[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Proposed Rules]
[Pages 23266-23270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08070]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2019-OSERS-0163]
Proposed Priorities--Innovative Rehabilitation Training Program
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Proposed priorities.
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SUMMARY: The Assistant Secretary for the Office of Special Education
and Rehabilitative Services proposes priorities under the Innovative
Rehabilitation Training program, Catalog of Federal Domestic Assistance
(CFDA) numbers 84.263D/E/F. The Assistant Secretary may use one or more
of these priorities for competitions in fiscal year (FY) 2020 and later
years. We take this action to improve employment outcomes and raise
expectations for all people with disabilities. The program funds time-
limited pilot innovative rehabilitation training projects to develop,
refine, implement, evaluate, and disseminate innovative methods of
training vocational rehabilitation (VR) personnel to support the work
of the State VR agencies in the following topic areas: Client
Assistance Program (84.263D); assisting and supporting individuals with
disabilities pursuing self-employment, business ownership, and
telecommuting (84.263E); and field-initiated projects in an area
related to VR (84.263F).
DATES: We must receive your comments on or before May 27, 2020.
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 ``Help.''
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments, address them to Cassandra P. Shoffler,
U.S. Department of Education, 400 Maryland Avenue SW, Room 5122,
Potomac Center Plaza, 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: Cassandra P. Shoffler, U.S. Department
of Education, 400 Maryland Avenue SW, Room 5122, Potomac Center Plaza,
Washington, DC 20202-2800. Telephone: (202) 245-7827. 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
the proposed priorities. To ensure that your comments have maximum
effect in developing the notice of final priorities, we urge you to
identify clearly the proposed priority that each comment addresses.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866, 13563, and 13771 and their
overall requirement of reducing regulatory burden that might result
from the proposed priorities. 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 the proposed priorities by accessing Regulations.gov.
You may also
[[Page 23267]]
inspect the comments in person in Room 5059, 550 12th Street SW,
Washington, DC, between the hours of 9:30 a.m. and 4:00 p.m., Eastern
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 the proposed priorities. 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 Innovative Rehabilitation Training program
is designed to develop (a) 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; (b)
new and improved methods of training rehabilitation personnel so that
there may be a more effective delivery of rehabilitation services to
individuals with disabilities by designated State rehabilitation
agencies and designated State rehabilitation units or other public or
non-profit rehabilitation service agencies or organizations; and (c)
new innovative training programs for VR professionals and
paraprofessionals to have a 21st-century understanding of the evolving
labor force and the needs of individuals with disabilities so they can
more effectively provide VR services to individuals with disabilities.
Program Authority: 29 U.S.C. 709(c) and 772.
Applicable Program Regulations: 34 CFR parts 385 and 387.
Proposed Priorities: This document contains four proposed
priorities.
Proposed Priority 1--Topic Area One: Innovative Rehabilitation Training
Project, Client Assistance Program
Background
The purpose of the Client Assistance Program (CAP) under the
Rehabilitation Act of 1973, as amended by the Workforce Innovation and
Opportunity Act (WIOA) (Rehabilitation Act), is to advise and inform VR
clients and applicants with disabilities of all services and benefits
available to them through programs authorized under the Rehabilitation
Act, including under sections 113 and 511, and title I of the Americans
with Disabilities Act of 1990, and advocate on behalf of VR clients and
applicants in their relationships with projects, programs, and services
provided under the Rehabilitation Act.
According to the Annual Client Assistance Program Report (RSA-227),
CAP offices responded to 40,917 requests for information and referral
in FY 2018. They also provided extensive services--including assistance
and advocacy--to 4,038 individuals with disabilities that year.
In FY 2014, the Rehabilitation Services Administration (RSA) funded
a CAP training and technical assistance center, which primarily
provides training on the statutory and regulatory requirements
governing VR services. Such training continues to be necessary,
however, to be effective advocates for VR clients and applicants today.
CAP professionals also need greater expertise about the expanded
opportunities for quality employment and economic self-sufficiency made
available after WIOA. These opportunities include a focus on acquiring
career-oriented credentials, such as advanced postsecondary degrees;
career exploration and advancement strategies, such as work-based
learning, apprenticeships, customized employment, and career pathways;
and pre-employment transition services and outreach to subminimum wage
employers. Furthermore, CAP professionals require updated leadership,
relationship-building, and management skills to be effective advocates
for VR clients and applicants.
Proposed Priority
A project under this priority must increase the capacity of CAP
professionals to inform VR clients and applicants about the expanded
opportunities under WIOA and provide the assistance and advocacy the
clients and applicants need. The project must develop a new or
substantially improved training program, including stand-alone modules
to be incorporated into an existing academic degree program for
educating VR counselors or other VR professionals and
paraprofessionals, or into short-term training for VR professionals, or
both. The training program or modules must be developed by the end of
the first year of the project period and piloted, refined, implemented,
evaluated, and disseminated in years two, three, four, and five of the
project period. A process for feedback and continuous improvement to
ensure the training program or modules are refined throughout years
two, three, four, and five must be included.
The training must be of sufficient scope, intensity, and duration
for VR CAP professionals, paraprofessionals, and individuals studying
to become VR professionals and paraprofessionals to achieve increased
skill, knowledge, and competence in the topic area.
The training curricula and materials must encompass: (a) The
expanded opportunities available under WIOA and the pertinent
provisions regarding unified and combined State plans, common
performance measures, and the workforce development system; (b)
specific opportunities and challenges for individuals with the most
significant disabilities, students and youth with disabilities, and
traditionally underserved populations, including those at the
intersection of poverty and disability; and (c) leadership,
relationship-building, and management skills promoting effective CAP
personnel interaction with State VR agencies, State Rehabilitation
Councils, and other VR stakeholders.
Training delivery methods must encompass: (a) State-of-the-art
communication tools and platforms, including virtual conferences,
social media, and searchable databases; and (b) the latest knowledge
translation methods and techniques. The applicant must include the
resources developed by the RSA VR Technical Assistance Centers and
Demonstration and Training projects, available at the National
Clearinghouse for Rehabilitation Training Materials, and other Federal
and nongovernment sources, in developing its training and technical
assistance curricula and delivery methods.
Proposed Priority 2--Topic Area Two: Innovative Rehabilitation Training
Program, Assisting and Supporting Individuals With Disabilities
Pursuing Self-Employment, Business Ownership, and Telecommuting
Background
Self-employment, business ownership, and telecommuting could be
viable options for individuals with disabilities who face barriers to
competitive integrated employment, such as health challenges,
inaccessible work sites, and lack of transportation, and could offer
people with disabilities an opportunity for economic independence. A
2017 study funded by the National Institute on Disability, Independent
Living, and Rehabilitation Research (NIDILRR) \1\ analyzed data
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from 230,931 VR consumers age 16 or older who completed VR services and
became employed in 2008 or 2009. The researchers found that: (1) On
average, only 2.1 percent of VR consumers became self-employed; (2)
self-employment rates were lowest for consumers in urban counties (1.4
percent) and highest for consumers in isolated rural counties (5.2
percent), while the rates in large rural and small rural counties fell
in between (3.5 percent and 3.7 percent); and (3) consumers who became
self-employed earned about $1.30 more per hour, on average, at the
start of their jobs than consumers who became competitively employed.
Consumers who became self-employed were also able to work about three
hours less per week, on average, and still earn weekly pay equivalent
to their competitively employed peers.
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\1\ Reference: naric.com/?q=en/rif/self-employment-may-be-promising-avenue-economic-independence-people-disabilities.
Additional information on this study can be found at Ipsen, C., and
Swicegood, G. (2017) Rural and urban vocational rehabilitation self-
employment outcomes. Journal of Vocational Rehabilitation, 46, 97-
105. This article is available from the NARIC collection under
Accession Number J75341.
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The U.S. Department of Labor, Office of Disability Employment
Policy (ODEP) examined telework practices of public and private sector
employers, finding that 80 percent had employees with disabilities and
23 percent had employees who telework, but only 8 percent had employees
with disabilities who telework.\2\
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\2\ Linden, Maureen: Telework research and practice: Impacts on
people with disabilities. www.researchgate.net/profile/Maureen_Linden/publication/261881961_Telework_Research_and_Practice_Impacts_on_People_with_Disabilities/links/586405d708ae6eb871ad02f5/Telework-Research-and-Practice-Impacts-on-People-with-Disabilities.pdf.
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The use of self-employment, business ownership, and telecommuting
may assist VR consumers with achieving competitive integrated
employment.
Proposed Priority
A project in the area of assisting and supporting individuals with
disabilities pursuing self-employment, business ownership, and
telecommuting must develop a new or substantially improved and, to the
extent possible, evidence-based \3\ training program, including stand-
alone modules and instructional materials to be incorporated into an
existing academic degree program for educating VR counselors or other
VR professionals and paraprofessionals or into short-term training for
VR professionals, or both. The training program or modules must be
developed by the end of the first year of the project period and
piloted, refined, implemented, evaluated, and disseminated in years
two, three, four, and five of the project period. A process for
feedback and continuous improvement to ensure the training program or
modules are refined throughout years two, three, four, and five must be
included.
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\3\ For the purpose of this priority, ``evidence-based'' means
the proposed project component is supported, at a minimum, by
evidence that demonstrates a rationale (as defined in 34 CFR 77.1),
where a key project component included in the project's logic model
(as defined in 34 CFR 77.1) is informed by research or evaluation
findings that suggest the project component is likely to improve
relevant outcomes (as defined in 34 CFR 77.1).
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The training must be of sufficient scope, intensity, and duration
for VR professionals, paraprofessionals, and individuals studying to
become VR professionals and paraprofessionals to achieve increased
skill, knowledge, and competence in the area of assisting and
supporting individuals with disabilities pursuing self-employment,
business ownership, and telecommuting.
Proposed Priority 3--Topic Area Three: Innovative Rehabilitation
Training Program, Field Initiated
Background
The purpose of the Innovative Rehabilitation Training program,
Field Initiated project, is to develop, refine, implement, evaluate,
and disseminate innovative methods of training for VR personnel in an
area for which no training currently exists, enhance training in an
area for which the existing training is no longer current or relevant,
or enhance training in an area that has received increased emphasis
under the Rehabilitation Act.
Proposed Priority
A field-initiated project must clearly identify the topic to be
addressed and provide sufficient evidence to demonstrate the need for
the innovative rehabilitation training in a proposed new topic area or,
in areas for which there is existing training, demonstrate that the
existing training is not adequately meeting the needs of VR
professionals, paraprofessionals, and individuals studying to become VR
professionals and paraprofessionals.
The project must develop a new or substantially improved and, to
the extent possible, evidence-based \4\ training program, including
stand-alone modules and instructional materials to be incorporated into
an existing academic degree program for educating VR counselors or
other VR professionals and paraprofessionals, or into short-term
training for VR professionals, or both. The training program or modules
must be developed by the end of the first year of the project period
and piloted, refined, implemented, evaluated, and disseminated in years
two, three, four, and five of the project period. A process for
feedback and continuous improvement to ensure the training program or
modules are refined throughout years two, three, four, and five must be
included.
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\4\ For the purpose of this priority, ``evidence-based'' means
the proposed project component is supported, at a minimum, by
evidence that demonstrates a rationale (as defined in 34 CFR 77.1),
where a key project component included in the project's logic model
(as defined in 34 CFR 77.1) is informed by research or evaluation
findings that suggest the project component is likely to improve
relevant outcomes (as defined in 34 CFR 77.1)
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The training must be of sufficient scope, intensity, and duration
for VR professionals, paraprofessionals, and individuals studying to
become VR professionals and paraprofessionals to achieve increased
skill, knowledge, and competence in the topic area.
Proposed Priority 4--Applications From New Potential Grantees
Background
In order to increase the size of the applicant pool, we propose a
priority for applications from new potential grantees.
Proposed Priority
(a) Under this priority, an applicant must demonstrate one or more
of the following:
(i) The applicant has never received a grant, including through
membership in a group application submitted in accordance with 34 CFR
75.127-75.129, under the program from which it seeks funds.
(ii) The applicant does not, as of the deadline date for submission
of applications, have an active grant, including through membership in
a group application submitted in accordance with 34 CFR 75.127-75.129,
under the program from which it seeks funds.
(iii) The applicant has not had an active discretionary grant under
the program from which it seeks funds, including through membership in
a group application submitted in accordance with 34 CFR 75.127-75.129,
in one of the following number of years before the deadline date for
submission of applications under the program:
(1) One year;
(2) Two years;
(3) Three years;
(4) Four years;
(5) Five years;
(6) Six years; or
(7) Seven years.
(iv) The applicant has not had an active discretionary grant from
the Department, including through
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membership in a group application submitted in accordance with 34 CFR
75.127-75.129, in one of the following number of years before the
deadline date for submission of applications under the program:
(1) One year;
(2) Two years;
(3) Three years;
(4) Four years;
(5) Five years;
(6) Six years; or
(7) Seven years.
(v) The applicant has not had an active contract from the
Department in one of the following number of years before the deadline
date for submission of applications under the program:
(1) One year;
(2) Two years;
(3) Three years;
(4) Four years;
(5) Five years;
(6) Six years; or
(7) Seven years.
(b) For the purpose of this priority, a grant or contract is active
until the end of the grant's or contract's project or funding period,
including any extensions of those periods that extend the grantee's or
contractor's authority to obligate funds.
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)).
Executive Orders 12866, 13563, and 13771
Regulatory Impact Analysis
Under Executive Order 12866, the Office of Management and Budget
(OMB) determines whether this regulatory action is ``significant'' and,
therefore, subject to the requirements of the Executive order and
subject to review by 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.
Under Executive Order 13771, for each new rule that the Department
proposes for notice and comment or otherwise promulgates that is a
significant regulatory action under Executive Order 12866 and that
imposes total costs greater than zero, it must identify two
deregulatory actions. For FY 2020, any new incremental costs associated
with a new rule must be fully offset by the elimination of existing
costs through deregulatory actions. However, Executive Order 13771 does
not apply to ``transfer rules'' that cause only income transfers
between taxpayers and program beneficiaries, such as those regarding
discretionary grant programs. Because the proposed priorities would be
utilized in connection with a discretionary grant program, Executive
Order 13771 does not apply.
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 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 the proposed priorities only on a reasoned
determination that their benefits justify their 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 have also determined that this regulatory action does not unduly
interfere with State, local, and Tribal governments in the exercise of
their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
The costs would include the time and effort in responding to the
priority for entities that choose to respond.
In addition, we have considered the potential benefits of this
regulatory action and have noted these benefits in the background
section of this document. The benefits include
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receiving comments regarding the best way to support the work of the
State VR agencies in the Client Assistance Program (84.263D); assisting
and supporting individuals with disabilities pursuing self-employment,
business ownership, and telecommuting (84.263E); and field-initiated
projects related to VR (84.263F); and whether the activities identified
reflect the greatest needs in the field.
Clarity of the Regulations
Executive Order 12866 and the Presidential memorandum ``Plain
Language in Government Writing'' require each agency to write
regulations that are easy to understand.
The Secretary invites comments on how to make these proposed
priorities easier to understand, including answers to questions such as
the following:
Are the requirements in the proposed regulations clearly
stated?
Do the proposed regulations contain technical terms or
other wording that interferes with their clarity?
Does the format of the proposed regulations (grouping and
order of sections, use of headings, paragraphing, etc.) aid or reduce
their clarity?
Would the proposed regulations be easier to understand if
we divided them into more (but shorter) sections?
Could the description of the proposed regulations in the
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in
making the proposed regulations easier to understand? If so, how?
What else could we do to make the proposed regulations
easier to understand?
To send any comments that concern how the Department could make
these proposed regulations easier to understand, see the instructions
in the ADDRESSES section.
Regulatory Flexibility Act Certification: The Secretary certifies
that this proposed regulatory action would not have a significant
economic impact on a substantial number of small entities. The U.S.
Small Business Administration Size Standards define ``small entities''
as for-profit or nonprofit institutions with total annual revenue below
$7,000,000 or, if they are institutions controlled by small
governmental jurisdictions (that are comprised of cities, counties,
towns, townships, villages, school districts, or special districts),
with a population of less than 50,000.
The small entities that this proposed regulatory action would
affect are public or private nonprofit agencies and organizations,
including Indian Tribes and institutions of higher education that may
apply. We believe that the costs imposed on an applicant by the
proposed priorities would be limited to paperwork burden related to
preparing an application and that the benefits of these proposed
priorities would outweigh any costs incurred by the applicant. There
are very few entities who could provide the type of technical
assistance required under the proposed priorities. For these reasons
these proposed priorities would not impose a burden on a significant
number of small entities.
Paperwork Reduction Act of 1995: The proposed priorities contain
information collection requirements that are approved by OMB under OMB
control number 1820-0018.
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.
Assessment of Educational Impact
In accordance with section 411 of the General Education Provisions
Act, 20 U.S.C. 1221e-4, the Secretary particularly requests comments on
whether these proposed regulations would require transmission of
information that any other agency or authority of the United States
gathers or makes available.
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. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. 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 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.
Mark Schultz,
Commissioner, Rehabilitation Services Administration. Delegated the
authority to perform the functions and duties of the Assistant
Secretary for the Office of Special Education and Rehabilitative
Services.
[FR Doc. 2020-08070 Filed 4-22-20; 4:15 pm]
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