[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Proposed Rules]
[Pages 5778-5786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01337]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2025-OSERS-0003]
Rehabilitation Training Program--National Vocational
Rehabilitation Technical Assistance Center
AGENCY: Office of Special Education and Rehabilitative Services
(OSERS), Department of Education.
ACTION: Proposed priority, requirements, and definitions.
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SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services proposes a priority, requirements, and
definitions under the Rehabilitation Training program. The Assistant
Secretary may use the priority, requirements, and definitions for
competitions in fiscal year (FY) 2025 and later years. We intend to use
the priority, requirements, and definitions to fund a cooperative
agreement to establish a national vocational rehabilitation technical
assistance center (NVRTAC) to provide training and technical assistance
to personnel of State VR agencies and their partners to upgrade and
increase their competencies, skills, and knowledge in providing quality
services and effective management of the VR program.
DATES: We must receive your comments on or before February 18, 2025.
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 www.regulations.gov,
please contact the program contact person listed under FOR FURTHER
INFORMATION CONTACT. The Department will not accept comments submitted
by fax or by email or those submitted after the comment period. To
ensure that we do not receive duplicate copies, please submit your
comments only once. In addition, please include the Docket ID at the
top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to submit
your comments electronically. Information on using Regulations.gov,
including instructions for accessing agency documents, submitting
comments, and viewing the docket, is available on the site under
``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 be careful to include
in their comments only information they wish to make publicly
available.
FOR FURTHER INFORMATION CONTACT: Roslyn Thomas, U.S. Department of
Education, 400 Maryland Avenue SW, Lyndon Baines Johnson Building, Room
4A10, Washington, DC 20202. Telephone: (202) 987-0105. 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.
A brief summary of the rule is available at www.regulations.gov/docket/ED-2025-OSERS-0003.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
the proposed priority, requirements, and definitions. To ensure that
your comments have maximum effect in developing the notice of final
priority, requirements, and definitions, we urge you to clearly
identify the specific priority, requirement, or definition that each
comment addresses.
Specific Requests for Comment: The Department is particularly
interested in comments regarding the best way for the NVRTAC to
prioritize among VR agencies needing intensive training and technical
assistance. We are also interested in comments regarding whether the
project requirements and related activities under the proposed priority
reflect the greatest needs in the field and can assist the State VR
[[Page 5779]]
agencies to improve their program and financial management and
performance.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866, 13563, and 14094 and their
overall requirement of reducing regulatory burden that might result
from the proposed priority, requirements, and definitions. Please let
us know of any ways we could reduce potential costs or increase
potential benefits while preserving the effective and efficient
administration of the program.
During and after the comment period, you may inspect all public
comments about the proposed priority, requirements, and definitions by
accessing Regulations.gov. To inspect comments in person, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
Assistance to Individuals With Disabilities in Reviewing the
Rulemaking Record: On request we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for the proposed priority, requirements, and
definitions. If you want to schedule an appointment for this type of
accommodation or auxiliary aid, please contact the person listed under
FOR FURTHER INFORMATION CONTACT.
Purpose of Program: The purpose of this program is to provide
competitive grants, including cooperative agreements, to, or enter into
contracts with, eligible entities to expand and improve the provision
of vocational rehabilitation and other services authorized under the
Rehabilitation Act of 1973 (Rehabilitation Act) or to further the
purposes and policies in sections 2(b) and (c) of the Rehabilitation
Act by supporting activities that increase the provision, extent,
availability, scope, and quality of rehabilitation services under the
Act. Under the Rehabilitation Act, the Rehabilitation Services
Administration (RSA) Commissioner is authorized to make grants to, and
enter into contracts with States and public or nonprofit agencies and
organizations (including institutions of higher education (IHEs)) to
support projects that assist state and other agencies in providing
vocational rehabilitation and other services to individuals with
disabilities to maximize their employment, independence, and
integration into the community and the competitive labor market, and
provide training and technical assistance designed to assist in
increasing the numbers of, and upgrading the skills of, qualified
personnel (especially rehabilitation counselors) who are trained in
providing VR services as well as other services authorized under the
Rehabilitation Act.
Assistance Listing No.: 84.264L.
Program Authority: 29 U.S.C. 772(a)(1).
Applicable Program Regulations: 34 CFR part 385.
Proposed Priority:
This document contains one proposed priority. The Department may
use this priority for the FY 2025 Rehabilitation Training program
competition or for any subsequent competitions.
National Vocational Rehabilitation Technical Assistance Center.
Background:
The VR program has evolved over its 100-year history and currently
engages more than one million individuals with disabilities each year,
nearly all of whom have significant or the most significant physical or
mental impairments that seriously limit functional capacities
(mobility, communication, self-care, self-direction, interpersonal
skills, work tolerance, or work skills) in terms of achieving an
employment outcome (Rehabilitation Services Administration, 2020).
These individuals are served through 78 State VR agencies, which
receive State VR Services and State Supported Employment Services
program funding through grants provided by the Rehabilitation Services
Administration.\1\ Both programs have match requirements.\2\
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\1\ The VR program is administered by 78 VR agencies at the
State level, which includes the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, and the U.S. Virgin
Islands. Section 101(a)(2) of the Rehabilitation Act provides States
with flexibility in the organizational structures they choose to
administer and operate the VR program, which includes the ability to
establish separate agencies that serve only individuals who are
blind or visually impaired. Currently, there are 22 VR agencies
serving only individuals who are blind or visually impaired, 22 VR
agencies serving individuals with all other disabilities, and 34 VR
agencies serving individuals with all types of disabilities,
including blindness and visual impairments.
\2\ Matching requirements: (1) Federal share--Except as provided
in paragraph (a)(2) of this section, the Federal share for
expenditures made by the State under the vocational rehabilitation
services portion of the Unified or Combined State Plan, including
expenditures for the provision of vocational rehabilitation services
and the administration of the vocational rehabilitation services
portion of the Unified or Combined State Plan, is 78.7 percent. (2)
Non-federal share: Except as provided in paragraph (b)(2) and (b)(3)
of this section, expenditures made under the vocational
rehabilitation services portion of the Unified or Combined State
Plan to meet the non-federal share under this section must be
consistent with the provisions of 2 CFR 200.306(b). For further
information, please see 34 CFR 361.
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The amendments to the Rehabilitation Act made by WIOA required
State VR agencies to implement new program and fiscal requirements and
provisions, with heightened emphasis on expanding employment and career
advancement opportunities in competitive integrated employment (CIE)
\3\ for individuals with disabilities, including students and youth
with disabilities. For example, the Rehabilitation Act requires: (1)
the provision of pre-employment transition services in Section 113,
requiring a reservation of a minimum of 15 percent of VR program Title
I funds to be expended on students with disabilities; (2) for 50
percent of the State Supported Employment grant under Section 603 to be
expended on youth with a 10 percent non-Federal match per Section
606(b)(7); (3) the addition of Section 511 limiting the use of
subminimum wage, which set requirements for VR agencies to provide
certain services to individuals employed or seeking employment at
subminimum wage; (4) a change in the personnel standards expanding
fields from which VR agencies may recruit rehabilitation professionals;
and (5) a change in the standards and indicators to the WIOA common
performance measures.
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\3\ Under 34 CFR 361.5(c)(9), competitive integrated employment
means work that meets the following criteria concerning (1)
compensation, (2) work location, and (3) career advancement. First,
individuals with disabilities must be paid at least minimum wage,
but at the same rate employees without disabilities, and be eligible
for benefits as provided to employees without disabilities. Second,
the work location is typically found in the community and where the
employee with a disability interacts during the course of their
duties with other employees without disabilities and customers and
vendors without disabilities. Third, employees with disabilities are
provided the same opportunities for career advancement as employees
without disabilities in similar positions, as appropriate.
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Recruitment, retention, and turnover of VR personnel, particularly
VR counselors and financial management staff, has led to increasing
challenges for VR agencies. Staff deficits affect the ability to serve
individuals with disabilities effectively and consistently as well as
the ability to manage the complex program and fiscal requirements of
the VR program. Research investigating barriers and strategies
pertaining to counselor recruitment and retention reveals that the
primary reasons counselors leave State VR programs are low salaries,
excessive paperwork, and insufficient career/promotional opportunities.
Those who leave do so for similar positions in other public agencies
and non-profit agencies or, to a lesser degree, individual practices.
The primary reasons counselors remain with State
[[Page 5780]]
VR agencies are their commitment to the agency's mission and the
inherent rewards of their work, as well as the employee benefits they
receive with the job (Herbert, J.T. et al., 2023).
Through its monitoring activities and review of the VR services
portion of the Unified or Combined State Plans required under WIOA, RSA
has identified performance issues related to program and fiscal staff
capacity deficits and turnover, as well as compliance issues related to
financial management of the VR and Supported Employment programs.
To address these and other performance areas, RSA currently funds
two VR technical assistance centers (VRTAC), the VRTAC for Quality
Management (84.264J) and VRTAC for Quality Employment (84.264K). The
performance period of these two VRTACs will end by September 30, 2025.
In Project year 4, the intensive technical assistance provided to State
VR agencies by the two VRTACs already exceeds the technical assistance
centers' target goals for the entire 5-year project performance period.
Most of the requests are related to fiscal and program performance
monitoring, resulting from RSA's increased emphasis on service
provision and fiscal management leading to increased quality and
quantity of employment outcomes in CIE. Given the many challenges faced
by VR agencies and the challenges associated with an evolving economy
and future workforce needs, the NVRTAC will provide expanded training
and technical assistance needed by State VR agencies, other service
entities, and their personnel on quality management strategies and
practices. This assistance will be designed to lead to program and
financial compliance and continuous improvement, resulting in the
provision of quality vocational rehabilitation services that will
enable individuals with disabilities to maximize their opportunities to
achieve CIE and self-sufficiency, while meeting employers' needs.
The proposed plan to combine two technical assistance centers into
one is in the interest of improved efficiency and reduced redundancy.
The closely related content and focus of two separate centers has
previously led to extensive need for coordination of overlapping
content and redundant overhead costs. A single center is anticipated to
more comprehensively and coherently address the full range of VR agency
needs.
Under the VR program, agencies must comply with several complex
Federal fiscal requirements related to maintenance of effort,
reallotment, reservation of funds for pre-employment transition
services, and match, among others. VR agencies must understand, track,
assess, and adjust, when necessary, program activities to meet these
requirements while maximizing program outcomes.
Additionally, the need for improved knowledge and skill in fiscal
and resource management can negatively affect the ability of VR agency
personnel to meet consumer needs and prevent, where possible, the need
for order of selection limiting the numbers of eligible individuals
served in the VR program.
Some State VR agencies have experienced VR program challenges,
including financial management and service delivery issues. For
example, in FY 2022, State VR agencies returned $88 million in unused
State VR Services program (Title I) funds at grant closeout, and $3.2
million in unused Supported Employment program (Title VI) funds at
grant closeout. In FY 2022, 28 grantees did not provide any matching
funds for their Supported Employment award, and 13 grantees did not
spend any of their FY 2022 Title VI Supported Employment program funds
required to be used for youth with most significant disabilities. This
resulted in an unused balance of Supported Employment program Federal
funds at the end of the award period. Also, States relinquished $2.45
million in Supported Employment funds during the FY 2023 reallotment
period.\4\ Additionally, as of March 2024, 31 of 78 VR agencies were
placed on corrective action plans to address performance deficiencies
related to pre-employment transition services reserve requirements and
timeliness of eligibility and Individualized Plan for Employment (IPE)
development; further detail on this is on the RSA page.\5\
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\4\ These data are from RSA's program data as collected in
Vocational Rehabilitation Financial Report (RSA-17), Supported
Employment Federal Financial Report (SF-425), and Grant Reallotment
(RSA-692).
\5\ https://rsa.ed.gov/about/programs/vocational-rehabilitation-state-grants/section_107_annual_reviews.
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WIOA requires the core workforce development programs, including
the VR program, to report prescribed data related to 11 barriers to
employment.\6\ The data indicate that individuals with disabilities
receiving VR services experience multiple barriers to employment in
addition to disability, and the data show that a high percentage of VR
program participants have low incomes and experience long-term
unemployment.
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\6\ Source: U.S. Department of Labor, Employment and Training
Administration, WIOA Statewide Annual Performance Report (ETA-9169)
PYs 2020 through 2021.
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RSA's goal for technical assistance is to support VR agencies in
maximizing the use of VR and Supported Employment program funds and
fostering continuous improvement in CIE outcomes achieved by
individuals with disabilities, considering the unique circumstances and
needs of each VR agency.
Based on data reported by VR agencies through the VR program Case
Service Report (RSA-911) for program year (PY) \7\ 2017 (July 1, 2017-
June 30, 2018) and PY 2022 (July 1, 2022-June 30, 2023), the number of
individuals with disabilities determined eligible for the VR program
decreased from 414,531 to 354,204. Additionally, the number of
participants in the VR program (those eligible individuals who received
VR services under an IPE) decreased from 932,835 to 818,646.
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\7\ WIOA requires that State VR programs submit an annual
statewide performance report, including information on levels of
performance achieved with respect to the performance indicators
outlined in section 116 of the Act. These reports are due by October
1 after the completion of each Program Year (PY) (July 1-June 30).
The Program Year is consistent with most states' 12-month period
used for accounting and budgeting purposes. The Program Year is
different from federal fiscal year that is October 1-September 30.
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Although the employment rate or rehabilitation rate is no longer
one of the primary indicators of performance under the Rehabilitation
Act, it can provide insight into the performance of the VR program
because it indicates whether participants have achieved successful
employment when they exit the VR program. The VR program's employment
rate decreased from 49.3 percent in PY 2017 to 44.2 percent in PY 2022.
In the same period, the number of participants exiting with employment
outcomes fell from 152,425 to 115,943. Relatedly, the number of
participants who exited the VR program for any reason decreased from
311,748 to 256,435 in the same timeframe.
In light of these data, the Department has determined that VR
agency personnel need technical assistance and training on program and
resource management strategies and skills to efficiently and
effectively provide VR and supported employment services to individuals
with disabilities to achieve CIE, including pre-employment transition
services to students with disabilities. Effectively and efficiently
managing resources is critical for VR agencies to fully capitalize on
the funds and staff resources needed to provide individuals with
disabilities with timely services of high quality, which will forestall
further declines in
[[Page 5781]]
performance. VR personnel need to build strategies to balance the needs
of all populations seeking services, including students, youth, and
adults with disabilities, and to provide timely and relevant services
to meet their unique needs.
The focus on serving individuals with significant and the most
significant disabilities, as well as students and youth with
disabilities and traditionally underserved populations, coupled with
the expectations under the Rehabilitation Act to achieve CIE outcomes
and career advancement, also require VR agency personnel, especially VR
counselors, to learn and employ innovative service strategies and
practices.
For example, recent data for PYs 2021 and 2022 provided by VR
agencies through the RSA-911 indicate that approximately one-quarter
(25.2 percent and 25.9 percent, respectively) of participants who were
enrolled in an education or training program leading to a recognized
postsecondary credential or employment achieved a measurable skill gain
(MSG). An MSG is documented academic, technical, occupational, or other
form of progress that participants achieve toward a recognized
postsecondary credential or employment. The MSG rate is one of the
primary indicators of performance under section 116 of WIOA. The VR
program's performance, in the two most recent years of data collection
and reporting under WIOA, suggests continued underutilization or
underreporting of employment strategies and services to assist
individuals with disabilities in achieving MSGs as they pursue
recognized postsecondary credentials or employment.
The PY 2022 national employment rate for the VR program was 56.2
percent in the second quarter after exit. These individuals achieved
median earnings of $5,130 for the quarter, which translates into annual
median earnings of roughly $20,520. Based on these data, it appears the
employment outlook for individuals with disabilities served by the
program remains lower compared to non-disabled individuals, suggesting
that there is a need for greater utilization of more effective
interventions by VR personnel.\8\
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\8\ FY 2022 WIOA National Performance Assessments. https://www.dol.gov/agencies/eta/performance/results/assessments.
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Proposed Priority:
The NVRTAC will provide intensive training and technical
assistance, targeted training and technical assistance, and universal
training and technical assistance to State VR agencies that will enable
VR agencies to improve VR program management and performance and, most
importantly, to improve employment outcomes achieved by individuals
with disabilities.
Regarding program management and performance, the NVRTAC's training
and technical assistance will support the assessment, development, and
enhancement of VR State agency leaders and staff knowledge, skills, and
abilities to improve service delivery and employment outcomes for
individuals with disabilities and to perform the following functions:
(a) Implementing State VR agency-level best practices and policies
for maximizing engagement and achieving CIE for individuals with
disabilities. The center will provide VR agency personnel with
technical assistance on evaluating whether the management strategies
they adopt have been shown to increase the percentage of participants
who achieve an MSG/credential and exit the program with an employment
outcome and modifying those strategies, if necessary, to achieve
continuous program improvement. The NVRTAC will provide intensive
training and technical assistance, targeted training and technical
assistance, and universal training and technical assistance to State VR
agencies to improve or develop a broad range of management policies and
practices, both programmatic and fiscal, to address needs common to
many agencies;
(b) Disseminating clear, consistent messages on RSA priorities for
the development and implementation of sound management and financial
systems and strong internal controls;
(c) Identifying strengths and weaknesses in the agency's capacity
to understand factors affecting program effectiveness and timeliness
(such as the ability to analyze case service data to identify trends
and disparities in employment outcomes achieved by various groups of
individuals with disabilities) and designing management strategies to
address these deficits;
(d) Analyzing the VR agency's human resource management for
inclusion of best practice for recruitment, retention, and onboarding
strategies including orientation training for new VR agency directors;
(e) Understanding statutory and regulatory requirements related to
performance management, including calculations for the common
performance measures required under WIOA;
(f) Monitoring and improving financial and program data reporting
and accuracy;
(g) Conducting performance evaluation and quality assurance
improvement activities, including the use of data for performance
management systems and the implementation of the common performance
measures required by WIOA;
(h) Conducting strategic planning and implementing the strategies
to address aspects of a strengths, weaknesses, opportunities, and
threats (SWOT) assessment that pose challenges and barriers to
improving service delivery and employment outcomes for individuals with
disabilities, including those with significant and the most significant
disabilities, students and youth with disabilities, and traditionally
underserved populations;
(i) Developing and implementing effective and efficient program and
fiscal policies for delivering pre-employment transition services under
section 113, VR services under section 103(a), and supported employment
services under title VI of the Rehabilitation Act;
(j) Implementing proactive strategies for the State VR agency to
collaborate and engage with educational agencies, Centers for
Independent Living, American Indian Vocational Rehabilitation agencies,
and community rehabilitation programs;
(k) Implementing strategies to maximize timely and meaningful
engagement of VR clients during application and eligibility
determination, development of the IPE, and service delivery;
(l) Accurately addressing the required descriptions in the VR
services portion of the WIOA Unified or Combined State Plan,
particularly in setting goals and strategies that can improve
performance;
(m) Coordinating efforts with the State Rehabilitation Council;
(n) Developing relationships with public policymakers and optimize
the VR agency's presence and visibility by marketing the program in
accordance with the requirements in the Guidance for Federal Financial
Assistance at 2 CFR 200.467 and RSA guidance;
(o) Understanding the key resources management elements, including
but not limited to financial management, human resources management,
and program management and their relevance to important VR program
outcomes and various cost containment measures, such as implementing an
order of selection giving priority for services to individuals with the
most significant disabilities, assessing the need for and impact of
implementing a
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financial needs test and cost participation in services, and
implementing the requirement to seek comparable services and benefits
for certain services, among others; and
(p) Resolving corrective action plans and strategies to increase
compliance and reduce future noncompliance.
Regarding effective resource management, the NVRTAC will support
the assessment, development, and enhancement of staff knowledge,
skills, and abilities to ensure that--
(a) Resources, including program funds and personnel, are being
used for allowable purposes, are appropriately allocated, and support
innovation in compliance with statutory and regulatory requirements;
(b) Internal controls and reporting systems upon which State VR
agencies base fiscal and programmatic forecasting and decision-making
are improved and reliable to support attainment of program goals and
objectives; and
(c) Resources, including program funds and personnel, are fully
used in ways that meet existing program needs, priorities, and expected
employment outcomes for individuals with disabilities.
The following are TA project activities the NVRTAC will undertake
to address weaknesses in resource management:
(a) Assess performance of grantees' financial management processes
used to support attainment of fiscal and programmatic outcomes (for
example, whether an agency's fiscal processes support the accurate
tracking and reporting of non-Federal funds to maximize the drawdown of
Federal award funds to support attainment of employment outcomes); and
use the assessment to identify areas for improvement in fiscal
processes that will assist the agency in meeting program goals.
(b) Assess personnel training and technical assistance needs to
identify gaps in fiscal knowledge, skills, and abilities that prevent
the agency from the effective and efficient use of resources necessary
to achieve employment outcomes.
(c) Provide intensive training and technical assistance on
financial planning, to maximize program resources and attainment of
program goals and objectives, maximize opportunities for non-Federal
sources of match, avoid potential maintenance of effort deficits and
match penalties, and meet the reservation of funds requirement for pre-
employment transition services.
(d) Provide technical assistance on implementing Federal, State,
and program fiscal requirements, including internal controls, in an
efficient and effective manner to reduce unnecessary burden and to
focus efforts on program outcomes.
(e) Provide technical assistance on the identification, collection,
and analysis of program and fiscal data necessary for program
management and maximizing available resources to plan and support
consumer services.
Proposed Project Requirements:
The Department proposes the following requirements for this
program. We may apply one or more of these requirements, including one
or more of the activities listed under these requirements, in any year
in which this program is in effect.
Proposed Requirements:
To meet the requirements of this priority, the NVRTAC must, at a
minimum, conduct the following activities through innovative
approaches:
(a) Establish an advisory committee for the NVRTAC. The committee
members must include individuals with disabilities, representatives
from State VR agencies, individuals with VR subject matter expertise,
community rehabilitation providers, individuals with subject matter
expertise in assistive technology and advance technology for
individuals with disabilities, and individuals with subject matter
expertise in financial management and resources management for VR
programs. The committee members will provide input and recommendations
pertaining to the project design, project implementation, and the
project evaluation. At a minimum, the committee should meet semi-
annually.
(b) Establish a state-of-the-art NVRTAC website with information
technology platform for communicating with State VR agencies and
providing training and TA to state VR agencies' personnel. NVRTAC must
ensure that all products produced by the NVRTAC and posted on the
website have been developed in collaboration with RSA and meet
government and industry-recognized standards for accessibility and
security.
The website will serve as a key training and technical assistance
delivery vehicle; peer-to-peer communication hub; stakeholder convening
platform; and the central repository of information about technical
assistance and training materials and resources developed and provided
by the NVRTAC, including training modules for State VR agency
leadership and VR counseling professionals, as well as for new
employees onboarding resources. In addition, the system must have the
capacity to track training completion or related records, as
applicable.
(c) Conduct nationwide technical assistance and training needs
assessment of State VR agencies' personnel during the first six months
of the project. The needs assessment must include the areas of VR
program management, financial and resource management, service
delivery, and employment outcomes and should be informed by the
following--
(1) Input from RSA staff, RSA monitoring reports, and State VR
agency corrective action plans;
(2) Input from State VR agencies about their needs, priorities, and
innovative approaches to program and resource management that lead to
improved service delivery;
(3) Information regarding the latest National trends, barriers,
challenges, and opportunities; and
(4) Information regarding effective and efficient program and
resource management strategies, techniques, and practices that may be
applicable to State VR agencies.
(d) Develop a training and technical assistance plan. Based on the
results of the needs assessment, develop an overarching training and
technical assistance plan that must include, at a minimum--
(1) Management strategies and practices that result in improved
service delivery and employment outcomes for individuals with
disabilities, including the rationale for their selection;
(2) Conceptual framework for the selected strategies and practices,
including key assumptions, expectations, and presumed relationships or
linkages among strategies and practices;
(3) Nature and scope of the intensive training and technical
assistance, targeted training and technical assistance, and universal
training and technical assistance to be provided in support of the
selected strategies and practices;
(4) Protocols and timelines for requesting, obtaining, and
completing training and technical assistance; and
(5) Protocols and timelines for transitioning the State VR agency's
technical assistance, upon completion of the technical assistance
agreement, to the designated RSA State Liaison, when appropriate.
(e) Provide intensive training and technical assistance to State VR
agencies consistent with the technical assistance plan based on a
review of a wide variety of information sources, including, but not
limited to, RSA's monitoring reports and corresponding State VR agency
[[Page 5783]]
corrective action plans; State audit reports; WIOA State plans,
particularly the VR portion of these State plans; RSA staff feedback;
and the results of comprehensive statewide needs assessments. Intensive
training and technical assistance may be provided on-site, over a
specified time period, under the terms of signed intensive training and
technical assistance agreements between the NVRTAC and the
participating State VR agencies. Numerical targets for the number of
intensive training and technical assistance agreements will be included
in the cooperative agreement between RSA and the NVRTAC.
The intensive training and technical assistance agreements between
the NVRTAC and the requesting State VR agencies must include the
following components:
(1) Management strategies and practices to be implemented by the
State VR agency that are designed to improve service delivery and
maximize quality employment outcomes for individuals with disabilities.
(2) Nature and scope of the training and technical assistance to be
provided by the NVRTAC.
(3) Roles and responsibilities of the NVRTAC, State VR agency, RSA,
and other workforce development partners, including the commitment of
resources.
(4) Logic model (as defined in 34 CFR 77.1) that is specific to the
intensive need being addressed and that includes performance outcomes,
targets, and baselines; project activities, inputs, and outputs; and
data collection and analysis commitments.
(f) Implement a plan for project evaluation, which includes a
timeline for the evaluation and measurement benchmarks, that will
evaluate the impact of the center's training and technical assistance
on the performance of the VR agencies that received the center's
services. As part of the evaluation plan, there must be a logic model
that includes data elements, inputs, activities, outputs, and short-
term and long-term performance indicators regarding--
(1) Quantitative outcomes resulting from the program management and
employment strategies and practices, including--
(i) Timeliness of the VR processes and services;
(ii) Number of employment outcomes;
(iii)VR participants' employment or career-readiness;
(iv) Cost-effectiveness; and
(v) Sustainability;
(2) Quality, relevance, and usefulness of the project's training
and technical assistance activities;
(3) Quantitative or qualitative insights about the relationship
between strategies, practices, and training and technical assistance
activities on critical outcomes for VR personnel, VR clients, and key
partners, including through--
(i) Pre- and post-training assessments;
(ii) Focus groups; and
(iii)Success stories.
(g) Develop and implement models and materials for targeted and
universal training and technical assistance for VR agency personnel, on
state VR program and fiscal management, and employment strategies for
individuals with disabilities, which must include the following--
(1) Integration of assistive technology and artificial intelligence
tools to fuel CIE in the 21st century for individuals with
disabilities;
(2) Career pathways education, internships, apprenticeships,
training, and supports in high-demand occupations, including those in
science, technology, engineering, and mathematics (STEM) fields,
advanced technology;
(3) Registered and industry-recognized apprenticeships, pre-
apprenticeships, and on-the-job training;
(4) Supported employment and customized employment;
(5) Customized training and credential programs to meet employers'
demand;
(6) Self-employment and entrepreneurship, including services
available under the Randolph-Sheppard Vending Facility Program;
(7) Business engagement and employer supports including dual
customer models such as Progressive Employment;
(8) Practices to enhance the employment capacity of individuals
with the most significant disabilities receiving supported employment
services, such as the Individual Placement and Support model;
(9) Pre-employment transition services that prepare students with
disabilities and transition services that prepare youth with
disabilities to identify career interests through work-based learning
and early career exploration opportunities, including career pathways,
internships, and job shadowing, with a focus on high-demand and STEM
careers;
(10) Career counseling techniques and resources, including labor
market information tools such as Career Index Plus;
(11) Collaboration with workforce development partners, community
rehabilitation programs, and other community-based organizations to
provide the comprehensive support services that individuals with
significant and the most significant disabilities, students and youth
with disabilities, and traditionally underserved populations, need to
succeed, such as the Integrated Resource Teams model;
(12) Approaches that encourage VR clients to consider jobs in the
advanced technology fields that respond to expected labor market needs;
(13) Approaches that encourage VR clients to enter and remain
engaged in the VR process, such as rapid engagement, motivational
interviewing, benefits counseling, and financial empowerment training,
and vehicles such as the Achieving a Better Life Experience (ABLE) tax-
free accounts for individuals with disabilities and flexibilities
associated with Social Security Income; and
(14) Community outreach strategies to expand the pool of potential
VR applicants and referral sources, including traditionally underserved
populations.
Proposed Application Requirements:
The Department proposes the following application requirements for
the purpose of this priority. We may apply one or more of these
requirements, including one or more of the activities listed under
these requirements, in any year in which this program is in effect.
Proposed Application Requirement:
The following proposed application requirements are for the purpose
of the priority. Applicants must--
(a) Provide, in the narrative section of the application under
``Significance of the Project,'' a landscape analysis of current
challenges, opportunities, and initiatives in national VR technical
assistance and training. The landscape analysis must address the
following
(1) Knowledge about--
(i) State VR program challenges in performance, including barriers
and trends regarding program and resource management and employment
outcomes for individuals with disabilities especially those with
significant and the most significant disabilities, students and youth
with disabilities, and traditionally underserved populations,
particularly as noted in recent RSA monitoring reports and State VR
agency corrective action plans; and
(ii) Federal and State initiatives and best practices to improve
program and resource management and employment outcomes for individuals
with disabilities, particularly in response to requirements under WIOA.
(2) The proposed project's potential to contribute to these Federal
and State
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initiatives by assisting State VR agencies in equipping personnel with
the necessary skills and training to implement the substantive
provisions of the Rehabilitation Act introduced by WIOA that are
designed to improve the employment outcomes for individuals with
disabilities.
(b) Provide an implementation plan. The implementation plan must
describe the feasibility of the management plan to achieve project
objectives and goals on time and within budget, including clearly
defined responsibilities, timelines, and milestones for accomplishing
project tasks and meet expected outcomes.
(c) Describe the plans to establish a state-of-the-art NVRTAC
website and information technology platform.
(d) Describe plans for completing the national technical assistance
and training needs assessment.
(e) Specify strategies to maximize coordination between the NVRTAC
and other TA centers and seek opportunities to coordinate with other
training and technical assistance investments, including those funded
by the U.S. Departments of Education, Labor, and Health and Human
Services, in the provision of training and technical assistance to
State VR agencies.
(f) Describe the proposed evaluation plan and logic model for the
project.
(g) Provide a dissemination plan. The dissemination plan must
describe plans to disseminate its summative findings and results at
national conferences, regional forums, or specialized meetings starting
after the first year of the performance period, including cost-
effective approaches such as virtual convenings, to engage State VR
agencies and other potential Federal, State, local, and nongovernment
partners, including--
(i) Types of events (e.g., conferences, forums, specialized
meetings);
(ii) Target audience (e.g., by event type); and
(iii) Convening modes (in-person, virtual).
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)).
Proposed Definitions
The Assistant Secretary for Special Education and Rehabilitative
Services proposes the following definitions for this program to ensure
that applicants have a clear understanding of how we are using these
terms. We may apply these definitions in any year in which this program
is in effect.
Intensive training and technical assistance means training and
technical assistance provided to State VR agencies and State VR agency
personnel, in consultation with RSA, primarily on-site for a specific
issue and a set period of time negotiated between the State VR agency
and NVRTAC. Intensive training and technical assistance is based on an
ongoing relationship between the training and technical assistance
center staff and State VR agencies and State VR agency personnel under
the terms of a signed intensive training and technical assistance
agreement.
Targeted training and technical assistance means training and
technical assistance based on needs common to one or more State VR
agencies and State VR agency personnel on a time-limited basis and with
limited commitment of training and technical assistance center
resources. Targeted training and technical assistance are delivered
through virtual, or in-person methods tailored to the identified needs
of the participating State VR agencies and State VR agency personnel.
Universal training and technical assistance means training and
technical assistance broadly available to State VR agencies and State
VR agency personnel and other interested parties through their own
initiative, resulting in minimal interaction with training and
technical assistance center staff. Universal training and technical
assistance include generalized presentations, products, and related
activities available through a website or through brief contacts with
the training and technical assistance center staff.
References
Herbert, J.T., O'Shea, A., Joon Yoon, H., & Balushi, I.A. (2023).
Recruitment and retention of state vocational rehabilitation
counselors: A mixed methods analysis. Journal of Rehabilitation,
89(1), 61-71.
Rehabilitation Services Administration. (2020). The State Vocational
Rehabilitation Services Program--The First 100 Years. Retrieved
from: https://ncrtm.ed.gov/library/detail/state-vocational-rehabilitation-services-program-first-100-years.
Final Priority, Requirements, and Definitions: We will announce the
final priority, requirements, and definitions in a notice in the
Federal Register. We will determine the final priority, requirements,
and definitions after considering responses to the proposed priority,
requirements, and definitions and other information available to the
Department. This document does not preclude us from proposing
additional priorities, requirements, definitions, or selection
criteria, subject to meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use these priorities, requirements, or definitions,
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 three years by the Administrator of Office of
Information and Regulatory Affairs (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
[[Page 5785]]
(4) Raise novel legal or policy issues for which centralized review
would meaningfully further the President's priorities, or the
principles set forth in the Executive order, as specifically authorized
in a timely manner by the Administrator of OIRA in each case.
This proposed 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 proposed regulatory action under
Executive Order 13563, which supplements and explicitly reaffirms the
principles, structures, and definitions governing regulatory review
established in Executive Order 12866. To the extent permitted by law,
Executive Order 13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing the proposed priority, requirements, and definitions
only on a reasoned determination that their benefits justify their
costs. In choosing among alternative regulatory approaches, we selected
those approaches that maximize net benefits. Based on the analysis that
follows, the Department believes that this regulatory action is
consistent with the principles in Executive Order 13563.
We have also determined that this regulatory action does not unduly
interfere with State, local, territorial, 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.
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, requirements, and definitions
easier to understand, including answers to questions such as the
following:
Are the requirements in the proposed regulations clearly
stated?
Do the proposed regulations contain technical terms or
other wording that interferes with their clarity?
Does the format of the proposed regulations (grouping and
order of sections, use of headings, paragraphing) aid or reduce their
clarity?
Would the proposed regulations be easier to understand if
we divided them into more (but shorter) sections?
Could the description of the proposed regulations in the
SUPPLEMENTARY INFORMATION section of the preamble be more helpful in
making the proposed regulations easier to understand? If so, how?
What else could we do to make the proposed regulations
easier to understand?
To send any comments that concern how the Department could make
these proposed regulations easier to understand, see the instructions
in the ADDRESSES section.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 385. 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.
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 small entities that this proposed regulatory action would
affect are institutions of higher education (IHEs) that meet the
eligibility requirements in section 241(1) of the Higher Education Act
of 1965, as amended, and public and private nonprofit organizations and
agencies that partner with IHEs. The Secretary believes that the costs
imposed on applicants by the proposed priority and requirements would
be limited to paperwork burden related to preparing an application and
that the benefits would outweigh any costs incurred by applicants.
Participation in this program is voluntary. For this reason, the
proposed priority and requirements would impose no burden on small
entities unless they applied for funding under the program. We expect
that in determining whether to apply for any project under the
Rehabilitation Training (RT) program funds, an eligible applicant would
evaluate the requirements of preparing an application and any
associated costs and weigh them against the benefits likely to be
achieved by receiving a RT grant. Eligible applicants most likely would
apply only if they determine that the likely benefits exceed the costs
of preparing an application. The likely benefits include the potential
receipt of a grant as well as other benefits that may accrue to an
entity through its development of an application.
This proposed regulatory action would not have a significant
economic impact on a small entity once it receives a grant because it
would be able to meet the costs of compliance using the funds provided
under this program. We invite comments from eligible small entities as
to whether they believe this proposed regulatory action would have a
significant economic impact on them and, if so, request evidence to
support that belief.
Assessment of Educational Impact
In accordance with section 411 of the General Education Provisions
Act, 20 U.S.C. 1221e-4, the Secretary particularly requests comments on
whether these proposed regulations would require transmission of
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information that any other agency or authority of the United States
gathers or makes available.
Accessible Format: On request to one of the program contact persons
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, 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 Department documents 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. Y ou may also access Department documents 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. 2025-01337 Filed 1-16-25; 8:45 am]
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