[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Rules and Regulations]
[Pages 47652-47656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17215]



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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2020-OSERS-0009]


Final Priorities and Definitions--Independent Living Services for 
Older Individuals Who Are Blind--Training and Technical Assistance

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

ACTION: Final priorities and definitions.

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SUMMARY: The Department of Education (Department) announces priorities 
and definitions under the Independent Living Services for Older 
Individuals Who Are Blind (OIB) program, Catalog of Federal Domestic 
Assistance (CFDA) number 84.177Z. The Department may use one or more of 
these priorities and definitions for competitions in fiscal year (FY) 
2020 and later years. We take this action to focus Federal financial 
assistance on an identified national need. We intend the priorities and 
definitions to improve the administration, operation, and performance 
of the OIB program.

DATES: These priorities and definitions are effective September 8, 
2020.

FOR FURTHER INFORMATION CONTACT: Mary Williams, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5100, Potomac Center Plaza 
(PCP), Washington, DC 20202-5176. Telephone: (202) 245-7586. 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: The purpose of this program is to provide 
training and technical assistance to designated State agencies (DSAs)--
the State agencies that provide vocational rehabilitation services to 
individuals who are blind--that receive grant funding under the OIB 
program and to other service providers that receive OIB program funding 
from DSAs to provide services to consumers. The training and technical 
assistance are designed to improve the operation and performance of 
programs and services for older individuals who are blind resulting in 
their enhanced independence and self-sufficiency.
    Program Authority: 29 U.S.C. 796j-1.
    Applicable Program Regulations: 34 CFR part 367.
    We published a notice of proposed priorities and definitions (NPP) 
for this competition in the Federal Register on March 25, 2020 (85 FR 
16920). The NPP contained background information and our reasons for 
proposing the particular priorities and definitions.
    We made changes to the definition of ``intensive training and 
technical assistance'' and to Proposed Priority 1 to recognize that in-
person services and conferences may need to be supplemented or replaced 
by virtual offerings during the COVID-19 pandemic. There are otherwise 
no substantive differences between the NPP and these final priorities 
and definitions.
    Public Comment: In response to our invitation in the NPP, eight 
parties submitted comments on the proposed priorities and definitions.
    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 and definitions.
    Analysis of Comments and Changes: An analysis of the comments 
related to the proposed priorities and definitions follows.

Proposed Priority 1--Independent Living Services for Older Individuals 
Who Are Blind (OIB) Training and Technical Assistance

    Comment: One commenter stated that the proposed priority does not 
go far enough to enhance the capacity of OIB and similar programs to 
access additional funding to address the unmet need for OIB services. 
The commenter further stated that, if the OIB Training and Technical 
Assistance Center (Center) merely suggests funding streams and methods 
of collaboration and does not actually undertake educational and other 
initiatives that enhance the capacity of OIB and similar programs to 
access additional funds, this technical assistance will be a largely 
cosmetic undertaking.
    Discussion: We do not fully agree with the commenter's 
characterization of the activities contemplated for the Center. Through 
implementation of Priority 1, the Center can train OIB grantees on how 
to identify State and local resources and implement strategies to 
acquire and effectively leverage the use of those resources, where 
appropriate, to meet the unmet service needs of OIB consumers. To that 
end, the Center will be responsible for identifying State and local 
resources available to the OIB program as well as promising practices 
that facilitate the acquisition, sharing, and leveraging of those 
resources within a State. This will require communication and 
coordination, on an ongoing basis, with other federally funded training 
and technical assistance projects and State OIB programs.
    Changes: None.
    Comment: One commenter suggested a more targeted assessment of the 
four core areas reflected in this proposed priority and suggested 
utilizing a survey of the DSAs to identify training content that would 
best benefit their staff.
    Discussion: RSA has conducted surveys of DSAs since FY 2015 to 
identify their training and technical assistance needs, pursuant to the 
requirements of section 751A(b) of the Rehabilitation Act of 1973, as 
amended by the Workforce Innovation and Opportunity Act (WIOA) (29 
U.S.C. 796j-1). Survey information is captured through the OIB annual 
performance reports. The four core areas reflected in Priority 1 are 
based on survey information gathered through the OIB annual performance 
reports since FY 2015.
    Changes: None.
    Comment: One commenter recommended changes to the proposed priority 
in four areas: (1) Virtual and remote services and assistance; (2) Best 
practices; (3) Evaluating program performance; and (4) Modifying 
information technology (IT) platforms.
    Regarding virtual and remote services and assistance, the commenter 
suggested offering flexibility to provide training on remote or virtual 
service delivery practices to help maintain and expand service 
provision, particularly in large or rural service areas. Further, the 
commenter suggested the Department provide flexibility to the Center 
with respect to the form of service delivery in unusual circumstances 
that represent higher risks to the older people who are served by the 
OIB programs.
    Regarding best practices, the commenter noted that the term ``best 
practices'' used in Priority 1, general topic area (b), in the OIB 
program FY 2015 grant competition was changed to ``promising 
practices'' in Proposed Priority 1. The commenter suggested, to the 
extent that best practices exist, technical assistance and training 
should be based on best practices, and the final priority should make 
this clarification.
    Regarding evaluating program performance, the commenter suggested 
that training and technical assistance should be provided on the 
evaluation of programs, client progress, and outcomes, and recommended 
changing general topic area (b), to read ``Promising practices, 
including the development, dissemination, and evaluation of relevant 
materials to

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facilitate delivery of effective services'' and changing general topic 
area (c) to include evaluation and to read ``Program performance, 
including data reporting, evaluation, and analysis.''
    Regarding modifying IT platforms, the commenter indicated that 
ample platforms exist to support dissemination of information on 
training and technical assistance and suggested focusing on the 
channels that already exist, to the greatest extent possible, in order 
to maximize limited resources available for the Center and the OIB 
programs.
    Discussion: In the area of virtual and remote services and 
assistance, we believe that development of training on remote or 
virtual service delivery practices can be accomplished under Final 
Priority 1, activity (b)(2). We used the term ``promising practices'' 
rather than ``best practices'' because ``best practices'' would rely on 
a higher level of evidence than is currently available in the area of 
serving older individuals who are blind. The term ``promising 
practices'' aligns with the definition of ``promising evidence'' in 34 
CFR 77.1(c). However, where there are relevant evidence-based 
practices, we encourage the Center to provide training and technical 
assistance based on such practices.
    Regarding the suggestions to change the language in general topic 
area (c), as noted earlier, the four general topic areas under Final 
Priority 1 are based on the results of surveys of the DSAs to determine 
their training and technical assistance needs. Furthermore, we believe 
that general topic area (c) is sufficiently flexible to allow for the 
provision of technical assistance on the areas of evaluation of 
programs, client progress, and outcomes if it is determined that these 
issues need to be addressed.
    Regarding IT platforms, this priority allows for the development of 
new IT platforms or systems if existing platforms and systems cannot be 
effectively modified to support webinars, podcasts, video conferences, 
teleconferences, and other virtual methods of dissemination of 
information and training and technical assistance.
    Changes: None.

Definitions

    Comment: One commenter stated that the definition of ``intensive 
training and technical assistance'' lacks detail. The commenter stated 
that the definition could be improved and clarified by presenting 
methods and examples that represent the level of training received in 
order to differentiate between the types of training and technical 
assistance provided.
    Discussion: We recognize that the definition of ``intensive 
training and technical assistance'' is broad; however, this is 
intentional given the range of issues that OIB agencies may encounter 
in their implementation of the OIB program. OIB grantees, in 
collaboration with this Center, will determine the type and level of 
intensive training and technical assistance needed. We believe that the 
definition offers applicants the flexibility they need to demonstrate 
how they would apply the definition of ``intensive training and 
technical assistance'' to meet the varying needs of the OIB grantees. 
The definition of ``intensive training and technical assistance'' used 
in this priority is the standard definition used for the Rehabilitation 
Services Administration's (RSA's) training and technical assistance 
centers to provide this flexibility.
    Changes: None.
    Comment: None.
    Discussion: As a result of disruptions to in-person services 
arising from the COVID-19 pandemic, the Department believes it is 
advisable to provide for the possibility that intensive training and 
technical assistance might sometimes be provided through remote 
delivery, as needed and appropriate.
    Changes: We have revised the definition of ``intensive training and 
technical assistance'' to allow the Center to provide intensive 
training and technical assistance through remote delivery as 
appropriate.

General

    Comment: A few commenters stated that the proposed priorities could 
benefit from clearer descriptive labeling and language, use of shorter 
sentences and smaller sections to facilitate ease of reading and 
clarity, and hyperlinks to improve understanding, but the commenters 
did not offer specific suggestions or examples to improve the clarity 
of the proposed priorities.
    Discussion: We appreciate the value of using plain language in the 
priorities and believe the current language is clear.
    Changes: None.

Final Priorities

Priority 1--Independent Living Services for Older Individuals Who Are 
Blind (OIB) Training and Technical Assistance

    This priority supports a cooperative agreement to establish an OIB 
Training and Technical Assistance Center (Center) to provide universal, 
targeted, and intensive training and technical assistance to designated 
State agencies (DSAs) funded under the OIB program and to any service 
providers that DSAs fund to provide services directly to consumers. The 
Center will develop and provide training and technical assistance in 
the following general topic areas:
    (a) Community outreach methods and strategies to identify potential 
recipients of services.
    (b) Promising practices, based on ``promising evidence'' as defined 
in 34 CFR 77.1(c), including the development and dissemination of 
relevant materials to facilitate the delivery of high-quality services.
    (c) Program performance, including data reporting and analysis.
    (d) Financial and management practices, including practices to 
ensure compliance with grant administration requirements.
    To meet the requirements of this priority, the Center must, at a 
minimum, conduct the following activities:
    (a) Annually provide intensive training and technical assistance to 
a minimum of three DSAs or other service providers on the four general 
topic areas in this priority. Intensive training and technical 
assistance may be provided through remote delivery as appropriate. The 
technical assistance must be--
    (1) Consistent with the project activities and tailored to the 
specific needs and challenges of the DSA or other service provider 
receiving intensive training and technical assistance;
    (2) Provided under an agreement with each DSA or other service 
provider that, at a minimum, details the purpose, intended outcomes, 
and requirements for subsequent evaluation of the training and 
technical assistance; and
    (3) Assessed 90 days after completion to ensure that the DSAs and 
other service providers receiving intensive training and technical 
assistance are applying it effectively, and to address any issues or 
challenges in its implementation.
    (b) Provide a range of targeted training and technical assistance 
and universal training and technical assistance products and services 
on the four general topic areas in this priority. The training and 
technical assistance must include, at a minimum, the following 
activities:
    (1) In each year of the project, provide a minimum of 10 webinars, 
podcasts, video conferences, teleconferences, or other virtual methods 
of dissemination of information and training and technical assistance 
on the four general topic areas in this priority to describe

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and disseminate information about emerging promising practices.
    (2) Develop new information technology (IT) platforms or systems, 
or modify existing platforms and systems, as follows:
    (i) Develop or modify, and maintain, a state-of-the-art IT platform 
sufficient to support webinars, podcasts, video conferences, 
teleconferences, and other virtual methods of dissemination of 
information and training and technical assistance; and
    (ii) Develop or modify, and maintain, a state-of-the-art archiving 
and dissemination system that is open and available to the public, at 
no cost, and that provides a central location for later use of training 
and technical assistance products, including course curricula, 
audiovisual materials, webinars, examples of emerging and promising 
practices related to the four general topic areas in this priority, and 
any other training and technical assistance products developed by the 
grantee and others.

    Note: All products produced by the Center must meet government 
and industry-recognized standards for accessibility.

    (c) Conduct outreach to DSAs so that they are aware of, and can 
participate in, training and technical assistance activities.
    (d) Establish a community of practice \1\ that will act as a 
vehicle for communication, an exchange of information among DSAs and 
other service providers, and a forum for sharing the results of 
training and technical assistance activities that are in progress or 
that have been completed.
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    \1\ See: www.sedl.org/pubs/catalog/items/dis104.html.
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    (e) Facilitate annually a minimum of one in-person conference, or, 
if health and safety reasons make an in-person conference infeasible, a 
virtual conference, for the purpose of dissemination of information 
related to emerging promising practices and ongoing technical 
assistance needs and activities.
    (f) Communicate and coordinate, on an ongoing basis, with other 
federally funded training and technical assistance projects, 
particularly Department-funded projects, to ensure that training and 
technical assistance activities are complementary and non-duplicative.
    (g) Conduct an evaluation to determine the impact of the Center's 
training and technical assistance on the DSAs and other service 
providers that received the Center's services.

Priority 2--Identify and Demonstrate How Specific Technical Assistance 
Strategies Provided to OIB Grantees Will Facilitate Collaboration and 
Leveraging of Resources at the State and Local Level

    To meet the requirements of this priority, the Center must, at a 
minimum, develop technical assistance focused on partnerships to 
facilitate the sharing of information and leveraging of resources from 
other systems that work with aging individuals and individuals with 
disabilities.
    These technical assistance strategies must be designed to improve 
the capacity of OIB grantee staff, and staff from other service 
providers that receive OIB program funding from DSAs to provide 
services to the OIB population, to acquire and develop the skills and 
tools they need to help the OIB population sustain and increase their 
ability to live independently in their homes and communities.

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 Definitions

    The Department establishes the following definitions for this 
program. We may apply one or more of these definitions in any year in 
which this program is in effect.
    Intensive training and technical assistance means training and 
technical assistance provided to a DSA, or other service provider that 
receives OIB program funding from a DSA to provide services, 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 a DSA, or other service provider that 
receives OIB program funding from a DSA to provide services, 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 DSAs, or 
other service providers that receive OIB program funding from DSAs to 
provide services, on a time-limited basis and with a 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 
DSAs, or other service providers that receive OIB program funding from 
DSAs to provide services.
    Universal training and technical assistance means training and 
technical assistance broadly available to DSAs, or other service 
providers that receive OIB program funding from DSAs to provide 
services, and other interested parties 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 
contact 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 and 
definitions, we invite applications through a notice in the Federal 
Register.

Executive Orders 12866, 13563, and 13771 Regulatory Impact Analysis

    Under Executive Order 12866, it must be determined 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,

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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 regulation 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 the 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 the final priorities 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.
    In addition, we have considered the potential benefits of this 
regulatory action and noted these benefits in the NPP.
    Regulatory Flexibility Act Certification: The Secretary certifies 
that this 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 proprietary institutions 
as small businesses if they are independently owned and operated, are 
not dominant in their field of operation, and have total annual revenue 
below $7,000,000. Nonprofit institutions are defined as small entities 
if they are independently owned and operated and not dominant in their 
field of operation. Public institutions are defined as small 
organizations if they are operated by a government overseeing a 
population below 50,000.
    The small entities that this regulatory action would affect are 
State and public or non-profit agencies and organizations and 
institutions of higher education (IHEs) that have the capacity to 
provide training and technical assistance in the provision of 
independent living services for older individuals who are blind and 
have demonstrated through their application a capacity to provide the 
level of training and technical assistance necessary to meet the 
priorities and definitions. We believe that the costs imposed on an 
applicant by the priorities and definitions would be limited to 
paperwork burden related to preparing an application and that the 
benefits of these priorities and definitions would outweigh any costs 
incurred by the applicant. There are very few entities that could 
provide the type of technical assistance the Center aims to provide. 
For these reasons these priorities and definitions would not impose a 
burden on a significant number of small entities.
    Paperwork Reduction Act of 1995: The priorities and definitions 
contain information collection requirements that are approved by OMB 
under OMB control number 1820-0018.
    Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. One of the 
objectives of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism. The Executive order relies 
on processes developed by State and local governments for coordination 
and review of Federal financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.

Assessment of Educational Impact

    In the NPP we requested comments on whether the proposed priorities 
and definitions would require transmission of information that any 
other agency or authority of the United States gathers or makes 
available.
    Based on the response to the NPP and on our review, we have 
determined that these final priorities and definitions do not require 
transmission of information that any other agency or authority of the 
United States gathers or makes available.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the

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Code of Federal Regulations at www.govinfo.gov. At this site you can 
view this document, as well as all other documents of this Department 
published in the Federal Register, in text or Portable Document Format 
(PDF). To use PDF you must have Adobe Acrobat Reader, which is 
available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

Mark Schultz,
Commissioner, Rehabilitation Services Administration, Delegated the 
Authority to Perform the Functions and Duties of the Assistant 
Secretary for the Office of Special Education and Rehabilitative 
Services.
[FR Doc. 2020-17215 Filed 8-4-20; 11:15 am]
BILLING CODE 4000-01-P