[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Proposed Rules]
[Pages 8242-8249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02601]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2023-OSERS-0020]


Proposed Priority and Definition--Activities for Underserved 
Populations

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

ACTION: Proposed priority and definition.

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SUMMARY: The U.S. Department of Education (Department) proposes a 
priority and definition under the Rehabilitation Act of 1973, as 
amended (Rehabilitation Act), for Activities for Underserved 
Populations, Assistance Listing Number (ALN) 84.315C. The purpose of 
this priority is to make awards to minority entities and Indian Tribes 
to conduct research, training and technical assistance, and related 
activities to improve services under the Rehabilitation Act, especially 
services provided to underserved populations. For this priority, as 
discussed further in SUPPLEMENTARY INFORMATION, we propose to define 
``underserved populations'' to mean ``Black, Latino, and Indigenous and 
Native American persons, Asian Americans and Pacific Islanders, and 
other persons of color.'' The Department may use the proposed priority 
and definition for competitions in fiscal year (FY) 2023 and later 
years.

DATES: We must receive your comments on or before March 10, 2023.

ADDRESSES: Comments must be submitted via the Federal eRulemaking 
Portal at www.regulations.gov. However, if you require an accommodation 
or cannot otherwise submit your comments via regulations.gov, please 
contact the program contact person listed under FOR FURTHER INFORMATION 
CONTACT. The Department will not accept comments by fax or by email, or 
comments submitted after the comment period closes. To ensure that the 
Department does not receive duplicate copies, please submit your 
comments only once. Additionally, 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 finding a rule on the site and submitting 
comments, is available on the site under ``FAQ.''
    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 include in their 
comments only information about themselves that they wish to make 
publicly available. Commenters should not include in their comments any 
information that identifies other individuals or that permits readers 
to identify other individuals.

FOR FURTHER INFORMATION CONTACT: Kristen Rhinehart-Fernandez, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 5076, Potomac 
Center Plaza, Washington, DC 20202-5076. Telephone: (202) 245-6103. 
Email: [email protected].
    If you are Deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment: We invite you to submit comments regarding 
the proposed priority and definition. To ensure that your comments have 
maximum effect in developing the final priority and definition, we urge 
you to clearly identify the parts of the proposed priority or 
definition that each comment addresses. In addition to your general 
comments and recommended clarifications, we are particularly interested 
in comments about whether the proposed priority or any of the

[[Page 8243]]

proposed requirements included in the priority would be challenging to 
meet, especially for new applicants, and, if so, how the proposed 
priority and its requirements could be revised to address potential 
challenges. In addition, responses to the directed question below will 
assist the Department in developing a priority based on critical 
feedback from the field.
    Directed Questions:
    The proposed priority would require applicants to provide training 
and technical assistance to a minimum of 15 State Vocational 
Rehabilitation (VR) agencies (Combined, General, or Agencies for the 
Blind) over a five-year period. The Department identified a minimum 
number of State VR agencies based on factors such as cost, level of 
effort, scope of the project, duration of the training and technical 
assistance, and the unique challenges and demographics of State VR 
agencies. Considering these factors, are there any challenges to 
providing training and technical assistance to a minimum of 15 State VR 
agencies over a five-year period? Is it reasonable to provide training 
and technical assistance to more than 15 State VR agencies and if not, 
what would be an achievable minimum target over a five-year period? 
Please provide justification to support your responses, if possible.
    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. 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. The 
Department also welcomes comments on any alternative approaches to the 
subjects addressed by the proposed regulations.
    During and after the comment period, you may inspect all public 
comments about the proposed priority and definition by accessing 
Regulations.gov. You may also inspect the comments in person. Please 
contact the person listed under FOR FURTHER INFORMATION CONTACT to make 
arrangements to inspect the comments in person.
    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 definition. 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 this activity for underserved 
populations is to make awards to minority entities and Indian Tribes to 
conduct research, training, technical assistance, or a related activity 
to improve the quality, access, delivery of services, and competitive 
integrated employment outcomes under the Rehabilitation Act, especially 
for individuals with disabilities from underserved populations. As 
defined in the Rehabilitation Act, ``minority entity'' means a 
historically Black college or university, a Hispanic-serving 
institution of higher education, an American Indian Tribal college or 
university, or another institution of higher education whose minority 
student enrollment is at least 50 percent. The definition of ``Indian 
Tribe'' in section 7(19)(B) of the Rehabilitation Act is ``any Federal 
or State Indian tribe, band, rancheria, pueblo, colony, or community, 
including any Alaskan native village or regional village corporation 
(as defined in or established pursuant to the Alaska Native Claims 
Settlement Act) and a tribal organization (as defined in section 4(1) 
of the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450b(1)).''
    Program Authority: 29 U.S.C. 718(b)(2)(B).
    Proposed Priority and Definition:
    Background:
    The purpose of this proposed priority, together with the proposed 
definition, is to improve the delivery of Vocational Rehabilitation 
(VR) services to, and employment outcomes of, individuals with 
disabilities from underserved populations. The proposed priority would 
support training and technical assistance for a minimum of 15 State VR 
agencies (Combined, General, or Agencies for the Blind) over a five-
year period so that the agencies are equipped to serve as role models 
for diversity, equity, inclusion, and accessibility in the workforce 
system by implementing policies, practices, and service delivery 
approaches designed to contribute to increasing competitive integrated 
employment outcomes for individuals with disabilities from underserved 
populations. Further, the proposed priority would require contributions 
to VR research and pedagogical practices that promote access to 
approaches that are racially, ethnically, culturally, and 
linguistically inclusive.
    The proposed priority also incorporates findings, strategies, and 
recommendations from the Vocational Rehabilitation Technical Assistance 
Center for Targeted Communities \1\ (herein referred to as Targeted 
Communities), funded by the Department from FY 2016 through FY 2021. In 
the Final Report, Targeted Communities found that inequities and 
challenges experienced by underserved populations must be better 
understood by personnel working in State VR programs. Specifically, one 
of the findings suggested that increased understanding of the lived 
experience, daily stressors, and subsequent trauma faced by many, 
including individuals with disabilities from underserved populations, 
can help to modernize the VR program, build trust between individuals 
with disabilities from underserved populations and VR program 
personnel, and improve service delivery.
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    \1\ Final Report from the Vocational Rehabilitation Technical 
Assistance Center for Targeted Communities (Project E3) (PR/Award 
#H264F150003): https://ncrtm.ed.gov/library/detail/vocational-rehabilitation-technical-assistance-center-targeted-communities-project and project website: https://projecte3.com/
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    In support of the need for activities for individuals with 
disabilities from underserved populations, Congress found that 
``patterns of inequitable treatment of minorities have been documented 
in all major junctures of the vocational rehabilitation process. As 
compared to white Americans, a larger percentage of African-American 
applicants to the vocational rehabilitation system is denied 
acceptance. Of applicants accepted for service, a larger percentage of 
African-American cases is closed without being rehabilitated. 
Minorities are provided less training than their white counterparts. 
Consistently, less money is spent on minorities than on their white 
counterparts'' (Section 21(a)(3) of the Rehabilitation Act of 1973, as 
amended).
    Data from the Rehabilitation Services Administration (RSA) 911 \2\ 
and the Bureau of Labor Statistics also support the need for activities 
that serve individuals with disabilities from underserved populations. 
The following data points demonstrate inequities in employment and 
competitive integrated employment outcomes based on race.

[[Page 8244]]

According to RSA-911 data, in Program Year (PY) 2021, 23.4 percent 
(188,807 of 808,384) of VR participants identified their race as Black/
African American and 71.9 percent (581,069 of 808,384) identified their 
race as white. In the same year, the VR employment rate for Black 
Americans was 38.9 percent (24,944 of 64,081) while the VR employment 
rate for white Americans was 46.6 percent (91,070 of 195,528). Further, 
according to the Bureau of Labor Statistics (2021), the overall 
unemployment rate among persons with a disability was 15 percent for 
Black Americans and 9.3 percent for white Americans. The proposed 
priority addresses areas within VR that can be strengthened to improve 
opportunities for individuals with disabilities from underserved 
populations. Under the proposed priority, training and technical 
assistance would be provided to State VR agencies in areas that include 
identifying and addressing inequalities in service delivery, securing a 
diverse and well-prepared VR workforce, supporting cross-agency and 
cross-community partnerships at the State and local levels, and 
providing tools designed to ensure that VR program participants from 
underserved populations receive equitable access to resources and 
referrals needed to meet their full potential. These areas are aligned 
with the Secretary's Supplemental Priorities and Definitions for 
Discretionary Grant Programs, published in the Federal Register on 
December 10, 2021 (86 FR 70612) and Executive Order 13985 for Advancing 
Racial Equity and Support for Underserved Communities Through Federal 
Government, published in the Federal Register on January 25, 2021.
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    \2\ The RSA-911 collects a variety of data about participant 
characteristics (sex, age, race, disability, health insurance, 
education level, etc.), barriers to employment (ex-offender, 
homeless, single parent, etc.), services provided (career, training, 
and other services), duration of VR case, employment status at the 
time of exit from the program, and employment status post-exit.
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    To address any inequities in the VR system and better enable 
individuals with disabilities from underserved populations to access 
the VR resources needed to secure competitive integrated employment and 
reach future goals, under the priority, a grantee would be required to 
work with a minimum of 15 State VR agencies to examine and analyze data 
between VR program participants from underserved populations and VR 
program participants who are not from underserved populations from 
eligibility determination to exit. The information gathered would 
inform training and technical assistance activities designed for each 
identified State agency. In developing training and technical 
assistance activities, applicants are encouraged to consider relevant 
strategies identified in the Targeted Communities project. For example, 
several Targeted Communities sites identified Community-Based 
Participatory Research (CBPR) as a strategy to gain an understanding of 
a community's unique issues and concerns. The methodology behind CBPR 
is predicated on deep and extensive community involvement in 
identifying and resolving issues and concerns. State VR agencies may 
benefit from training and technical assistance activities that use data 
and information gathered about employment outcomes for underserved 
populations to inform outreach, build trust in the communities they are 
serving, and increase competitaive integrated employment opportunities.
    VR professionals play a critical role in ensuring equity in the 
workforce system as well as VR participant success. A diverse VR 
workforce benefits all individuals with disabilities, and counselor 
diversity in particular can improve competitive integrated employment 
outcomes for underserved populations. Within the comparative field of 
mental health, research indicates a significant correlation between 
race concordance and quality of care for underserved populations. Race 
concordance occurs when patients and providers have a shared racial or 
ethnic identity (Coates et al., 2022). In a 2021 study conducted by 
Georgetown University researchers, 47 parents of Black patients with 
mental health disabilities were surveyed to determine preferences 
regarding race concordance. According to the study, 83 percent of all 
survey participants preferred race concordance and believed it was 
important for providers to be of the same race or ethnicity as their 
patients. The study found that participants with a race concordance 
preference felt enhanced comfort and safety, relatability, and cultural 
understanding when patients and providers shared the same race or 
ethnicity. Participants also attributed race concordance to enhanced 
feelings of trustworthiness and mutual respect, which led to progress 
in mental health treatment. This study indicates that the commonality 
of race or ethnicity between provider and patient of underserved 
populations improves quality of care. VR consumers from underserved 
populations would benefit from a diverse pool of VR counselors. Through 
the proposed priority, we seek to strengthen the diversity of the VR 
workforce to enhance the delivery of VR services for individuals with 
disabilities from underserved populations.
    State VR agencies are an essential resource, providing and 
connecting individuals with disabilities with resources and referrals 
they need to meet their full potential. It is vital that individuals 
with disabilities from underserved populations have equitable access to 
education, job training, and other community resources to achieve 
competitive integrated employment outcomes. These needs are best met 
through cross-agency coordination and partnerships between State VR 
agencies, community rehabilitation providers, educational institutions, 
and other service-oriented organizations in the community. The proposed 
priority would require grantees to establish or build on existing 
cross--agency partnerships, community and faith-based partnerships, and 
partnerships with local nonprofit organizations and business and 
philanthropic organizations to communicate the use and benefits of VR 
services and support pathways to education and employment. We believe 
such effective partnerships can strengthen community vitality and 
support long-term change. In the Targeted Communities project, six 
sites identified a community outreach and orientation strategy to 
increase referrals for VR services from community-based organizations 
and applications from individuals with disabilities. Strengthened 
community partnerships led to formalized agreements between partner 
agencies and, as a result, led to formalized agreements between VR and 
partner sites.
    For these reasons, the Department proposes a priority that would 
expand promising and effective practices for serving individuals with 
disabilities from underserved populations and provide training and 
technical assistance that may be replicated and sustained across State 
VR agencies and incorporated into rehabilitation counseling programs. 
By creating a culture of shared responsibility, accountability, and 
inclusivity within State VR agencies, the proposed priority is designed 
to strengthen the delivery of services to individuals with disabilities 
from underserved populations and increase competitive integrated 
employment outcomes.
    To ensure a common understanding of the proposed priority, we 
propose to define ``underserved populations'' to mean Black, Latino, 
and Indigenous (including Alaska Natives and Native Hawaiians) and 
Native American persons, Asian Americans and Pacific Islanders, and 
other persons of color. This definition focuses on the racial and 
ethnic characteristics of underserved populations because the program 
authority under which the funding is appropriated is based on 
Congressional findings regarding the inequitable

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treatment of individuals from minorities backgrounds in the VR process 
and instructs the Secretary to concentrate on improving the outcome of 
services provided under the Act to individuals from minority 
backgrounds. 29 U.S.C. 718 (Section 21 ``Traditionally underserved 
populations''). The language used in the definition is aligned with the 
Secretary's Supplemental Priorities published in the Federal Register 
on December 10, 2021 (86 FR 70612) and Executive Order 13985, 
``Advancing Racial Equity and Support for Underserved Communities 
Through the Federal Government,'' published in the Federal Register on 
January 25, 2021 (86 FR 7009).
    We propose this definition to clarify that the purpose and intent 
of this activity under 29 U.S.C. 718(b)(2)(B) is to make awards ``to 
minority entities and Indian Tribes to conduct research, training and 
technical assistance, and related activities to improve services under 
the Rehabilitation Act, especially services provided to individuals 
from minority backgrounds.''
    Nothing in the proposed priority or definition would alter an 
applicant's or grantee's obligations to comply with nondiscrimination 
requirements in Federal civil rights laws.

References

Coates, E., Moore, C., Watson, A., de Heer, R., McLeod, A., & 
Prudhomme, A. (2022). ``It's Important to Work with People that Look 
Like Me'': Black Patients' Preferences for Patient-Provider Race 
Concordance. Journal of racial and ethnic health disparities, 1-13. 
Advance online publication. https://doi.org/10.1007/s40615-022-01435-y
Persons with a Disability: Labor Force Characteristics (2021). 
Economic News Release. U.S. Bureau of Labor Statistics. https://www.bls.gov/cps/tables.htm
Rehabilitation Act of 1973, as amended, Section 21(a)(3).
U.S. Bureau of Labor Statistics Current Population Survey (2019). 
https://www.bls.gov/cps/tables.htm
Targeted Communities. Final Report from the Vocational 
Rehabilitation Technical Assistance Center for Targeted Communities 
(Project E3) (PR/Award # H264F150003) https://ncrtm.ed.gov/library/detail/vocational-rehabilitation-technical-assistance-center-targeted-communities-project and project website: https://projecte3.com/.

    Proposed Priority:
    Improving the Delivery of Vocational Rehabilitation Services to, 
and the Employment Outcomes of, Individuals with Disabilities from 
Underserved Populations.
    Under this priority, the Department provides funding for a 
cooperative agreement for a minority entity or an Indian Tribe to 
provide training and technical assistance to a minimum of 15 State VR 
agencies (Combined, General, or Agencies for the Blind) over a five-
year period of performance so that the agencies are equipped to serve 
as role models for diversity, equity, inclusion, and accessibility in 
the workforce system by implementing policies, practices, and service 
delivery approaches that are designed to contribute to increasing 
competitive integrated employment outcomes for individuals with 
disabilities from underserved populations. Further, the grantee must 
contribute to VR research and pedagogical practices that promote access 
to approaches that are racially, ethnically, culturally, and 
linguistically inclusive.
    During the first year of the project the grantee will focus on 
developing training and technical assistance material and gathering 
input and feedback from a diverse group of stakeholders including RSA, 
State VR agencies, and other relevant partners. During the period of 
performance, the grantee must enter into agreements with the State VR 
agencies receiving training and technical assistance. Each agreement 
must: specify the level of involvement from VR agency leadership and 
personnel and include an assurance that the VR agency is committed to 
sustainable systems change across the organization for improving 
delivery of services to underserved populations; explain how data will 
be collected and shared; identify training and technical assistance 
needs, intervention strategies, and implementation timelines; and 
describe how outcomes will be measured. The grantee must have a minimum 
of two agreements in place by the end of the first year of the grant.
    Application Requirements
    To be considered for funding under this priority, applicants must, 
at a minimum, propose a project that will conduct the following 
activities in a culturally appropriate manner. The Department 
encourages innovative approaches to meet this requirement. To meet this 
requirement, applicants must--
    (a) Demonstrate, in the narrative section of the application under 
``Significance of the Proposed Project,'' an understanding of the 
inequalities and challenges experienced by individuals with 
disabilities from underserved populations determined eligible to 
receive VR services. To meet this requirement, applicants must--
    (1) Present information and relevant data about the disparities 
that exist with respect to VR services and employment outcomes for 
underserved populations; and
    (2) Describe how the project proposes to improve VR services for, 
and competitive integrated employment outcomes of, underserved 
populations.
    (b) Demonstrate, in the narrative section of the application under 
``Quality of Project Design,'' how the project will address 
inequalities and challenges experienced by underserved populations 
determined eligible to receive VR services. To meet this requirement, 
applicants must--
    (1) Demonstrate knowledge and experience working with individuals 
with disabilities from underserved populations;
    (2) Incorporate into the project design current research and 
promising and evidence-based practices (EBPs),\3\ research about adult 
learning principles and implementation science, and relevant findings, 
recommendations, and relevant strategies identified by the Targeted 
Communities project to overcome barriers to competitive integrated 
employment and VR participation for individuals with disabilities from 
underserved populations;
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    \3\ For purposes of these requirements, ``evidence-based 
practices'' (EBPs) means, at a minimum, demonstrating a rationale 
(as defined in 34 CFR 77.1) based on high-quality research findings 
or positive evaluation that such activity, strategy, or intervention 
is likely to improve student outcomes or other relevant outcomes.
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    (3) Detail how the project will collect and examine data, including 
from the RSA-911 and other relevant sources, from a minimum of 15 State 
VR agencies regarding VR applicants, VR-eligible individuals, and VR 
participants by race/ethnicity by:
    (i) Exploring patterns, changes, or shifts in demographics for 
individuals with disabilities from underserved populations;
    (ii) Explore data, by race/ethnicity, from each State VR agency 
regarding VR applicants to identify opportunities for increased 
outreach to and referral of individuals with disabilities from 
underserved populations to VR services;
    (iii) Examining data, by race/ethnicity, from each State VR agency 
regarding selected VR services and competitive integrated employment 
outcomes at exit to identify inconsistencies or gaps in the provision 
of services;
    (iv) Examining data from each State VR agency to identify reasons 
for successful and unsuccessful closures between VR program 
participants from underserved populations and VR program participants 
who are not from underserved populations; and

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    (v) Reviewing each State VR agency's service delivery model from 
eligibility determination to exit; and
    (4) Present approaches for how the information and data described 
above will be used to inform strategies to improve the delivery of 
services to individuals with disabilities from underserved populations 
for each of the identified State VR agencies. For example, applicants 
may consider conducting a needs assessment and asset map for each of 
the identified State VR agencies to identify existing programs and 
services and businesses and philanthropic organizations in the 
community, as well as potential gaps and opportunities for 
collaboration, to support individuals with disabilities from 
underserved populations in successfully obtaining competitive 
integrated employment. Applicants may also consider designing a long-
term data collection tool and provide analytical support and training 
to the identified State VR agencies to identify additional data 
elements not captured in the RSA-911 or other case management systems 
to continually assess the quality of services and outcomes for 
individuals with disabilities from underserved populations and 
individuals with disabilities not from underserved populations.
    (c) Demonstrate, in the narrative section of the application under 
``Quality of Project Services,'' how the project will be designed so 
that policies, practices, and service delivery approaches will 
contribute to increased competitive integrated employment outcomes for 
individuals with disabilities from underserved populations. To meet 
this requirement, applicants must--
    (1) Propose training and technical assistance activities that will 
be offered to the identified State VR agencies. Training and technical 
assistance activities will be further developed during the first year 
of the grant and described in the agreements with the identified State 
VR agencies based on needs and analysis of data. Training and technical 
assistance activities may include, but are not limited to, (i) 
assisting in State VR agency coordination and cross-agency partnerships 
with State and local agencies and community-based organizations, 
workforce programs, educational institutions, and other relevant local 
community agencies and organizations (i.e., agencies and organizations 
that provide services and supports related to behavioral and mental 
health, substance dependence, intellectual developmental disabilities, 
and other areas of need such as housing, food, transportation, and 
healthcare) to strengthen outreach and awareness about VR programs and 
services, build trust between State VR agency counselors and 
individuals with disabilities from underserved populations, and connect 
individuals from underserved populations determined to be VR eligible 
with necessary supports to successfully obtain competitive integrated 
employment; (ii) reviewing policies, practices, and procedures from the 
identified State VR agencies and providing recommendations to help 
ensure they are culturally appropriate and implemented in an 
appropriate manner; (iii) developing strategies to strengthen diversity 
in the VR workforce (e.g., reviewing hiring practices from the 
identified State VR agencies and identifying strategies that expand 
outreach to VR counselors from underserved populations and mentoring 
and coaching activities for new and existing VR counselors and 
paraprofessionals, human resource and professional development 
specialists, and VR management and leadership personnel from 
underserved populations); and (iv) any other activity that improves 
understanding, responsiveness, and delivery of services to, and 
competitive integrated employment outcomes for, underserved 
populations;
    (2) Detail how those activities will incorporate relevant 
strategies and promising and effective practices identified by the 
Targeted Communities Project and other EBPs or related sources, to the 
extent possible;
    (3) Explain how training and technical assistance activities will 
be of high quality and sufficient intensity and duration to achieve the 
intended outcomes of the project;
    (4) Describe how remote learning \4\ opportunities will be 
incorporated into the project. Remote learning opportunities should 
offer experiences that advance engagement and implementation (e.g., 
synchronous and asynchronous professional learning, professional 
learning networks or communities, and coaching), which could also be 
incorporated into Rehabilitation Counseling programs, as well as other 
training and professional development activities designed for the VR 
workforce, as appropriate. The remote learning environment must be 
accessible to individuals with disabilities in accordance with Section 
504 of the Rehabilitation Act of 1973;
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    \4\ ``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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    (5) Describe their knowledge, skills, and experience to support the 
training and technical assistance activities described above;
    (6) Describe how the project will contribute to VR research and 
pedagogical practices that promote access to approaches that are 
racially, ethnically, culturally, and linguistically inclusive. To meet 
this requirement, applicants must describe how they will--
    (i) Disseminate to all State VR agencies, RSA-funded Rehabilitation 
Long-Term Training projects and TA Centers, Department-funded programs, 
and Federal partners, as applicable, training and technical assistance 
material, analysis of data collected, evidence-based and promising 
practices, and lessons learned;
    (ii) Develop products, such as toolkits, guides, manuals, webinars, 
and communities of learning, for instructors, facilitators, State VR 
agency directors, and human resource and professional development 
specialists to facilitate the implementation of training and technical 
assistance material in curriculum and relevant training and development 
activities; and
    (iii) Gather input and feedback from a diverse group of 
stakeholders and subject matter experts, including RSA, State VR 
agencies, and other relevant partners, throughout the project to inform 
the development and delivery of the material described above.
    (d) In the narrative section of the application under ``Quality of 
the project evaluation,'' include an evaluation plan for the project. 
The evaluation plan must describe--
    (1) Clear and measurable outcomes;
    (2) Approaches for measuring the effectiveness of the intervention 
strategies identified in the agreements, including standards and 
targets for measuring knowledge, skills, and abilities of State VR 
agency personnel before and after completion of training activities. To 
address this requirement, applicants must provide an approach for 
determining--
    (i) The most effective practices in improving the delivery of 
services to individuals with disabilities from underserved populations 
and the data that demonstrate the effectiveness of the practices; and
    (ii) The most effective practices in creating a culture of systems 
change within the State VR agency and the data that demonstrate the 
effectiveness of the practices;

[[Page 8247]]

    (3) 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;
    (4) 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 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);
    (5) How evaluation results will be used to improve delivery of 
services to VR program participants from underserved populations from 
eligibility determination to exit. To address this requirement, 
applicants must provide an approach to gather input and feedback that 
includes the experiences of VR program participants from underserved 
populations. Applicants may consider voluntary focus groups, use of a 
unique identifier, or another approach that adheres to consumer 
confidentiality requirements in 34 CFR 361.38; and
    (6) A process for gathering feedback from the identified State VR 
agencies for continuous improvement throughout years two, three, four, 
and five of the project.
    (e) Demonstrate, in the narrative section of the application under 
``Quality of the Management Plan,'' how applicants 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, 
subawards, and contracts, 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 
management plan; and
    (iv) Internal financial management controls to increase efficiency 
and cost-effectiveness, including by reducing waste or achieving better 
outcomes, and how the applicant will ensure accurate and timely 
obligations, drawdowns, and reporting of grant funds, as well as 
monitoring subawards as applicable, 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, subawards, as 
applicable, and levels of effort of key personnel are appropriate and 
adequate to achieve the project's intended outcomes;
    (3) The products and services are of high quality, relevance, and 
usefulness, in both content and delivery and are accessible to 
individuals with disabilities in accordance with Section 504 of the 
Rehabilitation Act of 1973, as applicable;
    (4) The proposed project will benefit from a diversity of 
perspectives; and
    (5) Projects will be awarded and operated in a manner consistent 
with nondiscrimination requirements contained in the Federal civil 
rights laws.
    (f) Include the following:
    (1) In Appendix A, personnel-loading charts and timelines, as 
applicable, to illustrate the management plan described in the 
narrative;
    (2) In Appendix A, a logic model \5\ that depicts, at a minimum, 
the goals, activities, outputs, and outcomes of the proposed project;
---------------------------------------------------------------------------

    \5\ ``Logic model'' (also referred to as a theory of action) 
means a framework that identifies key project components of the 
proposed project (i.e., the active ``ingredients'' that are 
hypothesized to be critical to achieving the relevant outcomes) and 
describes the theoretical and operational relationships among the 
key project components and relevant outcomes. (34 CFR 77.1)
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    (3) An assurance to maintain a high-quality website, with an easy-
to-navigate design that is accessible to individuals with disabilities 
in accordance with Section 504 of the Rehabilitation Act of 1973, as 
applicable; and
    (4) An assurance that training and technical assistance materials 
such as outreach, training curricula, presentations, reports, outcomes, 
and other relevant information will be submitted to RSA's National 
Clearinghouse of Rehabilitation Training Materials (NCRTM) (https://ncrtm.ed.gov/) at least 90 days before the end of the final budget 
period.
    Note: If this proposed priority is used in a notice inviting 
applications, under 34 CFR 75.708(b) and (c) a grantee would be able to 
award subgrants to directly carry out project activities described in 
its application to the following entities: institutions of higher 
education, and public and private nonprofit organizations. There would 
be no cost share or cost match requirements.
    Proposed Definition:
    Underserved populations means Black, Latino, and Indigenous and 
Native American persons, Asian Americans and Pacific Islanders, and 
other persons of color.
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    Final Priority and Definition:
    We will announce the final priority and definition in a document in 
the Federal Register. We will determine the final priority and 
definition after considering responses to this document 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 this proposed priority and definition, 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

[[Page 8248]]

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.
    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.
    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 this proposed priority and definition only on a 
reasoned determination that their benefits would justify the costs. In 
choosing among alternative regulatory approaches, we selected the 
approach that maximizes net benefits. Based on the analysis that 
follows, the Department believes that this regulatory action is 
consistent with the principles in Executive Order 13563.
    The potential costs associated with this priority and definition 
would be minimal, while the potential benefits are significant. The 
Department believes that this regulatory action does not impose 
significant costs on eligible entities. Participation in this program 
is voluntary, and the costs imposed on applicants by this regulatory 
action would be limited to paperwork burden related to preparing an 
application. The potential benefits of implementing the program would 
outweigh the costs incurred by applicants, and the costs of carrying 
out activities associated with the application would be paid for with 
program funds. For these reasons, we have determined that the costs of 
implementation would not be burdensome for eligible applicants, 
including small entities.
    We also have determined that this regulatory action does not unduly 
interfere with State, local, and Tribal governments in the exercise of 
their governmental functions.
    In accordance with 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.
    In addition, we have considered the potential benefits of this 
regulatory action and have noted these benefits in the background 
section of this document.

Paperwork Reduction Act of 1995

    The proposed priority contains information collection requirements 
that are approved by OMB under OMB control number 1820-0028; the 
proposed priority does not affect the currently approved data 
collection.

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 definition 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 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 minority entities and Indian Tribes that may apply. We 
believe that the costs imposed on an applicant by the proposed priority 
and definition would be limited to paperwork burden related to 
preparing an application and that the benefits of the proposed priority 
and definition would outweigh any costs incurred by the applicant. We 
also

[[Page 8249]]

believe that there are very few entities that could provide the type of 
technical assistance required under the proposed priority and 
definition. For these reasons, the proposed priority and definition 
would not impose a burden on a significant number of small entities.
    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 program 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.

Katherine Neas,
Deputy Assistant Secretary. Delegated the authority to perform the 
functions and duties of the Assistant Secretary for the Office of 
Special Education and Rehabilitative Services.
[FR Doc. 2023-02601 Filed 2-7-23; 8:45 am]
BILLING CODE 4000-01-P