[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Rules and Regulations]
[Pages 34750-34756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11601]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2023-OSERS-0020]


Final Priority and Definition--Activities for Underserved 
Populations

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

ACTION: Final priority and definition.

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SUMMARY: The U.S. Department of Education (Department) announces a 
priority and definition under the Rehabilitation Act of 1973, as 
amended (Rehabilitation Act), for Activities for Underserved 
Populations program, Assistance Listing Number (ALN) 84.315C. We take 
this action to improve the delivery of vocational rehabilitation 
services to, and the employment outcomes of, individuals with 
disabilities from underserved populations. For this priority, we 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 this priority and 
definition for competitions in fiscal year (FY) 2023 and later years.

DATES: Effective June 30, 2023.

FOR FURTHER INFORMATION CONTACT: Kristen Rhinehart-Fernandez, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 5076, Potomac 
Center Plaza, Washington, DC 20202-5134. 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: 
    Purpose of Program: A purpose of the Activities for Underserved 
Populations program 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 section 21(b)(5) of 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(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(l)).''
    Program Authority: 29 U.S.C. 718(b)(2)(B).
    We published a notice of proposed priority and definition (NPP) for 
this program in the Federal Register on February 8, 2023 (88 FR 8242). 
That document contained background information and our reasons for 
proposing the priority and definition.
    There are no differences between the NPP and this notice of final 
priority and definition (NFP), as discussed in the Analysis of Comments 
and Changes section of this document.
    Public Comment: In response to our invitation in the NPP, eight 
parties submitted comments on the proposed priority and definition. 
Generally, we do not address technical and other minor changes or 
suggested changes the law does not authorize us to make under the 
applicable statutory authority. In addition, we do not address general 
comments that raised concerns not directly related to the proposed 
priority and definition.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priority since publication of the NPP follows.
    Comment: One commenter commended the Department for including 
Indian Tribes in the definition of ``underserved populations'' and 
shared that it demonstrates a tangible effort to expand opportunities 
for Indian Tribes and is a step forward in repairing and building trust 
with the Tribes. Another commenter agreed that the priority would 
strengthen the delivery of services to individuals with disabilities 
from underserved populations.
    Discussion: The Department appreciates support for this priority.
    Changes: None.
    Comment: One commenter expressed opposition to the proposed 
priority, stating that by exclusively focusing on or prioritizing 
awards to minority entities and Indian Tribes as described in 29 U.S.C. 
718(b)(2)(B), the priority limits the entities described in 29 U.S.C. 
718(b)(2)(C), which permits awards to a State or public or private 
nonprofit agency or organization to provide outreach and technical 
assistance to minority entities and Indian Tribes in order to increase 
their participation in activities carried out under the Rehabilitation 
Act and enhance their capacity to do so. The commenter asserted that 
awards should be granted based on the best possible outcome, not the 
race or ethnicity of the applicant.
    Discussion: The proposed priority and definition are directly 
aligned with the program statute. Section 21 of the Rehabilitation Act 
(29 U.S.C. 718(b)(2)(A-C)) establishes three allowable activities for 
this program and the entities eligible to receive awards for each of 
the allowable activities. The Department has provided funding 
opportunities under each of the allowable activities at different times 
since this program was authorized, including section 718(b)(2)(C). For 
this funding opportunity, as described in the NPP, the Department 
determined that there was a need for the activities authorized by 
section 718(b)(2)(B). The Department further determined that this

[[Page 34751]]

priority and definition align with such activities, as well as 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 20, 2021 (86 FR 7009).
    Changes: None.
    Comment: One commenter recommended that the priority include 
targeted research and interventions in educational settings for Black, 
Latino, and Indigenous and Native American persons, Asian Americans and 
Pacific Islanders, and other persons of color who identify as LGBTQ+. 
The commenter noted that LGBTQ+ youth of color experience higher rates 
of homelessness and poverty and should be included in the priority.
    Discussion: We appreciate the recommendation for including targeted 
research and interventions in educational settings in the priority for 
Black, Latino, and Indigenous and Native American persons, Asian 
Americans and Pacific Islanders, and other persons of color who 
identify as LGBTQ+. However, the purpose of the priority is to improve 
the delivery of State vocational rehabilitation (VR) services to 
individuals with disabilities from underserved populations with the 
goal of improving competitive integrated employment outcomes. The 
Department anticipates that the training and technical assistance 
provided to State VR agencies through this priority will ultimately 
benefit Black, Latino, and Indigenous and Native American persons, 
Asian Americans and Pacific Islanders, and other persons of color, who 
are individuals with disabilities, including those who identify as 
LGBTQ+.
    Changes: None.
    Comment: One commenter stated that the priority should provide an 
avenue for minority-serving institutions to train pre-service students 
and build the capacity of future VR counselors to effectively serve 
underserved populations. The commenter also suggested that additional 
strategies are needed to build a critical mass of skilled researchers 
at minority-serving institutions to study long-term inequities in 
employment experienced by individuals with disabilities from 
underserved populations. The commenter also inquired if applicants 
could propose activities to build a pipeline at minority-serving 
institutions to train and mentor students as future research leaders 
who could generate novel knowledge that informs service intervention 
and policy innovation for reducing employment disparities among 
individuals with disabilities from underserved populations.
    Discussion: The Department believes that pre-service training is 
essential to improving VR services to, and competitive integrated 
employment outcomes of, individuals with disabilities from underserved 
populations. As stated in the priority, applicants are required to 
disseminate training and technical assistance material, analysis of 
data collected, evidence-based and promising practices, and lessons 
learned to RSA-funded Rehabilitation Long-Term Training projects 
designed to provide pre-service training, as well as RSA-funded 
technical assistance centers, Department-funded programs, and Federal 
partners, as applicable. In addition, applicants must 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.
    The Department also agrees that research focused on inequities in 
employment for individuals with disabilities from underserved 
populations, and encouraging students at minority entities to engage in 
such research, could help the VR system better enable individuals with 
disabilities from underserved populations to access VR resources, 
secure competitive integrated employment, and reach future goals. To 
that end, the priority requires the grantee to contribute to VR 
research and pedagogical practices that promote access to approaches 
that are racially, ethnically, culturally, and linguistically 
inclusive. Further, as described in paragraph (c)(iv) of the 
Application Requirements, under ``Quality of Project Services,'' 
applicants may include any other training and technical assistance 
activity that improves understanding, responsiveness, and delivery of 
services to, and competitive integrated employment outcomes for, 
underserved populations. For example, applicants may propose an 
activity at a minority entity to train and mentor students who could 
generate new knowledge that informs service intervention and policy 
innovation for reducing employment disparities among individuals with 
disabilities from underserved populations. However, activities included 
under paragraph (c)(iv) should not be the entire focus of the project, 
since the applicant must propose a project that, at a minimum, provides 
direct training and technical assistance to VR agencies by conducting 
all of the activities described under Application Requirements, 
paragraphs (a) through (f) in a culturally appropriate manner.
    Changes: None.
    Comment: One commenter recommended that the Department also target 
vulnerable populations such as English learners and individuals living 
in rural or remote communities under this priority. The commenter added 
that underserved and vulnerable populations often experience 
disproportionate outcomes.
    Discussion: The Department agrees with the commenter that English 
learners and individuals living in rural or remote communities have 
experienced inequities that have limited or prevented their ability to 
achieve competitive integrated employment; however, the program 
authority under which the funding is appropriated is based on 
congressional findings regarding the inequitable treatment of 
individuals from minority backgrounds in the VR process, and the 
statute instructs the Secretary to concentrate on improving the outcome 
of services provided under the Rehabilitation Act to individuals from 
minority backgrounds. 29 U.S.C. 718 (Section 21, ``Traditionally 
Underserved Populations''). Therefore, in order to comply with 
statutory requirements, this priority focuses its definition of 
``underserved populations'' on individuals from minority backgrounds: 
``Black, Latino, and Indigenous and Native American persons, Asian 
Americans and Pacific Islanders, and other persons of color.'' While 
such underserved populations will likely include some English learners 
and individuals from rural or remote areas, they are not specifically 
included in the target population due to the statutory focus on 
individuals from minority backgrounds in this particular funding 
opportunity. However, under the priority, the grantee must contribute 
to VR research and pedagogical practices that promote access to 
approaches that are racially, ethnically, culturally, and 
linguistically inclusive.
    Changes: None.
    Comment: One commenter recommended that we clearly define short- 
and long-term goals in the priority. The commenter raised concerns 
about the five-year performance period and proposed that the priority 
set intervals for evaluating

[[Page 34752]]

the effectiveness of the training and technical assistance that the 
grantee is providing to the identified State VR agencies. The commenter 
added that the Delphi method (a term generally used to describe a 
structured, iterative survey or feedback process to elicit and combine 
expert opinion to reach consensus) could help analyze different phases 
of development.
    Discussion: The Department appreciates the commenter's concerns and 
suggestions. The Department notes that, under paragraph (d) of the 
Application Requirements, ``Quality of the Project Evaluation,'' 
applicants must include an evaluation plan for the project that 
includes such periodic review. The plan must describe a process or 
approach that will be used for gathering feedback from the identified 
State VR agencies throughout years two, three, four, and five of the 
project for continuous improvement and to evaluate the effectiveness of 
the training and technical assistance provided to a minimum of 15 State 
VR agencies. Additionally, under paragraph (d)(3), applicants must 
describe 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. Applicants may propose the Delphi method or other appropriate 
methods to meet this requirement.
    Changes: None.
    Comment: One commenter responded to the Department's directed 
questions about the requirement for applicants to provide technical 
assistance to a minimum of 15 State VR agencies (Combined, General, or 
Agencies for the Blind) over a five-year period. The commenter spoke to 
how the requirement of providing technical assistance to a minimum of 
15 State VR agencies may deter Indian Tribes from applying for this 
funding opportunity. The commenter recommended lowering the requirement 
from a minimum of 15 State VR agencies to five because of limited 
Tribal operating budgets, the rural location of many Tribes, andchanges 
in program staff resulting from Tribal elections. As it applies to 
Tribes located in Montana and the Rocky Mountain and Great Plains 
regions, the commenter explained that the minimum requirement may 
discourage Tribes from the funding opportunity altogether. The 
commenter indicated that Tribes in Montana operate under very limited 
budgets to meet the respective needs of the people they serve, and that 
providing training and technical assistance to a minimum of 15 State VR 
agencies over five years will likely contribute to additional budget 
constraints and concerns. The commenter added that it would also be 
difficult for Tribes in these regions to host or coordinate 15 
trainings as Indian Reservations can be hundreds of miles from the 
neighboring county seat. Additionally, the commenter shared that Tribal 
elections could result in a change in the program applicant or program 
coordinator within the five-year grant period, particularly in Montana, 
where most Tribes hold elections every two years.
    Discussion: We appreciate the commenter's concerns about the 
capability of Indian Tribes located in rural areas to successfully 
provide training and technical assistance to a minimum of 15 State VR 
agencies over a five-year performance period, including concerns about 
limited operating budgets and changes in Tribal government leadership. 
There are currently 78 VR agencies (34 Combined VR agencies, 22 General 
VR agencies, and 22 Blind VR agencies) and 93 Tribal VR programs. In 
addition, the Department funds the American Indian Vocational 
Rehabilitation Training and Technical Assistance Center and Tribal VR 
Institute (AIVRTTAC), which assists Tribal governments to develop or to 
increase their capacity to provide a program of vocational 
rehabilitation services, in a culturally relevant manner, to American 
Indians with disabilities residing on or near Federal or State 
reservations. The program's goal is to enable these individuals, 
consistent with their individual strengths, resources, priorities, 
concerns, abilities, capabilities, and informed choice, to prepare for 
and engage in gainful employment. Program services are provided under 
an individualized plan for employment and may include native healing 
services. The AIVRTTAC ensures that all materials and activities are 
culturally responsive through providing culturally responsive teaching, 
researching needs assessments, including examining and developing 
culturally based promising VR practices, assisting AIVRTTAC 
participants in adapting standard VR practices to the cultural and 
social needs of AIVRS projects, using the AIVRTTAC holistic AIVRS 
project model, and developing opportunities to bridge understanding 
between cultures. 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. We note that 
the grantee may offer training and technical assistance in-person and 
remotely to the identified State VR agencies. The grantee may also 
determine how many State VR agencies to serve each year over a five-
year period to meet the minimum requirement. In addition, applicants 
may subgrant to Indian Tribes to directly carry out project activities 
described in the priority, as stated in the notice inviting 
applications published elsewhere in this issue of the Federal Register.
    In addition to these factors, the Department also recognizes the 
financial constraints of Indian Tribes, especially those located in 
rural areas, may be a potential barrier to applying for this 
competition. Therefore, the Department will expand the range of State 
VR agencies the grantee must serve in the Final Priority from 15 to a 
minimum range of 5 to 15 to ensure all applicants have an opportunity 
to successfully meet the goals of this program. When determining a 
minimum range of State VR agencies to serve, applicants should consider 
the estimated available funds described in the notice inviting 
applications published elsewhere in the Federal Register. Given the 
Department only plans to award one grant, applicants are encouraged to 
identify a meaningful number of State VR agencies to receive training 
and technical assistance from this project in order to increase 
competitive integrated employment outcomes for individuals with 
disabilities from underserved populations.
    Changes: In the Final 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 range of 5 to 15 
State VR agencies (Combined, General, or Agencies for the Blind) over a 
five-year period of performance.
    Comment: One commenter recommended that individuals with 8(a) 
certification (socially and economically disadvantaged small 
businesses) be included as eligible applicants.
    Discussion: We appreciate the comment. However, for-profit 
entities, including small businesses, are not eligible applicants under 
29 U.S.C. 718(b)(2)(B).
    Changes: None.

Final Priority

    Improving the Delivery of Vocational Rehabilitation Services to, 
and the Employment Outcomes of, Individuals with Disabilities from 
Underserved Populations.

[[Page 34753]]

    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 range of 5 to 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 the 
Rehabilitation Services Administration (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 
inequities 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 inequities 
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),\1\ research about adult 
learning principles and implementation science, and relevant findings, 
recommendations, and relevant strategies identified by the Targeted 
Communities project \2\ to overcome barriers to competitive integrated 
employment and VR participation for individuals with disabilities from 
underserved populations;
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    \1\ 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.
    \2\ 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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    (3) Detail how the project will collect and examine data, including 
from the RSA-911 and other relevant sources, from a minimum range of 5 
to 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) Exploring 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
    (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

[[Page 34754]]

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 mental 
health, substance use, behavioral health, 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 with disabilities 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, individuals 
with disabilities from 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 \3\ 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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    \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).
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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 technical assistance 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;
    (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--

[[Page 34755]]

    (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 \4\ that depicts, at a minimum, 
the goals, activities, outputs, and outcomes of the proposed project;
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    \4\ ``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.
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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.

Final 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)).
    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 priority, we invite applications through a 
notice in the Federal Register.

Executive Orders 12866, 13563, and 14094

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, as 
amended by Executive Order 14094, 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 $200 million or more 
(adjusted every 3 years by the Administrator of OIRA for changes in 
gross domestic product); or adversely affect in a material way the 
economy, a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, territorial, or 
Tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise legal or policy issues for which centralized review would 
meaningfully further the President's priorities or the principles 
stated in the Executive order, as specifically authorized in a timely 
manner by the Administrator of OIRA in each case.
    This final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866 
(as amended by Executive Order 14094).
    We have also reviewed this final regulatory action under Executive 
Order 13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation,

[[Page 34756]]

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 final priority and definition only on a 
reasoned determination that their benefits 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.
    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.

Summary of Potential Costs and Benefits

    The Department believes that the costs associated with the final 
priority and definition will 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 will be limited to paperwork burden related to 
preparing an application. The potential benefits of implementing the 
program will outweigh the costs incurred by applicants, and the costs 
of carrying out activities associated with the application will be paid 
for with program funds. For these reasons, we have determined that the 
costs of implementation will not be burdensome for eligible applicants, 
including small entities.

Paperwork Reduction Act of 1995

    The final priority and definition contain information collection 
requirements that are approved by OMB under OMB control number 1820-
0028; the final priority and definition do not affect the currently 
approved data collection.
    Regulatory Flexibility Act Certification: The Secretary certifies 
that this final regulatory action will 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 regulatory action will affect are 
minority entities and Indian Tribes that may apply. We believe that the 
costs imposed on an applicant by the final priority and definition will 
be limited to paperwork burden related to preparing an application and 
that the benefits of the final priority and definition will outweigh 
any costs incurred by the applicant. We also believe that there are 
very few entities that can provide the type of technical assistance 
required under the final priority and definition. For these reasons, 
the final priority and definition will 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.
    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.

Glenna Wright-Gallo,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2023-11601 Filed 5-30-23; 8:45 am]
BILLING CODE 4000-01-P