[Federal Register Volume 85, Number 176 (Thursday, September 10, 2020)]
[Proposed Rules]
[Pages 55802-55810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19925]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2020-OSERS-0056]
Proposed Priorities and Definitions--American Indian Vocational
Rehabilitation Services--Training and Technical Assistance
AGENCY: Office of Special Education and Rehabilitative Services
(OSERS), Department of Education.
ACTION: Proposed priorities and definitions.
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SUMMARY: The Department of Education (Department) proposes priorities
and definitions to fund an American Indian Vocational Rehabilitation
Training and Technical Assistance Center (AIVRTTAC), Catalog of Federal
Domestic Assistance (CFDA) number 84.250Z. The Department may use the
priorities and definitions for competitions in fiscal year (FY) 2020
and later years. We take this action to focus Federal financial
assistance on
[[Page 55803]]
identified national needs and to improve employment outcomes and raise
expectations for American Indians with disabilities. We intend the
AIVRTTAC to provide training and technical assistance (TA) to American
Indian Vocational Rehabilitation Services (AIVRS) project personnel,
especially vocational rehabilitation (VR) counselors, in order to
improve their capacity to implement innovative and effective VR
services and employment strategies and practices to increase the number
and quality of employment outcomes for American Indians with
disabilities served through the AIVRS program.
DATES: We must receive your comments on or before October 13, 2020.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments submitted by fax or by email or those submitted after
the comment period. To ensure that we do not receive duplicate copies,
please submit your comments only once. In addition, please include the
Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under ``Help.''
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments, address them to Jerry Elliott, U.S.
Department of Education, 400 Maryland Avenue SW, Room 5097, Potomac
Center Plaza, Washington, DC 20202-2800.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
FOR FURTHER INFORMATION CONTACT: Jerry Elliott, U.S. Department of
Education, 400 Maryland Avenue SW, Room 5097, Potomac Center Plaza,
Washington, DC 20202-2800. Telephone: (202)245-7335. Email:
[email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
the proposed priorities and definitions. To ensure that your comments
have maximum effect in developing the notice of final priorities and
definitions, we urge you to identify clearly the specific part of the
priorities or definition that each comment addresses. In addition to
your general comments and recommended clarifications, we seek input as
to whether entities who may apply under this competition would have the
ability to meet Proposed Priority 2, which is consistent with option
(f) of the Secretary's Final Supplemental Priorities and Definitions
for Discretionary Grant Programs, published in the Federal Register on
March 2, 2018 (83 FR 9096), related to matching support, and if so,
whether that priority should be included as an absolute priority,
competitive preference priority, or an invitational priority and what
the level of matching support should be.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866, 13563, and 13771 and their
overall requirement of reducing regulatory burden that might result
from the proposed priorities and definitions. Please let us know of any
ways we could reduce potential costs or increase potential benefits
while preserving the effective and efficient administration of the
program.
During and after the comment period, you may inspect all public
comments about the proposed priorities and definitions by accessing
Regulations.gov. Due to the current COVID-19 pandemic, the Department
buildings are currently not open. However, upon reopening, you may also
inspect the comments in person in room 5059, 550 12th Street SW,
Washington, DC, between the hours of 9:30 a.m. and 4:00 p.m., Eastern
time, Monday through Friday of each week except Federal holidays.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for the proposed priorities and definitions.
If you want to schedule an appointment for this type of accommodation
or auxiliary aid, please contact the person listed under FOR FURTHER
INFORMATION CONTACT.
Purpose of Program: The purpose of the AIVRTTAC program is to
provide training and TA to governing bodies of Indian Tribes, or
consortia of those governing bodies, that have received an AIVRS grant
under section 121(a) of the Rehabilitation Act of 1973, as amended
(Act). Under section 121(c)(2) of the Act, the Commissioner of the
Rehabilitation Services Administration (RSA) makes grants to, or enters
into contracts or other cooperative agreements with, entities that have
experience in the operation of AIVRS projects to provide such training
and TA on developing, conducting, administering, and evaluating these
projects.
Program Authority: 29 U.S.C. 741(c).
Applicable Program Regulations: 34 CFR part 371.
Proposed Priorities
This notice contains two proposed priorities.
Background
Section 121(c)(1) of the Act requires the Commissioner of RSA to
reserve not less than 1.8 percent and not more than 2 percent of the
funds set aside for the AIVRS program under section 110(c)(1) from the
amount appropriated to the State VR program under section 100(b)(1) of
the Act to provide training and TA to governing bodies of Indian Tribes
and consortia of those governing bodies that have received an AIVRS
grant, as well as their personnel.
Under section 121(a) of the Act, the Department funds 92 active
AIVRS projects that provide VR services to American Indians with
disabilities who reside on or near a Federal or State reservation,
consistent with each individual's strengths, resources, priorities,
concerns, abilities, capabilities, interests, and informed choice, so
that they may prepare for, and engage in, high-quality competitive
integrated employment that will increase opportunities for economic
self-sufficiency. In FY 2015, the Department funded one grant under
section 121(c) for an AIVRTTAC to provide training and TA to the AIVRS
projects.
The AIVRTTAC funded in FY 2015 has provided intensive, sustained
TA; targeted, specialized TA; and universal, general TA to governing
bodies of Indian Tribes that have received an AIVRS grant and to the
personnel of the AIVRS projects in the following topic areas:
(a) Applicable laws and regulations governing the AIVRS program.
(b) Promising practices for providing VR services to American
Indians with disabilities.
(c) Delivering VR services to American Indians with disabilities,
including the determination of
[[Page 55804]]
eligibility, case management, case record documentation, assessment,
development of the individualized plan for employment (IPE), and
placement into competitive integrated employment.
(d) Assistive technology (AT), including what AT is, how to
evaluate the need for AT, use of AT, and access to AT.
(e) Implementing professional development practices to ensure
effective project coordination, administration, and management.
(f) Implementing appropriate financial and grant management
practices to ensure compliance with the Office of Management and
Budget's (OMB) Uniform Guidance (2 CFR 200) and the Education
Department General Administrative Regulations (EDGAR).
(g) Evaluating project performance, including data collection, data
analysis, and reporting.
Also, in FY 2015, RSA used a different funding source, section 21
of the Act, to fund one grant for a Vocational Rehabilitation Training
Institute for the Preparation of Personnel in American Indian
Vocational Rehabilitation (the Institute). The Institute was designed
to provide a structured program of VR training to personnel of the
AIVRS projects to improve the delivery of VR services to American
Indians with disabilities. The Institute included in its training a
series of courses specifically geared toward building foundational
skills that, when satisfactorily completed, led to a VR certificate
awarded by the Institute. The Institute's training was intentionally
different in scope and sequence than was the training and TA provided
by the AIVRTTAC funded in FY 2015, which provided more concentrated
short-term training in specific areas.
Together, the AIVRTTAC and the Institute comprise the totality of
RSA-funded training and TA to the AIVRS projects to date.
Both projects funded in FY 2015 are now in their fifth and final
year of operation, and both have proven to be successful in delivering
training and TA to the AIVRS projects. For example, as of the second
quarter of grant year five, the Institute provided outreach to 2,093
participants, almost seven times the outreach goal; and enrolled 226
personnel from 61 AIVRS programs in multiple offerings of thirteen
different courses, exceeding their goal by more than 10 percent.
The AIVRTTAC has developed and delivered intensive TA to 23 AIVRS
projects to date. Thirteen AIVRS projects have completed all intensive
TA activities included in the intensive TA agreement. Ten AIVRS
projects are currently working on intensive TA activities.
Additionally, there are four AIVRS projects currently developing
requests for intensive TA. The AIVRTTAC has developed 41 products or
tools to support the provision of intensive, targeted, and universal
TA, with 21 more products and tools under development.
The grantees that participated in intensive TA are showing
improvements in the documentation of service records and the provision
of VR services to project participants. For example, among grantees
that participated in intensive TA, documentation that participants had
been notified of their rights and responsibilities increased from 33
percent to 100 percent. Similarly, external partnerships increased
significantly, including partnerships with schools (increased from 0 to
6) and businesses (increased from 0 to 25), as well as training events
with business partners (increased from 0 to 18).
Each intensive TA plan is customized to the individual needs of the
AIVRS project and targets areas of improvement based on input and
requests from the project staff and areas of need identified by the
pre-TA service record review. During on-site and desk monitoring of the
two TA centers and of the AIVRS projects conducted over several years,
RSA has observed the need to continue to assist AIVRS personnel to work
more effectively with American Indians with disabilities and to fulfill
their roles as VR counselors, VR support personnel, and project
administrators. There are four factors that contribute to this need.
First, many of the personnel employed by AIVRS projects live in rural
and remote communities. While many of these individuals have relevant
experience in social service fields, they have not been able to obtain
formal training in rehabilitation counseling.
Second, the remote locations of many AIVRS projects not only make
it difficult for local personnel to obtain further training due to
distance and cost, but they also make it difficult to recruit VR
counselors from other locations to work for AIVRS projects.
Third, the AIVRS program requires projects to give a preference in
hiring to American Indians, with a special priority being given to
American Indians with disabilities. While American Indians may be
knowledgeable of American Indian cultural practices and norms, this
preference in hiring requirement makes it difficult to find VR
counselors who have experience with VR and who are also familiar with
the Indian Tribe's particular cultural practices and norms.
Fourth, the AIVRS projects have historically had high personnel
turnover rates. The need for basic training and skills development is
ongoing as new personnel are hired.
Based on these factors, RSA determined that AIVRS personnel could
benefit from a structured training program focused on the VR process
and practices and the unique skills and knowledge necessary to improve
employment outcomes for this population. For example, AIVRS personnel
require a better understanding of how various disabilities affect an
individual's ability to participate in competitive employment, how to
interview and evaluate the eligibility of prospective AIVRS consumers
respectfully and appropriately, how to develop a reasonable and
achievable IPE, how to effectively manage the VR services and supports
provided to the individual identified in the IPE, how to obtain and use
accurate labor market information to understand the skill needs and
demands of local employers, and how to develop employment opportunities
to meet those demands that are at appropriate skill levels and
consistent with the consumer's aspirations, as documented in the IPE.
AIVRS personnel also need to understand how job training, reasonable
accommodations, and assistive technology help individuals with
disabilities to pursue, obtain, and retain competitive employment. In
addition, project administrators would benefit from training in areas
such as financial management and accountability, performance
measurement, and case management.
To help determine funding priorities, section 121(c)(3) of the Act
requires RSA to survey the governing bodies of Indian Tribes operating
AIVRS projects to identify their training and TA needs. To do that, RSA
considered the results of the needs survey each AIVRS project submitted
as part of the most recent annual performance report (APR) and the
results of the Tribal consultation on this competition undertaken by
RSA. Analysis of APR survey results over four years showed continuing
demand for almost all topics, even though the relative demand for
various topics shifted somewhat from the initial survey conducted in
2015. Training is consistently requested on applicable laws, outreach
to veterans, eligibility determination, and IPE development. In
addition, there has recently been an increase in requests for training
on Federal regulations applying to grants management, strategies for
working with
[[Page 55805]]
individuals with physical and mental disabilities, budget management,
case management, case record documentation, outreach to underserved
populations regarding disability and institutionalized potential
consumers, VR services, and AIVRS data collection and reporting.
Tribal Consultation: RSA conducted Tribal consultation on this
competition in two primary ways. First, RSA conducted targeted
consultation at a conference of the Consortia of Administrators for
Native American Rehabilitation (CANAR) in December 2019. The conference
is for AIVRS project directors--the personnel who had been served by
both the AIVRTTAC and the Institute and would be served by the new
training and TA grantee. RSA conducted an open Tribal input session on
December 5, 2019 and invited a small focus group of AIVRS project
directors to provide input on December 3, 2019.
Second, RSA issued a request for consultation to all Tribal leaders
through the Department's Office of Indian Education's listserve on
December 4, 2019. This request was open for 31 days and asked for
responses by January 3, 2020. A second request for consultation was
sent to the Tribal leaders and AIVRS project directors of Tribes
operating AIVRS projects. This request was open from December 9, 2019,
through January 9, 2020.
The Tribal requests for consultation consisted of a survey of the
topics and methodologies used by the current TA providers--AIVRTTAC and
the Institute--as well as open-ended questions about how training and
TA could be improved or changed. The results of the Tribal consultation
survey and the input from the Tribal consultation focus groups showed
support for continuing both the activities of the AIVRTTAC and the
Institute and for continuing the specific topics addressed by each
entity. There was also support for continuing the training delivery
models developed by both entities.
The structure of training and TA was also discussed during the
Tribal consultation. The structural issue involved deciding whether to
combine the types of training and TA provided by the AIVRTTAC and the
Institute into a single project. There was no consensus on whether to
change the structure of the AIVRTTAC project funded under a new
competition. Tribal consultation input included support for combining
the two projects and for retaining them separately.
Tribal consultation input indicated that some AIVRS project
personnel wanted a single AIVRS website where AIVRS related material
could be retained, archived, and accessed in a single location. The
Tribal consultation also included suggestions for additional training
and TA needs that will be incorporated into the final priority and the
cooperative agreement.
Proposed Priority 1
Background
RSA proposes for the FY 2020 competition to continue to build upon
the functions and activities of both the AIVRTTAC and the Institute but
combine these functions into a single grant. RSA has noted some overlap
and duplication in the content of the modules developed by the
Institute and the tools, webinars, and on-site TA delivered by the
AIVRTTAC, as well as duplication of overhead functions such as
maintaining two websites. In addition, while funding available for
training and TA under section 121(c) of the Act has increased, overall
funding for training and TA for the AIVRS projects has decreased,
because the Act's section 21 funds that were used for the Institute in
FY 2015 will not be available as they have been redirected to other
priorities in FY 2020. We believe that a single grantee will be able to
work within funding limitations to reduce administrative inefficiencies
and deliver effective training and TA using identified and potentially
new methods and modules.
Proposed priority 1 is designed to assist AIVRS projects to
implement-- (1) efficient and effective project and resource management
techniques to increase the numbers of, and improve the skills of, VR
counselors and other service delivery personnel; and (2) innovative
employment and support strategies provided by these personnel to
improve employment outcomes and career advancement for individuals with
disabilities. The AIVRTTAC funded under this priority would do this
by--
Developing current and, to the extent possible, evidence-
based training modules for use with AIVRS projects, both for use as
part of VR education programs and certificate programs, and as stand-
alone modules;
Providing on-site and other direct training and guidance
to individual AIVRS projects and Tribal governments to implement best
practices and training module content; and
Through both academic content and direct TA, providing
AIVRS project managers, professionals, and paraprofessionals with the
knowledge to meet the unique needs of American Indians with
disabilities.
Consistent with the Secretary's priorities, proposed priority 1 is
designed to implement strategies that ensure Department funds are spent
in a way that increases their efficiency and cost effectiveness,
including by reducing waste or achieving better outcomes.
Proposed Priority 1
American Indian Vocational Rehabilitation Services--Training and
Technical Assistance Program
This priority would fund a five-year cooperative agreement to
establish an American Indian Vocational Rehabilitation Training and
Technical Assistance Center (AIVRTTAC) to provide four types of
training and technical assistance (TA) for the personnel of the
American Indian Vocational Rehabilitation Services (AIVRS) projects
awarded under section 121(a) of the Rehabilitation Act of 1973, as
amended (Act), to the governing bodies of Indian Tribes. The four types
of training and TA are: (1) Intensive, sustained training and TA; (2)
targeted, specialized training and TA; (3) universal, general training
and TA; and (4) capacity-building for AIVRS project personnel through
training modules that build foundational skills for the delivery of VR
services to AIVRS project participants. The AIVRTTAC will develop and
provide these types of training and TA for AIVRS projects in the
following topic areas:
(a) Applicable laws and regulations governing the AIVRS program.
(b) Promising practices for providing VR services to American
Indians with disabilities.
(c) The delivery of VR services to American Indians with
disabilities, including the determination of eligibility, case
management, case record documentation, assessment, development of the
individualized plan for employment, and placement into competitive
integrated employment.
(d) Knowledge of assistive technology (AT), including the
definition of AT, how to evaluate the need for AT and what types of AT
are available, use of AT, and access to AT.
(e) Implementing professional development practices to ensure
effective project coordination, administration, and management.
(f) Implementing appropriate financial and grant management
practices to ensure compliance with OMB's Uniform Guidance (2 CFR part
200) and the Education Department General Administrative Regulations.
[[Page 55806]]
(g) Evaluating project performance, including data collection, data
analysis, and reporting.
Specific subjects for training and TA in each of these topic areas
will be identified on an annual basis and in coordination with RSA.
Project Activities
To be considered for funding under this priority, applicants must
conduct the following activities, or a subset of the following
activities as determined by the Department, in a culturally appropriate
manner:
(a) Maintain and build upon the 12 training modules and the fiscal
tool kit developed by the Institute in the previous grant cycle,
including maintaining the series of seven training modules that build
foundational skills that, when satisfactorily completed, lead to a VR
certificate to be awarded by the AIVRTTAC. To satisfy this activity
requirement, the grantee--
(i) May determine whether the VR certificate awarded will be
academic or non-academic, the requirements for obtaining such a
certificate, and how the certificate may be used by the participants
who earned it;
(ii) May offer the series of training modules in a traditional
classroom setting, through distance learning, through week-long
institutes, at regional trainings throughout the country as an
extension of national conferences, and through other delivery methods,
as appropriate, to meet the needs of the targeted audience;
(iii) May use grant funds to provide reasonable financial
assistance for the cost of tuition and fees and training materials and
to offset costs associated with travel for participants who may be in
remote areas of the country;
(iv) Must conduct an assessment before and after providing training
for each participant in order to assess strengths and specific areas
for improvement, educational attainment and application of skills, and
any issues or challenges to be addressed post-training to ensure
improved delivery of VR services to American Indians with disabilities;
(v) Must provide follow-up TA to participants to address any issues
or challenges that are identified post-training and to ensure that the
training they received is applied effectively in their work setting,
and such follow-up may be conducted as part of the provision of
targeted or intensive TA as determined by the needs of the specific
AIVRS project;
(vi) Must conduct an evaluation to obtain feedback on the training
and follow-up TA and to determine whether this training and TA
contributed to increased employment outcomes for American Indians with
disabilities; and
(vii) May develop additional training modules as negotiated through
the cooperative agreement.
(b) Maintain and build upon the topics and tools the current
AIVRRTAC has developed to provide intensive, sustained training and TA.
To satisfy this activity requirement, the grantee must--
(i) Develop and provide intensive, sustained training and TA to a
minimum of three AIVRS projects in the first year. For future years,
the minimum number of AIVRS projects to receive intensive, sustained
training and TA will be negotiated through the cooperative agreement;
(ii) Develop and implement training and TA consistent with AIVRS
project activities and tailored to the specific needs and challenges of
the AIVRS project receiving the intensive training and TA;
(iii) Provide training and TA under an agreement with each AIVRS
project receiving intensive training and TA that, at a minimum, details
the purpose of the training and TA, intended outcomes, and requirements
for the subsequent evaluation of the training and TA; and
(iv) Assess the results of the training and TA 90 days after its
completion to ensure that the recipient is able to apply effectively
the training and TA, identify any issues or challenges in its
implementation, and provide additional training and TA, either
virtually or on-site, as needed.
(c) Maintain and build upon the topics and tools the current
AIVRTTAC has developed to provide a range of targeted, specialized
training and TA in the topic areas described in this priority based on
needs common to multiple AIVRS projects. The new grantee must follow up
with the recipients of targeted, specialized training and TA it
provides in order to determine the effectiveness of the training and
TA;
(d) Maintain and build upon the topics and tools the current
AIVRTTAC has developed to provide universal, general training and TA in
the topic areas in this priority;
(e) Provide a minimum of two webinars or video conferences in each
of the topic areas in this priority to describe and disseminate up-to-
date information, guides, examples, and emerging and promising
practices in each area;
(f) Develop new information technology (IT) platforms and systems,
or modify existing platforms and systems, as follows:
(i) Develop or modify, and maintain, a state-of-the-art IT platform
capable and reliable enough to support webinars, teleconferences, video
conferences, and other virtual methods of dissemination of information
and TA;
(ii) Develop or modify, and maintain, a state-of-the-art archiving
and dissemination system that is open and available to all AIVRS
projects and that provides a central location for all AIVRS training
and TA products for later use, including course curricula, audiovisual
materials, webinars, examples of promising practices related to the
topic areas in this priority, the primary areas identified through the
annual surveys completed by AIVRS projects, other topics identified by
RSA, and other relevant TA products (the possibility of collaborating
with the National Clearinghouse of Rehabilitation Training Materials
will be considered with the grantee and included in the cooperative
agreement, as appropriate);
(iii) Ensure that all products produced by the AIVRTTAC meet
government and industry-recognized standards for accessibility; and
(iv) Ensure that all products, resources, and materials developed
by the AIVRTTAC are widely disseminated across the AIVRS projects and
reflect the AIVRS population and diversity among its communities to the
maximum extent possible.
(g) Establish a community of practice (or communities of practice)
that will serve as a vehicle for communication, an exchange of
information among AIVRS projects, and a forum for sharing the results
of training and TA projects that are in progress or have been
completed;
(h) Conduct outreach to AIVRS projects so that they are aware of,
and can participate in, training and TA activities; and
(i) Conduct an evaluation to determine the quality, relevance, and
usefulness of the AIVRTTAC's training and TA, including the impact of
the AIVRTTAC's activities on the ability of AIVRS projects to
effectively manage their projects and improve the delivery of VR
services to American Indians with disabilities.
Application Requirements
To be funded under this priority, applicants must meet the
application requirements in this priority. RSA encourages innovative
approaches to meet these requirements, which are--
(a) Demonstrate in the narrative section of the application under
``Significance of the Proposed Project'' how the proposed project
will--
[[Page 55807]]
(1) Use the applicant's knowledge and experience in the operation
of AIVRS projects in order to provide training and TA for these
projects;
(2) Address the AIVRS projects' capacity to effectively implement
an AIVRS project. To meet this requirement, the applicant must--
(i) Demonstrate knowledge of emerging and promising practices in
the topic areas in this priority;
(ii) Demonstrate knowledge of current RSA guidance and Federal
initiatives designed to improve the functioning of grant projects in
general and grant projects for American Indian Tribes in particular;
and
(iii) Present information about the difficulties that AIVRS
grantees have encountered in implementing effective AIVRS projects;
(b) Demonstrate in the narrative section of the application under
``Quality of Project Design'' how the proposed project will--
(1) Achieve its goals, objectives, and intended outcomes. To meet
this requirement, the applicant must provide--
(i) Measurable intended project outcomes;
(ii) A plan for how the proposed project will achieve its intended
outcomes;
(iii) A plan for communicating and coordinating with RSA and key
personnel of AIVRS projects; and
(iv) A draft training module or outline for a targeted TA training
presentation or an outline for intensive TA activities for one of the
topic areas in this priority to demonstrate how participants would be
trained in that area. The module or outline is a required attachment in
the application and must include, at a minimum, the following:
(A) The goals and objectives of this training module, targeted
training activity, or intensive TA activities;
(B) A specific list of what participants should know and be able to
do as a result of successfully completing the module, targeted training
activity, or intensive TA activities;
(C) Up-to-date resources, publications, applicable laws and
regulations, and other materials that may be used to develop the
module, targeted training activity, or intensive TA activities;
(D) Exercises that will provide an opportunity for application of
the subject matter;
(E) A description of how participant knowledge, skills, and
abilities will be measured; and
(F) In the case of an intensive TA intervention, how the outcomes
and impact of the intensive TA intervention will be measured;
(2) Use a logic model to develop project plans and activities that
includes, at a minimum, the goals, activities, outputs, and outcomes of
the proposed project;
(3) Be based on current research and make use of emerging and
promising practices, and evidence-based practices, where available. To
meet this requirement the applicant must describe--
(i) The current research on the emerging and promising practices in
the topic areas in this priority; and
(ii) How the AIVRTTAC will incorporate current research and
promising and evidence-based practices, including research about adult
learning principles and implementation science, in the development and
delivery of its products and services;
(4) Develop products and provide services that are of high quality
and of sufficient intensity and duration to achieve the intended
outcomes of the proposed project. To address this requirement the
applicant must describe--
(i) Its proposed approach to universal, general training and TA;
(ii) Its proposed approach to targeted, specialized training and
TA, which must identify--
(A) The intended recipients of the products and services under this
approach, including the categories of personnel that would be receiving
the training and TA;
(B) Its proposed methods for providing targeted, specialized
training and TA; and
(C) Its proposed methodology for determining topics for the
targeted, specialized training and TA;
(iii) Its proposed approach to intensive, sustained training and
TA, which must identify--
(A) Its proposed approach to identifying recipients for intensive,
sustained training and TA;
(B) Its proposed methodology for providing intensive, sustained
training and TA to recipients; and
(C) Its proposed approach to assessing the training and TA needs of
recipients, including their ability to respond effectively to the
training and TA; and
(iv) Its proposed approach to maintaining and building upon
capacity-building modules, which must identify--
(A) Its proposed approach to maintaining the 12 training modules
and the fiscal tool kit developed by the Institute in the previous
grant cycle, including maintaining the series of seven training modules
that build foundational skills that, when satisfactorily completed,
lead to a VR certificate to be awarded by the new grantee; and
(B) Its proposed approach to identifying, developing and delivering
new capacity-building modules; and
(5) Develop products and implement services to maximize the
proposed project's efficiency. To address this requirement, the
applicant must describe--
(i) How the proposed project will use technology to achieve the
intended project outcomes;
(ii) With whom the proposed project will collaborate and the
intended outcomes of this collaboration; and
(iii) In particular, how the proposed project will coordinate and
collaborate with other RSA-funded technical assistance centers to
exchange and adapt relevant products and materials to avoid duplication
and make effective use of grant funds to better manage the AIVRTTAC
project and its available resources to improve service delivery to
AIVRS projects;
(c) Demonstrate in the narrative section of the application under
``Adequacy of Project Resources'' how--
(1) The applicant and any key partners possess adequate resources
to carry out the proposed activities; and
(2) The proposed costs are reasonable in relation to the
anticipated results and benefits;
(d) Demonstrate in the narrative section of the application under
``Quality of Project Personnel'' how--
(1) The proposed project will encourage applications for employment
from persons who are members of groups that have historically been
underrepresented based on race, color, national origin, gender, age, or
disability, as appropriate; and
(2) The proposed key project personnel, consultants, and
subcontractors have the qualifications and experience to provide
training and TA to AIVRS projects in each of the topic areas in this
priority and to achieve the project's intended outcomes, including how
the proposed project personnel have a high degree of knowledge and
understanding of cultural factors that will be sufficient to ensure the
delivery of training and TA in a culturally appropriate manner;
(e) Demonstrate in the narrative section of the application under
``Quality of the Management Plan'' how the proposed management plan
will ensure that the project's intended outcomes will be achieved on
time and within budget. To address this requirement, the applicant must
describe--
(1) Clearly defined roles and responsibilities for two full-time
key
[[Page 55808]]
project personnel designated to the AIVRTTAC through the entire project
period and for consultants and subcontractors, as applicable;
(2) Timelines and milestones for accomplishing the project tasks;
(3) Using a personnel loading chart, detailed project activities
through the entire project period, key personnel and any consultants or
subcontractors that will be allocated to each activity, and the
designated level of effort for each of those activities;
(4) How the personnel allocations in the personnel loading chart
are appropriate and adequate to achieve the project's intended
outcomes, including an assurance that all personnel will communicate
with stakeholders and RSA in a timely fashion;
(5) How the proposed management plan will ensure that the training
and TA products developed through this cooperative agreement are
complete, accurate, and of high quality; and
(6) How the proposed project will benefit from a diversity of
perspectives, including AIVRS projects and consumers, State VR
agencies, TA providers, and policy makers, in its development and
operation; and
(f) Demonstrate in the narrative section of the application under
``Quality of the Evaluation Plan'' how the applicant proposes to
collect and analyze data on specific and measurable goals, objectives,
and intended outcomes of the project, including the effectiveness of
the training and TA provided. To address this requirement, the
applicant must describe--
(i) Its proposed evaluation methodologies, including instruments,
data collection methods, and analyses;
(ii) Its proposed standards or targets for determining
effectiveness;
(iii) How it will use the evaluation results to examine the
effectiveness of its implementation and its progress toward achieving
the intended outcomes; and
(iv) How the methods of evaluation will produce quantitative and
qualitative data that demonstrate whether the project and individual
training and TA activities achieved their intended outcomes.
Proposed Priority 2
Background
In this second priority, RSA proposes a matching requirement to
increase the vested interest of the grantee in the success of the
project and to maximize the Federal investment because additional funds
provided through the match would allow the grantee to support more
activities. In addition, this matching requirement may provide an
opportunity for grantees to identify and partner with other entities,
resulting in cooperative partnerships that could ultimately improve
sustainability of the projects.
Proposed Priority 2
Projects that are designed to demonstrate matching support for the
proposed projects at one or more of the following levels:
(a) 10 percent of the Federal amount of the grant.
(b) 20 percent of the Federal amount of the grant.
(c) 30 percent of the Federal amount of the grant.
(d) 40 percent of the Federal amount of the grant.
(e) 50 percent of the Federal amount of the grant.
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)(a)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Proposed Definitions
We propose the following definitions for use with these proposed
priorities to ensure that applicants have a clear understanding of how
these terms are being used.
Intensive training and technical assistance means training and
technical assistance provided to the governing bodies of Indian Tribes
that have received an AIVRS grant and to the current personnel of the
AIVRS projects primarily on-site over an extended period. Intensive
training and technical assistance is based on an ongoing relationship
between the training and technical assistance center personnel and the
governing bodies of Indian Tribes that have received an AIVRS grant and
the current personnel of the AIVRS projects 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 governing
bodies of Indian Tribes that have received an AIVRS grant and to the
current personnel of the AIVRS projects 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 governing bodies of Indian Tribes that have
received an AIVRS grant and to the current personnel of the AIVRS
projects.
Universal training and technical assistance means training and
technical assistance broadly available to governing bodies of Indian
Tribes that have received an AIVRS grant and to the current personnel
of the AIVRS projects and other interested parties through their own
initiative, resulting in minimal interaction with training and
technical assistance center personnel. Universal training and technical
assistance include generalized presentations, products, and related
activities available through a website or through brief contacts with
the training and technical assistance center personnel.
Final Priorities and Definitions: We will announce the final
priorities and definitions in a notice in the Federal Register. We will
determine the final priorities and definitions after considering
responses to the proposed priorities and definitions and other
information available to the Department. 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 the priorities or definitions, we invite
applications through a notice in the Federal Register.
Executive Orders 12866, 13563, and 13771
Regulatory Impact Analysis
Under Executive Order 12866, the Office of Management and Budget
(OMB) determines whether this regulatory action is ``significant'' and,
[[Page 55809]]
therefore, subject to the requirements of the Executive order and
subject to review by OMB. Section 3(f) of Executive Order 12866 defines
a ``significant regulatory action'' as an action likely to result in a
rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local, or
Tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
OMB has determined that this proposed regulatory action is not a
significant regulatory action subject to review by OMB under section
3(f) of Executive Order 12866.
Under Executive Order 13771, for each new rule that the Department
proposes for notice and comment or otherwise promulgates that is a
significant regulatory action under Executive Order 12866 and that
imposes total costs greater than zero, it must identify two
deregulatory actions. For FY 2020, any new incremental costs associated
with a new rule must be fully offset by the elimination of existing
costs through deregulatory actions. However, Executive Order 13771 does
not apply to ``transfer rules'' that cause only income transfers
between taxpayers and program beneficiaries, such as those regarding
discretionary grant programs. Because the proposed priorities and
definitions would be utilized in connection with a discretionary grant
program, Executive Order 13771 does not apply.
We have also reviewed this proposed regulatory action under
Executive Order 13563, which supplements and explicitly reaffirms the
principles, structures, and definitions governing regulatory review
established in Executive Order 12866. To the extent permitted by law,
Executive Order 13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing the proposed priorities 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 have also determined that this regulatory action does not unduly
interfere with State, local, and Tribal governments in the exercise of
their governmental functions.
In accordance with these Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
The costs would include the time and effort in responding to the
priorities for entities that choose to respond.
In addition, we have considered the potential benefits of this
regulatory action and have noted these benefits in the background
section of this document. The benefits include receiving comments
regarding the need to continue to provide both TA and a structured
training program focused on the VR process and practices and the unique
skills and knowledge necessary to improve employment outcomes for
American Indians with disabilities.
Clarity of the Regulations
Executive Order 12866 and the Presidential memorandum ``Plain
Language in Government Writing'' require each agency to write
regulations that are easy to understand. The Secretary invites comments
on how to make the proposed priorities and definitions easier to
understand, including answers to questions such as the following:
Are the requirements in the proposed regulations clearly
stated?
Do the proposed regulations contain technical terms or
other wording that interferes with their clarity?
Does the format of the proposed regulations (grouping and
order of sections, use of headings, paragraphing, etc.) aid or reduce
their clarity?
Would the proposed regulations be easier to understand if
we divided them into more (but shorter) sections?
Could the description of the proposed regulations in the
SUPPLEMENTARY INFORMATION section of the preamble be more helpful in
making the proposed regulations easier to understand? If so, how?
What else could we do to make the proposed regulations
easier to understand?
To send any comments that concern how the Department could make
these proposed regulations easier to understand, see the instructions
in the ADDRESSES section.
Regulatory Flexibility Act Certification: The Secretary certifies
that this proposed regulatory action would not have a significant
economic impact on a substantial number of small entities. The U.S.
Small Business Administration Size Standards define 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 proposed regulatory action would
affect are public or private nonprofit agencies and
[[Page 55810]]
organizations, including Indian Tribes and institutions of higher
education that may apply. We believe that the costs imposed on an
applicant by the proposed priorities and definitions would be limited
to paperwork burden related to preparing an application and that the
benefits of the proposed priorities and definitions would outweigh any
costs incurred by the applicant. There are very few entities who could
provide the type of TA required under the proposed priorities. For
these reasons the proposed priorities and definitions would not impose
a burden on a significant number of small entities.
Paperwork Reduction Act of 1995: The proposed priorities and
definitions contain information collection requirements that are
approved by OMB under OMB control number 1820-0018.
Assessment of Educational Impact
In accordance with section 411 of the General Education Provisions
Act, 20 U.S.C. 1221e-4, the Secretary particularly requests comments on
whether these proposed regulations would require transmission of
information that any other agency or authority of the United States
gathers or makes available.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the program contact person
listed under FOR FURTHER INFORMATION CONTACT.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF, you must have Adobe Acrobat Reader, which is available free at
the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Mark Schultz,
Commissioner, Rehabilitation Services Administration. Delegated the
authority to perform the functions and duties of the Assistant
Secretary for the Office of Special Education and Rehabilitative
Services.
[FR Doc. 2020-19925 Filed 9-8-20; 4:15 pm]
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