[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Rules and Regulations]
[Pages 46538-46550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16685]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[ED-2020-OSERS-0104]


Final Priorities, Requirements and Definitions--Rehabilitation 
Training: Vocational Rehabilitation Technical Assistance Center-Quality 
Management; and Vocational Rehabilitation Technical Assistance Center-
Quality Employment

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

ACTION: Final priorities, requirements, and definitions.

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SUMMARY: The Department of Education (Department) announces priorities, 
requirements, and definitions under the Rehabilitation Training 
program, Catalog of Federal Domestic Assistance (CFDA) numbers 84.264J 
and 84.264K. The Department may use one or more of these priorities, 
requirements, and definitions for competitions in fiscal year (FY) 2020 
and later years. We take this action to focus attention on an 
identified national need to fund a Vocational Rehabilitation Technical 
Assistance Center for Quality Management (VRTAC-QM) and a Vocational 
Rehabilitation Technical Assistance Center for Quality Employment 
(VRTAC-QE). We intend for the VRTAC-QM and VRTAC-QE to increase the 
number and quality of employment outcomes for individuals with 
disabilities through training and technical assistance to State 
vocational rehabilitation (VR) agency personnel. We expect the VRTAC-QM 
to enable State VR agency personnel to manage available resources 
better and improve service delivery, and the VRTAC-QE to support State 
VR agency personnel to implement innovative and effective employment 
strategies and supporting practices.

DATES: Effective Date: These priorities, requirements, and definitions 
are effective September 2, 2020.

FOR FURTHER INFORMATION CONTACT: For 84.264J: Douglas Zhu, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 5095, Potomac 
Center Plaza, Washington, DC 20202-2800. Telephone: (202) 245-6037. 
Email: [email protected]. For 84.264K: Felipe Lulli, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5101, Potomac Center Plaza, 
Washington, DC 20202-2800. Telephone: (202) 245-7425. Email: 
[email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:
    Purpose of Program: Under the Rehabilitation Act of 1973 
(Rehabilitation Act), as amended by the Workforce Innovation and 
Opportunity Act (WIOA), the Rehabilitation Services Administration 
(RSA) makes grants to States and public or nonprofit agencies and 
organizations (including institutions of higher education) to pay part 
of the cost of projects to provide State VR agency personnel with 
training and technical assistance designed to assist in increasing the 
numbers of, and upgrading the skills of, qualified personnel 
(especially rehabilitation counselors), who are trained in providing 
vocational, medical, social, and psychological rehabilitation services 
to individuals with disabilities. They are also trained to assist 
individuals with communication and related disorders and to provide 
other services authorized under the Rehabilitation Act.
    Program Authority: 29 U.S.C. 772(a)(1).
    Applicable Program Regulations: 34 CFR part 385.
    We published a notice of proposed priorities, requirements, and 
definitions (NPP) for this program in the Federal Register on April 9, 
2020 (85 FR 19908). That notice contained background information and 
our reasons for proposing the particular priorities, requirements, and 
definitions.
    Except for minor editorial and technical revisions for grammar and 
clarity and three minor substantive changes explained in the discussion 
of comments that follow, there are no differences between the proposed

[[Page 46539]]

priorities, requirements, and definitions and these final priorities, 
requirements, and definitions.
    Public Comment: In response to our invitation in the NPP, 12 
parties submitted comments on the proposed priorities, requirements, 
and definitions.
    We group major issues according to subject and discuss substantive 
issues under each of the titles--priorities, requirements, and 
definitions--to which they pertain. Generally, we do not address 
technical and other minor changes, or suggested changes the law does 
not authorize us to make. In addition, we do not address general 
comments that raise concerns not directly related to the proposed 
priorities, requirements, or definitions.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priorities, requirements, and definitions since 
publication of the NPP follows.

Priorities

    Comment: Some commenters expressed concern that the proposed 
priorities contained what appeared to be some conceptual overlapping of 
lead responsibilities between the VRTAC-QM and the VRTAC-QE, for 
example, between improving VR service delivery and implementing 
employment strategies. One of the commenters referenced the centers' 
shared focus on pre-employment transition services. Another commenter 
pointed out that both centers are required to engage with the training 
and technical assistance resources funded by the U.S. Departments of 
Education, Labor, and Health and Human Services. The commenters 
recommended that the final priorities provide specifics about the 
nature and extent of required coordination between the two VRTACs to 
ensure that each center's resources are used most effectively, clearly 
differentiate the lead responsibilities among the centers, and require 
the centers to coordinate their work on the State, regional, and 
national levels.
    Discussion: The Department appreciates the commenters' suggestions 
and recommendations. The Department agrees that clarity of roles and 
coordination of activities between the centers are necessary for the 
efficient and cost-effective delivery of intensive training and 
technical assistance to State VR agency personnel. This is why we 
require the VRTAC-QM and VRTAC-QE to coordinate training and technical 
assistance with other technical assistance centers. Such clarity and 
coordination are especially critical because both centers will assist 
VR agencies to improve the provision of VR services, including pre-
employment transition services and the achievement of quality 
employment outcomes. The VRTAC-QM pursues these goals through improved 
program management and resource utilization, whereas the VRTAC-QE 
focuses on the implementation of promising employment strategies and 
practices. Coordination and clarity of roles between the VRTAC-QM and 
VRTAC-QE will be pursued through RSA's cooperative agreement with each 
center, training and technical assistance agreements with each State VR 
agency, RSA leadership and direction at the national level, and ongoing 
communication between the respective project officers. As such, further 
clarification and differentiation are not necessary.
    Changes: None.
    Comment: One commenter noted that although the WIOA Joint Rule for 
Unified and Combined State Plans, Performance Accountability, and One-
Stop System Joint Provisions became effective on October 18, 2016, 
several key RSA policy directives and technical assistance circulars 
that have provided guidance in implementing those regulations were 
released a year or more later. As a result, State VR agencies still 
need technical assistance to ensure effective implementation of the 
requirements of the newer rules. The commenter suggested that Priority 
1, VRTAC-QM, include a more general focus on continued training and 
technical assistance to assist State VR agencies in implementing the 
requirements of WIOA.
    Discussion: The Department appreciates the commenter's suggestion. 
As stated in the purpose of the program in the VRTAC-QM and the VRTAC-
QE priorities, each project will provide training and technical 
assistance to State VR agency personnel to equip and increase the 
number of personnel with the necessary skills to implement the 
provisions in the Rehabilitation Act as amended by WIOA. The VRTAC-QM 
and VRTAC-QE will provide training and technical assistance to address 
the need of State VR agencies to ensure effective implementation of the 
requirements of WIOA, including those raised by the commenter.
    Changes: None.
    Comment: One commenter noted that resource limitations related to 
States' challenges in meeting VR program match requirements, as well as 
the requirement to reserve at least 15 percent of Federal VR program 
funds for pre-employment transition services to eligible and 
potentially eligible students with disabilities, have reduced State VR 
agencies' ability to serve all eligible individuals with disabilities. 
The commenter stated that, in the absence of significant additional 
resources devoted to serving individuals with disabilities, the 
coronavirus pandemic's current and future impact on State budgets and 
labor markets will almost certainly lead to even fewer eligible 
individuals being served and smaller numbers of employment outcomes 
among VR participants in program year 2020 and beyond. This commenter 
suggested that targeted and intensive technical assistance can help VR 
agencies identify ways to use available resources more effectively.
    Discussion: The Department appreciates the commenter's support for 
the priorities. Under the priority for quality management, the VRTAC-QM 
will be able, through targeted and intensive technical assistance, to 
help State VR agencies to identify ways to use available resources more 
effectively and to implement program and resource management strategies 
and practices that lead to effective and efficient service delivery and 
quality employment outcomes.
    Changes: None.
    Comment: Several commenters addressed the COVID-19 pandemic's 
potential impact on VRTAC-QM and VRTAC-QE's intensive training and 
technical assistance delivery methods, topic areas, and performance 
assessments. A few of the commenters inquired whether RSA would allow 
the centers' intensive training and technical assistance to be 
delivered virtually rather than in-person, if necessary or advisable 
due to continued travel restrictions and social distancing 
requirements. One commenter recommended that the intensive training and 
technical assistance include a focus on promoting effective distance 
service delivery and community engagement approaches, especially in the 
provision of pre-employment transition services. Another commenter 
inquired whether RSA would consider the pandemic's impact on State 
budgets, local economies, employers, and, ultimately, VR participants 
in its evaluation of the centers' performance.
    Discussion: The VRTAC-QM and the VRTAC-QE will provide training and 
technical assistance to State VR agency personnel to achieve the State 
VR agency's program management, service delivery, and quality 
employment goals in a manner consistent with the priority and with each 
State's particular circumstances, including those related to COVID-19. 
The centers' training and technical assistance will help VR

[[Page 46540]]

personnel to assess and improve the VR agency's management and service 
delivery systems, which may include remote delivery of services, 
including how to provide pre-employment transition services remotely. 
Further, while intensive training and technical assistance are 
typically provided on-site, nothing in the priorities precludes the 
VRTAC-QM and VRTAC-QE from providing the training and technical 
assistance remotely if on-site delivery is not possible or advisable. 
The service delivery and performance evaluation considerations related 
to COVID-19 can be addressed in the cooperative agreement between RSA 
and the respective technical assistance center. To reflect that the 
priorities are broad enough to encompass these activities, RSA has 
revised the priorities to address remote delivery of training and 
technical assistance and to provide technical assistance on remote 
delivery of services.
    Changes: We have revised the definition of ``intensive training and 
technical assistance'' under the Final Definitions section by adding 
remote delivery as needed and appropriate.
    Comment: One commenter asserted that the VRTAC-QE should not be 
responsible for directly implementing employment strategies and 
supporting practices in the participating State VR agencies.
    Discussion: We agree with the commenter that the VR agencies are 
responsible for implementing specific strategies or practices in their 
States. The VRTAC-QE and VRTAC-QM are responsible for conducting 
comprehensive reviews of current and promising strategies and 
practices, presenting them as options to participating State VR agency 
personnel, and providing high-quality and relevant intensive training 
and technical assistance to State VR agency personnel if they choose to 
implement selected strategies or practices.
    Changes: None.
    Comment: Several commenters expressed concern that the proposed 
priorities did not sufficiently emphasize training and technical 
assistance to Community Rehabilitation Programs (CRPs), given the 
importance of CRPs' role in promoting quality employment outcomes for 
individuals with disabilities. One of the commenters noted that the 
proposed priorities focus exclusively on improving the knowledge, 
skills, and capabilities of VR personnel but devote little or no 
attention to the knowledge, skills, and capabilities of CRP personnel. 
One commenter pointed out that only one of the six listed supporting 
practices explicitly references CRPs. Another commenter stressed the 
need for flexible and innovative approaches for CRPs in Supported 
Employment, in particular. The commenters recommended that the proposed 
priorities elevate the role of CRPs and prioritize training and 
technical assistance to CRP personnel.
    Discussion: We agree that CRPs play a very important role in 
promoting quality employment outcomes for individuals with 
disabilities. Consistent with section 302 of the Rehabilitation Act, as 
amended by WIOA, the purpose of these priorities is to support projects 
that provide training and technical assistance designed to assist in 
increasing the numbers of, and upgrading the skills of, qualified 
personnel (especially rehabilitation counselors). The VRTAC-QM and 
VRTAC-QE will provide intensive training and technical assistance to VR 
personnel according to a signed agreement between RSA and each 
participating State VR agency. The intensive training and technical 
assistance agreement includes the specific State agency's goals and 
objectives, selected strategies and practices, individuals or groups of 
individuals to receive the training and technical assistance, and 
designated partner organizations. The intensive training and technical 
assistance provided under an agreement may involve CRPs as partner 
organizations because of their expertise in and potential contributions 
to the implementation of VRTAC-QM or VRTAC-QE strategies and practices 
and may include topics and approaches such as those recommended by the 
commenter.
    Changes: We added a reference to CRPs and other partners in both 
priorities.
    Comment: One commenter noted that the employment rate of people 
with intellectual and developmental disabilities has been nationally 
around 20 percent for the last 10 years, and a reasonable person would 
have a hard time believing that the low rate is because of what VR 
counselors are doing or not doing, or that technical assistance can 
make a positive impact. This commenter suggested that when starting the 
technical assistance centers, it would be prudent for the centers to 
include people who can analyze such data.
    Discussion: The Department agrees that it is necessary for the 
technical assistance centers to include personnel who can analyze data. 
Data collection, data analysis, and evaluation are addressed in the 
proposed priorities and project requirements and include activities 
such as analyzing case service data, including the VR Program Case 
Service Report (RSA-911) data and other agency performance data, to 
identify trends and inconsistencies in program performance and 
developing strategies to improve the quantity and quality of employment 
outcomes achieved by various groups of individuals with disabilities 
served by the VR program.
    Changes: None.
    Comment: A few commenters noted that many nonprofit organizations 
employ people with disabilities and have the capacity to hire and train 
more people with disabilities than they currently hire and train. These 
commenters suggested that the VRTAC-QE assist VR agencies' personnel to 
expedite and streamline the referral of persons with disabilities to 
nonprofit organizations.
    Discussion: The Department appreciates the commenters' suggestions. 
Nothing in the priorities precludes the technical assistance centers 
from providing training and technical assistance to VR agency personnel 
on topics related to improving referrals for the purpose of assisting 
individuals with disabilities to achieve competitive integrated 
employment, if it is identified as a need by a VR agency.
    Changes: None.
    Comment: One commenter noted that the way in which current program 
performance measures are calculated is important, but that it is even 
more important both to understand the limitations on the reliability 
and validity of the data used to calculate the measures and to ensure 
that program performance data are used appropriately to inform program 
and policy decisions. The work of the Technical Assistance Center for 
Program Evaluation and Quality Assurance (PEQA-TAC), including the 
collaborative Summit Conference in which the PEQA-TAC has played a 
major role in recent years, has been of tremendous value in enhancing 
VR agencies' use of effective program evaluation strategies, according 
to the commenter. The commenter suggested that the VRTAC-QM focus on 
enhancing VR agencies' ability to effectively use both performance 
measurement strategies and in-depth program evaluation processes as 
recommended by the Government Accountability Office in publications 
such as GAO-05-739SP and GAO-11-646SP.
    Discussion: The Department agrees with the commenter that the 
ability of VR personnel to effectively use both performance measurement 
strategies

[[Page 46541]]

and in-depth program evaluation processes is important for VR program 
management. Since conducting quality assurance and performance 
improvement, including the use of data for performance management 
systems and the implementation of the common performance measures 
required by WIOA, are already included in the priority for VRTAC-QM, 
there is no need to make changes to the priority to address this focus 
area.
    Changes: None.
    Comment: One commenter suggested that RSA continue funding for the 
existing technical assistance centers that have effectively served VR 
agencies over the past several years. The commenter also stated that 
the challenges inherent in establishing new national technical 
assistance centers will inevitably result in delays in the centers' 
collective ability to respond to the needs of State VR agencies, as 
well as gaps in the technical assistance available to VR agencies that 
they can ill afford to experience during a time of ongoing change in 
State VR programs, particularly in light of the current and ongoing 
challenges that all VR agencies face in addressing the COVID-19 
pandemic. The commenter suggested that RSA consider continuing funding 
the current technical assistance centers for at least the next two 
years.
    Discussion: The Department agrees with the commenter that the 
current centers have performed well and continued technical assistance 
is needed. The current centers were put in place to respond to very 
specific changes WIOA made to the Rehabilitation Act, and State VR 
agencies are in a different place now than they were five years ago 
with respect to implementing the changes. The current set of RSA-funded 
VR technical assistance centers will be reaching the end of their five-
year performance period, and the Department believes the new priority 
areas will provide the training and technical assistance that State VR 
agencies need. Given the status of the State VR agencies in 
implementing the specific changes based on WIOA, RSA believes that 
State VR agency personnel will benefit from technical assistance to 
achieve the State VR agency's program management, service delivery, and 
quality employment goals, in a manner consistent with the priority and 
with each State's particular circumstances, including those related to 
COVID-19. RSA expects that the new technical assistance centers will be 
able to respond to the technical assistance needs of the State VR 
agencies.
    Changes: None.
    Comment: One commenter noted that quality management is a pressing 
topic for individuals with disabilities accessing the State VR program 
for the purpose of achieving competitive integrated employment. This 
commenter also noted that the amendments to the Rehabilitation Act 
emphasized expanding quality employment outcomes and career advancement 
for individuals with disabilities. The commenter suggested that the 
VRTAC-QM focus on fiscal and programmatic changes to VR agency 
operations that are philosophically consistent with the emphasis on 
expanding quality employment outcomes and career advancement for as 
many eligible individuals with disabilities as possible. The commenter 
also suggested that increasing the capacity of agencies in these areas 
should result in qualifying individuals for services in a manner that 
does not lead to the disqualification of other individuals.
    Discussion: The Department appreciates the commenter's suggestions. 
The priority for the VRTAC-QM stresses maximizing available resources 
to support consumer services and includes the types of services and 
outcomes suggested by the commenter.
    Changes: None.

Project Requirements

    Comment: One commenter suggested making it mandatory to include a 
representative from a CRP or a provider association on the advisory 
committee for the VRTAC-QM.
    Discussion: The Department acknowledges the important role of CRPs 
in assisting individuals with disabilities to achieve their employment 
outcomes. The proposed priority for the VRTAC-QM requires a 
representative of stakeholders, which would include CRPs, to serve on 
the committee. However, given the important role of CRPs in providing 
rehabilitation services, RSA agrees with the commenter that the 
committee must include a CRP representative.
    Changes: We added CRP representatives to the list of required 
members of the VRTAC-QM advisory committee in the Project Requirements 
section of Priority 1.
    Comment: One commenter asked for clarification regarding whether 
the VRTAC-QM has discretion to provide distinct intensive training and 
technical assistance to State VR agencies on resource management or 
programmatic management.
    Discussion: The Department believes that the VRTAC-QM should have 
the capacity to provide intensive training and technical assistance to 
VR agencies on both program management and resource management. The 
VRTAC-QM may provide training and technical assistance to State VR 
agency personnel on topics related to program management, resource 
management, or both, based on the participating State VR agency's 
identified needs.
    Changes: None.
    Comment: One commenter asked whether the state-of-the-art website 
and information technology (IT) platform to be established by the 
technical assistance centers for communicating with State VR agencies 
can be an existing website specifically designed to house and provide 
VR-specific information and resources, or whether a new site must be 
constructed.
    Discussion: If the grantee has a website that can be modified for 
the purpose of the specific technical assistance center and it meets 
all of the final requirements, RSA may approve that website. Otherwise, 
a new website must be constructed for the purpose of the VRTAC-QM or 
VRTAC-QE exclusively.
    Changes: None.
    Comment: One commenter suggested that the VRTAC-QM have three 
critical management objectives: (1) Explore strategies to respond to 
increased demands for services that build capacity through the redesign 
of service delivery, including, but not limited to, virtual counseling, 
outcome-based payments to incentivize success with job placement and 
worker retention, and increased emphasis on poverty reduction that 
recognizes the impact of financial stress on physical and mental 
health; (2) develop new options for collaboration that draw additional 
financial and human resources in coordination with VR to meet expanded 
client demand; and (3) expand coordination with the employer community 
to build new on-ramps and pathways into employment for individuals with 
disabilities through inclusive apprenticeships and entrepreneurial 
opportunities.
    Discussion: The Department agrees that these three objectives are 
reasonable options under the priorities, if they are among the needs 
identified by the participating VR agency; supported by the agency's 
strengths, weaknesses, opportunities for improvement, and threats 
(SWOT) quality management assessment; and included in the corresponding 
training and technical assistance agreement. Please note that building 
new on-ramps and pathways into employment for individuals with 
disabilities is

[[Page 46542]]

addressed through the priority for the VRTAC-QE.
    Changes: None.
    Comment: One commenter suggested that RSA establish criteria to 
prioritize the State VR agencies to receive intensive technical 
assistance from the technical assistance centers. The commenter noted 
that the criteria would be based on the degree to which State VR 
agencies exhibit (1) ownership of their conditions, (2) engagement 
willingness, (3) clear understanding of technical assistance to meet 
needs, and (4) partnership and communication capacities.
    Discussion: The Department agrees that, given the limited resources 
of the technical assistance centers, it is possible that there will be 
multiple VR agencies requiring training and technical assistance from 
the centers. The technical assistance centers need to have a system in 
place to address this scenario so that they can prioritize the training 
and technical assistance to the State VR agencies most in need. RSA 
will work with the technical assistance centers to prioritize which VR 
agencies get technical assistance through the cooperative agreement 
between RSA and the technical assistance centers.
    Changes: None.
    Comment: One commenter suggested that the Department be cautious 
reaching any conclusions regarding VR agencies' performance that are 
based primarily on data from Program Year (PY) 2017 and PY 2018 because 
the reliability, validity, and completeness of the new performance 
indicator data first reported in 2017 are limited. The commenter noted 
that the current RSA-911 reporting requirements that went into effect 
on July 1, 2017, compelled State VR agencies to make substantial, 
complex, and challenging revisions to the information collected and 
reported on the individuals they serve, and to provide significant 
training and support to VR counselors who are responsible for much of 
the new data collection. The commenter stated that, in particular, the 
PY 2017 and PY 2018 data on measurable skill gains (MSG) among VR 
participants enrolled in education or training were suppressed by 
limitations on the timeframe for reporting those gains, combined with 
the requirement for VR staff to verify the gains with supporting 
documentation for each reported skill gain, often under significant 
time pressure. This commenter also suggested that the employment 
records for VR participants maintained by State Unemployment Insurance 
(UI) programs do not include all VR participants who achieved 
employment outcomes. The commenter noted that, due to State VR 
agencies' limited resources for extensive ``contact tracing'' of 
individuals who do not have UI wage records, the data on participants' 
post-VR employment and earnings will continue being underreported for a 
period of time until all State VR agencies are able to access the 
cross-State UI wage data.
    Discussion: The Department appreciates the commenter's suggestions 
regarding data collection and analysis related to VR agencies' 
performance, MSG, and post-VR employment and earnings of VR 
participants. RSA has provided, and is continuing to provide, tools and 
technical assistance to VR agencies to help improve the completeness 
and accuracy of data reported by VR agencies. These tools and technical 
assistance include RSA-911 policy directives, RSA and Workforce 
Innovation Technical Assistance Center (WINTAC) training series on MSG 
and credential attainment, and exit and post-exit data elements. RSA 
believes that the technical assistance centers will further respond to 
VR agency personnel's needs in conducting data collection and analyses 
related to VR agencies' performance employment outcomes of individuals 
with disabilities, including MSG and post-VR employment and earnings 
data addressed by the commenter.
    Changes: None.
    Comment: None.
    Discussion: After further review of the project requirements, we 
did not want to limit the dissemination of the summative findings to 
only the fifth year of the grant, as there are formative findings 
throughout the grant period, while the technical assistance is 
occurring, that could be shared with a larger audience. We are 
interested in these additional presentations to give centers more 
opportunities to share about successes and challenges that they have 
experienced in order to better inform the work of the field in an 
incremental and progressive manner. Accordingly we are revising Project 
Requirement (7) under Priority 1 and Project Requirement (6) under 
Priority 2, as well as Additional Application Requirement (b)(6) under 
Priorities 1 and 2, to provide that the centers must engage in 
dissemination activities in all years of the grant period, with a 
special focus in the fifth year, rather than in the fifth year alone.
    Changes: We have revised Project Requirement (7) under Priority 1 
and Project Requirement (6) under Priority 2, as well as Additional 
Application Requirement (b)(6) under Priorities 1 and 2, to require the 
centers to present at a national conference or regional forums or 
specialized meetings throughout the grant period, with special focus in 
the fifth year of the grant, to disseminate the centers' summative 
findings and results.

Definitions

    Comment: One commenter noted that in the proposed priority the 
terms ``fiscal management'' and ``resource management'' are both used. 
This commenter asked for clarification on what these two terms relate 
to and suggested that RSA define each of the terms to distinguish the 
key differences between the two.
    Discussion: For these priorities, ``resource management'' refers to 
the efficient and effective development of a VR agency's resources when 
they are needed. Such resources may include financial resources, agency 
personnel skills, community rehabilitation resources, or information 
technology, including information technology for individuals with 
disabilities. ``Fiscal management'' refers to the practice of applying 
general management principles to the financial resources of the agency 
or organization. Such financial resources may include planning, 
organizing, directing, and controlling financial activities such as the 
procurement and utilization of funds of the organization. We believe 
that the key differences between the two terms are explained in the 
eight bullets at the end of Priority 1 that provide several examples of 
effective resource management. Therefore, a definition is not required.
    Changes: None.

Final Priorities

Priority 1

Vocational Rehabilitation Technical Assistance Center for Quality 
Management
    The purpose of this priority is to fund a cooperative agreement to 
establish a Vocational Rehabilitation Technical Assistance Center for 
Quality Management (VRTAC-QM).
    The VRTAC-QM will provide intensive training and technical 
assistance, targeted training and technical assistance, and universal 
training and technical assistance to State VR agencies on quality 
management strategies that will enable VR agencies to improve service 
delivery to, and employment outcomes achieved by, individuals with 
disabilities. For States that request intensive training and technical 
assistance, the training and technical assistance will upgrade and 
increase the competencies, skills,

[[Page 46543]]

and knowledge of VR personnel, enabling them to assess current VR 
program performance and to identify the strengths, weaknesses, 
opportunities for improvement, and threats (SWOT) that impact the 
effectiveness of VR agency service delivery and the quality of 
employment outcomes. This SWOT assessment will be based on a review of 
a wide variety of information sources, including, but not limited to, 
RSA's monitoring findings and recommendations; State audit reports; 
consumer feedback provided in public hearings and through consumer 
satisfaction surveys; results of comprehensive statewide needs 
assessments; and input from workforce development partners, community 
rehabilitation programs, and other VR stakeholders. Based on SWOT 
assessments, the center and VR agency personnel will develop 
individualized intensive training and technical assistance agreements 
designed to provide personnel with skills and strategies they need to 
address the weaknesses identified in the SWOT assessments to improve 
service delivery and employment outcomes for individuals with 
disabilities. The center will also provide VR agency personnel with 
technical assistance on evaluating whether the quality management 
strategies they adopt lead to increasing the percentage of participants 
who achieve an MSG and exit the program with an employment outcome and 
to modify those strategies, if necessary, to achieve continuous program 
improvement. In addition to the intensive training and technical 
assistance, the VRTAC-QM also will provide targeted training and 
technical assistance and universal training and technical assistance to 
State VR agencies on a broad range of quality management strategies and 
practices, both programmatic and fiscal, to address needs common to 
many agencies.
    With regard to program management and performance, the VRTAC-QM's 
training and technical assistance will support the assessment, 
development, and enhancement of staff knowledge, skills, and abilities 
to perform the following functions in order to improve service delivery 
and employment outcomes for individuals with disabilities:
     Analyzing the State VR agency's comprehensive system of 
personnel development to identify strengths and weaknesses in staff's 
ability to understand and address factors affecting program performance 
and designing management strategies to address these deficits.
     Analyzing case service data to identify trends and 
inconsistencies in program performance, and developing strategies to 
improve the effectiveness and timeliness of services provided, 
including addressing inconsistencies in the quality and quantity of 
employment outcomes achieved by various groups of individuals with 
disabilities served by the program.
     Understanding statutory and regulatory requirements 
related to performance management, including calculations for the 
common performance measures required under WIOA and factors that may be 
affecting the agency's performance on these measures.
     Conducting quality assurance and performance improvement, 
including the use of data for performance management systems and the 
implementation of the common performance measures required by WIOA.
     Strategic planning to address aspects of the SWOT 
assessment that pose challenges and barriers to improving service 
delivery and employment outcomes for individuals with disabilities, 
particularly students and youth with disabilities and individuals with 
significant and the most significant disabilities.
     Implementing effective and efficient policies for 
delivering pre-employment transition services under section 113, VR 
services under section 103(a), and supported employment services under 
title VI of the Rehabilitation Act.
     Understanding the relationship to important outcomes of 
various cost containment measures, such as implementing an order of 
selection giving priority for services to individuals with the most 
significant disabilities, establishing a financial needs test for 
various services, implementing policies for consumer participation in 
the cost of services, and implementing the requirement to seek 
comparable services and benefits for certain services, among others.
    Under the VR program, agencies must comply with several complex 
Federal fiscal requirements related to maintenance of effort, 
reallotment, reservation of funds for pre-employment transition 
services, and match, among others. VR agencies must understand, track, 
assess, and adjust, when necessary, program activities to meet these 
requirements while maximizing program outcomes. Additionally, the lack 
of knowledge and skills in fiscal and resource management can 
negatively affect the ability of VR agency personnel to meet consumer 
needs, for example, necessitating the implementation of orders of 
selection limiting the numbers of eligible individuals served in the VR 
program. With regard to effective resource management, the training and 
technical assistance will support the assessment, development, and 
enhancement of staff knowledge, skills, and abilities to ensure that--
     Resources, including program funds and personnel, are 
being used for allowable purposes and innovative employment strategies 
and supports that maximize employment outcomes for individuals with 
disabilities, including students and youth with disabilities and 
individuals with significant and the most significant disabilities;
     Programs have sound internal controls and reliable 
reporting systems upon which to base fiscal and programmatic decision-
making to support attainment of program goals and objectives, including 
those related to increasing the numbers and qualifications of service 
delivery personnel; and
     Resources, including program funds and personnel, are 
maximized for program needs.
    The following are examples of activities the VRTAC-QM may undertake 
to address weaknesses in resource management:
     Assess grantee financial management processes used to 
support attainment of fiscal and programmatic outcomes (for example, 
whether an agency's fiscal processes support the accurate tracking and 
reporting of non-Federal funds to maximize the drawdown of Federal 
award funds to support attainment of employment outcomes). The 
assessment will be used to identify areas for improvement in fiscal 
processes that will assist the agency in meeting program goals.
     Assess personnel training and technical assistance needs 
to identify gaps in fiscal knowledge, skills, and abilities that 
prevent the agency from effective and efficient resource utilization 
necessary to achieve employment outcomes.
     Provide intensive training and technical assistance on 
financial planning to maximize program resources and attainment of 
program goals and objectives, maximizing opportunities for funds 
matching, avoiding potential maintenance of effort and match penalties, 
and meeting the reservation of funds requirement for pre-employment 
transition services in order to increase resources available for 
service delivery.
     Provide technical assistance on implementing Federal, 
State, and program fiscal requirements, including

[[Page 46544]]

internal controls, in an efficient and effective manner to reduce 
unnecessary burden and to focus efforts on program outcomes.
     Provide technical assistance on the identification, 
collection, and analysis of program and fiscal data necessary for 
program management and maximizing available resources to support 
consumer services.

Priority 2

Vocational Rehabilitation Technical Assistance Center for Quality 
Employment
    The purpose of this priority is to fund a cooperative agreement to 
establish a Vocational Rehabilitation Technical Assistance Center for 
Quality Employment (VRTAC-QE).
    The purpose of the VRTAC-QE is to upgrade and increase the 
competencies, skills, and knowledge of VR personnel to implement and 
sustain employment strategies and supporting practices that enable 
individuals with disabilities to achieve quality employment and career 
advancement, particularly competitive integrated employment as defined 
in the Rehabilitation Act. The center will include strategies and 
practices that meet the needs and promote the quality employment of 
individuals with significant and the most significant disabilities, 
students and youth with disabilities, and traditionally underserved 
populations. The VRTAC-QE will implement a coordinated plan to provide 
intensive training and technical assistance, targeted training and 
technical assistance, and universal training and technical assistance 
to State VR agencies on a broad range of employment strategies and 
supporting practices.
    Employment strategies for consideration include, but are not 
limited to, the following:
    (a) Career pathways education, training, and supports in high-
demand occupations, including those in science, technology, 
engineering, and mathematics (STEM) fields.
    (b) Registered and industry-recognized apprenticeships, pre-
apprenticeships, and on-the-job training.
    (c) Supported employment and customized employment.
    (d) Customized training and credential programs to meet employer 
demand.
    (e) Self-employment and entrepreneurship, including services 
available under the Randolph-Sheppard Vending Facility Program.
    (f) Business engagement and employer supports, including dual 
customer models such as Progressive Employment.
    Supporting practices for consideration include, but are not limited 
to, the following:
    (1) Practices to enhance the employment capacity of individuals 
with the most significant disabilities receiving supported employment 
services, such as the Individual Placement and Support model.
    (2) Pre-employment transition services that prepare students with 
disabilities and transition services that prepare youth with 
disabilities to identify career interests through work-based learning 
and early career exploration opportunities, including internships and 
job shadowing, with a focus on high-demand and STEM careers.
    (3) Career counseling techniques and resources, including labor 
market information tools such as Career Index Plus.
    (4) Strategies involving workforce development partners, community 
rehabilitation programs, and other community-based organizations to 
provide the comprehensive support services that individuals with 
significant and the most significant disabilities need to succeed, such 
as the Integrated Resource Teams model.
    (5) Approaches that encourage VR clients to enter and remain 
engaged in the VR process, such as rapid engagement, motivational 
interviewing, benefits counseling, and financial empowerment training, 
and vehicles such as the Achieving a Better Life Experience (ABLE) tax-
free accounts for individuals with disabilities.
    (6) Community outreach strategies to expand the pool of potential 
VR applicants and referral sources, including traditionally underserved 
populations.

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)).

Final Requirements

    The Department establishes the following requirements for these 
priorities. We may apply these requirements in any year in which these 
priorities are in effect.

Project Requirements of Priority 1

    To meet the requirements of this priority, the VRTAC-QM must, at a 
minimum, conduct one or more of the following activities:
    (1) Establish a committee on quality management of State VR 
programs that meets at least semi-annually to obtain individual advice 
and recommendations for the project.
    The committee must include, but is not limited to, individuals with 
disabilities, representatives from State VR agencies, representatives 
from community rehabilitation programs, stakeholders, and individuals 
with subject matter expertise in improving outcomes through effective 
program and resource management and in employment strategies for people 
with disabilities. At a minimum, the committee members will provide 
individual input and recommendations pertaining to the implementation 
of the project and the project evaluation and quality assurance plan.
    (2) Establish a state-of-the-art website and information technology 
(IT) platform for communicating with State VR agencies and ensure that 
all products produced by the VRTAC-QM and posted on the website meet 
government and industry-recognized standards for accessibility.
    The website will become a key training and technical assistance 
delivery vehicle; a major communication center for the VRTAC-QM and 
State VR agencies; and the central repository of information about 
quality management strategies and practices that will form the basis 
for intensive training and technical assistance, targeted training and 
technical assistance, and universal training and technical assistance.
    (3) Complete a comprehensive review of programmatic and fiscal 
quality management strategies and practices for VR services for 
individuals with disabilities to achieve employment

[[Page 46545]]

outcomes and develop an overarching training and technical assistance 
plan for the project. Both the review and the plan must be made 
available to the public, ensuring applicable privacy requirements are 
met.
    The purpose of the review is to identify those strategies and 
practices for inclusion in VRTAC-QM's overarching training and 
technical assistance plan. The center will develop an analytical 
framework and selection criteria against which to evaluate potential 
strategies and practices. The analysis will focus on: State VR agency 
needs and priorities, up-to-date information on quality management 
strategies and practices that have proven to be effective in the field 
of rehabilitation as well as other public and private sectors of the 
economy that may have applicability to the management of VR agencies, 
and quantitative and qualitative research on the effectiveness of the 
identified program and resource management strategies and practices 
leading to improved service delivery and employment outcomes for 
individuals with disabilities.
    Sources of information used for this review may include: State VR 
agency interviews and consultations; information from such sources as 
the RSA-911 Case Service Report aggregate data, general labor market 
data and information, Unified or Combined State Plans, and RSA 
monitoring reports; and information and resources generated by 
technical assistance centers funded by the U.S. Departments of 
Education, Labor, and Health and Human Services.
    The overarching training and technical assistance plan must 
include, at a minimum--
    (a) Quality management strategies and practices that result in 
improved service delivery and employment outcomes for individuals with 
disabilities, including the rationale for their selection;
    (b) Conceptual framework for the selected strategies and practices, 
including key assumptions, expectations, and presumed relationships or 
linkages among strategies and practices;
    (c) Nature and scope of the intensive training and technical 
assistance, targeted training and technical assistance, and universal 
training and technical assistance to be provided in support of the 
selected strategies and practices; and
    (d) Protocols and timelines for requesting and obtaining training 
and technical assistance.
    (4) Provide intensive training and technical assistance to State VR 
agencies.
    Intensive training and technical assistance will be provided to 
increase State VR agencies' capacity to adopt, expand, or sustain 
programmatic and fiscal quality management strategies and practices 
that improve the quality of service delivery and employment outcomes. 
Intensive training and technical assistance will be provided on-site, 
over an extended period, under the terms of signed intensive training 
and technical assistance agreements between the VRTAC-QM and the 
participating State VR agencies. Numerical targets for the number of 
intensive training and technical assistance agreements will be included 
in the cooperative agreement between RSA and the VRTAC-QM. Agreements 
will reflect the participating VR agencies' needs and priorities, 
goals, and objectives. They must include the following components:
    (a) Quality management strategies and practices to be implemented 
by the State VR agency and that result in improved service delivery and 
employment outcomes.
    (b) Nature and scope of the training and technical assistance to be 
provided by the VRTAC-QM.
    (c) Roles and responsibilities of the VRTAC-QM, State VR agency, 
other workforce development partners, community rehabilitation 
programs, and other partners, including the commitment of resources.
    (d) Logic model \1\ that includes: Performance outcomes, targets, 
and baselines; project activities, inputs, and outputs; and data 
collection and analysis commitments.
---------------------------------------------------------------------------

    \1\ ``Logic model'' (also referred to as a theory of action) 
means a framework that identifies key project components of the 
proposed project (i.e., the active ``ingredients'' that are 
hypothesized to be critical to achieving the relevant outcomes) and 
describes the theoretical and operational relationships among the 
key project components and relevant outcomes.
---------------------------------------------------------------------------

    The intensive training and technical assistance agreements will be 
developed based on the VRTAC-QM and participating VR agency's review 
and analysis of such information sources as Unified or Combined State 
Plans; RSA-911 and other performance data; general labor market data 
and information; RSA monitoring reports; State audit reports; and a 
review of pertinent Federal, State, and local resources in the State, 
including existing employment and training programs.
    (5) Provide targeted training and technical assistance and 
universal training and technical assistance on programmatic and fiscal 
quality management strategies and practices that lead to effective and 
efficient service delivery and quality employment outcomes.
    (6) Coordinate training and technical assistance with other 
technical assistance centers.
    The VRTAC-QM must coordinate the provision of training and 
technical assistance with the Vocational Rehabilitation Technical 
Assistance Center for Quality Employment and other RSA-funded technical 
assistance and training centers. This coordination is particularly 
critical when developing intensive training and technical assistance 
agreements with the VR agencies to avoid confusion and duplication of 
efforts. The VRTAC-QM must also coordinate with other technical 
assistance centers funded by the U.S. Departments of Education, Labor, 
and Health and Human Services.
    (7) Present at a national conference or regional forums or 
specialized meetings throughout the grant period, with special focus in 
the fifth year of the grant to disseminate the VRTAC-QM's summative 
findings and results.
    The primary objectives are to help State VR agencies to expand and 
sustain their VRTAC-QM programmatic and fiscal management strategies 
and practices that result in improved service delivery and employment 
outcomes by promoting an exchange of ideas and experiences with other 
participating VR agencies and to encourage other State VR agencies to 
consider adopting VRTAC-QM strategies and practices. In addition, the 
VRTAC-QM will explore cost-effective approaches such as virtual 
convenings to engage VR agencies and partners who may be unable to 
attend in-person meetings.
    (8) Develop a plan for an evaluation, including a timeline for the 
evaluation and measurement benchmarks, that will assess the effect of 
the center's training and technical assistance on the service delivery 
and employment outcomes achieved by the VR agencies that received the 
center's services. This should be done through an analysis of the 
quality, relevance, and usefulness of VRTAC-QM training and technical 
assistance activities designed to improve State VR agencies' program 
and resource management and lead to improved service delivery and 
achievement of high-quality employment outcomes and career advancement.

Project Requirements of Priority 2

    To meet the requirements of this priority, the VRTAC-QE must, at a 
minimum, conduct one or more of the following activities:
    (1) Establish a state-of-the-art website and IT platform for 
communicating with

[[Page 46546]]

State VR agencies and ensure that all products produced by the VRTAC-QE 
and posted on the website meet government and industry-recognized 
standards for accessibility.
    The website will become a key training and technical assistance 
delivery vehicle; a major communication center for the VRTAC-QE, State 
VR agencies, workforce development partners, and other professionals; 
and the central repository of information about employment strategies 
and practices that will form the basis for intensive training and 
technical assistance, targeted training and technical assistance, and 
universal training and technical assistance.
    (2) Complete a comprehensive review of effective strategies and 
practices leading to quality employment for individuals with 
disabilities and develop an overarching training and technical 
assistance plan for the project. Both the review and the plan must be 
made available to the public, ensuring applicable privacy requirements 
are met.
    The purpose of the review is to identify employment strategies and 
supporting practices for inclusion in VRTAC-QE's overarching training 
and technical assistance plan. The center will develop an analytical 
framework and selection criteria against which to evaluate potential 
strategies and practices. The analysis will focus on: State VR agency 
needs and priorities; up-to-date information on national trends, 
barriers, challenges, and opportunities regarding quality employment 
for individuals with disabilities, including factors leading to 
successful employment of individuals with significant and the most 
significant disabilities, students and youth with disabilities, and 
traditionally underserved populations; and quantitative and qualitative 
research on the effectiveness of the identified strategies and 
practices.
    Sources of information for this review may include, but are not 
limited to, State VR agency interviews and consultations; analyses of 
aggregate RSA-911 Case Service Report data, Unified or Combined State 
Plans, and RSA monitoring reports; information and tools generated by 
RSA's vocational rehabilitation technical assistance centers and 
special demonstration projects, available on the National Clearinghouse 
of Rehabilitation Training Materials website; and other resources 
funded by the U.S. Departments of Education, Labor, and Health and 
Human Services, and institutions of higher education.
    The overarching training and technical assistance plan must 
include, at a minimum--
    (a) Employment strategies and supporting practices, including the 
rationale for their selection;
    (b) Conceptual framework for the selected strategies and practices, 
including key assumptions, expectations, and presumed relationships or 
linkages among strategies and practices;
    (c) Nature and scope of the intensive training and technical 
assistance, targeted training and technical assistance, and universal 
training and technical assistance to be provided in support of the 
selected strategies and practices; and
    (d) Protocols and timelines for requesting and obtaining training 
and technical assistance.
    (3) Provide intensive training and technical assistance to State VR 
agencies.
    Intensive training and technical assistance will be provided to 
increase the capacity of State VR agencies to adopt, expand, or sustain 
employment strategies and supporting practices that improve the quality 
of employment outcomes. Intensive training and technical assistance 
will be provided on-site, over an extended period, under the terms of 
signed intensive training and technical assistance agreements between 
the VRTAC-QE and the participating State VR agencies. Numerical targets 
for the number of intensive training and technical assistance 
agreements will be included in the cooperative agreement between RSA 
and the VRTAC-QE. Agreements will reflect the participating VR 
agencies' needs and priorities, goals, and objectives. They must 
include the following components:
    (a) Employment strategies and supporting practices to be 
implemented by the State VR agency.
    (b) Nature and scope of the training and technical assistance to be 
provided by the VRTAC-QE.
    (c) Roles and responsibilities of the VRTAC-QE, State VR agency, 
workforce development partners, community rehabilitation programs, and 
other partners, including the commitment of resources.
    (d) Logic model \2\ that includes: State-specific performance 
outcomes, targets, and baselines; project activities, inputs, and 
outputs; and data collection and analysis commitments.
---------------------------------------------------------------------------

    \2\ ``Logic model'' (also referred to as a theory of action) 
means a framework that identifies key project components of the 
proposed project (i.e., the active ``ingredients'' that are 
hypothesized to be critical to achieving the relevant outcomes) and 
describes the theoretical and operational relationships among the 
key project components and relevant outcomes.
---------------------------------------------------------------------------

    The intensive training and technical assistance agreements will be 
developed based on the VRTAC-QE and participating VR agency's review 
and analysis of such information sources as Unified or Combined State 
Plans; RSA-911 and other performance data; RSA monitoring reports; 
relevant labor market information; and a review of pertinent Federal, 
State, and local resources in the State, including existing employment 
and training programs.
    Intensive training and technical assistance will be implemented in 
coordination with, and leveraging the resources of, State and local 
workforce development partners and other parties specified in the 
intensive training and technical assistance agreement.
    (4) Provide targeted training and technical assistance meeting the 
identified needs of a limited number of State VR agencies, as well as 
universal training and technical assistance broadly available to all 
State VR agencies and their partners.
    (5) Coordinate training and technical assistance with other 
technical assistance centers.
    The VRTAC-QE must coordinate the provision of training and 
technical assistance with the Vocational Rehabilitation Technical 
Assistance Center for Quality Management and other RSA-funded training 
and technical assistance investments. This coordination is particularly 
critical when developing intensive training and technical assistance 
agreements with the VR agencies to avoid confusion and duplication of 
efforts. The VRTAC-QE must also coordinate with other training and 
technical assistance resources funded by the U.S. Departments of 
Education, Labor, and Health and Human Services, and other pertinent 
Federal or State organizations, and institutions of higher education, 
as appropriate.
    (6) Disseminate VRTAC-QE summative findings and results through a 
national conference or regional forums or specialized meetings 
throughout the grant period, with special focus in the fifth year of 
the grant. The primary objectives are to help State VR agencies to 
expand and sustain their VRTAC-QE strategies and practices and to 
encourage other State VR agencies to consider adopting some VRTAC-QE 
strategies and practices by promoting an exchange of ideas and 
experiences with other participating VR agencies. To maximize the 
dissemination of project findings and results throughout the

[[Page 46547]]

grant period, with special focus in the fifth year, the VRTAC-QE will 
explore cost-effective approaches such as virtual convenings to engage 
VR agencies and partners who may be unable to attend in-person 
meetings.
    (7) Develop a plan for an evaluation, including a timeline for the 
evaluation and measurement benchmarks, that will assess VRTAC-QE 
employment strategies and supporting activities' effect on VR 
participants' employment outcomes and career advancement. The 
evaluation will also assess the quality, relevance, and usefulness of 
the VRTAC-QE's training and technical assistance in improving State VR 
agencies' ability to identify and implement the appropriate strategies 
and practices.

Application Requirements

    The following application requirements apply to both Priority 1 and 
Priority 2. The Department encourages innovative approaches to meet 
these requirements. Applicants must--
    (a) Demonstrate, in the narrative section of the application under 
``Quality of the Evaluation Plan,'' how the proposed project will meet 
the evaluation requirements of the priority. Applicants must describe 
the anticipated implementation steps, milestones, and timelines for the 
development of a logic model for the project. The logic model must 
include data elements, inputs, activities, outputs, and short-term and 
long-term performance indicators regarding--
    (1) Quantitative outcomes resulting from the program management or 
employment strategies and practices, including--
    (i) Quality and timeliness of the VR processes and services;
    (ii) Number and quality of employment outcomes;
    (iii) VR participants' employment or career-readiness;
    (iv) Cost-effectiveness; and
    (v) Sustainability;
    (2) Quality, relevance, and usefulness of the project's training 
and technical assistance activities;
    (3) Quantitative or qualitative insights about the relationship 
between strategies, practices, and training and technical assistance 
activities on critical outcomes for VR personnel, VR clients, and key 
partners, including through--
    (i) Pre- and post-training assessments;
    (ii) Comparison groups;
    (iii) Focus groups; or
    (iv) Success stories.
    (b) Demonstrate, in the narrative section of the application under 
``Adequacy of Project Resources,'' how the applicant will ensure that--
    (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) Key project personnel, consultants, and subcontractors have the 
qualifications and experience to meet all the requirements of the 
priority, including expertise in--
    (i) Programmatic areas addressed in the Project Requirements 
section of the priority;
    (ii) Program and resource management and oversight;
    (iii) Knowledge translation and dissemination, including the 
effective use of communication technologies; and
    (iv) Project evaluation leading to continuous improvement, 
including qualitative and quantitative assessments;
    (4) The applicant and key partners have adequate resources to carry 
out the proposed project activities, and achieve anticipated project 
outcomes and impact on the VR services to individuals with 
disabilities, including assurances that the proposed allocation of 
human and financial resources for project evaluation will be enough to 
meet the requirements in section (a) of the application requirement 
regarding the ``Quality of the Evaluation Plan,'' above; and
    (5) The proposed costs are reasonable in relation to the 
anticipated results and benefits.
    (c) 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 implementation of 
the evaluation plan, 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, in accordance with the cooperative 
agreement between RSA and the applicant;
    (iii) Internal monitoring processes to ensure that the project is 
being implemented in accordance with an established project performance 
plan, including timelines and milestones; and
    (iv) Financial and budgetary oversight processes to ensure timely 
obligations and reporting of grant funds, 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--including levels of effort of key personnel--will be 
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 proposed management plan will ensure that 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, providers, 
researchers, and policy makers, among others, in its development and 
operation.

Additional Application Requirements for Priority 1

    The following application requirements apply only to priority 1 
(VRTAC-QM). The Department encourages innovative approaches to meet 
these requirements. Applicants must--
    (a) Demonstrate, in the narrative section of the application under 
``Significance of the Project,'' how the proposed project will increase 
State VR agencies' capacity to improve the quality of VR services and 
employment outcomes for individuals with disabilities by enabling VR 
agencies to develop and implement efficient and effective program and 
resource management techniques leading to increases in the numbers and 
improved skills of VR counselors and other service delivery personnel. 
To meet this requirement, the applicant must demonstrate--
    (1) Knowledge about State VR program challenges, opportunities, 
barriers, and trends regarding program and resource management or 
quality employment outcomes for individuals with disabilities including 
those with significant and the most significant disabilities, students 
and youth with disabilities, and traditionally underserved populations;
    (2) Knowledge about Federal, State, and nongovernment initiatives 
to promote program and resource management and quality employment

[[Page 46548]]

outcomes for individuals with disabilities, particularly in response to 
requirements under WIOA;
    (3) The proposed project's potential to contribute to these 
Federal, State, and nongovernment initiatives by assisting State VR 
agencies in equipping personnel with the necessary skills and training 
to implement the substantive provisions of the Rehabilitation Act 
introduced by WIOA that are designed to improve the quality of 
employment outcomes for individuals with disabilities; and
    (4) How the proposed project will increase State VR agencies' 
capacity to implement program and resource management strategies 
leading to improved VR services, employment outcomes, and career 
advancement opportunities for individuals with disabilities.
    (b) Demonstrate, in the narrative section of the application, under 
``Quality of Project Services,'' how the proposed project will achieve 
the goals, objectives, and intended outcomes of this priority. To meet 
this requirement, the applicant must describe its plan for implementing 
the project, including major implementation activities, timelines, and 
milestones (particularly for the initial fiscal year), as well as key 
assumptions and expectations, presumed relationships or linkages among 
variables, and underlying rationale and empirical support, for the 
following Project Requirements of the priority:
    (1) State-of-the-art website. Applicants must describe how the 
website will serve as an effective communication center, training and 
technical assistance delivery vehicle, and repository of information 
about quality management or employment strategies and practices, 
including--
    (i) Expected features and capabilities, including information-
delivery and stakeholder-convening technologies; and
    (ii) Anticipated uses of such features and capabilities in support 
of the project goals and objectives.
    (2) Comprehensive review. Applicants must describe how the 
comprehensive review will provide the factual basis for the project 
training and technical assistance plan. At a minimum, the comprehensive 
review must include--
    (i) Input from State VR agencies about their needs, priorities, and 
innovative approaches to program and resource management that lead to 
improved service delivery;
    (ii) Information regarding the latest--
    (A) National trends, barriers, challenges, and opportunities;
    (B) Effective and efficient program and resource management 
strategies, techniques, and practices that may be applicable to State 
VR agencies; and
    (C) Additional information that the applicant deems relevant; and
    (iii) An analytical framework for assessing the collected 
information and selecting the program and resource management 
strategies and practices for inclusion in the training and technical 
assistance plans.
    (3) Provision of intensive training and technical assistance. 
Applicants must describe how the intensive training and technical 
assistance agreements will increase State VR agencies' capacity to 
improve the State VR agencies' performance and quality employment 
outcomes for individuals with disabilities, through State-appropriate--
    (i) Program and resource management;
    (ii) Federal, State, and local partnerships; and
    (iii) Performance outcomes, outputs, inputs, targets, baselines, 
and data collection requirements.
    (4) Provision of targeted training and technical assistance and 
universal training and technical assistance. Applicants must describe 
how each training and technical assistance modality (targeted or 
universal) will help State VR agencies to adopt, expand, and sustain 
program and resource management practices. For each training and 
technical assistance modality, describe--
    (i) Topics, activities, and products;
    (ii) Intended audience and outreach strategies;
    (iii) Content delivery and dissemination methods; and
    (iv) Steps to ensure quality, relevance, and usefulness.
    (5) Coordination. The applicant must describe how it will maximize 
coordination between the VRTAC-QE and the VRTAC-QM and seek 
opportunities to coordinate with other training and technical 
assistance investments, including those funded by the U.S. Departments 
of Education, Labor, and Health and Human Services, in the provision of 
training and technical assistance to State VR agencies.
    (6) National conference, regional forums, or specialized meetings 
throughout the grant period, with special focus in the fifth year of 
the grant performance period. Applicants must describe how the project 
will disseminate its summative findings and results, including cost-
effective approaches such as virtual convenings to engage State VR 
agencies and other potential Federal, State, local, and nongovernment 
partners, including--
    (i) Types of events (e.g., conferences, forums, specialized 
meetings);
    (ii) Target audience (e.g., by event type, types of stakeholders 
with a variety of roles and sectors); and
    (iii) Convening modes (in-person, virtual).
    (c) Demonstrate, in the narrative section of the application under 
``Quality of the Evaluation Plan,'' the applicant's capacity and 
experience in addressing the State VR agencies' training and technical 
assistance needs in the areas of program and resource management, 
including but not limited to strategic planning and performance 
improvement leading to performance improvement, including SWOT 
assessment related to implementing strategies that ensure education 
funds are spent in a way that increases their efficiency and cost-
effectiveness, including by reducing waste or achieving better 
outcomes.

Additional Application Requirements for Priority 2

    The following application requirements apply only to Priority 2 
(VRTAC-QE). The Department encourages innovative approaches to meet 
these requirements. Applicants must--
    (a) Demonstrate, in the narrative section of the application under 
``Significance of the Project,'' how the proposed project will increase 
State VR agencies' capacity to improve the quality of VR services and 
employment outcomes for individuals with disabilities by enabling VR 
agencies to develop and implement innovative employment and support 
strategies that are designed to improve employment outcomes and career 
advancement for individuals with disabilities. To meet this 
requirement, the applicant must demonstrate--
    (1) Knowledge about State VR program challenges, opportunities, 
barriers, and trends regarding program and resource management or 
quality employment outcomes for individuals with disabilities including 
those with significant and the most significant disabilities, students 
and youth with disabilities, and traditionally underserved populations;
    (2) Knowledge about Federal, State, and nongovernment initiatives 
to promote program and resource management and quality employment 
outcomes for individuals with disabilities, particularly in response to 
requirements under WIOA;
    (3) The proposed project's potential to contribute to these 
Federal, State, and nongovernment initiatives by assisting State VR 
agencies in equipping

[[Page 46549]]

personnel with the necessary skills and training to implement the 
substantive provisions of the Rehabilitation Act introduced by WIOA 
that are designed to improve the quality of employment outcomes for 
individuals with disabilities; and
    (4) How the proposed project will increase State VR agencies' 
capacity to implement employment strategies and supporting practices 
leading to improved VR services, employment outcomes, and career 
advancement opportunities for individuals with disabilities
    (b) Demonstrate, in the narrative section of the application, under 
``Quality of Project Services,'' how the proposed project will achieve 
the goals, objectives, and intended outcomes of this priority. To meet 
this requirement, the applicant must describe its plan for implementing 
the project, including major implementation activities, timelines, and 
milestones (particularly for the initial fiscal year), as well as key 
assumptions and expectations, presumed relationships or linkages among 
variables, and underlying rationale and empirical support, for the 
following Project Requirements of the priority:
    (1) State-of-the-art website. Applicants must describe how the 
website will serve as an effective communication center, training and 
technical assistance delivery vehicle, and repository of information 
about quality management or employment strategies and practices, 
including--
    (i) Expected features and capabilities, including information-
delivery and stakeholder-convening technologies; and
    (ii) Anticipated uses of such features and capabilities in support 
of the project goals and objectives.
    (2) Comprehensive review. Applicants must describe how the 
comprehensive review will provide the factual basis for the project 
training and technical assistance plan. At a minimum, the comprehensive 
review must include--
    (i) Input from State VR agencies about their needs, priorities, and 
innovative approaches to program and resource management that lead to 
quality employment and career-readiness that lead to quality employment 
outcomes;
    (ii) Information regarding the latest--
    (A) National trends, barriers, challenges, and opportunities;
    (B) Effective employment strategies and practices that prepare 
individuals with disabilities to compete in the global economy and 
designed to create or expand innovative and affordable paths to 
relevant careers through postsecondary credentials or job-ready skills; 
and
    (C) Additional information that the applicant deems relevant; and
    (iii) An analytical framework for assessing the collected 
information and selecting the employment and career-readiness 
strategies and practices for inclusion in the training and technical 
assistance plans.
    (3) Provision of intensive training and technical assistance. 
Applicants must describe how the intensive training and technical 
assistance agreements will increase State VR agencies' capacity to 
improve the State VR agencies' performance and quality employment 
outcomes for individuals with disabilities, through State-appropriate--
    (i) Employment strategies and supporting practices;
    (ii) Federal, State, and local partnerships; and
    (iii) Performance outcomes, outputs, inputs, targets, baselines, 
and data collection requirements.
    (4) Provision of targeted training and technical assistance and 
universal training and technical assistance. Applicants must describe 
how each training and technical assistance modality (targeted or 
universal) will help State VR agencies to adopt, expand, and sustain 
employment strategies and practices that improve employment outcomes 
and career advancement opportunities for eligible VR participants. For 
each training and technical assistance modality, describe--
    (i) Topics, activities, and products;
    (ii) Intended audience and outreach strategies;
    (iii) Content delivery and dissemination methods; and
    (iv) Steps to ensure quality, relevance, and usefulness.
    (5) Coordination. The applicant must describe how it will maximize 
coordination between the VRTAC-QE and the VRTAC-QM and seek 
opportunities to coordinate with other technical assistance centers, 
including those funded by the U.S. Departments of Education, Labor, and 
Health and Human Services, in the provision of training and technical 
assistance to State VR agencies.
    (6) National conference, regional forums, or specialized meetings 
throughout the grant period, with special focus in the fifth year of 
the grant performance period. Applicants must describe how the project 
will disseminate its summative findings and results, including cost-
effective approaches such as virtual convenings to engage State VR 
agencies and other potential Federal, State, local, and nongovernment 
partners, including--
    (i) Types of events (e.g., conferences, forums, specialized 
meetings);
    (ii) Target audience (e.g., by event type, types of stakeholders 
with a variety of roles and sectors); and
    (iii) Convening modes (in-person, virtual).

Final Definitions

    The Department establishes the following definitions for use with 
the VRTAC-QM and VRTAC-QE priorities to ensure that applicants have a 
clear understanding of how we are using these terms.
    Intensive training and technical assistance means training and 
technical assistance provided to State VR agencies and State VR agency 
personnel primarily on-site or through remote delivery, as needed and 
appropriate, over an extended period. Intensive training and technical 
assistance is based on an ongoing relationship between the training and 
technical assistance center staff and State VR agencies and State VR 
agency personnel under the terms of a signed intensive training and 
technical assistance agreement.
    Targeted training and technical assistance means training and 
technical assistance based on needs common to one or more State VR 
agencies and State VR agency personnel on a time-limited basis and with 
limited commitment of training and technical assistance center 
resources. Targeted training and technical assistance are delivered 
through virtual or in-person methods tailored to the identified needs 
of the participating State VR agencies and State VR agency personnel.
    Universal training and technical assistance means training and 
technical assistance broadly available to State VR agencies and State 
VR agency personnel and other interested parties through their own 
initiative, resulting in minimal interaction with training and 
technical assistance center staff. Universal training and technical 
assistance includes generalized presentations, products, and related 
activities available through a website or through brief contacts with 
the training and technical assistance center staff.
    This document does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.

    Note: This document does not solicit applications. In any year 
in which we choose to use one or more of these priorities, 
requirements, and definitions, we invite

[[Page 46550]]

applications through a notice in the Federal Register.

Executive Orders 12866, 13563, and 13771

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
Tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866.
    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 regulation must be fully offset by the elimination of 
existing costs through deregulatory actions. Because this regulatory 
action is not significant, the requirements of Executive Order 13771 do 
not apply.
    We have also reviewed this final regulatory action under Executive 
Order 13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing these final priorities, requirements, and 
definitions 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 also have determined that this regulatory action does not unduly 
interfere with State, local, and Tribal governments in the exercise of 
their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.
    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. 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 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.

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. 2020-16685 Filed 7-30-20; 4:15 pm]
BILLING CODE 4000-01-P