[Federal Register Volume 90, Number 121 (Thursday, June 26, 2025)]
[Rules and Regulations]
[Pages 27241-27245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11807]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2024-OSERS-0131]
Innovative Rehabilitation Training Program
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Final priority and requirements.
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SUMMARY: The U.S. Department of Education (Department) announces the
final priority and requirements under the Innovative Rehabilitation
Training program, Assistance Listing Number 84.263G. The Department may
use the priority and requirements for competitions in fiscal year (FY)
2025 and later years. We take this action to promote the development of
innovative and improved methods of training on promising vocational
rehabilitation (VR) counseling, engagement, and service delivery
strategies and practices to State VR agency personnel or other public
or non-profit rehabilitation professionals and paraprofessionals
(including those enrolled in master's or bachelor's level
rehabilitation programs) to provide quality VR and supported employment
services that lead to quality employment outcomes for individuals with
disabilities.
DATES: The priority and requirements are effective July 28, 2025.
FOR FURTHER INFORMATION CONTACT: Felipe Lulli, U.S. Department of
Education, 400 Maryland Avenue SW, Room 4A10, Washington, DC 20202.
Telephone: (202) 987-0128. 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: The Innovative Rehabilitation Training program
is designed to develop: (a) new types of training programs for
rehabilitation personnel and to demonstrate the effectiveness of these
new types of training programs for rehabilitation personnel in
providing rehabilitation services to individuals with disabilities; (b)
new and improved methods of training rehabilitation personnel so that
there may be a more effective delivery of rehabilitation services to
individuals with disabilities by designated State rehabilitation
agencies and designated State rehabilitation units or other public or
non-profit rehabilitation service agencies or organizations; and (c)
new innovative training programs for VR professionals and
paraprofessionals to have a 21st-century understanding of the evolving
labor force and the needs of individuals with disabilities so they can
more effectively provide VR services to individuals with disabilities.
Assistance Listing Number: 84.263G
Program Authority: 29 U.S.C. 709(c) and 772.
Applicable Program Regulations: 34 CFR parts 385 and 387.
We published a notice of proposed priority and requirements (NPP)
for this program in the Federal Register on December 18, 2024 (89 FR
102841). That notice contained background information and the
Department's reasons for proposing the priority and requirements.
Public Comment: In response to our invitation in the NPP, 18
parties submitted comments on the proposed priority and requirements.
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 or requirements.
Analysis of Comments and Changes: An analysis of the comments and
of any changes in the priority and requirements since publication of
the NPP follows.
Comment: Several commenters suggested that Topic Area 2 (Career
Assessment Addressing Emerging Career and Employment Trends) should
focus on improving the quality and availability of career assessment
and vocational evaluation services through the development of formal,
graduate-level training programs. A few commenters specifically noted
that the discontinuation of formal, graduate-level training programs in
recent years appears to have contributed to a shortage of qualified
evaluators and VR professionals trained in using career assessment
data. A few commenters also specified that, given these shortages,
there are long waitlists for critical career assessment and vocational
evaluation services. A few commenters specifically noted considerations
for the ways that artificial intelligence (AI) can be part of career
assessment.
Discussion: The Department acknowledges the value of career
assessment and VR professionals with career assessment expertise. It is
also clear that career assessment and VR professionals should be
exposed to additional learning options (coursework, practicums,
internships, etc.). As a general matter, the Department notes that
Topic Area 2 already affords potential applicants flexibility in their
proposed approaches, which may include AI.
Changes: Topic Area 2 has been revised to clarify that proposed
projects under this topic area must focus on strengthening the capacity
of career assessment and vocational evaluation professionals to serve
VR participants under this priority. The topic area has also been
revised to clarify that an applicant may propose various approaches to
strengthen the capacity of career assessment and vocational evaluation
professionals. Application Requirement C has also been revised to
remove the specific reference to VR counselors in the training plan
given that other VR professionals may also be part of such plan.
Comment: One commenter provided support for the importance of Topic
Area 2 but noted that the other topic areas in the NPP were overly
prescriptive, noting a general burden on data collection and entry
requirements and caseload sizes.
Discussion: The Department contends that the commenter's concerns
about prescriptiveness do not seem to pertain to other topic areas
under this proposed priority and are rather general issues in the field
of vocational rehabilitation. However, as a general matter, the
Department notes that the priority already affords potential applicants
flexibility in their proposed approaches, activities, and objectives in
response to the topic area(s) within the priority.
Changes: None.
Comment: One commenter recommended adding language to Topic Area 2
requiring career development professionals working under this priority
to hold one or more specified professional certifications and to
maintain records showing that they have received 30 hours of continuing
education every three years.
Discussion: We do not believe that the recommendation to require or
verify specific standards or credentials is within the scope of purpose
of the Innovative Rehabilitation Training Program, as defined in the
program regulations at 34 CFR part 387. Moreover, we believe that this
level of specificity is not necessary and that individual projects are
best positioned
[[Page 27242]]
to define these expectations for their participants.
Changes: None.
Comment: None.
Discussion: In proposed Topic Area 2 (Career Assessment Addressing
Emerging Career and Employment Trends), among the list of potential
activities that the Department proposed that applicants could address,
the Department included ``tracking emerging 21st century career trends
in [. . .] green industries such as sustainable manufacturing and
renewable energy[.]'' Upon further review, we do not think it is
necessary to prescribe that level of specificity, and that such
activities would be subsumed under the broader heading of STEM and
advanced technologies. The Department recognizes that applicants might
choose to address emerging 21st century career trends in a number of
ways that align to local context.
Changes: The reference to ``green industries such as sustainable
manufacturing and renewable energy'' from Topic Area 2 has been
removed.
Comment: One commenter recommended adding language in proposed
Topic Area 5 (Engagement and Service Delivery Strategies for
Underserved Populations) requiring the inclusion of cultural competence
training components addressing the unique needs of various groups.
Discussion: Grantees are required to comply with the Federal civil
rights laws, which prohibit discrimination on the basis of race, color,
or national origin. Therefore, programs funded under this priority will
provide the necessary training to all rehabilitation personnel, so that
these personnel may effectively deliver rehabilitation services to
individuals with disabilities.
Changes: Consistent with the Administration's priority that all
recipients of services supported by Federal funding be treated equally,
we have removed proposed Topic Area 5. We have also removed a reference
to Topic Area 5 from requirement (a).
Comment: A few commenters recommended that the Department add a new
topic area on services to transition-age youth and students with
disabilities, including family engagement. The commenters indicated
that this topic should be addressed distinctly from Topic Area 6 (Field
Initiated), given the prioritized attention on collaboration among
rehabilitation community providers, centers for independent living,
rehabilitation counselors, and other transition professionals required
by the new topic area.
Discussion: The Department concurs with the importance of
transition services for youth and students with disabilities. An
applicant may choose to address transition services through final Topic
Area 5 (Field Initiated).
Changes: None.
Comment: One commenter recommended that the priority promote the
study and implementation of ``qualified service provider'' definitions
across State VR services.
Discussion: The focus of the Innovative Training Program is on
innovative and improved methods of training to provide quality VR and
supported employment services that lead to quality employment outcomes
for individuals with disabilities. The Department believes that the
study of qualified service provider definitions falls outside of the
intended scope of the program (as defined in 34 CFR 387.1). We also
believe that the program will have the most impact through a priority
focused on specific training methods and strategies. As such, we
decline to include this change in the priority.
Changes: None.
Final Priority
Innovative Rehabilitation Training on Emerging VR Counseling,
Engagement, and Service Delivery Strategies Leading to Quality
Employment in 21st Century Careers for Individuals With Disabilities.
Projects that propose a new innovative rehabilitation training
program for rehabilitation personnel on emerging VR counseling,
engagement, and service delivery best practices or strategies in any of
five topic areas that provides a 21st century understanding of the
evolving labor force and the needs of individuals with disabilities,
resulting in more effective delivery of rehabilitation services to
individuals with disabilities. The five topic areas under this priority
are:
(1) VR Counselor Participant Engagement Practices, (2) Career
Assessment Addressing Emerging Career and Employment Trends, (3)
Preparing VR Participants for High-Quality Employment in Science,
Technology, Engineering, and Math (STEM) and Advanced Technology
Careers, including Artificial Intelligence (AI), (4) Dual Customer
Employer Engagement and Service Delivery Strategies, and (5) Field
Initiated.
(1) VR Counselor Participant Engagement Practices. Proposed
projects under this topic area must focus on improving VR counselors'
knowledge and skills to effectively engage with VR participants through
the VR continuum from referral and application to the provision of VR
services under a signed IPE, and through the achievement of an
employment outcome. This may include, for example, VR counseling
relationship-building skills training; early and ongoing engagement
strategies, including pre-employment transition services; benefits
counseling, financial planning, and VR participant self-advocacy skills
training; and the development of internal and external partnerships
with cross-disciplinary VR agency specialists, employers, workforce
development partners, Client Assistance Programs, and community-based
organizations, including community rehabilitation programs (CRPs) and
Centers for Independent Living (CILs).
(2) Career Assessment Addressing Emerging Career and Employment
Trends. Proposed projects under this topic area must focus on
strengthening the capacity of career assessment and vocational
rehabilitation professionals to identify and support VR participants'
informed choice and optimal career and employment goals, postsecondary
education and training, credentialing and measurable skills attainment
pathways, and comprehensive support needs including assistive
technology, consistent with participants' unique strengths, abilities,
capabilities, and interests. This may include, for example, providing
vocational evaluation and comprehensive assessments; facilitating AI-
enabled individual supports and accommodations; conducting local and
national labor market analyses; tracking emerging 21st century career
trends in STEM and advanced technologies; exploring work options such
as business ownership, self-employment, and telework; and identifying
the most appropriate training and employment options including
apprenticeships, customized employment, and career pathways. Projects
under this priority may propose various approaches to strengthening the
capacity of professionals through career assessment and vocational
evaluation programs, courses, modules, practicums, and internships.
(3) Preparing VR Participants for High-quality Employment in STEM
and Advanced Technology Careers, including AI. Proposed projects under
this topic area must focus on maximizing the number of VR participants
provided the opportunity to explore, consider, and pursue high quality
careers in STEM and advanced technology careers, including AI, and
other emerging high-quality fields. This may include, for example,
early and meaningful exposure to such careers through quality pre-
employment
[[Page 27243]]
transition services; peer mentorship by persons with disabilities in
such careers; identification of VR participants whose unique strengths,
abilities, interests, and informed choice align with such careers; and
partnerships with State and local educational agencies, Institutions of
Higher Education (IHE), career and technical education programs,
disability organizations, CRPs, and others to provide the appropriate
training, education, and support services.
(4) Dual Customer Employer Engagement and Service Delivery
Strategies. Proposed projects under this topic area must focus on
helping VR agency personnel to engage effectively with employers
through the provision of the services and training outlined in 34 CFR
361.32, meeting employers' needs for skilled workers while creating
quality employment and training opportunities for VR participants. This
may include, for example, strategies for identifying promising dual
customer employer engagement opportunities; providing training and
technical assistance to employers regarding the employment of
individuals with disabilities, including disability awareness, and the
requirements of the Americans with Disabilities Act and other
employment-related laws; supporting VR agency capacity-building to
provide quality dual customer services and training to employers;
conducting outreach to employers, community-based organizations, and
business associations highlighting VR agency capabilities and
documented successes; and delivering dual customer services and
training through the coordinated efforts of cross-disciplinary VR
personnel, employers, and workforce development system partners.
(5) Field Initiated. Proposed projects under this topic area must
address an area not specified in this priority, consistent with the
stated purpose of the priority, or a combination of two or more topic
areas specified in this priority.
Note: The numbering of the topic areas does not reflect an
established hierarchy or preference among the topic areas.
Types of Priorities
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Final Project Requirements
(a) Establish the empirical basis of the proposed project
objectives and activities. The applicant must identify the particular
focus area it intends to address within the selected topic area; the
key knowledge and practice determinants of VR service effectiveness and
employment outcome quality; and the empirical sources and rationale for
the identified knowledge and practices, including available research,
literature reviews, and relevant projects conducted by RSA or other
Federal or non-government entities.
(b) Establish a process, including clear and actionable steps as
well as specific timelines, to continue assessing innovative practices
and training methods for possible incorporation, especially during the
initial year of the grant, including stakeholder surveys to identify
promising practices that the State VR agencies may already be
implementing.
(c) Design an innovative, multifaceted training plan to convey the
identified knowledge and practices. The training plan must specify the
intended participants; proposed curricula, activities, and products,
including training modules, communities of practice, research studies,
published articles, or videos; instructional and communication
technologies, including AI-based methods and tools, if applicable; and
knowledge translation methods adapted to diverse learning styles or
ethnic and linguistic backgrounds. The training plan must address a
broad range of VR professionals--decision-makers, counselors, cross-
disciplinary specialists--and pertinent partners and stakeholders, as
appropriate.
(d) Establish an advisory panel of one or more VR agencies and
other pertinent stakeholders to help develop, implement, and evaluate
the project. The applicant must describe the panel membership,
structure, and responsibilities. Panel member responsibilities may
include identifying key knowledge requirements, best practices, and
innovative approaches for the training curricula and methods;
coordinating with other interested parties to disseminate curricula,
recruit training participants, engaging additional VR agencies and
stakeholders; and participating in the project's continuous feedback,
evaluation, and improvement processes.
(e) Prioritize key stakeholder engagement, partnerships, and
information-sharing in the innovative training activities, including
with IHEs, and relevant professional associations. The applicant must
identify the stakeholders to be involved within each of the project's
particular focus areas; the purpose and expected benefits of
stakeholder involvement; anticipated communities of practices to
facilitate stakeholder involvement; and the innovative or advanced
convening or communication technologies to be used, as applicable.
(f) Establish continuous feedback, evaluation, and improvement
processes, including action steps and clear timelines, to ensure that
the training curricula and resources are responsive to the needs of the
current and aspiring VR professionals and stakeholders; meet the
project scope and objectives; and reflect evolving research, promising
practices, and innovative training methods during the life of the
grant.
(g) Disseminate, replicate, and sustain the innovative training
curricula and resources. The applicant must post completed training
curricula and related resources on National Clearinghouse of
Rehabilitation Training Materials (NCRTM) and other appropriate venues
on an ongoing basis; facilitate replication of training curricula by
interested VR agencies, IHEs, or other interested parties; sustain and
maintain the training curriculum beyond the life of the grant; and
present innovative training curricula, resources, outcomes, and lessons
learned in at least one national forum during the final year of the
grant.
This document does not preclude us from proposing additional
eligibility criteria, priorities, requirements, definitions, and
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 and these requirements, we invite
applications through a notice in the Federal Register.
[[Page 27244]]
Executive Orders 12866, 13563 and 14192
Regulatory Impact Analysis
Under Executive Order 12866, it must be determined whether this
regulatory action is ``significant'' and, therefore, subject to the
requirements of the Executive order and subject to review by the Office
of Management and Budget (OMB). Section 3(f) of Executive Order 12866
defines a ``significant regulatory action'' as an action likely to
result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, 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 entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive order.
This regulatory action is not a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866.
Since this regulatory action is not a significant regulatory action
under section 3(f) of Executive Order 12866, it is not considered an
``Executive Order 14192 regulatory action.''
We have also reviewed this 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;
(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.'' OIRA 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 requirements only on a
reasoned determination that their benefits would justify their costs.
In choosing among alternative regulatory approaches, we selected those
approaches that would maximize net benefits. Based on the analysis that
follows, the Department believes that this regulatory action is
consistent with the principles in Executive Order 13563.
We also have determined that this regulatory action would not
unduly interfere with State, local, and Tribal governments in the
exercise of their governmental functions.
In accordance with 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 the NPP.
We are issuing this final priority and these requirements only on a
reasoned determination that its benefits justify their costs. In
choosing among alternative regulatory approaches, we selected those
approaches that maximize net benefits. Based on the preceding analysis,
the Department believes that this regulatory action is consistent with
the principles in Executive Order 13563.
We also have determined that this final regulatory action does not
unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
Paperwork Reduction Act of 1995
The final priorities, including requirements, contain information
collection requirements that are approved by OMB under OMB control
number 1820-0028; the final priorities, including requirements, 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 (SBA) Size Standards define proprietary
institutions as small businesses if they are independently owned and
operated, are not dominant in their field of operation, and have total
annual revenue below $7,000,000. Nonprofit institutions are defined as
small entities if they are independently owned and operated and not
dominant in their field of operation. Public institutions are defined
as small organizations if they are operated by a government overseeing
a population below 50,000. Participation in the Innovative
Rehabilitation Training program is voluntary. In addition, the only
eligible entities for this program are State agencies or their
equivalents under State law, Public, Private and Nonprofit Entities,
including Indian Tribes and Institutions of Higher Education, which do
not meet the definition of a small entity. We expect that in
determining whether to apply for Innovative Rehabilitation Training
program funds, an eligible entity 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 program
grant. An eligible entity probably would apply only if it determines
that the likely benefits exceed the costs of preparing an application.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. One of the
objectives of the Executive order is to foster an intergovernmental
partnership and a strengthened federalism. The Executive order relies
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, compact disc, or other accessible
format.
[[Page 27245]]
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.
You 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.
Diana Diaz,
Deputy Assistant Secretary and Acting Assistant Secretary for Special
Education and Rehabilitative Services.
[FR Doc. 2025-11807 Filed 6-25-25; 8:45 am]
BILLING CODE 4000-01-P