[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Proposed Rules]
[Pages 21808-21814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08492]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2016-OSERS-0022; CFDA Number: 84.421B.]


Proposed Priorities, Requirements, and Definitions--Disability 
Innovation Fund--Transition Work-Based Learning Model Demonstrations

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

ACTION: Proposed priorities, requirements, and definitions.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services proposes priorities, requirements, and 
definitions under the Disability Innovation Fund (DIF) Program. The 
Assistant Secretary may use these priorities, requirements, and 
definitions for competitions in fiscal year (FY) 2016 and later years. 
The Assistant Secretary takes this action to identify, develop, 
implement, and evaluate effective work-based learning models that will 
help students with disabilities prepare for postsecondary education and 
competitive integrated employment. The models must be delivered through 
a coordinated system of transition services.

DATES: We must receive your comments on or before May 13, 2016.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or by 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 the ``Help'' tab.
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about these proposed regulations, address 
them to RoseAnn Ashby, U.S. Department of Education, 400 Maryland 
Avenue SW., Room 5057, Potomac Center Plaza (PCP), Washington, DC 
20202-5076.

    Privacy Note:  The U.S. Department of Education's (Department) 
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

[[Page 21809]]

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: RoseAnn Ashby, telephone: (202) 245-
7258, 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 priorities, requirements, and 
definitions, we urge you to identify clearly the specific section of 
the proposed priority, requirement, or definition 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 these 
proposed priorities, requirements, and definitions. 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 www.regulations.gov. You may 
also inspect the comments in person in room 5057, 550 12th Street SW., 
PCP, Washington, DC 20202-5076, 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: The purpose of the DIF Program, as provided by 
the Consolidated Appropriations Act, 2015 (Pub. L. 113-235), is to 
support innovative activities aimed at improving the outcomes of 
``individuals with disabilities,'' as defined in section 7(20)(A) of 
the Rehabilitation Act of 1973, as amended (Rehabilitation Act) (29 
U.S.C. 705(20)(A)).
    Program Authority: Consolidated Appropriations Act, 2015 (Pub. L. 
113-235).
    PROPOSED PRIORITIES: This document contains three proposed 
priorities.
    Background:
    Despite emphasis on providing transition services under the 
Individuals with Disabilities Education Act (IDEA) and Rehabilitation 
Act, students with disabilities continue to face challenges as they 
transition from school to post-school activities, including 
postsecondary education and competitive integrated employment. These 
students often have lower high school graduation rates, lower 
postsecondary enrollment rates, and higher unemployment rates than 
their peers without disabilities (Leucking & Leucking, 2015).
    To address these concerns, the Workforce Innovation and Opportunity 
Act of 2014 (WIOA) strengthened the emphasis on providing services and 
supports to students and other youth with disabilities to achieve 
competitive integrated employment. For example, the Rehabilitation Act, 
as amended by WIOA, not only expands the population of students with 
disabilities who may receive services but also broadens the scope of 
services and supports that State vocational rehabilitation (VR) 
agencies may provide to students with disabilities who are 
transitioning from secondary school to postsecondary education and 
employment.
    In particular, new section 113 of the Rehabilitation Act requires 
that pre-employment transition services, including work-based learning 
experiences, job exploration counseling, workplace readiness training, 
counseling on opportunities for enrollment in comprehensive transition 
or postsecondary educational programs at institutions of higher 
education, and instruction in self-advocacy, be made available to 
students with disabilities who are eligible or potentially eligible for 
services under the State VR services program. To ensure that pre-
employment transition services improve outcomes for students with 
disabilities, State VR agencies will require models of effective 
interventions that can be tailored to meet the diverse needs of these 
students across the Nation.
    The body of literature on transition services identifies work-based 
learning as a key component in improving outcomes for youth with 
disabilities. Work-based learning links knowledge gained through work 
with classroom or related instruction. Work-based learning experiences 
range in intensity, structure, and scope, and consist of a diverse set 
of activities such as site visits, job shadowing, paid and unpaid 
internships, and apprenticeships. Under section 113 of the 
Rehabilitation Act, work-based learning experiences provided to 
students with disabilities through the State VR services program may 
include in-school or after-school opportunities or experiences outside 
the traditional school setting, such as internships, that are provided 
in an integrated environment to the maximum extent possible.
    Research has shown a strong relationship between work experiences 
during secondary school, particularly paid employment, and post-school 
employment for youth with disabilities. These experiences provide 
exposure to a range of career options that are otherwise typically 
limited for youth with disabilities. Work-based learning has long been 
shown to improve students' self-esteem, to teach and reinforce basic 
academic and technical skills, to promote an understanding of workplace 
culture and expectations, and to develop a network for future jobs 
searches (Luecking, 2009).
    According to the National Collaborative on Workforce and Disability 
for Youth, quality work-based learning experiences are structured, 
appropriate to the age and stage of life of the individual, provide 
exposure to a wide range of work sites, and involve youth in choosing 
their experiences.
    The Department therefore believes that providing effective work-
based learning experiences in integrated settings, with coordination 
among State VR agencies, State and local educational agencies, and 
other key partners, can improve post-school outcomes for students with 
disabilities. However, additional evidence is needed to identify and 
develop interventions and strategies that provide effective work-based 
learning experiences in integrated settings and the conditions and 
circumstances under which interventions are most effective in improving 
competitive integrated employment outcomes for students with 
disabilities, especially the coordination of efforts with key partners 
that are necessary for the success of such interventions.
    Through the DIF Program, the Department has the opportunity to 
award cooperative agreements to identify and demonstrate work-based 
learning interventions for students with disabilities that are 
supported by evidence and will be rigorously evaluated. We believe that 
the best

[[Page 21810]]

evidence will come from model demonstrations carried out at the local 
level by State VR agencies in coordination with State and local 
educational agencies and other local partners. The priorities, 
requirements, and definitions proposed in this notice will better 
enable the Department to direct funds to interventions that address the 
significant challenges in improving the post-school outcomes of 
students with disabilities.
    References:

    Luecking, D.M., & Luecking, R.G. (2015). Translating Research 
into a Seamless Transition Model. Career Development and Transition 
for Exceptional Individuals, 38(1), 4-13.
    Luecking, R.G. (2009). The Way to Work: How to Facilitate Work 
Experiences for Youth in Transition. Baltimore, MD: Paul H. Brookes 
Pub.
    National Collaborative on Workforce and Disability for Youth 
(NCWD/Youth). Work-Based Learning Jump Start. Available at: 
www.ncwd-youth.info/work-based-learning.

    Proposed Priority 1: Transition Work-Based Learning Model 
Demonstrations.
    We give priority to model demonstration projects designed to 
identify, develop, implement, and evaluate effective work-based 
learning models that will help ensure that students with disabilities 
(as defined in this notice) are prepared for postsecondary education 
and competitive integrated employment (as defined in this notice). The 
model demonstration projects must provide effective work-based learning 
experiences in integrated settings, in coordination with other 
transition services, including pre-employment transition services (as 
defined in this notice), to students with disabilities, through State 
VR agencies, in collaboration with local educational agencies (LEAs) 
or, where appropriate, State educational agencies (SEAs) and other 
local partners.
    Proposed Priority 2: Evidence of Promise Supporting the Proposed 
Model.
    We give priority to projects supported by evidence of promise (as 
defined in this notice).
    Proposed Priority 3: Evaluation of Project that Meets the What 
Works Clearinghouse Evidence Standards with Reservations.
    We give priority to projects that conduct evaluations that meet the 
What Works Clearinghouse Evidence Standards (as defined in this notice) 
with reservations.
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)), or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    Proposed Requirements: The Assistant Secretary proposes the 
following project requirements for this program. We may apply one or 
more of these requirements in any year in which this program is in 
effect. Each of the following sets of requirements corresponds to one 
of the proposed priorities.
    Proposed Requirements for Priority 1:
    To be considered for funding under Proposed Priority 1, applicants 
must describe their plans to carry out the following project 
requirements--
    (a) Develop and implement a project design that is supported by 
strong theory (as defined in this notice) that supports the 
effectiveness (e.g., evidence base) of the proposed model, its 
components, and the processes to improve the postsecondary education 
and competitive integrated employment outcomes of students with 
disabilities;
    (b) Develop and implement a project demonstrating effective 
practices and strategies in the use of work-based learning experiences 
in integrated settings to prepare students with disabilities for 
postsecondary education and competitive integrated employment. The 
model must be implemented at multiple local sites to ensure its 
replicability;
    (c) Establish partnerships with the LEA or, as appropriate, the 
SEA, institutions of higher education, employers, and providers or 
other agencies that are critical to the development of work-based 
learning experiences in integrated settings for students with 
disabilities. At a minimum, the partnership must include 
representatives from the LEA, workforce training providers (e.g., 
American Job Centers), and employers who will collaborate to develop 
and provide opportunities (such as internships, short-term employment, 
and apprenticeships) for students with disabilities served under the 
project;
    (d) Provide career exploration and counseling to assist students in 
identifying possible career pathways (as defined in this notice) and 
the relevant work-based learning experiences;
    (e) Develop work-based learning experiences in integrated settings, 
at least one of which must be a paid experience, that--
    (1) Provide exposure to a wide range of work sites to help students 
make informed choices about career selections;
    (2) Are appropriate for the age and stage in life of each 
participating student, ranging from site visits and tours, job 
shadowing, service learning, apprenticeships, and internships;
    (3) Are structured and linked to classroom or related instruction;
    (4) Use a trained mentor to help structure the learning at the 
worksite;
    (5) Include periodic assessment and feedback as part of each 
experience; and
    (6) Fully involve students with disabilities and, as appropriate, 
their representative in choosing and structuring their experiences;
    (f) Provide instruction in employee rights and responsibilities, as 
well as positive work skills, habits, and behaviors that foster success 
in the workplace;
    (g) Identify and provide support services, as appropriate, 
including transportation, that are needed to ensure the student's 
success in participating in work-based learning experiences;
    (h) Identify, provide, or arrange for accommodations or assistive 
technology needed to ensure the student's success in participating in 
work-based learning experiences;
    (i) Develop and implement a plan to measure the model demonstration 
project's performance and outcomes, including an evaluation of the 
effectiveness of the practices and strategies implemented by the 
project. A detailed and complete evaluation plan must include--
    (1) A formative evaluation plan, consistent with the project's 
logic model (as defined in this notice), that--
    (i) Includes evaluation questions, source(s) for data, a timeline 
for data collection, and analysis plans;
    (ii) Shows how the outcome (e.g., postsecondary education and 
competitive integrated employment) and implementation data will be used 
separately or in combination to improve

[[Page 21811]]

the project during the performance period; and
    (iii) Outlines how these data will be reviewed by project staff, 
when they will be reviewed, and how they will be used during the course 
of the project to adjust the model or its implementation to increase 
the model's usefulness, generalizability, and potential for 
sustainability; and
    (2) A summative evaluation plan, including a timeline, to collect 
and analyze data on students and their outcomes over time, both for 
students with disabilities served by the project and for students with 
disabilities in a comparison group not receiving project services. The 
plan must show how the student outcome and implementation data 
collected by the project will be used separately or in combination to 
demonstrate the effectiveness of the model.
    (j) Collect data necessary to evaluate the outcomes of the project, 
including the progress of the project in achieving its goals and 
outcomes, which, at a minimum, must include:
    (1) The relevant available RSA-911 Case Service Report data for 
each student in the project;
    (2) The number of students in the work-based learning project;
    (3) The number of students in the project who complete at least one 
work-based learning experience;
    (4) The number of work-based learning experiences that each student 
completes during the project;
    (5) The types of work-based learning experiences in which students 
participated; and
    (6) The number of students who attain a recognized post-secondary 
credential and the type of credentials attained;
    (7) The number of students who obtain competitive integrated 
employment; and
    (8) An unduplicated count of students who obtain a recognized 
postsecondary credential and competitive integrated employment.
    To be considered for funding under Proposed Priority 1, an 
applicant also must provide the following with its application:
    (a) A detailed review of the literature that supports the potential 
effectiveness of the proposed demonstration project, its components, 
and strategies for work-based learning experiences for students with 
disabilities;
    (b) A logic model;
    (c) A description of the applicant's plan for implementing the 
project, including a description of--
    (1) A cohesive, articulated model of partnership and coordination 
among the participating agencies and organizations;
    (2) The coordinated set of effective practices and strategies in 
the use and development of work-based learning models that are aligned 
with employment, training, and education programs and reflect the needs 
of employers and students with disabilities; and
    (3) How the proposed project will--
    (i) Involve employers in the project design and in partnering with 
project staff to develop integrated job shadowing, internships, 
apprenticeships, and other paid and unpaid work-based learning 
experiences that are designed to increase the preparation of students 
with disabilities for postsecondary education and competitive 
integrated employment;
    (ii) Conduct outreach activities to identify students with 
disabilities for whom the work-based learning experiences would enable 
them to achieve competitive integrated employment; and
    (iii) Identify innovative strategies, including development, 
implementation, and evaluation of approved models, methods, and 
measures, that will increase the preparation of students with 
disabilities for postsecondary education and competitive integrated 
employment;
    (d) A description of the methods and criteria that will be used to 
select the site(s) at which the project activities will be implemented;
    (e) Documentation (e.g., letter of support or draft agreement) that 
the State VR agency has specific agreements with its partners in the 
development and implementation of the project;
    (f) A plan for evaluating the project's performance, including an 
evaluation of the effectiveness of the practices and strategies 
implemented by the project, in achieving project goals and objectives. 
Specifically, the evaluation plan must include a description of--
    (1) A formative evaluation plan, consistent with the project's 
logic model, that includes the following:
    (i) The key questions to be addressed by the project evaluation and 
the appropriateness of the methods for how each question will be 
addressed;
    (ii) How the methods of evaluation will provide valid and reliable 
performance data on relevant outcomes (as defined in this notice), 
particularly postsecondary and competitive integrated employment 
outcomes, including the source(s) for the data and the timeline for 
data collection;
    (iii) A clear and credible analysis plan, including a proposed 
sample size and minimum detectable effect size that aligns with the 
expected project impact, and an analytic approach for addressing the 
research questions; and
    (iv) How the key components of the project, as well as a measurable 
threshold for acceptable implementation and outcome data, will be 
reviewed and used to improve;
    (2) A summative evaluation plan, including--
    (i) How the outcomes and implementation data collected by the 
project will be used, separately or in combination, to demonstrate the 
effectiveness of the model; and
    (ii) How the outcomes for students with disabilities served by the 
project will be compared with the outcomes of students with 
disabilities not receiving project services.
    (g) A plan for systematic dissemination of project findings, 
templates, resources, and knowledge gained that will assist State and 
local VR and educational agencies in adapting or replicating the model 
work-based learning demonstration developed and implemented by the 
project, which could include elements such as development of a Web 
site, resources (e.g., toolkits), community of practice, and 
participation in national and State conferences;
    (h) An assurance that the employment goal for all students served 
under this priority will be competitive integrated employment, 
including customized or supported employment (as defined in this 
notice); and
    (i) An assurance that the project will collaborate with other work-
based learning initiatives.
    Proposed Requirements for Priority 2:
    To meet Proposed Priority 2, applicants must meet the following 
requirements:
    (a) Applicants must identify and include a detailed review of up to 
two cited studies that meet the evidence of promise standard.
    (b) The links for the citations submitted for this priority must be 
provided on the Abstract and Information page of the application.
    (c) Applicants must specify on the Abstract and Information page 
the findings in the studies that are cited as evidence of promise for 
the proposed project and ensure that the citations and links are from 
publicly or readily available sources. Studies of fewer than 10 pages 
may be attached in full under Other Attachments in Grants.gov.
    Proposed Requirements for Priority 3:
    To meet Proposed Priority 3, applicants must describe in their 
applications how they would meet the following program requirements:
    (a) Conduct an independent evaluation (as defined in this notice) 
of

[[Page 21812]]

its project. This evaluation must estimate the impact of the project on 
a relevant outcome.
    (b) Use methods of evaluation that will produce evidence about the 
project's effectiveness that meets the What Works Clearinghouse 
Evidence Standards with reservations.
    (c) Make broadly available the results of any evaluations it 
conducts of its funded activities, digitally and free of charge, 
through formal (e.g., peer-reviewed journals) or informal (e.g., 
newsletters) mechanisms. The grantee must also ensure that the data 
from its evaluation are made available to third-party researchers 
consistent with applicable privacy requirements.
    (d) Cooperate on an ongoing basis with any technical assistance 
provided by the Department or its contractor and comply with the 
requirements of any evaluation of the program conducted by the 
Department.
    Definitions:
    Background:
    We propose one new definition for use in connection with the 
proposed priorities. The remaining definitions listed in this section 
are established defined terms in WIOA, the Rehabilitation Act, or 34 
CFR part 77. We do not propose to alter those definitions, but list 
them here for the convenience of the reader.
    Proposed Definition:
    The Assistant Secretary proposes the following definition for this 
program. We may apply this definition in any year in which this program 
is in effect.
    Independent evaluation means an evaluation that is designed and 
carried out independent of and external to the grantee but in 
coordination with any employees of the grantee who develop a process, 
product, strategy, or practice that is currently being implemented as 
part of the grant's activities.
    Existing Definitions:
    Career pathway means a combination of rigorous and high-quality 
education, training, and other services that--
    (a) Aligns with the skill needs of industries in the economy of the 
State or regional economy involved;
    (b) Prepares an individual to be successful in any of a full range 
of secondary or postsecondary education options, including 
apprenticeships registered under the Act of August 16, 1937 (commonly 
known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 
663; 29 U.S.C. 50 et seq.);
    (c) Includes counseling to support an individual in achieving the 
individual's education and career goals;
    (d) Includes, as appropriate, education offered concurrently with 
and in the same context as workforce preparation activities and 
training for a specific occupation or occupational cluster;
    (e) Organizes education, training, and other services to meet the 
particular needs of an individual in a manner that accelerates the 
educational and career advancement of the individual to the extent 
practicable;
    (f) Enables an individual to attain a secondary school diploma or 
its recognized equivalent, and at least one recognized postsecondary 
credential; and
    (g) Helps an individual enter or advance within a specific 
occupation or occupational cluster.
    Source: Section 3(7) of WIOA.
    Competitive integrated employment means work that is performed on a 
full-time or part-time basis (including self-employment)--
    (a) For which an individual--
    (1) Is compensated at a rate that--
    (i)(A) Is not less than the higher of the rate specified in section 
6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) 
or the rate specified in the applicable State or local minimum wage 
law; and
    (B) Is not less than the customary rate paid by the employer for 
the same or similar work performed by other employees who are not 
individuals with disabilities, and who are similarly situated in 
similar occupations by the same employer and who have similar training, 
experience, and skills; or
    (ii) In the case of an individual who is self-employed, yields an 
income that is comparable to the income received by other individuals 
who are not individuals with disabilities, and who are self-employed in 
similar occupations or on similar tasks and who have similar training, 
experience, and skills; and
    (2) Is eligible for the level of benefits provided to other 
employees;
    (b) That is at a location where the employee interacts with other 
persons who are not individuals with disabilities (not including 
supervisory personnel or individuals who are providing services to such 
employee) to the same extent that individuals who are not individuals 
with disabilities and who are in comparable positions interact with 
other persons; and
    (c) That, as appropriate, presents opportunities for advancement 
that are similar to those for other employees who are not individuals 
with disabilities and who have similar positions.
    Source: Section 7(5) of the Rehabilitation Act.
    Customized employment means competitive integrated employment, for 
an individual with a significant disability, that is based on an 
individualized determination of the strengths, needs, and interests of 
the individual with a significant disability, is designed to meet the 
specific disabilities of the individual with a significant disability 
and the business needs of the employer, and is carried out through 
flexible strategies, such as--
    (A) Job exploration by the individual;
    (B) Working with an employer to facilitate placement including--
    (i) Customizing a job description based on current employer needs 
or on previously unidentified and unmet employer needs;
    (ii) Developing a set of job duties, a work schedule and job 
arrangement, and specifics of supervision (including performance 
evaluation and review), and determining a job location;
    (iii) Representation by a professional chosen by the individual, or 
self-representation of the individual, in working with an employer to 
facilitate placement; and
    (iv) Providing services and supports at the job location.
    Source: Section 7(7) of the Rehabilitation Act.
    Evidence of promise means there is empirical evidence to support 
the theoretical linkage(s) between at least one critical component and 
at least one relevant outcome presented in the logic model for the 
proposed process, product, strategy, or practice. Specifically, 
evidence of promise means the conditions in both paragraphs (i) and 
(ii) of this definition are met:
    (i) There is at least one study that is a--
    (A) Correlational study with statistical controls for selection 
bias;
    (B) Quasi-experimental design study that meets the What Works 
Clearinghouse Evidence Standards with reservations; or
    (C) Randomized controlled trial that meets the What Works 
Clearinghouse Evidence Standards with or without reservations.
    (ii) The study referenced in paragraph (i) of this definition found 
a statistically significant or substantively important (defined as a 
difference of 0.25 standard deviations or larger) favorable association 
between at least one critical component and one relevant outcome 
presented in the logic model for the proposed process, product, 
strategy, or practice.
    Source: 34 CFR 77.1(c).
    Individual with a disability means an individual who--
    (a) Has a physical or mental impairment which for such individual 
constitutes or results in a substantial impediment to employment; and

[[Page 21813]]

    (b) Can benefit in terms of an employment outcome from vocational 
rehabilitation services provided pursuant to Title I, III, or VI of the 
Rehabilitation Act.
    Source: Section 7(20) of the Rehabilitation Act.
    Logic model (also referred to as theory of action) means a well-
specified conceptual framework that identifies key components of the 
proposed process, product, strategy, or practice (i.e., the active 
``ingredients'' that are hypothesized to be critical to achieving the 
relevant outcomes) and describes the relationships among the key 
components and outcomes, theoretically and operationally.
    Source: 34 CFR 77.1(c).
    Pre-employment transition services means services provided in 
accordance with section 113 of the Rehabilitation Act.
    Source: Sections 7(30) and 113 of the Rehabilitation Act.
    Quasi-experimental design study means a study using a design that 
attempts to approximate an experimental design by identifying a 
comparison group that is similar to the treatment group in important 
respects. These studies, depending on design and implementation, can 
meet What Works Clearinghouse Evidence Standards with reservations (but 
not What Works Clearinghouse Evidence Standards without reservations).
    Source: 34 CFR 77.1(c).
    Randomized controlled trial means a study that employs random 
assignment of, for example, students, teachers, classrooms, schools, or 
districts to receive the intervention being evaluated (the treatment 
group) or not to receive the intervention (the control group). The 
estimated effectiveness of the intervention is the difference between 
the average outcomes for the treatment group and for the control group. 
These studies, depending on design and implementation, can meet What 
Works Clearinghouse Evidence Standards without reservations.
    Source: 34 CFR 77.1(c).
    Relevant outcome means the student outcome(s) (or the ultimate 
outcome if not related to students) the proposed process, product, 
strategy, or practice is designed to improve, consistent with the 
specific goals of a program.
    Source: 34 CFR 77.1(c).
    Strong theory means a rationale for the proposed process, product, 
strategy, or practice that includes a logic model.
    Source: 34 CFR 77.1(c).
    Student with a disability means an individual with a disability 
who--
    (A)(1) Is not younger than the earliest age for the provision of 
transition services under section 614(d)(1)(A)(i)(VIII) of the 
Individuals with Disabilities Education Act (20 U.S.C. 
1414(d)(1)(A)(i)(VIII)); or
    (2) If the State involved elects to use a lower minimum age for 
receipt of pre-employment transition services under the Rehabilitation 
Act, is not younger than that minimum age; and
    (B)(1) Is not older than 21 years of age; or
    (2) 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
    (C)(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 a student who is an individual with a disability, for 
purposes of section 504 of the Rehabilitation Act.
    Source: Section 7(37)(A) of the Rehabilitation Act.
    Supported employment means competitive integrated employment, 
including customized employment, or employment in an integrated work 
setting in which individuals are working on a short-term basis toward 
competitive integrated employment, that is individualized and 
customized consistent with the strengths, abilities, interests, and 
informed choice of the individuals involved, for individuals with the 
most significant disabilities--
    (A)(i) For whom competitive integrated employment has not 
historically occurred; or
    (ii) For whom competitive integrated employment has been 
interrupted or intermittent as a result of a significant disability; 
and
    (B) Who, because of the nature and severity of their disability, 
need intensive supported employment services and extended services 
after the transition described in section (7)(13)(C) of the 
Rehabilitation Act, in order to perform the work involved.
    Source: Section 7(38) of the Rehabilitation Act.
    What Works Clearinghouse Evidence Standards means the standards set 
forth in the What Works Clearinghouse Procedures and Standards Handbook 
(Version 3.0, March 2014), which can be found at the following link: 
http://ies.ed.gov/ncee/wwc/DocumentSum.aspx?sid=19.
    Source: 34 CFR 77.1(c).
    Final Priorities, Requirements, and Definitions:
    We will announce the final priorities, requirements, and 
definitions in a notice in the Federal Register. We will determine the 
final priorities, requirements, and definitions 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 one or more of these priorities, 
requirements, and definitions, 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 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

[[Page 21814]]

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 these proposed priorities, requirements, and 
definitions only on a reasoned determination that their benefits would 
justify their 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 similar demonstration projects have been well 
established over the years through the successful completion and 
dissemination of the results of similar projects. For example, the 
projects first funded in FY 2007 to demonstrate collaborative practices 
that lead to postsecondary education and employment of youth with 
disabilities have served as a rich source of practices for the VR 
field. These proposed priorities, requirements, and definitions would 
promote projects that would serve as models in developing and 
implementing work-based learning strategies for students with 
disabilities that could be replicated by other State VR agencies so 
that such agencies could improve postsecondary education and 
competitive integrated employment outcomes for students with 
disabilities.

Paperwork Reduction Act of 1995

    As part of its continuing effort to reduce paperwork and respondent 
burden, the Department provides the general public and Federal agencies 
with an opportunity to comment on proposed and continuing collections 
of information in accordance with the Paperwork Reduction Act of 1995 
(PRA) (44 U.S.C. 3506(c)(2)(A)). This helps ensure that: The public 
understands the Department's collection instructions, respondents can 
provide the requested data in the desired format, reporting burden 
(time and financial resources) is minimized, collection instruments are 
clearly understood, and the Department can properly assess the impact 
of collection requirements on respondents.
    These proposed priorities contain information collection 
requirements that are approved by OMB under the Disability Innovation 
Fund program--Transition Work-Based Learning Model Demonstrations 1820-
0018; this proposed regulation does not affect the currently approved 
data collection.
    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: April 8, 2016.
Michael K. Yudin,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2016-08492 Filed 4-12-16; 8:45 am]
 BILLING CODE 4000-01-P