[Federal Register Volume 80, Number 156 (Thursday, August 13, 2015)]
[Rules and Regulations]
[Pages 48443-48449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20011]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2015-OSERS-0069; CFDA Number: 84.264G.]


Final Priority. Rehabilitation Training: Vocational 
Rehabilitation Workforce Innovation Technical Assistance Center

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

[[Page 48444]]


ACTION: Final priority.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services announces a priority under the Rehabilitation 
Training program. The Assistant Secretary may use this priority for 
competitions in fiscal year 2015 and later years. We take this action 
to provide training and technical assistance to State vocational 
rehabilitation agencies to improve services under the State Vocational 
Rehabilitation Services program and State Supported Employment Services 
program for individuals with disabilities, including those with the 
most significant disabilities, and to implement changes to the 
Rehabilitation Act of 1973, as amended by the Workforce Innovation and 
Opportunity Act (WIOA), signed into law on July 22, 2014.

DATES: This priority is effective September 14, 2015.

FOR FURTHER INFORMATION CONTACT: Jerry Elliott, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5021, Potomac Center Plaza 
(PCP), Washington, DC 20202-2800. Telephone: (202) 245-7335 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: Under the Rehabilitation Act of 1973 
(Rehabilitation Act), as amended by the Workforce Innovation and 
Opportunity Act, the Rehabilitation Services Administration (RSA) 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 (TA) 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.
    We published a notice of proposed priority for this competition in 
the Federal Register on June 17, 2015 (80 FR 34579). That notice 
contained background information and our reasons for proposing the 
particular priority. Except for minor revisions, there are no 
differences between the proposed priority and this final priority.
    Public Comment: In response to our invitation in the notice of 
proposed priority, eight parties submitted comments on the proposed 
priority. Generally, we do not address technical and other minor 
changes, or suggested changes the law does not authorize us to make 
under the applicable statutory authority. In addition, we do not 
address general comments that raised concerns not directly related to 
the proposed priorities.
    Analysis of Comments and Changes: An analysis of the comments 
follows.
    Comment: Most of the commenters recommended that we modify the 
priority to establish two centers--one center providing assistance to 
designated State vocational rehabilitation (VR) agencies serving 
individuals who are blind or visually impaired and a second center to 
provide assistance to designated State VR agencies that serve all other 
individuals with disabilities. In the alternative, these commenters 
recommended that if the Office of Special Education and Rehabilitative 
Services (OSERS) decides to fund only one center, the final priority 
should earmark funds and require, directly or through contract or other 
arrangement, qualified TA staff to address the unique needs of 
professionals serving individuals with blindness.
    The commenters stated that these recommendations are consistent 
with section 101(a)(2)(A) of the Rehabilitation Act, which authorizes 
States to designate a State agency to provide VR services to 
individuals who are blind or visually impaired, as well as a designated 
State agency to provide VR services to all other individuals with 
disabilities. If a second center were established to serve individuals 
who are blind or visually impaired, such action would recognize that 
these agencies and the clientele they serve deserve the same quality, 
level, and intensity of TA provided to designated State agencies that 
serve all other individuals with disabilities.
    Discussion: RSA recognizes that the Rehabilitation Act authorizes a 
State to designate a separate VR agency to serve individuals who are 
blind or visually impaired, and agrees that these agencies deserve the 
same quality, level, and intensity of TA provided to State agencies 
that serve all other individuals with disabilities.
    However, we believe the priority as written provides TA of the same 
quality, level, and intensity to all State VR agencies, regardless of 
type. All 80 State VR agencies (including the 24 separate State VR 
agencies for individuals who are blind or visually impaired) will be 
able to receive universal, general TA, as well as targeted, specialized 
TA for the five topic areas of responsibility outlined for the 
Workforce Innovation Technical Assistance Center (WITAC). Likewise, all 
80 agencies may apply for intensive TA for the five topic areas of 
responsibility outlined for the WITAC. Intensive TA is intended to be 
individualized to the needs of the requesting State VR agency and 
driven by an agreement between the State VR agency requesting the 
intensive TA and the WITAC.
    In general, the five topic areas pertain to new requirements of 
WIOA, which apply to all States and to all State VR agencies, and thus 
do not necessitate separate TA centers for agencies serving individuals 
who are blind or visually impaired. While implementation strategies and 
responsibilities of State VR agencies in States where two State VR 
agencies exist may differ somewhat depending on their negotiated 
responsibilities within the State, these differences can be addressed 
through the negotiated intensive TA agreement.
    Additionally, we decline to set aside a portion of the funds for TA 
to the State VR agencies for individuals who are blind or visually 
impaired. As outlined above, we believe that all TA provided by the 
WITAC will be beneficial to State VR agencies regardless of the 
population that they serve, and a set-aside may result in an 
inefficient allocation of funds.
    Changes: None.
    Comment: One commenter stated that the WITAC appears to cover an 
extremely broad spectrum of issues, such as: Pre-employment transition 
services, compliance with section 511 of the Rehabilitation Act, 
competitive integrated employment strategies, integration into the 
State workforce development system, and transition to new performance 
accountability measures. The commenter was concerned about the degree 
to which the center will be able to provide meaningful guidance and 
assistance across such a wide range of topics to VR agencies 
nationwide, as well as about how this will mesh with the efforts of the 
Job Driven Vocational Rehabilitation Technical Assistance Center 
(JDVRTAC) and other planned instruments for assistance.
    Discussion: We agree that the WITAC covers a broad spectrum of 
topics, but we believe that this will not be an obstacle to effective 
TA or produce

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unnecessary duplication with the work of the JDVRTAC. Rather, the 
common thread among the TA topics is that they all address changes 
required by WIOA. Further, because some topic areas are interrelated in 
pursuit of WIOA goals, we believe that it is reasonable for the WITAC 
to provide TA in each of these topic areas. The applicant will be 
required to describe how the center will be staffed and will provide 
the expertise to address all of the five topic areas in this priority. 
Finally, the WITAC and the JDVRTAC are cooperative agreements, which 
allow for oversight, coordination, and direction of project activities 
by RSA through the terms of the cooperative agreements. In sum, we 
believe that the benefits of having these WIOA-related TA topics housed 
together in a single center outweigh any disadvantages.
    Changes: None.
    Comment: One commenter noted that, as with the JVRDTAC, it would 
appear that TA classified as ``intensive'' would be available to a 
relatively small number of agencies nationally (approximately 23). The 
commenter suggested that criteria for selection of these sites be 
included in the scope of the WITAC.
    Discussion: We disagree. The intent is to allow State VR agencies 
to request TA tailored to meet their individual needs (within the 
content of one or more of the five topic areas). We therefore do not 
want to create in the priority a rigid, one-size-fits-all set of 
criteria for all requests.
    Further, as to the appropriate distribution of TA, the applicant 
will be required to describe its plan for recruiting and selecting 
State VR agencies as part of the application. After the grant is 
awarded, RSA will modify the required number of agencies to receive 
intensive TA, if needed, through the cooperative agreement.
    Changes: None.
    Comment: One commenter stated that the type of assistance to be 
provided under topic area (d) (integration of the State VR program into 
the workforce development system) and under topic area (e) (transition 
to new common performance accountability system and its required data 
elements) is unclear, and the commenter recommended that this 
assistance be consistent with the guidance and TA that the U.S. 
Departments of Labor (DOL) and Education, as well other WIOA core 
partners, provide to their own State entities. The commenter also 
recommended that assistance in developing contractual agreements for 
WIOA partnerships be included.
    Discussion: We recognize that some of the topic areas may seem 
broad in their wording. However, this is intentional. Given the range 
of issues that we expect State VR agencies may experience as they begin 
to implement WIOA, we believe it is important to provide the WITAC with 
broader areas of focus, so that the center can effectively respond to 
the needs of the field.
    We also agree that the TA provided by the WITAC needs to be 
consistent with the guidance and TA provided by RSA, DOL, and other 
WIOA core partners. As such, collaboration and coordination with other 
partners and TA efforts is required in the priority and will be ensured 
through mechanisms described in the cooperative agreement. The WITAC is 
also charged with gathering guidance and TA materials from these 
sources, and the WITAC may provide TA jointly with partners or partner 
TA centers as WIOA implementation efforts move forward.
    As part of the TA to be provided in the ``integration of the State 
VR program into the workforce development system'' topic area, the 
WITAC can provide assistance to States in developing contractual 
agreements for WIOA partnerships. The applicant will have to describe 
how it will collect and disseminate contracts, related policies, and 
other information about State VR agency efforts with regard to 
implementation of WIOA's requirements as part of the knowledge 
development requirements in the priority.
    Changes: None.
    Comment: One commenter stated that specific guidance and TA on 
reporting requirements for both fiscal and programmatic changes 
(particularly pre-employment transition services), changes to the Case 
Service Report (RSA-911) data reporting, and data sharing with other 
WIOA core partners are essential to optimal implementation of WIOA. In 
addition, the commenter recommended that this guidance be provided as 
quickly and specifically as possible to allow States to restructure and 
implement the new requirements for data collection and service 
delivery.
    Discussion: We agree that specific guidance for reporting 
requirements, including RSA-911 reporting changes and data sharing with 
other WIOA core partners, is essential to the implementation of WIOA. 
We also agree that guidance in these areas is needed as soon as 
possible.
    However, it is not the responsibility of the WITAC to develop the 
guidance on these issues. That responsibility lies with the Federal 
agencies. The WITAC, on the other hand, will assist State VR agencies 
in implementing these new requirements as soon as practicable after the 
guidance is available. The WITAC will also provide TA to State VR 
agencies on how to use performance results to improve agency 
performance.
    Changes: None.
    Comment: One commenter asked how much guidance will be provided in 
development of Unified or Combined State Plans and how the timing of 
this assistance will mesh with the established deadline of March 2016 
for Unified or Combined State Plan submissions. The commenter also 
asked if there will be a separate TA mechanism for this aspect of WIOA 
implementation.
    Discussion: TA on these topics can be conducted through the WITAC 
as part of the activities related to the integration of the VR program 
into the workforce development system. Even though this is an area of 
major change, the content of the Unified or Combined State Plans is 
related to the implementation activities of many parts of WIOA. At this 
time, RSA is not planning any further investments under this program 
for TA on Unified or Combined State Plans.
    We recognize that States are required to submit their Unified or 
Combined State Plans by March 2016. However, given the expected award 
date of this cooperative agreement, and the time that the WITAC will 
need to set up and onboard the necessary staff, we do not think it is 
reasonable to expect the WITAC to be able to provide intensive TA to a 
large number of States prior to the March 2016 submission deadline. 
However, RSA is committed to ensuring that States have the resources 
that they need to complete these plans, and will work with the WITAC to 
prioritize TA resources as needed when the award is made.
    Changes: None.
    Comment: One commenter recommended establishment of a WITAC after 
State VR agencies and others have had a reasonable time to digest WIOA 
and the final regulations so as to have a clear idea of the TA that 
would be needed. The commenter recommended delaying implementation of a 
WITAC until 2016.
    Discussion: We disagree that implementation of the WITAC should be 
postponed until 2016. Based on RSA's experience, it will take a new TA 
center about one year to gather and develop information on existing and 
emerging practices that could relate to the implementation of WIOA in 
the five topic areas assigned to the WITAC. Regulations will be final 
during that time. Additionally, given the likely award date, we do not 
expect any intensive TA agreements to begin until

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2016, and to have the center start from scratch in 2016 would likely 
delay the implementation of intensive TA agreements until 2017.
    Changes: None.
    Comment: One commenter stated that, while the list of specific TA 
topic areas is a good list, there ought to be flexibility for State VR 
agencies and the WITAC to deviate from the stated TA topic areas if 
they find themselves in need of WIOA TA on other topics.
    Discussion: We believe that the list of WIOA topic areas is 
sufficiently broad to encompass TA on WIOA requirements, except for 
those requirements relating to employer engagement, services to 
employers, and knowledge of the 21st century workforce. These aspects 
of WIOA are primarily the purview of the JDVRTAC, with which the WITAC 
will be required to coordinate through the cooperative agreements of 
both centers.
    Taking the WITAC and the JDVRTAC together, we believe that TA needs 
emerging from WIOA implementation can be subsumed under one or more 
topic areas of these centers.
    Changes: None.
    Comment: One commenter suggested that, in order to avoid 
duplication and stretching of resources, the WITAC should look to 
existing effective communities of practice that could meet identified 
TA needs in various areas before establishing a new one.
    Discussion: We agree that avoiding duplication and prudent use of 
resources is important, and nothing in the current priority prohibits 
the use of existing communities of practice. Indeed, cross-posting 
materials on multiple, disparate communities of practice could be a 
useful tool for expanding the reach of the WITAC. However, we also 
believe a dedicated forum relating to the work of the WITAC will be a 
valuable resource for State VR staff and may help to bring together 
staff who would otherwise not collaborate on independent communities of 
practice.
    Changes: None.
    Final Priority:
    The purpose of this priority is to fund a cooperative agreement to 
establish a Vocational Rehabilitation Workforce Innovation Technical 
Assistance Center (WITAC). The focus of this priority is to provide 
training and technical assistance (TA) to State vocational 
rehabilitation (VR) agencies on the new statutory requirements imposed 
by WIOA.
    The WITAC is designed to achieve, at a minimum, the following 
outcomes:
    (a) Implementation of effective and efficient ``pre-employment 
transition services'' for students with disabilities, as set forth in 
section 113 of the Rehabilitation Act;
    (b) Implementation by State VR agencies, in coordination with local 
and State educational agencies and with the Department of Labor, of the 
requirements in section 511 of the Rehabilitation Act that are under 
the purview of the Department of Education;
    (c) Increased access to supported employment and customized 
employment services for individuals with the most significant 
disabilities, including youth with the most significant disabilities, 
receiving services under the State VR and Supported Employment 
programs;
    (d) An increased percentage of individuals with disabilities who 
receive services through the State VR agency and who achieve employment 
outcomes in competitive integrated employment;
    (e) Improved collaboration between State VR agencies and other core 
programs of the workforce development system; and
    (f) Implementation of the new common performance accountability 
system under section 116 of WIOA.
Topic Areas
    The WITAC will develop and provide training and TA to State VR 
agency staff and related rehabilitation professionals and service 
providers in five topic areas related to changes made by WIOA:
    (a) Provision of pre-employment transition services to students 
with disabilities and supported employment services to youth with 
disabilities;
    (b) Implementation of the requirements in section 511 of the 
Rehabilitation Act that are under the purview of the Department of 
Education;
    (c) Provision of resources and strategies to help individuals with 
disabilities achieve competitive integrated employment, including 
customized employment and supported employment;
    (d) Integration of the State VR program into the workforce 
development system; and
    (e) Transition to the new common performance accountability system 
under section 116 of WIOA, including the collection and reporting of 
common data elements.
Project Activities
    To meet the requirements of this priority, the WITAC must, at a 
minimum, conduct the following activities:
Knowledge Development Activities
    (a) In the first year, collect information from the literature and 
from existing State and Federal programs about evidence-based and 
promising practices relevant to the work of the WITAC and make this 
information publicly available in a searchable, accessible, and useful 
format. The WITAC must review, at a minimum:
    (1) Literature on evidence-based and promising practices relevant 
to the work of the WITAC;
    (2) The results of State VR agency monitoring conducted by RSA;
    (3) State VR agency program and performance data;
    (4) Department of Education and Department of Labor policies and 
guidance on program changes made by WIOA and implementation of those 
changes; and
    (5) Any existing State VR agency memoranda of understanding (MOUs) 
or agreement (MOAs) related to the work of the WITAC.
    (b) In the first year, conduct a survey of relevant stakeholders 
and VR service providers to identify workforce development TA needs and 
a process by which TA solutions can be offered to State VR agencies and 
their partners. The WITAC must survey, at a minimum:
    (1) State VR agency staff;
    (2) Relevant RSA staff; and
    (3) Other stakeholders, including stakeholders from the transition 
and special education community, the workforce development community, 
and the rehabilitation community.
    (c) Develop and refine one or more curriculum guides for VR staff 
training for each of the topic areas listed in the Topic Areas section 
of this priority.
Technical Assistance and Dissemination Activities
    (a) Provide intensive, sustained TA \1\ to a minimum of 23 State VR 
agencies and their associated rehabilitation professionals and service 
providers in the topic areas set out in this priority. The WITAC must 
provide intensive, sustained TA to a minimum of two agencies in the 
first year of the project and to a minimum of seven additional agencies 
per year in the second, third, and fourth years of the project. These

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are minimum requirements, and the expectation is that intensive, 
sustained TA will be provided, to the extent funds are available, to 
all of the State VR agencies that request intensive, sustained TA. This 
TA must include:
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    \1\ For the purposes of this priority, ``intensive, sustained 
technical assistance'' means TA services often provided on-site and 
requiring a stable, ongoing relationship between the TA center staff 
and the TA recipient. ``Technical assistance services'' are defined 
as negotiated series of activities designed to reach a valued 
outcome. This category of TA should result in changes to policy, 
program, practice, 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), how to--
    (i) Develop, manage, and implement effective pre-employment 
transition services to improve the transition of students with 
disabilities from secondary to postsecondary education and employment;
    (ii) Coordinate pre-employment transition services with transition 
services provided under IDEA; and
    (iii) Develop and implement supported employment services for youth 
with the most significant disabilities;
    (2) For topic area (b):
    (i) How to provide career-related counseling, information, and 
referral services to individuals entering and continuing employment at 
subminimum wages; and
    (ii) How to implement documentation requirements for youth with 
disabilities seeking employment at subminimum wage, in accordance with 
section 511 of the Rehabilitation Act;
    (3) For topic area (c), how to design and implement new services 
and new roles and responsibilities among partner agencies to increase 
the percentage of individuals achieving competitive integrated 
employment and to meet the supported employment and customized 
employment requirements of the Rehabilitation Act;
    (4) For topic area (d), how to develop model relationships between 
State VR agencies and other core programs of the workforce development 
system for purposes of implementing the requirements of title I of 
WIOA, especially those requirements related to integration of core 
programs into the workforce development system; and
    (5) For topic area (e), how to effectively transition to the new 
common performance accountability system required in section 116 of 
WIOA and use performance results to implement programmatic changes to 
improve agency performance.
    (b) Provide a range of targeted, specialized TA \2\ and universal, 
general TA \3\ products and services on the topic areas in this 
priority. This TA must include, at a minimum, the following activities:
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    \2\ 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.
    \3\ 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.
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    (1) Establishing 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 WITAC must meet government- and 
industry-recognized standards for accessibility, including section 
508 of the Rehabilitation Act.

    (2) Developing and maintaining a state-of-the-art archiving and 
dissemination system that--
    (i) Provides a central location for later use of TA products, 
including course curricula, audiovisual materials, Webinars, examples 
of emerging and best practices for the topic areas in this priority, 
and any other TA products; and
    (ii) Is open and available to the public.

    Note:  In meeting the requirements for (b)(1) and (2) above, the 
WITAC may either develop new platforms or systems or may modify 
existing platforms or systems, so long as the requirements of this 
priority are met.

    (3) Providing a minimum of two Webinars or video conferences over 
the course of the project on each of the topic areas in this priority 
to describe and disseminate information about emerging and best 
practices in each area.
Coordination Activities
    (a) Establish one or more communities of practice that focus on the 
topic areas in this priority and that act as vehicles for communication 
and exchange of information among State VR agencies and partners, 
including the results of TA projects that are in progress or have been 
completed;
    (b) Communicate, collaborate, and coordinate, on an ongoing basis, 
with other relevant Department-funded projects and those supported by 
the Social Security Administration (SSA) and the Departments of Labor, 
Health and Human Services, and Commerce; and
    (c) 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 requirements in this priority. RSA encourages innovative 
approaches to meet these requirements, which are to:
    (a) Demonstrate, in the narrative section of the application under 
``Significance of the Project,'' how the proposed project will address 
State VR agencies' capacity to implement the requirements of WIOA. To 
meet this requirement, the applicant must:
    (1) Demonstrate knowledge of current RSA guidance and State and 
Federal initiatives designed to improve engagement with the workforce 
development system and workforce development system partners;
    (2) Demonstrate knowledge of current State VR agency and other 
efforts to improve engagement with secondary schools, youth programs, 
and other programs that provide services to youth with disabilities for 
the purpose of assisting such youth to enter postsecondary education or 
competitive integrated employment; and
    (3) Demonstrate knowledge of current State VR agency efforts to 
engage with State Medicaid, developmental disability, and mental health 
agencies to develop agreements and provide services leading to 
competitive integrated employment, including supported employment and 
customized employment.
    (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, collaborating, and coordinating 
with key staff in State VR agencies; State and local partner programs; 
RSA partners, such as the Council of State Administrators of Vocational 
Rehabilitation, the National Association of State Directors of Special 
Education, the National Council of State Agencies for the Blind, and 
other TA centers; and relevant programs within SSA and the Departments 
of Education, Labor,

[[Page 48448]]

Health and Human Services, 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 
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 TA; 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 activities to identify or develop the knowledge 
base on emerging and promising practices in the five topic areas listed 
in the Topic Areas section of this priority;
    (ii) Its proposed approach to universal, general TA;
    (iii) Its proposed approach to targeted, specialized TA, which must 
identify--
    (A) The intended recipients of the products and services under this 
approach; and
    (B) Its proposed approach to measure the capacity and 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 initiative, fit of the initiative, current 
infrastructure, available resources, and ability to effectively respond 
to the TA, as appropriate;
    (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 agreements with State VR 
agencies to provide intensive, sustained TA. The plan must describe how 
the 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 effectiveness of each TA 
activity, 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 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 
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 
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 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

[[Page 48449]]

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.
    Through this priority, State VR agencies will receive TA to improve 
the quality of VR services and the competitive integrated employment 
outcomes achieved by individuals with disabilities, which ultimately 
will increase the percentage of individuals with disabilities who 
receive services through the State VR agencies who achieve competitive 
integrated employment outcomes. This priority would promote the 
efficient and effective use of Federal funds.
    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: August 7, 2015.
Michael K. Yudin,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2015-20011 Filed 8-12-15; 8:45 am]
 BILLING CODE 4000-01-P