[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
[Proposed Rules]
[Pages 12136-12143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04369]



[[Page 12136]]

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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2021-OSERS-0003]


Proposed Priority and Requirements--Training of Interpreters for 
Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are 
DeafBlind Program

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

ACTION: Proposed priority and requirements.

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SUMMARY: The U.S. Department of Education (Department) proposes a 
priority and requirements for the Training of Interpreters for 
Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are 
DeafBlind program, Assistance Listing Number 84.160D. The Department 
may use the priority and requirements for competitions in fiscal year 
2021 and later years. We take this action to provide training to 
working interpreters in order to develop a new skill area or enhance an 
existing skill area.

DATES: We must receive your comments on or before April 1, 2021.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``How to use Regulations.gov'' in the Help section.
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about the proposed priority and 
requirements, address them to Kristen Rhinehart-Fernandez, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 5094, Potomac 
Center Plaza, Washington, DC 20202-2800.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: Kristen Rhinehart-Fernandez, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 5094, Potomac 
Center Plaza, Washington, DC 20202-2800. Telephone: (202) 245-6103. 
Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:
    Invitation to Comment: We invite you to submit comments regarding 
the proposed priority and requirements. To ensure that your comments 
have maximum effect in developing the notice of final priority and 
requirements, we urge you to identify clearly the specific section of 
the proposed priority and requirements that each comment addresses.
    In addition to your general comments and recommended 
clarifications, we seek input on the proposed design of the training. 
We are particularly interested in your feedback on the following 
questions:
    1. Do the four specialty areas identified in the proposed priority 
meet the current needs in the field of interpreting for individuals who 
are deaf, hard of hearing, or DeafBlind? Are there other specialty 
areas that should be considered? If so, please provide information to 
demonstrate need and explain why.
    2. Are there challenges to providing an induction experience for 
all participants as a requirement for successfully completing the 
program? For example, is there a limited number of potential induction 
opportunities that might be available for participants? If so, please 
provide information to describe any challenges and options for how 
induction opportunities may be reasonably incorporated into the 
training program.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866 and 13563 and their overall 
requirement of reducing regulatory burden that might result from the 
proposed priority and requirements. Please let us know of any further 
ways we could reduce potential costs or increase potential benefits 
while preserving the effective and efficient administration of the 
program.
    During and after the comment period, you may inspect all public 
comments about the proposed priority and requirements by accessing 
Regulations.gov. Due to the 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. Please contact the 
person listed under FOR FURTHER INFORMATION CONTACT.
    Assistance to Individuals With Disabilities in Reviewing the 
Rulemaking Record: On request, we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for the proposed priority and requirements. If 
you want to schedule an appointment for this type of accommodation or 
auxiliary aid, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT.
    Purpose of Program: Under the Rehabilitation Act of 1973, as 
amended (Rehabilitation Act), the Rehabilitation Services 
Administration (RSA) makes grants to public and private nonprofit 
agencies and organizations, including institutions of higher education, 
to establish interpreter training programs or to provide financial 
assistance for ongoing interpreter programs to train a sufficient 
number of qualified professionals (as defined in 34 CFR 396.4) 
throughout the country.
    The purpose of the program is to train interpreters to effectively 
interpret and transliterate using spoken, visual, and tactile modes of 
communication; ensure the maintenance of the interpreting skills of 
qualified interpreters; and provide opportunities for interpreters to 
raise their skill level in order to meet the highest standards approved 
by certifying associations and to effectively meet the communication 
needs of individuals who are deaf or hard of hearing and individuals 
who are DeafBlind.
    Program Authority: 29 U.S.C. 709(c) and 772(a) and (f).
    Proposed Priority: This notice contains one proposed priority.

Interpreter Training in Specialty Areas

Background

    The Department has long been committed to improving the delivery of 
vocational rehabilitation (VR) services to, and the employment outcomes 
of, individuals with disabilities who are

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deaf, hard of hearing, or DeafBlind \1\ and has funded interpreter 
training projects since 1974. In 2016, the Department funded four 
national projects to provide specialized training in the areas of 
dysfluent language competencies, behavioral health interpreting, pro-
tactile American Sign Language (ASL), and preparing interpreters, 
especially those from communities of color and heritage signing 
backgrounds, to work in legal settings. The Department also funded a 
national project to provide experiential learning to novice 
interpreters and reduce the length of time between graduation and 
certification. Information about the 2016 interpreter training projects 
may be accessed through the Rehabilitation Services Administration's 
National Clearinghouse of Rehabilitation Training Materials (NCRTM) at 
ncrtm.ed.gov.
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    \1\ ``Individual who is deaf,'' ``individual who is hard of 
hearing,'' and ``individual who is deaf-blind'' are defined in 34 
CFR 396.4.
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    Further, the Rehabilitation Act continues to support the 
communication needs of individuals who are deaf, hard of hearing, or 
DeafBlind. The Rehabilitation Act requires that the State Plan 
establish and maintain minimum standards to ensure the availability of 
personnel within the designated State unit, to the maximum extent 
feasible, trained to communicate in the native language or mode of 
communication of an applicant or eligible individual (section 
101(7)(C)). When this is not possible, such as for individuals who are 
deaf, hard of hearing, or DeafBlind, the services of interpreters 
trained to communicate using the native language or mode of 
communication of an applicant or eligible individual are used. Section 
302(f) of the Rehabilitation Act addresses the need for providing 
interpreting services for individuals who are deaf, hard of hearing, or 
DeafBlind by authorizing grants for the training of interpreters.
    To continue to effectively meet the communication needs of 
individuals who are deaf, hard of hearing, or DeafBlind, the Department 
proposes a priority to provide training to working interpreters (i.e., 
interpreters with a baccalaureate degree in ASL-English who possess a 
minimum of three years of relevant experience as an interpreter) in one 
of four specialty areas. This priority focuses on preparing 
interpreters to work in VR settings. According to the RSA-911,\2\ in 
program year (PY) 2019, 7.43 percent (64,860) of all VR participants 
(872,643) were deaf, hard of hearing, or DeafBlind. Specifically, 2.6 
percent were deaf, 4.68 percent were hard of hearing, and 0.15 percent 
were DeafBlind. The RSA-911 data show that interpreter services were 
used by 1,404 VR participants who achieved competitive integrated 
employment (CIE) outcomes in PY 2019, including 1,144 participants who 
are deaf, 231 participants who are hard of hearing, and 29 participants 
who are DeafBlind.
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    \2\ RSA uses data collected through the Case Service Report 
(RSA-911) (OMB control number 1820-0508) for the State VR Services 
Program and the State Supported Employment (SE) Services Program to 
describe the performance of the VR and SE programs in the Annual 
Report to the Congress and the President as required by sections 13 
and 101(a)(10) of the Rehabilitation Act.
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    Interpreter training in specific specialty areas is necessary to 
meet the ongoing and diverse needs of individuals who are deaf, hard of 
hearing, and DeafBlind. A 2015 Trends Survey documented 47 percent of 
service providers reporting an increase in the number of deaf 
individuals pursuing education or employment in specialized fields 
(Schafer and Cokely, 2016). Interpreters must be able to understand and 
communicate proficiently using technical vocabulary and highly 
specialized discourse in a variety of complex specialty areas in both 
ASL and English.
    In order to effectively train working interpreters in specific 
specialty areas, we propose a priority that incorporates high-quality 
remote learning,\3\ field induction, mentorship, and coaching. Unlike 
spoken language majors, which often include a semester or year-long 
study abroad experience, many interpreting majors do not offer 
immersion opportunities. Classroom instruction alone is inadequate, and 
meaningful program interaction with diverse communities of deaf people 
is missing from most programs (Cokely and Cogen, 2015).
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    \3\ Remote learning means programming where at least part of the 
learning occurs away from the physical building in a manner that 
addresses a learner's educational needs. Remote learning may include 
online, hybrid/blended learning, or non-technology-based learning 
(e.g., lab kits, project supplies, paper packets). 85 FR 86550 
(December 30, 2020)
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    Experiential learning theory, a learning style first introduced by 
David Kolb in 1984, describes the value of learning through experience 
and meaningful program interaction, such as induction, mentorship, and 
coaching (Bentley-Sassaman, 2014). Working interpreters can apply 
Kolb's experiential learning theory to enhance their professional 
growth and skills. Under Kolb's approach, there are four key abilities 
that create an effective learning cycle. These abilities include 
concrete experience (CE), reflective observation (RO), abstract 
conceptualization (AC), and active experimentation (AE). To achieve CE, 
working interpreters must involve themselves fully, openly, and without 
bias in new experiences. To achieve RO, working interpreters must 
reflect on and observe their experiences from many perspectives. To 
achieve AC, working interpreters must create concepts that integrate 
their observations into logically sound theories. Lastly, to achieve 
AE, working interpreters must use these theories to make decisions and 
solve problems (Bentley-Sassaman, 2014).
    According to Bentley-Sassaman (2014), the majority of learning for 
ASL-English interpreters takes place in the field, where they have 
hands-on experiences and the guidance of a mentor. Mentoring refines 
skills development through observation and reflection and builds on the 
experiential learning component. Under a mentor's supervision, students 
have the opportunity to apply foundational knowledge and then gather 
feedback from their mentor and apply it to their next activity or 
interpretation assignment.
    Through the proposed priority, the Secretary intends to award one 
national project in each of the following specialty areas: (1) 
Increasing skills of novice interpreters, (2) trilingual interpreting 
(including Spanish) (i.e., language fluency in first, second, and third 
languages with one of the three languages being ASL), and (3) advanced 
skills for working interpreters. In addition, the Secretary intends to 
award four national projects in a fourth specialty area, a field-
initiated project.
    With respect to Specialty Area (1) (increasing skills for novice 
interpreters), according to the National Interpreter Education Center 
(NIEC), challenges facing interpreter training and education programs 
are prevalent. In 2015, NIEC conducted a study to examine the 
disconnect between interpreter education and work-readiness (Cogen and 
Cokely, 2015). Its findings suggest that interpreter training and 
education programs have, in many instances, failed to produce ASL-
fluent graduates. Graduates are generally unable to understand the 
English message and interpret it accurately from spoken English to ASL 
and from ASL to spoken English in a manner that is fluent and matches 
the source message in content, tone, and register.
    Data gathered from the 2015 NIEC trends survey and two needs 
assessments revealed that newly graduated interpreters have a limited

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working ability to communicate in ASL and that the gap between 
interpreter graduation and readiness to work continues to grow. 
Furthermore, trends survey data suggests that recent graduates from 
interpreter education programs do not have access to structured post-
graduation pathways, which threatens work-readiness and puts 
interpreters and their future consumers at an increased risk (Cogen and 
Cokely, 2015).
    With respect to Specialty Area (2) (trilingual interpreting 
(including Spanish)), in 2015, the Census Bureau estimated that over 60 
million U.S. residents speak a language other than English at home. In 
a 2018 study, the University of Texas at Austin examined 60 interpreter 
training programs (ITPs) across nine States and one territory, with 31 
programs responding, to examine the incorporation of curricula focused 
on Spanish language within interpreter settings in the U.S. (Quinto-
Pozos et al., 2018). The study revealed that 90 percent of interpreter 
training program students were from non-English speaking homes, 88 
percent of whom were from Spanish speaking homes. Only 32 percent of 
respondents indicated that their ITP contained content and training on 
interpreting in settings where languages other than ASL and English are 
used. None of the ITPs surveyed offered certificates or degree programs 
specifically focused on languages other than ASL or English.
    The National Consortium for Interpreter Education Centers (NCIEC), 
funded by the Department, developed curricula for professional 
development in Spanish-influenced settings, and the National 
Multicultural Interpreter Program (NMIP) created curriculum for 
interpreters in multicultural and multilingual settings (Quinto-Pozos 
et al., 2018). The NCIEC and NMIP curricula are publicly available and 
free of cost. Survey results from the University of Texas at Austin 
indicated that only 45 percent of ITPs reported using NCIEC curricula, 
and only 33 percent of ITPs reported using NMIP curriculum, 
respectively. Despite the accessibility of the curricula, only a 
minority of ITPs currently incorporate the content into their programs. 
We also believe there may be parts of the country where multiple 
languages are spoken by deaf individuals and individuals who are hard 
of hearing. Therefore, applicants may address multiple language 
combinations in their proposals.
    With respect to Specialty Area (3) (advanced skills for working 
interpreters), it is crucial for interpreters to continue to improve 
their working knowledge and skills and stay up to date on ethical 
considerations in interpreting. According to the RSA-911 data, in 
program year (PY) 2019 employment outcomes for individuals who are 
deaf, hard of hearing, and DeafBlind were 60 percent, 82 percent, and 
47 percent, respectively. Employment outcomes for the overall 
population of individuals receiving VR services was 43 percent in PY 
2019. As employment possibilities and opportunities for individuals who 
are deaf, hard of hearing, and DeafBlind grow, more individuals are 
pursuing advanced degrees and working in specialized professions. Cogen 
and Cokely (2015) documented a notable increase in individuals who are 
deaf or hard of hearing and are pursuing careers in specialized areas 
such as law, medicine, engineering, and high-tech industry. For this 
reason, interpreters with advanced skills and knowledge of highly 
specialized terminology, discourse, and emerging areas of ASL are 
needed. Currently, it is difficult to find interpreters who have the 
knowledge and linguistic range in both English and ASL to interpret in 
highly specialized areas. The 2015 NIEC trends survey indicated that 87 
percent of respondents found it difficult to find qualified 
interpreters (Schafer and Cokely, 2016). Furthermore, interpreters 
working in advanced and specialized professions must be trained and 
competent in ethical considerations of advanced study and specialized 
professions.
    With respect to Specialty Area (4) (field initiated), projects must 
be designed to develop training for interpreters in areas where no 
training currently exists, where the existing training is no longer 
current or relevant, or to enhance training in an area that has 
received increased emphasis under the Rehabilitation Act. Field-
initiated topics that would not be eligible under this proposed 
priority and requirements include, for example, topics focusing on 
educational interpreting for pre-kindergarten (pre-k) to grade 12 
students and other topics that are not related to interpreting for 
individuals receiving VR services. While there is emphasis in the 
Workforce Innovation and Opportunity Act (WIOA) on providing services 
and support to transition-age youth, the purpose of this program is to 
train interpreters to serve consumers in the rehabilitation process. 
The Department has other resources to support programs preparing pre-K 
to grade 12 personnel, including, for example, grant awards under the 
Individuals with Disabilities Education Act Personnel Preparation in 
Special Education, Early Intervention, and Related Services program, 
which includes funding to train personnel who serve school-age children 
with low incidence disabilities, such as visual impairments, hearing 
impairments, and simultaneous visual and hearing impairments.
    Under Specialty Area (4), the Department's interest is in, but is 
not limited to, the following topic areas:
    Topic area (a) (interpreting in healthcare including interpreting 
for hard-to-serve populations) would address the increased need for 
interpreters within medical, behavioral, and mental health settings as 
well as settings where domestic violence or substance abuse issues are 
present. Individuals who are deaf, hard of hearing, and DeafBlind need 
access to both interpreting services and qualified interpreters trained 
in specialized medical settings. In the 2015 NCIEC Trends Report, 89 
percent of respondents indicated that it is ``somewhat'' to ``very 
difficult'' to find interpreters who have the skills, knowledge, and 
training to effectively serve individuals with mental health concerns 
(Cogen and Cokely, 2015).
    In 2009, a comparison report was developed reflecting a deaf 
consumer needs assessment from two composite groups (Cokely and 
Winston, 2009). Data was collected through 1,250 electronic surveys 
from deaf consumers through the National Association for the Deaf 
(NAD). Data was also collected through focus group and interview 
sessions with 61 individual consumers not typically associated with NAD 
membership. In both composite groups, the highest number of respondents 
identified ``health'' settings as the most difficult, as well as the 
most important, for securing interpreting services. Cokely and Winston 
(2009) explain the need to better understand health-related sub-
settings and the various factors that make it difficult to attain 
interpreter services in those settings so access to both interpreting 
services and qualified interpreters may be increased.
    Topic area (b) (interpreting for individuals who are DeafBlind) 
would build upon the 2016 grant to train interpreters to meet the 
growing needs of individuals who are DeafBlind and increase their 
autonomy and self-determination. Techniques for interpreting for 
individuals who are DeafBlind include, print on palm (POP), tactile 
sign language, tracking, tactile fingerspelling, Tadoma, pro-tactile 
American sign language (PTASL), and others. Interpreting for 
individuals who are DeafBlind is a skilled practice that

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requires the expansion of the typical interpreter role. Qualified 
DeafBlind interpreters provide visual environmental information, modify 
the signing space, manage the distance between consumer and 
interpreter, regulate pacing, and understand the importance of 
appropriate clothing in accommodating individuals who are DeafBlind 
(Interpreter Resources, 2020). As of 2018, there were approximately 150 
Interpreter Training Programs in the United States, only six of which 
offered coursework dedicated to DeafBlind interpreting (DeafBlind 
Interpreting, 2018). The lack of learning opportunities has yielded a 
very limited pool of interpreters with expertise in this 
specialization. Most ITP students exit educational programs with 
limited or no skills in the specialization (DeafBlind Interpreting, 
2018). A grant under this topic area could focus on any one of the 
stated techniques for interpreting for individuals who are DeafBlind.
    Topic area (c) (atypical language interpreting) would build on the 
2016 grant to improve services for individuals who are not skilled 
users of ASL. At the time of this notice, 31 working interpreters have 
completed the program of study and induction, another 19 have completed 
training, and 18 are engaged in induction. To date, 3,304 working 
interpreters enrolled in self-directed training with 1,121 having 
successfully completed at least one of the four modules. There is also 
a need to expand such services to the senior deaf population who may 
use older signs or suffer from dementia, and to individuals from 
foreign countries who do not yet use ASL fluently.
    For topic area (d) (other topics), applicants must demonstrate the 
need for the training in a proposed new topic area or, in areas for 
which there is existing training, demonstrate that the existing 
training is not adequately meeting the needs of interpreters working in 
the field of VR.
    Nothing in the proposed priority and requirements would alter an 
applicant's or grantee's obligations to comply with nondiscrimination 
requirements in the U.S. Constitution and Federal civil rights laws, 
including nondiscrimination on the basis of race or ethnicity, among 
other bases.

References

Bentley-Sassaman, J. ``The Experiential Learning Theory and 
Interpreter Education.'' International Journal of Interpreter 
Education. (2014): 62-67.
Cogen, C., M.Ed., and Cokely, D. ``Preparing Interpreters for 
Tomorrow: Report on a Study of Emerging Trends in Interpreting and 
Implications for Interpreter Education.'' National Interpreter 
Education Center at Northeastern University. (2015).
Cokely, D. and Winston, E. ``Comparison Report. Phases I & II, Deaf 
Consumer Needs Assessment.'' The National Consortium of Interpreter 
Education Centers. (2009): 18-22.
``DeafBlind Interpreting: Toward Effective Practice.'' DeafBlind 
Interpreting National Training and Resource Center at Western Oregon 
University. (2018): 1-177.
``Interpreter Resources: Interpreters for the Deaf-Blind.'' RIT 
Libraries. (2020)
Quinto-Pozos, D., Martinez, M., Suarez, A., and Zech, R. ``Beyond 
Bilingual Programming: Interpreter Education in the U.S. Amidst 
Increasing Linguistic Diversity.'' International Journal of 
Interpreter Education. 10(1) (2018): 46-59.
Schafer, T., MPA. MIP, Center Director, and Cokely, D., Ph.D., 
Principal Investigator, ``Report on the National Needs Assessment 
Initiative New Challenges-Needed Challenges.'' National Interpreter 
Education Center at Northeastern University. (March 2016).

Proposed Priority

    The purpose of this proposed priority is to fund projects that 
provide training to working interpreters in one of four specialty areas 
to effectively meet the communication needs of individuals who are deaf 
or hard of hearing and individuals who are DeafBlind receiving VR 
services. The projects must achieve, at a minimum, the following 
outcomes: An increase in the number of interpreters who are trained to 
work with deaf VR consumers who require specialized interpreting; and 
an increase in the number of interpreters trained in specialty areas 
who obtain or advance in employment in the areas for which they were 
prepared.

Application Requirements

    The Department proposes the following requirements for this 
activity. We may apply one or more of these requirements in any year in 
which this activity is in effect. RSA encourages innovative approaches 
to meet these requirements:
    (a) Demonstrate, in the narrative section of the application under 
``Significance of the Project,'' how the proposed project will address 
the need for sign language interpreters in a specialty area. To address 
this requirement, applicants must:
    (1) Present applicable data demonstrating the need for interpreters 
in the specialty area for which training will be developed by the 
project and delivered in at least three distinct, noncontiguous 
geographic areas, which may include the U.S. Territories;
    (2) Present baseline data for the number or estimated number of 
working interpreters currently trained in the specialty area. In the 
event that an applicant proposes training in a new specialty area that 
does not currently exist or for which there are no baseline data, the 
applicant should provide an adequate explanation of the lack of 
reliable data and may report zero as a baseline;
    (3) Explain how the project will increase the number and quality of 
working interpreters in a specialty area who demonstrate the necessary 
competencies to meet the communication needs of individuals who are 
deaf, hard of hearing, or DeafBlind. To meet this requirement, the 
applicant must--
    (i) Identify competencies that working interpreters must 
demonstrate in order to provide high-quality services in the identified 
specialty area using practices that demonstrate a rationale or are 
based on instruction supported by evidence, when available; and
    (ii) Demonstrate that the identified competencies are based on 
practices that demonstrate a rationale or are supported by evidence 
that will result in effectively meeting the communication needs of 
individuals who are deaf, hard of hearing, or DeafBlind.
    (b) Demonstrate, in the narrative section of the application under 
``Quality of Project Design,'' how the proposed project will--
    (1) Develop a new training program or stand-alone modules and 
conduct a pilot by the end of the first year of the project. Applicants 
must provide justification in their application if they determine 
additional time may be necessary to fully develop and pilot the 
curricula before the end of the first year. The training program or 
stand-alone modules must contain remote learning (as defined in this 
priority) experiences that advance engagement and learning (e.g., 
synchronous and asynchronous professional learning, professional 
learning networks or communities, and coaching) that could also be 
incorporated into an existing baccalaureate or graduate degree ASL-
English (or ASL-other spoken language) program, as appropriate. 
Applicants may choose to award continuing education credits (CEUs) or 
college or master's level credits to participants in the training 
program. Applicants should note that while pre-service training is not 
the focus of this program, a variety of resources may be considered 
(such as available pre-service training material) that may inform, 
support, or strengthen the development of training for ASL-

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English interpreter training in specialized areas.
    (2) Deliver the training or stand-alone modules remotely to at 
least three distinct, noncontiguous geographic areas identified in 
paragraph (a)(1) of these application requirements in years two, three, 
four and five of the project. Applicants may also deliver in-person 
training, as appropriate, to support participants' application of 
knowledge, skills, and competencies gained through online training.
    (3) Provide mentoring and coaching to participants, as needed. This 
may include, but is not limited to, one-on-one instruction to address 
specific areas identified by an advisor as needing further practice, 
and providing written feedback from observed interpreting situations, 
from deaf consumers, from trained mentors, including written feedback 
from mentoring sessions, and from others, as appropriate;
    (4) Develop a self-directed track and make it available to the 
public for independent remote learning by the end of the second year of 
the project. Applicants must develop a curriculum guide for each module 
and make available relevant materials from the training program. 
Applicants may offer CEUs to participants who successfully complete the 
self-directed track;
    (5) Be based on current research and make use of practices that 
demonstrate a rationale or are supported by promising evidence (as 
defined in 34 CFR 77.1). To meet this requirement, the applicant must 
describe--
    (i) How the proposed project will incorporate current research and 
practices that demonstrate a rationale or are supported by promising 
evidence in the development and delivery of training and in the 
development of products and materials;
    (ii) How the proposed project will ensure that working interpreters 
interact with individuals with disabilities who are deaf, hard of 
hearing, or DeafBlind and have a range of communication skills, from 
those with limited language skills to those with high-level, 
professional language skills, as appropriate.
    (c) In the narrative section of the application under ``Quality of 
Project Services,'' the applicant must--
    (1) Demonstrate how the project will ensure equal access and 
treatment for eligible project participants who are members of groups 
who have traditionally been underrepresented based on race, color, 
national origin, gender, age, or disability;
    (2) Describe the criteria that will be used to identify applicants 
for participation in the program, including any pre-assessments that 
may be used to determine the skill, knowledge base, and competence of 
the working interpreter;
    (3) Describe how the project will outreach \4\ to working 
interpreters, especially working interpreters from rural areas, Indian 
Tribes, and traditionally underrepresented groups;
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    \4\ When preparing outreach and recruitment materials, selection 
criteria for training programs, as well as criteria for selecting 
trainers employed under the grant, applicants should cast a wide net 
for participants of all races and not preclude participation based 
on race, color, or national origin.
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    (4) Describe how the project will provide feedback, resources, and 
next steps to applicants who may not be accepted into the program due 
to insufficient skills, knowledge base, and competence;
    (5) Describe the approach that will be used to enable more working 
interpreters to participate in and successfully complete the training 
program, specifically participants who need to work while in the 
program, have child care or elder care considerations, or live in 
geographically isolated areas;
    (6) Describe how the project will incorporate adult learning 
principles and practices that demonstrate a rationale or are supported 
by promising evidence for adult learners;
    (7) Demonstrate how the project is of sufficient scope, intensity, 
and duration to adequately prepare working interpreters in the 
identified specialty area of training. To address this requirement, the 
applicant must describe how--
    (i) The components of the proposed project will support working 
interpreters' acquisition and enhancement of the competencies 
identified in paragraph (a)(2)(i) of these application requirements;
    (ii) The components of the project will provide working 
interpreters opportunities to apply their content knowledge in a 
variety of practical settings;
    (iii) The proposed project will establish induction experiences in 
the specialty area for participants as a requirement for completion in 
the training program. Applicants may determine the appropriate scope 
and length of time for the induction;
    (8) Demonstrate how the proposed project will actively engage 
representation from consumers, consumer organizations, and service 
providers, especially State VR agencies and their partners, 
interpreters, interpreter educators, and individuals who are deaf, hard 
of hearing, or DeafBlind in all aspects of the project;
    (9) Describe how the project will conduct dissemination, 
coordination, and communication activities. To meet this requirement, 
the applicant must--
    (i) Disseminate information to working interpreters about training 
available in specialized areas and to State VR agencies and their 
partners, American Job Centers, and other workforce partners about how 
to locate specialized interpreters in their State and local areas;
    (ii) Establish a state-of-the-art website or modify an existing 
website for communicating with participants and stakeholders and ensure 
that all material developed by the grant and posted on the website are 
accessible to individuals with disabilities in accordance with section 
504 of the Rehabilitation Act of 1973 and title II of the Americans 
with Disabilities Act, as applicable. The website must provide a 
central location for all material related to the project, such as 
reports, training curricula, audiovisual materials, webinars, 
communities of practice, and other relevant material developed by the 
grant;
    (iii) Disseminate information about the project, including, but not 
limited to, products such as training curricula, presentations, 
reports, effective practices for training working interpreters in 
specialized areas, and other relevant information through the NCRTM;
    (iv) In the final year of the budget period, ensure that all 
training materials have been provided to the NCRTM and the website and 
IT platform can be sustained, or coordinate with RSA to transition the 
website to the NCRTM;
    (v) Establish one or more communities of practice in the specialty 
area of training that focuses on project activities in this priority 
and acts as a vehicle for communication and exchange of information 
among participants in the program and other relevant stakeholders;
    (vi) Communicate, collaborate, and coordinate with other relevant 
Department-funded projects, as applicable;
    (vii) Maintain ongoing communication with the RSA project officer 
and other RSA staff as required; and
    (viii) Communicate, collaborate, and coordinate, as appropriate, 
with key staff in State VR agencies, such as the State Coordinators for 
the Deaf; State and local partner programs; consumer organizations and 
associations, including those that represent individuals who are deaf, 
hard of hearing, or DeafBlind; and relevant RSA

[[Page 12141]]

partner organizations and associations; and
    (ix) Disseminate to baccalaureate or graduate degree ASL-English 
programs, as well as to relevant Department-funded programs and Federal 
partners, as applicable, the training material and products for 
incorporation into existing curricula, as well as products, effective 
practices for training working interpreters in specialized areas, 
challenges and solutions, results achieved, and lessons learned. To 
satisfy this requirement, the grantee must develop participant guides, 
implementation materials, toolkits, manuals, and other relevant 
material for interpreter educators and others, as appropriate, to 
incorporate or build into existing programs.
    (d) In the narrative section of the application under ``Quality of 
the Evaluation Plan,'' include an evaluation plan. To meet this 
requirement, the evaluation plan must describe--
    (1) Standards and targets for measuring the effectiveness of the 
program;
    (2) An approach for measuring knowledge, skills, and competencies 
before and after successful completion of training;
    (3) An approach for gathering information from participants about 
their knowledge of VR, estimated percentage of workload interpreting 
for VR consumers before specialty training, and estimated percentage of 
workload interpreting for VR consumers who are deaf, hard of hearing, 
and DeafBlind after specialty training;
    (4) An approach for incorporating oral and written feedback from 
trainers and deaf consumers, and any feedback from coaching or 
mentoring sessions conducted with the participants;
    (5) Methodologies, including instruments, data collection methods, 
and analyses that will be used to evaluate the project and how the 
methods of evaluation will produce quantitative and qualitative data to 
demonstrate whether the project activities achieved their intended 
outcomes;
    (6) Measures of progress in implementation, including the extent to 
which the project activities and products have reached their intended 
recipients, measures of intended outcomes or results in order to 
evaluate those activities, and how well the goals and objectives of the 
proposed project, as described in the logic model (as defined in 34 CFR 
77.1), have been met; and how well the goals and objectives of the 
proposed project, as described in its logic model have been met;
    (7) How the evaluation will be coordinated, implemented, and 
revised, as needed, during the project. The applicant must designate at 
least one individual with sufficient dedicated time, demonstrated 
experience in evaluation, and knowledge of the project to coordinate 
and conduct the evaluation. This may include, but is not limited to, 
making revisions post award in order to reflect any changes or 
clarifications, as needed, to the model and to the evaluation design 
and instrumentation with the logic model (e.g., designing instruments 
and developing quantitative or qualitative data collections that permit 
collecting of progress data and assessing project outcomes);
    (8) How evaluation results will be used to examine the 
effectiveness of the training. To address this requirement, applicants 
must provide an approach for determining--
    (i) What practice(s) was most effective in training working 
interpreters in the respective specialty area; and
    (ii) What practice(s) was most effective in narrowing working 
interpreters' skill gaps and what data demonstrates the practice(s) was 
effective.
    (e) Demonstrate, in the narrative section of the application under 
``Adequacy of Project Resources,'' how--
    (1) The proposed project will encourage applications for employment 
with the project from persons who are members of groups that have 
historically been underrepresented based on race, color, national 
origin, gender, age, or disability;
    (2) Describe any proposed consultants or contractors named in the 
application, their areas of expertise, and provide a rationale to 
demonstrate the need;
    (3) Describe costs associated with technology, including, but not 
limited to, maintaining an online learning platform, state-of-the-art 
archiving and dissemination platform, and communication tools (i.e., 
Microsoft Teams, Zoom, Google, Amazon Chime, Skype, etc.) ensuring all 
products and services are accessible to individuals with disabilities 
in accordance with section 504 of the Rehabilitation Act of 1973 and 
title II of the Americans with Disabilities Act, as applicable, 
including costs associated with captioning and transcription services, 
and cybersecurity; and
    (4) The applicant and any identified partners have adequate 
resources to carry out the proposed activities.
    (f) Demonstrate, in the narrative section of the application under 
``Quality of the Management Plan,'' how the applicant will ensure 
that--
    (1) The project's intended outcomes, including the evaluation, will 
be achieved on time and within budget, through--
    (i) Clearly defined responsibilities of key project personnel, 
consultants, and contractors, as applicable;
    (ii) Procedures to track and ensure completion of the action steps, 
timelines, and milestones established for key project activities, 
requirements, and deliverables;
    (iii) Internal monitoring processes to ensure that the project is 
being implemented in accordance with the established application and 
project plan; and
    (iv) Internal financial management controls to ensure accurate and 
timely obligations, drawdowns, and reporting of grant funds, as well as 
monitoring contracts, in accordance with the Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
Awards at 2 CFR part 200 and the terms and conditions of the Federal 
award.
    (2) The allocation of key project personnel, consultants, and 
contractors, as applicable, including levels of effort of key personnel 
that are appropriate and adequate to achieve the project's intended 
outcomes, including an assurance that key personnel will have enough 
availability to ensure timely communications with stakeholders and RSA;
    (3) The products and services are of high quality, relevance, and 
usefulness, in both content and delivery;
    (4) The proposed project will benefit from a diversity of 
perspectives; and
    (5) Projects will be operated in a manner consistent with 
nondiscrimination requirements contained in the U.S. Constitution and 
the Federal civil rights laws;
    (g) Address the following application requirements. The applicant 
must--
    (1) Include, in Appendix A, a logic model that depicts, at a 
minimum, the goals, activities, outputs, and short and long-term 
outcomes of the proposed project, and
    (2) Include, in Appendix A, person-loading charts and timelines, as 
applicable, to illustrate the management plan described in the 
narrative.

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:

[[Page 12142]]

    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 Priority and Requirements

    We will announce the final priority and requirements in a document 
in the Federal Register. We will determine the final priority and 
requirements after considering responses to the proposed priority and 
requirements, 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 proposed priority and requirements, we 
invite applications through a notice in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

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

Clarity of the Regulations

    Executive Order 12866 and the Presidential memorandum ``Plain 
Language in Government Writing'' require each agency to write 
regulations that are easy to understand.
    The Secretary invites comments on how to make the proposed priority 
and requirements easier to understand, including answers to questions 
such as the following:
     Are the requirements in the proposed regulations clearly 
stated?
     Do the proposed regulations contain technical terms or 
other wording that interferes with their clarity?
     Does the format of the proposed regulations (grouping and 
order of sections, use of headings, paragraphing, etc.) aid or reduce 
their clarity?
     Would the proposed regulations be easier to understand if 
we divided them into more (but shorter) sections?
     Could the description of the proposed regulations in the 
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in 
making the proposed regulations easier to understand? If so, how?
     What else could we do to make the proposed regulations 
easier to understand?
    To send any comments that concern how the Department could make 
these proposed regulations easier to understand, see the instructions 
in the ADDRESSES section.
    Regulatory Flexibility Act Certification: The Secretary certifies 
that this proposed regulatory action would not have a significant 
economic impact on a substantial number of small entities. The U.S. 
Small Business

[[Page 12143]]

Administration Size Standards define ``small entities'' as for-profit 
or nonprofit institutions with total annual revenue below $7,000,000 
or, if they are institutions controlled by small governmental 
jurisdictions (that are comprised of cities, counties, towns, 
townships, villages, school districts, or special districts), with a 
population of less than 50,000.
    The small entities that this proposed regulatory action would 
affect are public or private nonprofit agencies and organizations, 
including Indian Tribes and IHEs that may apply. We believe that the 
costs imposed on an applicant by the proposed priority and requirements 
would be limited to paperwork burden related to preparing an 
application and that the benefits of the proposed priority and 
requirements would outweigh any costs incurred by the applicant. There 
are very few entities that could provide the type of technical 
assistance required under the proposed priority and requirements. For 
these reasons, the proposed priority and requirements would not have a 
significant impact on a substantial number of small entities.
    Paperwork Reduction Act of 1995: The proposed priority and 
requirements contain information collection requirements that are 
approved by OMB under OMB control number 1820-0018. The proposed 
priority and requirements do not affect the currently approved data 
collection.
    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: On request to the contact person listed under 
FOR FURTHER INFORMATION CONTACT, individuals with disabilities can 
obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    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.

David Cantrell,
Deputy Director, Office of Special Education Programs. Delegated the 
Authority To Perform the Functions and Duties of the Assistant 
Secretary for the Office of Special Education and Rehabilitative 
Services.
[FR Doc. 2021-04369 Filed 2-26-21; 4:15 pm]
BILLING CODE 4000-01-P