionals, and a forum for sharing the results of capstone projects 
that are in progress or have been completed. This community of practice 
must be focused on challenges facing project evaluation professionals 
and the development of key competencies to address such challenges;
    (b) Maintain a Web site that, at a minimum:
    (1) Provides a central location for later reference and use of 
capstone projects, resources from special training opportunities, and 
other relevant materials; and
    (2) Ensures peer-to-peer access between State VR project evaluation 
professionals.
    (c) Communicate and coordinate, on an ongoing basis, with other 
relevant Department-funded projects and those supported by the 
Departments of Labor, Commerce, and Health and Human Services; and
    (d) Maintain ongoing communication with the RSA project officer and 
other RSA staff as required.
    Application Requirements:
    To be funded under this priority, applicants must meet the 
application and administrative requirements in this priority. RSA 
encourages innovative approaches to meet these requirements, which 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 conduct high quality 
program evaluation and data analysis

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activities. To address this requirement, the applicant must:
    (i) Demonstrate knowledge of emerging and best practices in program 
evaluation and quality assurance;
    (ii) Demonstrate knowledge of current State VR and other efforts 
designed to improve evaluation and performance management practices.
    (2) Increase the number of program evaluators working in State VR 
agencies who have obtained a certificate in their field of work and the 
number and quality of program evaluation activities performed by State 
VR agencies.
    (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 relevant 
training programs and communities of practice, State VR agencies, and 
other RSA partners.
    (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 
practices. To meet this requirement, the applicant must describe:
    (i) How the current research about adult learning principles and 
implementation science will inform the proposed training; and
    (ii) 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 requirement, the applicant 
must describe--
    (i) Its proposed curriculum for a certificate program for VR 
evaluation professionals;
    (ii) Its proposed plan for recruiting and selecting trainees for 
the certification program;
    (iii) Its proposed plan for collecting information on the impact of 
capstone projects;
    (iv) Its proposed plan for identifying, selecting and addressing 
the special topical program evaluation and quality assurance related 
training needs of State VR agency staff;
    (v) Its proposed plan for annual follow-up with participants in 
special training opportunities;
    (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 training provided. 
To meet this requirement, the applicant must describe its proposed 
approach to--
    (i) Collecting data on the effectiveness of training activities;
    (ii) Analyzing and reporting data on the effectiveness of training, 
including any proposed standards or targets for determining 
effectiveness;
    (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 training 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 
training 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 traditionally 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 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 
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, technical 
assistance 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 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)).

[[Page 30403]]

    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.
    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 would 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 their 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 a grant under the Rehabilitation Training program 
have been established over the years through the successful completion 
of similar training projects funded for the purpose of improving the 
skills of State VR agency staff. The proposed priority would 
specifically improve the skills of State VR agency evaluators. A 
project of this type will be particularly beneficial to State VR 
agencies in this era of increased emphasis on accountability and 
program results.
    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 21, 2015.
Sue Swenson,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2015-12824 Filed 5-27-15; 8:45 am]
BILLING CODE 4000-01-P