[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Proposed Rules]
[Pages 44247-44255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14535]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2020-OSERS-0063]


Priority and Requirements--Activities for Traditionally 
Underserved Populations Catalog of Federal Domestic Assistance (CFDA) 
Number: 84.315C

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

ACTION: Proposed priority and requirements.

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SUMMARY: The U.S. Department of Education (Department) proposes a 
priority under the Rehabilitation Act of 1973, as amended 
(Rehabilitation Act) for Activities for Traditionally Underserved 
Populations, Catalog of Federal Domestic Assistance (CFDA) number 
84.315C. The purpose of this

[[Page 44248]]

activity for traditionally underserved populations is to make awards to 
minority entities and Indian Tribes to conduct research, training and 
technical assistance, and related activities to improve services under 
the Rehabilitation Act, especially services provided to individuals 
from minority backgrounds. As defined in the Rehabilitation Act, a 
minority entity means an entity that is a historically Black college or 
university, a Hispanic-serving institution of higher education, an 
American Indian tribal college or university, or another institute of 
higher education whose minority student enrollment is at least 50 
percent.

DATES: We must receive your comments on or before August 21, 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 ``How to use Regulations.gov'' in the Help section.
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments, address them to Kristen Rhinehart-
Fernandez, U.S. Department of Education, 400 Maryland Avenue SW, Room 
5094, 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: Kristen Rhinehart-Fernandez, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 5094, Potomac 
Center Plaza, Washington, DC 20202-2800. Telephone: (202) 245-6103. 
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 priority and requirements. To ensure that your comments 
have maximum effect in developing the notice of final priority and 
requirements, we urge you to identify clearly the proposed priority or 
requirement that each comment addresses. In addition to your general 
comments and recommended clarifications, we seek input on the proposed 
design of the training. We are particularly interested in your feedback 
on the following questions:
    1. Applicants must select two focus areas from a list described in 
the proposed priority to implement cultural competency practices in 
State vocational rehabilitation (VR) agencies. Is there a greater need 
for, or should we prioritize, certain focus areas on this list? If so, 
please explain. Are there activities listed that may or may not be an 
especially good fit for this program? If so, please specify and explain 
why.
    2. Considering cost and level of effort, are there any activities 
under Project Activities paragraphs (h)(1) and (2) that may require 
substantially more time and/or cost than the others? If so, please 
explain.
    3. Under Project Activities, paragraph (c), are there additional 
content areas that should be included in the training? Please specify 
and explain why.
    4. Additionally, we do not specify competencies that VR counselors 
and paraprofessionals, and human resource and professional development 
specialists should be able to demonstrate upon completion of cultural 
competency training. Are there certain qualities, behaviors, or 
specific competencies that should be specified as requirements or 
otherwise incorporated? Please describe and explain why.
    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 priority and requirements. 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 priority and requirements by accessing 
Regulations.gov. Due to the current COVID-19 pandemic, the Department 
buildings are currently not open. However, upon reopening, you may also 
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 priority and requirements. 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: Activities for Traditionally Underserved 
Populations are designed to improve the quality, access, delivery of 
services, and outcomes under the Rehabilitation Act, especially 
services provided to individuals with disabilities from minority 
backgrounds and also to increase the capacity of minority institutions 
and Indian tribes to participate in activities funded under the Act.
    Program Authority: 29 U.S.C. 718(b)(2)(B).
    Proposed Priority:

Proposed Priority--Improving the Delivery of Vocational Rehabilitation 
Services to, and the Employment Outcomes of, Individuals With 
Disabilities From Minority Backgrounds

Background

    The Department has long been committed to improving the delivery of 
VR services to and the employment outcomes of individuals with 
disabilities from minority backgrounds. Specifically, the Department's 
Rehabilitation Services Administration (RSA) has previously focused 
Federal financial assistance on building the capacity of its American 
Indian Vocational Rehabilitation Services (AIVRS) programs. 
Additionally, in 2014, the 38th Institute on Rehabilitation Issues, 
funded by RSA, developed ``Assume Nothing! A Monograph To Address 
Underserved Populations, Including Individuals Who are Deaf-Blind'' 
(Assume Nothing!). The monograph was designed to offer professionals at 
all levels within the VR system practical ideas and recommendations for 
how to begin to change the status quo for traditionally underserved 
individuals with

[[Page 44249]]

disabilities, including individuals who are Deaf-Blind.
    In support of the need for activities for traditionally underserved 
populations, Congress found that ``patterns of inequitable treatment of 
minorities have been documented in all major junctures of the 
vocational rehabilitation process. As compared to white Americans, a 
larger percentage of African-American applicants to the VR system is 
denied acceptance. Of applicants accepted for VR services, a larger 
percentage of African Americans cases is closed without being 
rehabilitated. Minorities are provided less training than their white 
counterparts. Consistently, less money is spent on minorities than on 
their white counterparts'' (Section 21(a)(3) of the Rehabilitation Act 
of 1973, as amended).
    According to Assume Nothing!, ``[t]he 2010 U.S. Census (2011) 
reported that Whites continue to be the largest group (223.6 million), 
accounting for 72% of all people living in the United States. During 
the same time, the Black or African American population totaled 38.9 
million and accounted for 13% of the total population. Approximately, 
14.7 million people (about 5% of all respondents) identified their race 
as Asian, and 2.9 million respondents indicated they were American 
Indian or Alaskan Native (0.9%). Between 2000 and 2010, the Hispanic 
population grew by 43%, rising from 35.3 million in 2000 to 50.5 
million in 2010.'' This shift was also reflected in the 2013 U.S. 
Population Census data as described in the ``Vocational Rehabilitation 
Counseling Competency with African Americans: A Professional 
Development Workshop'' (Garcia, 2015), which reflected a decrease in 
the white population from 75.1 percent in 2000 to 62.6 percent in 2013 
and an increase in the African-American population from 12.9 percent in 
2000 to 13.2 percent in 2013. According to ``Dual Pathways to a Better 
America, Preventing Discrimination and Promoting Diversity, Final 
Report'' (American Psychological Association, 2012), by 2050, whites 
are estimated to no longer be the majority racial and ethnic group in 
the United States.
    As the United States becomes more multiethnic, multilingual, and 
multicultural, the need for multicultural training for VR counselors 
will increase (Balcazar, Suarez-Balcazar, Keys, & Taylor-Ritzler, 
2010). According to recent employment data gathered from the U.S. 
Bureau of Labor Statistics Current Population Survey (2019), 19.3 
percent of individuals with disabilities were employed. In contrast, 
66.3 percent of individuals without a disability were employed. The 
survey data also reflects low employment ratios for individuals with 
disabilities representing Black (15.6 percent) and Asian (18.9 percent) 
ethnicities compared to over 60 percent employment for individuals 
without disabilities within those ethnicity groups.
    As evidenced by the comprehensive data described above, we know 
that our country continues to become more diverse. Therefore, it is 
critical for VR counselors and paraprofessionals and State VR agencies 
to be adequately prepared to effectively meet the needs of individuals 
with disabilities, especially those from minority backgrounds.
    Providing staff with cultural competency training can bolster 
inclusivity and improve outcomes for individuals with disabilities from 
minority backgrounds. For the purposes of this priority, the term 
``cultural competency'' is used to describe a ``set of skills, values 
and principles that acknowledge, respect, and work toward optimal 
interactions between the individual and the various cultural and ethnic 
groups that an individual might come in contact with'' (Human Services 
Edu: Educating To Better The Lives of Others). A culturally competent 
vocational rehabilitation program will contribute to the elimination of 
racial and ethnic disparities in the number of employment outcomes by 
improving outreach, intake, and VR services, including employment 
opportunities, for individuals with disabilities from minority 
backgrounds. Cultural competency can be achieved by providing relevant 
training on the skills, values, and principles that acknowledge, 
respect, and work toward optimal interactions with VR participants from 
the various cultural and ethnic groups that a VR counselor, 
professional, paraprofessional, or others at State VR agencies might 
encounter and increasing the involvement and inclusion of individuals 
from minority backgrounds in the VR process. The goal of cultural 
competency training is to provide the highest quality of service to 
every individual, regardless of race, ethnicity, or cultural background 
(Georgetown University: Cultural Competence in Healthcare).
    Cultural competency can be achieved by training VR counselors, 
paraprofessionals, and State VR agencies to provide services in a 
culturally competent way. According to Georgetown University: Cultural 
Competence in Healthcare, ``training approaches that teach facts about 
specific groups are best combined with cross-cultural skills-based 
approaches that can be universally applied.'' Training techniques that 
focus on curiosity, empathy, respect, and humility of individuals with 
disabilities from minority backgrounds can assist in the process of 
becoming culturally competent. According to Cultural Competence: 
Development of a Conceptual Framework (Balcazar, Suarez-Balcazar & 
Taylor-Ritzler, 2009), ``the process of becoming culturally competent 
can happen through repetitive engagements with diverse groups, by 
increasing one's critical awareness and knowledge, and/or by having 
opportunities for reflection and analysis about one's professional 
performance.'' Cultural competency can improve the relations between 
various cultures and ethnic groups and increase opportunity for 
individuals with disabilities from minority backgrounds. Finally, 
inclusion is an integral aspect of cultural competency and was achieved 
in a cultural diversity initiative of the Statewide Supported 
Employment System's Change Project in Massachusetts, funded by RSA. As 
described in ``Person-Centered Planning: A gateway to improving 
vocational rehabilitation services for culturally diverse individuals 
with disabilities,'' the goal of the project was to implement 
culturally sensitive and non-traditional service strategies and to 
ensure that at least 20 percent of participants served by the project 
were members of culturally, ethnically, and linguistically diverse 
backgrounds. By the end of the project, this goal was achieved, with an 
inclusion of 23 percent of participants from culturally, ethnically, 
and linguistically diverse backgrounds (Hasnain, R., Sotnik, P., & 
Ghiloni, C., 2003).
    For these reasons, the Department proposes a priority that would 
focus on changing the status quo for individuals with disabilities from 
minority backgrounds through cultural competency training and 
application, data collection and analysis, evaluation, and 
dissemination of evidence-based practices. The priority also would be 
aligned with paragraph (b) of Priority 2--Promoting Innovation and 
Efficiency, Streamlining Education With an Increased Focus on Improving 
Student Outcomes, and Providing Increased Value to Students and 
Taxpayers from the Secretary's Final Supplemental Priorities and 
Definitions for Discretionary Grant Programs, published in the Federal 
Register on March 2, 2018 (83 FR 9096). Nothing in the proposed 
priority and requirements would alter an applicant's or grantee's

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obligations to comply with nondiscrimination requirements in the U.S. 
Constitution and Federal civil rights laws, including nondiscrimination 
on the basis of race or ethnicity, among other bases.

References

American Psychological Association. (2012). Dual pathways to a better 
America: Preventing discrimination and promoting diversity. https://www.apa.org/pubs/info/reports/dual-pathways-report.pdf.
Assume Nothing! A Monograph from the 38th Institute on Rehabilitation 
Issues to Address Underserved Populations, Including Individuals Who 
Are Deaf-Blind (2014). https://ncrtm.ed.gov/Download.aspx?type=doc&id=4645.
Balcazar, F., Suarez-Balcazar, T., & Taylor-Ritzler, T. (2009). 
Cultural competence: Development of a conceptual framework. Disability 
and Rehabilitation.
Balcazar, F., Suarez-Balcazar, Y., Keys, C., Taylor-Ritzler, T. (2010). 
Race, Culture and Disability: Rehabilitation Science and Practice. 
Jones & Bartlett Publishers, Inc.
Garcia, Brittany. (2015). Vocational Rehabilitation Counseling 
Competency with African Americans: A Professional Development Workshop. 
A project presented to the faculty of Graduate and Professional Studies 
in Education California State University, Sacramento. Submitted in 
partial satisfaction of the requirements for the degree of Master of 
Science in Counseling (Vocational Rehabilitation). https://pdfs.semanticscholar.org/8a15/72bca5b0db05417cf6dff4583dcede23368d.pdf.
Georgetown University: Health Policy Institute. Cultural Competency in 
Health Care: Is It Important for People with Chronic Conditions? 
https://hpi.georgetown.edu/cultural/#.
Hasnain, R., Sotnik, P., & Ghiloni, C. (2003). Person-Centered 
Planning: A gateway to improving vocational rehabilitation services for 
culturally diverse individuals with disabilities. Journal of Vocational 
Rehabilitation.
Human Services Edu: Educating to Better the Lives of Others. 
Understanding Cultural Competency. www.humanservicesedu.org/cultural-competency.html.
Rehabilitation Act of 1973, as amended, Section 21(a)(3). U.S. Bureau 
of Labor Statistics Current Population Survey (2019) https://www.bls.gov/cps/tables.htm.

    Proposed Priority:

Project Activities

    To be considered for funding under this priority, applicants must, 
at a minimum, propose a project that will conduct the following 
activities in a culturally appropriate manner:
    (a) Collect and analyze data, including from RSA-911 data \1\ and 
other relevant sources, about the minority populations and 
subpopulations identified in the application. Data may include, but is 
not limited to, employment outcomes, earnings, retention, length of 
time in VR, challenges or barriers to employment and retention, 
education, and other relevant data, as available;
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    \1\ The RSA-911 collects a variety of participant 
characteristics (sex, age, race, disability, health insurance, 
education level, etc.), barriers to employment (ex-offender, 
homeless, single parent, etc.), services provided (career, training, 
and other services), duration of VR case, employment status at the 
time of exit from the program, and employment status post-exit.
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    (b) Share the data about the identified minority populations and 
subpopulations with RSA, State VR agencies, RSA VR technical assistance 
centers, and other relevant partners and stakeholders;
    (c) Develop new or modify existing cultural competency training 
curricula for VR counselors and paraprofessionals, and human resource 
and professional development specialists working in State VR agencies 
and related agencies. To satisfy this requirement, the curricula must--
    (1) Contain knowledge, critical awareness, and skills development 
that confront structural and systemic inequalities;
    (2) Address:
    (i) Actions that lead to change, such as full inclusion and 
participation in the mainstream of society, an individual's right to 
pursue a meaningful career, respect for self-determination and informed 
choice, and competitive employment;
    (ii) Exploration of unconscious and conscious biases, privilege, 
stereotypes, and prejudicial attitudes; and
    (iii) An examination of service culture, policies and practices; 
and lack of trust in the State VR agency;
    (3) Incorporate principles of person-centered planning;
    (4) Incorporate culturally appropriate and culturally sensitive 
training methods;
    (5) Include evidence-based \2\ content, to the extent possible; and
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    \2\ 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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    (6) Include other critical content, as determined by the project;
    (d) Gather input and feedback from a diverse group of stakeholders 
and subject matter experts to inform the curricula, training and 
application, and evaluation, including RSA, State VR agencies, and 
other relevant partners;
    (e) Require, as part of the training, that participants develop 
action plans to continue applying the knowledge, practices, and 
awareness gained from the training in their respective work settings;
    (f) Create two cohorts to pilot the cultural competency training by 
the end of the first year and evaluate the results. The cohorts must be 
comprised of VR counselors and paraprofessionals, and human resource 
and professional development specialists working in State VR agencies 
and related agencies. For the first cohort, the grantee must collect 
pre- and post-assessments and feedback from participants. After the 
first cohort, the grantee must make revisions and improvements to the 
training curricula, as necessary. The grantee must then test the 
training in a second cohort to determine if the revisions and 
improvements worked.
    (g) Deliver cultural competency training to VR counselors and 
paraprofessionals, and human resource and professional development 
specialists working in State VR agencies and related agencies in years 
two, three, four, and five. To meet this requirement, the grantee 
will--
    (1) Conduct outreach to VR counselors and paraprofessionals, and 
human resource and professional development specialists working in 
State VR agencies and related agencies so that they are aware of, and 
can participate in cultural competency training;
    (2) Offer training using a variety of methods such as a traditional 
classroom setting, through distance learning facilitated by qualified 
instructors, through regional trainings and through other delivery 
methods, as appropriate, to meet the needs of the targeted audience;
    (3) Use an online learning platform that is user friendly, 
compatible with most mobile devices and State VR agency platforms, and 
meets government and industry-recognized standards for accessibility 
and cybersecurity;

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    (4) Use grant funds to offset costs associated with travel for 
participants, as needed;
    (5) Conduct an assessment before and after providing training for 
each participant in order to establish baseline knowledge, and assess 
strengths and specific areas for improvement, attainment and 
application of skills, and any issues or challenges to be addressed 
post-training to ensure improved delivery of VR services to the 
minority populations and subpopulations identified in the application;
    (6) Assess participant progress towards completing their action 
plans and provide coaching to address issues or challenges, as needed; 
and
    (7) Offer continuing education units (CEUs), Commission on 
Rehabilitation Counseling Credit (CRCC), Certified Rehabilitation 
Counselor (CRC) credit, a certificate of completion, or another form of 
documentation or verification, as appropriate, to participants that 
successfully complete the training and fulfill their action plans.
    (h) Enable State VR agencies to apply cultural competency practices 
to various activities of State VR agencies. In Assume Nothing! A 
Monograph from the 38th Institute on Rehabilitation Issues to Address 
Underserved Populations, Including Individuals Who Are Deaf-Blind 
(2014), several recommendations were offered to help State VR agencies 
remove attributes of service design and delivery that may result in 
inequality. In line with those recommendations, to meet this 
requirement, applicants must--
    (1) Examine reasons for successful and unsuccessful closures among 
minority VR program participants and identify disparities between 
minority and non-minority participants; and collaborate and share data 
on the disparities between minority and non-minority participants with 
State VR agencies and the VR-TA Center-Quality Management (VRTAC-QM) 
and VR TA Center-Quality Employment (VRTAC-QE) to inform their work 
with State VR agency personnel to ensure that management decisions are 
established that support sustainable changes in the way outreach, 
intake, and VR services are provided based on the cultural competency 
training VR personnel receive;
    (2) Select two of the following focus areas--
    (i) Update or revise existing policies and procedures or develop 
new action plans to strengthen and improve delivery of services in a 
culturally appropriate and culturally sensitive manner;
    (ii) Establish new partnerships and strengthen existing 
partnerships with community rehabilitation providers, workforce 
programs, and other relevant local community agencies and organizations 
(i.e., agencies and organizations that provide services related to 
behavior and mental health, substance dependence, and intellectual 
developmental disabilities) to better meet the needs of individuals 
with disabilities from minority backgrounds;
    (iii) Develop business engagement activities for individuals with 
disabilities from minority backgrounds;
    (iv) Create opportunities to involve participants from minority 
populations, or subpopulations, as appropriate, in the establishment of 
policies and procedures that encourage collaboration between State VR 
agencies and other State agencies;
    (v) Develop opportunities for staff development and retention 
designed to provide new and existing VR counselors and 
paraprofessionals, and administrators from minority populations and 
subpopulations with peer-to-peer mentorship, as well as guidance and 
support they may need to be successful; and
    (vi) Any other activity that improves delivery of services to and 
outcomes for individuals with disabilities from minority backgrounds;
    (3) Develop products, offer communities of learning, conduct 
webinars, and offer other training and technical assistance delivery 
methods, as appropriate, related to (1) and (2) described above; and
    (4) Provide follow-up to State VR agencies to support the 
sustainability of cultural competency practices;
    (i) Gather input and feedback from a diverse group of stakeholders 
and subject matter experts to inform the training curricula, 
application of cultural competency practices in each selected area of 
focus, evaluation, and product developed, and work collaboratively with 
RSA, State VR agencies, and other relevant partners;
    (j) Evaluate the project. To satisfy this requirement, the grantee 
must--
    (1) Assess whether-cultural competency training provided to VR 
counselors and paraprofessionals, and human resource and professional 
development specialists working in State VR agencies and related 
agencies contributed to improvements in the delivery of services to and 
employment outcomes for individuals with disabilities from minority 
backgrounds;
    (2) Assess whether the application of cultural competency practices 
led to improvements in policies, approaches, and behaviors in State VR 
agencies;
    (3) Through voluntary focus groups, use of a unique identifier, or 
another approach that adheres to participant confidentiality 
requirements in 34 CFR 361.38, gather input and feedback from VR 
program participants who identify as members of the minority 
populations or subpopulations described in the application about their 
experiences to assess whether the cultural competency training and 
application of cultural competency practices contributed to 
improvements in the delivery of service; and
    (4) Develop a plan for an evaluation that includes, but is not 
limited to, approaches and methodologies, timelines, instruments, or 
tools that will be used, a timeline for the evaluation and measurement 
benchmarks, and a process for gathering feedback from VR counselors and 
paraprofessionals, and human resource and professional development 
specialists, and State VR agencies for continuous improvement 
throughout years two, three, four, and five of the project;
    (k) Develop and maintain a state-of-the-art archiving and 
dissemination platform, or modify an existing platform, that is open 
and available to all VR counselors, paraprofessionals, and human 
resource and professional development specialists, and State VR 
agencies. To meet this requirement, the grantee must--
    (1) Ensure the archiving and dissemination platform provides a 
central location for all material related to the project, such as data 
collection, reports, training curricula, audiovisual materials, 
webinars, communities of learning, examples of evidenced-based and 
promising practices related to the selected areas of focus, and other 
relevant material;
    (2) Ensure that all material produced by the project meet 
government and industry-recognized standards for accessibility and 
cybersecurity;
    (3) Disseminate information about the project, including products 
such as outreach, training curricula, presentations, reports, outcomes, 
and other relevant information through RSA's National Clearinghouse of 
Rehabilitation Training Materials (NCRTM) (https://ncrtm.ed.gov/); and
    (4) In the final year budget period, ensure the archiving and 
dissemination platform can be sustained or coordinate with RSA to 
transition the platform to the NCRTM so that it may be archived and 
accessible to all after the grant ends;
    (5) Disseminate, to all State VR agencies, RSA-funded 
Rehabilitation Long-Term Training projects and TA Centers, Department-
funded programs, and Federal partners, as applicable, the

[[Page 44252]]

training material for incorporation into existing curricula, as well as 
products, analysis of data collected, evidence-based and promising 
practices, and lessons learned. To satisfy this requirement, the 
grantee must--
    (i) Develop participant guides, implementation materials, toolkits, 
manuals, and other relevant material for instructors, facilitators, 
State VR agency directors, and human resource and professional 
development specialists to effectively deliver cultural competency 
training, in their respective organizations; and
    (ii) Provide outreach to and support State VR agencies, RSA-funded 
Rehabilitation Long-Term Training projects and TA Centers, Department-
funded programs, and Federal partners, as applicable, in incorporating 
or expanding cultural competency training and in applying cultural 
competency practices across selected focus areas.

Proposed Application Requirements

    The Assistant Secretary proposes the following requirements for 
this activity. We may apply one or more of these requirements in any 
year in which this activity is in effect. RSA encourages innovative 
approaches to meet these requirements:
    (a) Demonstrate, in the narrative section of the application under 
``Significance of the Proposed Project,'' the minority populations and 
subpopulations that will be addressed by this project. To meet this 
requirement, applicants must--
    (1) Describe the disparities that exist with respect to VR services 
and employment outcomes for individuals with disabilities from minority 
backgrounds, identify education and training needs and any challenges 
to obtaining education and employment, and present any relevant data;
    (2) Describe how the project proposes to improve VR services for, 
and employment outcomes of, individuals with disabilities from the 
identified minority backgrounds and subpopulations;
    (3) Describe how data about the identified minority populations and 
subpopulations will be collected and analyzed to inform the field and 
the training curricula;
    (4) Demonstrate how the proposed project will increase the number 
of VR counselors and paraprofessionals, and human resource and 
professional development specialists trained in providing culturally 
competent VR services. To meet this requirement, applicants must--
    (i) Describe the cultural competencies that VR counselors and 
paraprofessionals must demonstrate to provide high-quality services to 
individuals with disabilities from minority backgrounds; and
    (ii) Present information about potential challenges or difficulties 
to effectively provide cultural competency training and to apply 
cultural competency practices and any evidence-based practices or 
strategies that may be used to address these challenges;
    (b) Demonstrate, in the narrative section of the application under 
``Quality of Project Design,'' how the proposed project will meet the 
requirements and intended outcomes of this priority. To meet this 
requirement, applicants must--
    (1) Describe the plan for implementing the project, including key 
activities, timelines, milestones, and measurable intended project 
outcomes. The plan should contain adequate time to develop and pilot 
the training curricula, as well as develop content to support the 
selected areas of focus. The plan should also build in alternative ways 
to deliver training and conduct participant follow-up, in the event 
that convening face-to-face is not possible due to health and safety 
concerns;
    (2) Describe how the proposed project will gather input and 
feedback from a diverse group of stakeholders and subject matter 
experts to inform the curricula, training and application, and 
evaluation, including communication and coordination with RSA, State VR 
agencies, and other relevant partners. The plan must include 
alternative forms of communication if in-person meetings are not 
permitted due to health safety and concerns;
    (3) Describe how the proposed project will provide outreach to VR 
counselors and paraprofessionals, and human resource and professional 
development specialists working in State VR agencies and related 
agencies so that they are aware of, and can participate in cultural 
competency training;
    (4) Describe how cultural competency training will be provided to 
VR counselors and paraprofessionals, and human resource and 
professional development specialists working in State VR agencies and 
related agencies, which must include--
    (i) Proposed methods, frequency, and duration of the training;
    (ii) A proposed methodology for determining training topics;
    (iii) A description of how the training needs of recipients, 
including their ability to respond effectively to the training will be 
assessed;
    (iv) Proposed coaching techniques that may be provided to VR 
counselors and paraprofessionals, and human resource and professional 
development specialists working in State VR agencies or related 
agencies to address issues or challenges, as needed;
    (v) A proposed training module or an outline of a training module 
to demonstrate how VR counselors and paraprofessionals, and human 
resource and professional development specialists would be trained. The 
module or outline is a required attachment in the application and must 
include, at a minimum--
    (A) The goals and objectives of the training module;
    (B) A description of what participants should know and be able to 
do as a result of successfully completing the module or presentation;
    (C) Up-to-date resources, publications, and other materials that 
may be used to develop the training module or outline;
    (D) Exercises that will provide an opportunity for application of 
the subject matter;
    (E) A description of how participant knowledge, skills, and 
abilities will be measured; and
    (F) A description of how the outcomes and impact of the cultural 
competency training will be measured;
    (5) Describe how the project will incorporate current research and 
evidenced-based and promising practices, including research about adult 
learning principles and implementation science, in the development of 
culturally competent training curricula and enable State VR agencies to 
apply cultural competency practices to various activities of State VR 
agencies;
    (6) Describe how the project will examine reasons for successful 
and unsuccessful closures among minority VR program participants, 
identify disparities between minority and non-minority participants, 
and describe how this information will be shared with State VR agencies 
and the VRTAC-QM and VRTAC-QE in ways that will inform their work with 
State VR agency personnel to ensure that management decisions are 
established that support sustainable changes in the way outreach, 
intake, and VR services are provided based on the cultural competency 
training VR personnel receive;
    (7) Select two focus areas from the list described in the priority 
and develop products, offer communities of learning, conduct webinars, 
and offer other training and technical assistance delivery methods that 
are of high quality and of sufficient intensity and duration to achieve 
the intended outcomes of the proposed project. To

[[Page 44253]]

meet this requirement, applicants must describe--
    (i) Knowledge, skills, and experience in each of the selected areas 
of focus;
    (ii) Methods, frequency, and duration of the activities;
    (iii) Proposed methodology for determining selected areas of focus; 
and
    (iv) How follow-up will be provided to State VR agencies to support 
the sustainability of cultural competency practices within the selected 
areas of focus; and
    (8) Describe how the proposed project will use accessible 
technology to achieve the intended project outcomes.
    (c) Demonstrate, in the narrative section of the application under 
``Adequacy of Project Resources,'' how the proposed costs are 
reasonable in relation to the anticipated results and benefits. In 
order to meet this requirement, applicants must--
    (1) Describe any proposed consultants or contractors named in the 
application, their areas of expertise, and provide rationale to 
demonstrate the need;
    (2) Describe costs associated with technology, including, but not 
limited to, maintaining an online learning platform, state-of-the-art 
archiving and dissemination platform, and communication tools (i.e., 
Microsoft Teams, Zoom, Google, Amazon Chime, Skype, etc.) ensuring all 
products and services meet government-recognized industry standards for 
accessibility, including costs associated with captioning and 
transcription services, and cybersecurity;
    (3) Designate funds to travel to Washington, DC, or for virtual 
conferences and meetings when the in-person meetings are not possible 
due to health and safety concerns, in the beginning of the second year 
of the project for a one and one half day meeting to present an 
analysis of the pilots, training curricula, delivering additional 
activities in the selected focus areas, and plans for outreach, 
dissemination, and evaluation of the project; and
    (4) Designate funds to travel to Washington, DC, or virtual 
conferences and meetings when in-person meetings are not possible due 
to health and safety concerns, in the final year of the project for a 
one and one half day meeting to present an analysis of data collected, 
outcomes, results of the evaluation, evidence-based and promising 
practices, and lessons learned;
    (d) Demonstrate, in the narrative section of the application under 
``Quality of Project Personnel,'' 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) Projects will be operated in a manner consistent with 
nondiscrimination requirements contained in the U.S. Constitution and 
the Federal civil rights laws;
    (3) The proposed key project personnel will demonstrate the 
qualifications and experience to provide the training required under 
this proposed priority and to achieve the project's intended outcomes, 
including how the proposed project personnel have a degree of knowledge 
and understanding of cultural factors sufficient to ensure the delivery 
of training in a culturally appropriate manner; and
    (4) The proposed project personnel will demonstrate knowledge and 
experience working with the VR profession, especially in the provision 
of services to individuals from minority backgrounds and in working 
with VR counselors, paraprofessionals, human resource and professional 
development specialists, and State VR agencies;
    (e) Demonstrate, in the narrative section of the application under 
``Quality of the Management Plan,'' how the applicant will ensure 
that--
    (1) The project's intended outcomes, including the evaluation, will 
be achieved on time and within budget, through--
    (i) Clearly defined responsibilities of key project personnel, 
consultants, and contractors, as applicable;
    (ii) Procedures to track and ensure completion of the action steps, 
timelines, and milestones established for key project activities, 
requirements, and deliverables;
    (iii) Internal monitoring processes to ensure that the project is 
being implemented in accordance with the established application, 
cooperative agreement, once developed, and project plan; and
    (iv) Internal financial management controls to ensure accurate and 
timely obligations, drawdowns, and reporting of grant funds, as well as 
monitoring contracts, in accordance with the Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
Awards at 2 CFR part 200 and the terms and conditions of the Federal 
award;
    (2) The allocation of key project personnel, consultants, and 
contractors, as applicable, including levels of effort of key personnel 
that are appropriate and adequate to achieve the project's intended 
outcomes, including an assurance that key personnel will have enough 
availability to ensure timely communications with stakeholders and RSA;
    (3) The products and services are of high quality, relevance, and 
usefulness, in both content and delivery; and
    (4) The proposed project will benefit from a diversity of 
perspectives, including those of State and local personnel, individuals 
with disabilities from minority backgrounds, providers, researchers, 
and policy makers, among others, in its development and operation.
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    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);

[[Page 44254]]

    (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 priority and 
requirements 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 proposing the priority and requirements only on a reasoned 
determination that their benefits would 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 
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 and requirements 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.

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 this proposed 
priority and requirements 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 interfere 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 IHEs that may apply. We believe that the 
costs imposed on an applicant by the proposed priority and requirements 
would be limited to paperwork burden related to preparing an 
application and that the benefits of the proposed priority and 
requirements would outweigh any costs incurred by the applicant. There 
are very few entities that could provide the type of technical 
assistance required under the proposed priority and requirements. For 
these reasons, the proposed priority and requirements would not impose 
a burden on a significant number of small entities.
    Paperwork Reduction Act of 1995: The proposed priority and 
application requirements contains 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

[[Page 44255]]

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. 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 a 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. 2020-14535 Filed 7-21-20; 8:45 am]
BILLING CODE 4000-01-P