80 FR 27874 - Proposed Priority and Definitions-Demonstration and Training Program: Career Pathways for Individuals With Disabilities

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 94 (May 15, 2015)

Page Range		27874-27878
FR Document		2015-11829
The Assistant Secretary for Special Education and Rehabilitative Services proposes a priority and definitions under the Demonstration and Training program. The Assistant Secretary may use this priority and one or more of these definitions for competitions in fiscal year (FY) 2015 and later years. This priority and these definitions are designed to support projects that develop and implement career pathways for individuals with disabilities.
Federal Register, Volume 80 Issue 94 (Friday, May 15, 2015)
[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)]
[Proposed Rules]
[Pages 27874-27878]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11829]



[[Page 27874]]

-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2015-OSERS-0061]


Proposed Priority and Definitions--Demonstration and Training 
Program: Career Pathways for Individuals With Disabilities

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

ACTION: Proposed priority and definitions.

-----------------------------------------------------------------------

[CFDA Number: 84.235N.]

SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services proposes a priority and definitions under the 
Demonstration and Training program. The Assistant Secretary may use 
this priority and one or more of these definitions for competitions in 
fiscal year (FY) 2015 and later years. This priority and these 
definitions are designed to support projects that develop and implement 
career pathways for individuals with disabilities.

DATES: We must receive your comments on or before June 15, 2015.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``Are you new to the site?''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about these proposed regulations, address 
them to RoseAnn Ashby, U.S. Department of Education, 400 Maryland 
Avenue SW., Room 5055, Potomac Center Plaza (PCP), Washington, DC 
20202-2800.

    Privacy Note:  The U.S. Department of Education's (Department's) 
policy is to make all comments received from members of the public 
available for public viewing in their entirety on the Federal 
eRulemaking Portal at www.regulations.gov. Therefore, commenters 
should be careful to include in their comments only information that 
they wish to make publicly available.


FOR FURTHER INFORMATION CONTACT: RoseAnn Ashby. Telephone: (202) 245-
7258 or by email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:
    Invitation to Comment: We invite you to submit comments regarding 
this notice. To ensure that your comments have maximum effect in 
developing the notice of final priority and definitions, we urge you to 
identify clearly the specific section of the proposed priority or 
definition that each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866 and 13563 and their overall 
requirement of reducing regulatory burden that might result from this 
proposed priority and these proposed definitions. Please let us know of 
any further ways we could reduce potential costs or increase potential 
benefits while preserving the effective and efficient administration of 
the program.
    During and after the comment period, you may inspect all public 
comments about this notice by accessing Regulations.gov. You may also 
inspect the comments in person in Room 5055, 550 12th Street SW., PCP, 
Washington, DC 20202-2800, between the hours of 8:30 a.m. and 4:00 
p.m., Washington, DC time, Monday through Friday of each week except 
Federal holidays. Please contact the person listed under FOR FURTHER 
INFORMATION CONTACT.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. 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 the Demonstration and Training 
Program is to provide competitive grants to, or enter into contracts 
with, eligible entities to expand and improve rehabilitation and other 
services authorized under the Rehabilitation Act of 1973, as amended 
(Rehabilitation Act), or to further the purposes and policies in 
sections 2(b) and 2(c) of the Rehabilitation Act by supporting 
activities that increase the provision, extent, availability, scope, 
and quality of rehabilitation services under the Rehabilitation Act.

    Program Authority: 29 U.S.C. 773(b).

    Applicable Program Regulations: 34 CFR part 373.

Proposed Priority

    This notice contains one proposed priority.

Career Pathways for Individuals With Disabilities

Background
    Despite largely positive trends in U.S. economic indicators, 
including a declining trend in the overall unemployment rate,\1\ 
employers report difficulty finding workers with the specific skills 
and knowledge that they need. In the recovering economy, it is critical 
that employers have access to highly skilled workers to meet the 
challenges of today's labor market. Individuals with disabilities 
comprise a large group of potential employees who, with the necessary 
skills and credentials, could help fill this unmet need and participate 
fully in the economy and our society.
---------------------------------------------------------------------------

    \1\ The Employment Situation, U.S. Department of Labor, Bureau 
of Labor Statistics, 2015.
---------------------------------------------------------------------------

    With nearly one in five people in the United States identified as 
having a disability, strategies designed to encourage the growth of the 
recovering economy will need to include initiatives to tap the skills 
and knowledge of this underutilized human resource. While recent data 
show that the labor force participation rate for working-age people 
with disabilities is beginning to increase, it is far below the rate 
for individuals without disabilities (31.1 percent for individuals with 
disabilities compared to 75.7 percent for the working-age people 
without disabilities).\2\
---------------------------------------------------------------------------

    \2\ nTIDE Jobs Report; Kessler Foundation and University of New 
Hampshire, 2015.
---------------------------------------------------------------------------

    One strategy for assisting individuals to acquire skills relevant 
in today's economy is to develop and use a career pathway. By preparing 
workers for high-demand occupations, career pathways offer a promising 
approach for improving the foundation skills of young adults and low-
skilled adults, including individuals with disabilities, and the 
Nation's overall economic prosperity. A ``career pathway,'' as defined 
in section 3(7) of the Workforce Innovation and Opportunity Act (WIOA), 
is a combination of rigorous and high-quality education, training, and 
other services that is aligned with the skill needs of industries in 
the State

[[Page 27875]]

or regional economy and that enables individuals to attain a recognized 
postsecondary credential that will help them enter or advance within a 
specific occupation or occupational cluster. This definition also is 
included in the Definitions section of this notice.
    One of the benefits of a career pathways approach is the 
integration of educational instruction, workforce development, and 
human and social services and supports that are linked to labor market 
trends and employer needs leading to stackable credentials.\3\ The 
career pathways approach has wide support among the Federal Departments 
of Labor, Education, and Health and Human Services (see http://www2.ed.gov/about/offices/list/ovae/ten-attachment.pdf). In addition to 
issuing joint guidance, these agencies developed technical assistance 
resources that promote the use of career pathways approaches. For 
example, under the ``Designing Instruction for Career Pathways'' 
initiative, the Department's Office of Career, Technical, and Adult 
Education made available resources to help expand the creation of 
career pathways systems in States and local areas. The Department of 
Labor (DOL) developed a comprehensive set of technical assistance 
tools, including the ``Career Pathways Framework and Toolkit'' and the 
``Competency Model Clearinghouse.'' These materials can be found at 
DOL's Community of Practice Web site, at: learnwork.workforce3one.org.
---------------------------------------------------------------------------

    \3\ The U.S. Department of Labor defines a ``stackable 
credential'' as one that is ``part of a sequence of credentials that 
can be accumulated over time to build up an individual's 
qualifications and help them to move along a career pathway or up a 
career ladder to different and potentially higher-paying jobs.'' 
(U.S. Department of Labor Training and Employment Guidance Letter 
(TEGL) No. 15-10; http://wdr.doleta.gov/directives/attach/TEGL15-10.pdf).
---------------------------------------------------------------------------

    The State Vocational Rehabilitation (VR) Services program is the 
primary Federal vehicle in the workforce development system for 
assisting individuals with disabilities, particularly individuals with 
the most significant disabilities, to prepare for, obtain, retain, or 
advance in competitive integrated employment. As required partners in 
the one-stop service delivery system established under WIOA for 
accessing employment and training services, State VR agencies must 
coordinate and collaborate with other entities, including employers, 
educational and non-educational agencies working with youth, and other 
agencies and programs providing services to individuals with 
disabilities. However, to increase the employment of individuals with 
disabilities, State VR agencies need employment approaches that are 
effective in assisting individuals to attain knowledge and skills that 
can lead to employment in high-demand occupations.
    Through this proposed priority, the Office of Special Education and 
Rehabilitative Services seeks to support collaborations between State 
VR agencies, secondary and postsecondary educational institutions, 
workforce centers and other training providers, human and social 
service agencies, employers, and other community stakeholders. These 
collaborations will demonstrate how career pathways can help 
individuals with disabilities served by State VR agencies to acquire 
the marketable skills and to attain recognized postsecondary 
credentials that lead to employment in high-demand occupations.
References
U.S. Census Bureau (2012). Nearly 1 in 5 People Have a Disability in 
the U.S., Census Bureau Reports. News Release. https://www.census.gov/newsroom/releases/archives/miscellaneous/cb12-134.html.
U.S. Department of Labor, Bureau of Labor Statistics (2015). The 
Employment Situation, Economic News Release (3/6/15). http://www.bls.gov/news.release/empsit.nr0.htm.
U.S. Department of Labor Training and Employment Guidance Letter 
(TEGL) No. 15-10, Increasing Credential, Degree, and Certificate 
Attainment by Participants of the Public Workforce System.
Kessler Foundation and University of New Hampshire. (2015). nTIDE 
Jobs Report: Rising Tide Continues to Raise Workers with 
Disabilities, Monthly Update. (3/6/2015). http://us2.campaign-archive1.com/?u=767afbe8bd6db50de03889b40&id=eb4a1ab921&e=e235f2eadb.
Proposed Priority
    The Assistant Secretary for Special Education and Rehabilitative 
Services proposes a priority designed to demonstrate promising 
practices in the use of career pathways (as defined in this notice) in 
order to improve employment outcomes for individuals with disabilities 
(as defined in this notice). Specifically, the purpose of the proposed 
priority is to establish a model demonstration project designed to 
promote State vocational rehabilitation (VR) agency partnerships in the 
development and use of career pathways to help individuals with 
disabilities eligible for VR services, including youth with 
disabilities (as defined in this notice), to acquire marketable skills 
and recognized postsecondary credentials (as defined in this notice).
    Eligible Applicants: Under this proposed priority, an applicant 
must be either a State VR agency or a consortium of State VR agencies.
    Project Requirements: Under this proposed priority, the model 
demonstration proposed by an applicant must, at a minimum--
    (a) Develop and implement a collaborative model project 
demonstrating promising practices and strategies in the use of career 
pathways to improve the skills of individuals with disabilities, 
including youth with disabilities, and help them attain credentials 
that lead to employment in high-demand occupations. The model must be 
implemented at multiple sites to ensure its replicability. The career 
pathways must lead to one or more occupational clusters (as defined in 
this notice);
    (b) Establish partnerships between the VR agencies, employers, 
agencies, and entities that are critical to the development of career 
pathways and the alignment of education, training, employment, and 
human and social services. At a minimum, the partnership should include 
representatives from the public educational agency or agencies 
responsible for providing transition services to students with 
disabilities under the Individuals with Disabilities Education Act and 
representatives from two-year and four-year institutions of higher 
education, American Job Centers, workforce training providers 
(including apprenticeship providers), and employers who will work in 
collaboration to develop and provide postsecondary education and 
training for individuals with disabilities served under this project;
    (c) Include the following career pathway components:
    (1) Alignment of secondary and postsecondary education, training, 
employment, and human services with the skill needs of targeted 
industry sectors important to local, regional, or State economies;
    (2) Rigorous, sequential, connected, and efficient curricula that 
connect basic education and skills training courses and that integrate 
education with training;
    (3) Multiple entry and exit points for individuals with 
disabilities entering and exiting training;
    (4) Comprehensive support services that are designed to ensure the 
individual's success in completing education and training programs:
    (i) Financial supports, career counseling, child care, and 
transportation;

[[Page 27876]]

    (ii) Educational supports (e.g., tutors, on-campus supports such as 
writing labs, math labs, and disability services);
    (iii) Self-advocacy training (e.g., understanding how to request 
services and supports needed in the transition from secondary to post-
secondary education and employment, and increasing knowledge of rights 
under disability laws); and
    (iv) Appropriate assistive technology services and devices;
    (5) Flexible design of education and training programs and services 
to meet the particular needs of individuals with disabilities, 
including flexible work schedules, alternative class times and 
locations, and the innovative use of technology;
    (6) Education and training programs that focus on the attainment of 
secondary education and recognized postsecondary credentials, sector-
specific employment, educational advancement over time and employment 
within a sector, including curriculum and instructional strategies 
designed to develop the following knowledge and skills:
    (i) Career exploration and career readiness skills;
    (ii) Basic academic skills needed to demonstrate knowledge 
competencies in an occupation or occupational cluster, including 
remedial skills to address gaps in basic reading, writing, and math 
skills;
    (iii) Career and technical skills leading to employment in 
technical careers, including employment in the skilled trades; and
    (iv) Soft skills (e.g., understanding learning styles, identifying 
strengths and weaknesses);
    (d) Collaborate with other federally-funded career pathway 
initiatives conducting activities relevant to the work of its proposed 
project; and
    (e) Develop and conduct an evaluation of the project's performance 
in achieving project goals and objectives, including an evaluation of 
the effectiveness of the practices and strategies implemented by the 
project.
    Application Requirements: To be considered for funding under this 
proposed priority, an applicant must meet the proposed application 
requirements in this proposed priority. The proposed application 
requirements are:
    (a) A detailed review of the literature that supports the potential 
effectiveness of the proposed model, its components, and processes to 
improve outcomes for individuals with disabilities;
    (b) A logic model that communicates how the demonstration project 
will achieve its outcomes and provides a framework for project 
evaluation. The logic model must depict, at a minimum, the goals, 
activities, outputs, and outcomes of the proposed model demonstration 
project;
    (c) A description of the applicant's plan for implementing the 
project, including a description of--
    (1) A cohesive, articulated model of partnership and coordination 
among the participating agencies and organizations;
    (2) The coordinated set of promising practices and strategies in 
the use and development of career pathways that are aligned with 
employment, training, and education programs and reflect the needs of 
employers and individuals with disabilities; and
    (3) How the proposed project will--
    (i) Identify local workforce needs, aligned with the skill needs of 
targeted industry sectors important to local, regional, or State 
economies;
    (ii) Involve employers in the project design and in partnering with 
project staff to develop integrated community settings for assessments, 
job shadowing, internships, apprenticeships, and other paid and unpaid 
work experiences that are designed to lead to competitive integrated 
employment for individuals with disabilities, including youth with 
disabilities;
    (iii) Conduct outreach activities to identify individuals with 
disabilities for whom the career pathways approach would enable them to 
achieve competitive integrated employment in career clusters identified 
in their application; and
    (iv) Develop strategies for involving families that will increase 
the likelihood for successful educational and employment outcomes for 
individuals with disabilities.
    (d) The methods and criteria that will be used to select the sites 
at which the project activities will be implemented;
    (e) Evidence (e.g., letter of support or draft agreement) that the 
State VR agency has specific agreements with its partners in the 
development and implementation of the project;
    (f) A plan for evaluating the project's performance, including an 
evaluation of the effectiveness of the practices and strategies 
implemented by the project, in achieving project goals and objectives. 
Specifically, the evaluation plan must include a description of:
    (1) Project goals, measurable objectives, and operational 
definitions;
    (2) the data to be collected;
    (3) how the data will be analyzed; and
    (4) the outcomes for individuals with disabilities served by the 
project compared with the outcomes of individuals with disabilities not 
receiving project services.
    (g) At a minimum, the data collected must include:
    (1) the relevant RSA-911 Case Service Report data for each project 
participant;
    (2) the number of participants who enter a career pathway;
    (3) the number of participants who complete training in a career 
pathway; and
    (4) the number of participants who attain a recognized 
postsecondary credential and the type of credentials attained.
    (h) A plan for systematic dissemination of project findings and 
knowledge gained that will assist State and local agencies in adapting 
or replicating the model career pathways developed and implemented by 
the project, which could include elements such as development of a Web 
site, community of practice, and participation in national and State 
conferences;
    (i) An assurance that the employment goal for all individuals 
served under this priority will be competitive integrated employment, 
including customized or supported employment; and
    (j) An assurance that the project will collaborate with other 
federally-funded career pathway initiatives conducting activities 
relevant to its work.
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)).

[[Page 27877]]

Proposed Definitions

Background

    The following definitions are proposed to ensure that applicants 
have a clear understanding of how we are using these terms in the 
priority. These definitions are based on defined statutory terms in 
WIOA, the Rehabilitation Act and definitions that the Department uses 
or relies on in other contexts. Although we cannot make changes to the 
text of statutory definitions, we announce them along with our other 
proposed definitions below to provide notice of our intent to use them 
in the context of this program.

Proposed Definitions

    The Assistant Secretary proposes the following definitions for this 
program. We may apply one or more of these definitions in any year in 
which this program is in effect.
    Career Pathway means a combination of rigorous and high-quality 
education, training, and other services that--
    (a) Aligns with the skill needs of industries in the economy of the 
State or regional economy involved;
    (b) Prepares an individual to be successful in any of a full range 
of secondary or postsecondary education options, including 
apprenticeships registered under the Act of August 16, 1937 (commonly 
known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 
663; 29 U.S.C. 50 et seq.);
    (c) Includes counseling to support an individual in achieving the 
individual's education and career goals;
    (d) Includes, as appropriate, education offered concurrently with 
and in the same context as workforce preparation activities and 
training for a specific occupation or occupational cluster;
    (e) Organizes education, training, and other services to meet the 
particular needs of an individual in a manner that accelerates the 
educational and career advancement of the individual to the extent 
practicable;
    (f) Enables an individual to attain a secondary school diploma or 
its recognized equivalent, and at least one recognized postsecondary 
credential; and
    (g) Helps an individual enter or advance within a specific 
occupation or occupational cluster. Source: Section 3(7) of WIOA.
    Competitive integrated employment means work that is performed on a 
full-time or part-time basis (including self-employment)--
    (a) For which an individual--
    (1) Is compensated at a rate that--
    (i)(A) Shall be not less than the higher of the rate specified in 
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
206(a)(1)) or the rate specified in the applicable State or local 
minimum wage law; and
    (B) Is not less than the customary rate paid by the employer for 
the same or similar work performed by other employees who are not 
individuals with disabilities, and who are similarly situated in 
similar occupations by the same employer and who have similar training, 
experience, and skills; or
    (ii) In the case of an individual who is self-employed, yields an 
income that is comparable to the income received by other individuals 
who are not individuals with disabilities, and who are self-employed in 
similar occupations or on similar tasks and who have similar training, 
experience, and skills; and
    (2) Is eligible for the level of benefits provided to other 
employees;
    (b) That is at a location where the employee interacts with other 
persons who are not individuals with disabilities (not including 
supervisory personnel or individuals who are providing services to such 
employee) to the same extent that individuals who are not individuals 
with disabilities and who are in comparable positions interact with 
other persons; and
    (c) That, as appropriate, presents opportunities for advancement 
that are similar to those for other employees who are not individuals 
with disabilities and who have similar positions. Source: Section 7(5) 
of the Rehabilitation Act.
    Individual with a disability means any individual who--
    (a) Has a physical or mental impairment which for such individual 
constitutes or results in a substantial impediment to employment; and
    (b) Can benefit in terms of an employment outcome from vocational 
rehabilitation services provided pursuant to Title I, III, or VI of the 
Rehabilitation Act. Source: Section 7(20) of the Rehabilitation Act.
    Occupational cluster means a group of occupations and broad 
industries based on common knowledge and skills, job requirements or 
worker characteristics. Source: Adopted from Career Pathways Toolkit, 
DOL.
    Recognized postsecondary credential means a credential consisting 
of an industry-recognized certificate or certification, a certificate 
of completion of an apprenticeship, a license recognized by the State 
involved or Federal Government, or an associate or baccalaureate 
degree. Source: Section 3(52) of WIOA.
    Youth with a disability means an individual with a disability who--
    (a) Is not younger than 14 years of age; and
    (b) Is not older than 24 years of age.
    Source: Section 7(42) of the Rehabilitation Act.

Final Priority

    We will announce the final priority and definitions in a notice in 
the Federal Register. We will determine the final priority and 
definitions after considering responses to this notice and other 
information available to the Department. This notice 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 one or more of this priority and these 
proposed definitions, we invite applications through a notice in the 
Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine 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 a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive Order.
    This proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3(f) of Executive Order 
12866.
    We have also reviewed this proposed regulatory action under 
Executive Order 13563, which supplements and explicitly reaffirms the 
principles, structures, and definitions governing regulatory review 
established in Executive Order 12866. To the extent permitted by law, 
Executive Order 13563 requires that an agency--

[[Page 27878]]

    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing this proposed priority and these proposed 
definitions only on a reasoned determination that their benefits would 
justify their costs. In choosing among alternative regulatory 
approaches, we selected those approaches that would maximize net 
benefits. Based on the analysis that follows, the Department believes 
that this regulatory action is consistent with the principles in 
Executive Order 13563.
    We also have determined that this regulatory action would not 
unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.
    The benefits of the Demonstration and Training program have been 
well established over the years through the successful completion of 
similar projects. For example, the projects first funded in FY 2007 to 
demonstrate collaborative practices that lead to postsecondary 
education and employment of youth with disabilities have served as a 
rich source of practices for the VR field. This proposed priority and 
these proposed definitions would promote projects that would serve as 
models in developing and implementing career pathways for individuals 
with disabilities that could be replicated by other State VR agencies 
so that such agencies could improve employment outcomes for individuals 
with disabilities.
    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: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.thefederalregister.org/fdsys. 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 Adobe 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.

    Dated: May 12, 2015.
Sue Swenson,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2015-11829 Filed 5-14-15; 8:45 am]
 BILLING CODE 4000-01-P
27876 Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Proposed Rules

(ii) Educational supports (e.g., tutors, framework for project evaluation. The individuals with disabilities not
on-campus supports such as writing logic model must depict, at a minimum, receiving project services.
labs, math labs, and disability services); the goals, activities, outputs, and (g) At a minimum, the data collected
(iii) Self-advocacy training (e.g., outcomes of the proposed model must include:
understanding how to request services demonstration project; (1) the relevant RSA–911 Case Service
and supports needed in the transition (c) A description of the applicant’s Report data for each project participant;
from secondary to post-secondary plan for implementing the project, (2) the number of participants who
education and employment, and including a description of— enter a career pathway;
increasing knowledge of rights under (1) A cohesive, articulated model of (3) the number of participants who
disability laws); and partnership and coordination among the
(iv) Appropriate assistive technology complete training in a career pathway;
participating agencies and and
services and devices; organizations;
(5) Flexible design of education and (4) the number of participants who
(2) The coordinated set of promising
training programs and services to meet attain a recognized postsecondary
practices and strategies in the use and
the particular needs of individuals with credential and the type of credentials
development of career pathways that are
disabilities, including flexible work attained.
aligned with employment, training, and
schedules, alternative class times and education programs and reflect the (h) A plan for systematic
locations, and the innovative use of needs of employers and individuals dissemination of project findings and
technology; with disabilities; and knowledge gained that will assist State
(6) Education and training programs (3) How the proposed project will— and local agencies in adapting or
that focus on the attainment of (i) Identify local workforce needs, replicating the model career pathways
secondary education and recognized aligned with the skill needs of targeted developed and implemented by the
postsecondary credentials, sector- industry sectors important to local, project, which could include elements
specific employment, educational regional, or State economies; such as development of a Web site,
advancement over time and community of practice, and
(ii) Involve employers in the project
employment within a sector, including participation in national and State
design and in partnering with project
curriculum and instructional strategies conferences;
staff to develop integrated community
designed to develop the following settings for assessments, job shadowing, (i) An assurance that the employment
knowledge and skills: internships, apprenticeships, and other goal for all individuals served under
(i) Career exploration and career paid and unpaid work experiences that this priority will be competitive
readiness skills; are designed to lead to competitive integrated employment, including
(ii) Basic academic skills needed to customized or supported employment;
integrated employment for individuals
demonstrate knowledge competencies and
with disabilities, including youth with
in an occupation or occupational (j) An assurance that the project will
disabilities;
cluster, including remedial skills to collaborate with other federally-funded
(iii) Conduct outreach activities to
address gaps in basic reading, writing, career pathway initiatives conducting
identify individuals with disabilities for
and math skills; activities relevant to its work.
whom the career pathways approach
(iii) Career and technical skills
would enable them to achieve Types of Priorities
leading to employment in technical
competitive integrated employment in
careers, including employment in the When inviting applications for a
career clusters identified in their
skilled trades; and competition using one or more
(iv) Soft skills (e.g., understanding application; and
(iv) Develop strategies for involving priorities, we designate the type of each
learning styles, identifying strengths priority as absolute, competitive
and weaknesses); families that will increase the likelihood
for successful educational and preference, or invitational through a
(d) Collaborate with other federally- notice in the Federal Register. The
funded career pathway initiatives employment outcomes for individuals
with disabilities. effect of each type of priority follows:
conducting activities relevant to the
(d) The methods and criteria that will Absolute priority: Under an absolute
work of its proposed project; and
(e) Develop and conduct an be used to select the sites at which the priority, we consider only applications
evaluation of the project’s performance project activities will be implemented; that meet the priority (34 CFR
in achieving project goals and (e) Evidence (e.g., letter of support or 75.105(c)(3)).
objectives, including an evaluation of draft agreement) that the State VR Competitive preference priority:
the effectiveness of the practices and agency has specific agreements with its Under a competitive preference priority,
strategies implemented by the project. partners in the development and we give competitive preference to an
Application Requirements: To be implementation of the project; application by (1) awarding additional
considered for funding under this (f) A plan for evaluating the project’s points, depending on the extent to
proposed priority, an applicant must performance, including an evaluation of which the application meets the priority
meet the proposed application the effectiveness of the practices and (34 CFR 75.105(c)(2)(i)); or (2) selecting
requirements in this proposed priority. strategies implemented by the project, an application that meets the priority
The proposed application requirements in achieving project goals and over an application of comparable merit
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS

are: objectives. Specifically, the evaluation that does not meet the priority (34 CFR
(a) A detailed review of the literature plan must include a description of: 75.105(c)(2)(ii)).
that supports the potential effectiveness (1) Project goals, measurable Invitational priority: Under an
of the proposed model, its components, objectives, and operational definitions; invitational priority, we are particularly
and processes to improve outcomes for (2) the data to be collected; interested in applications that meet the
individuals with disabilities; (3) how the data will be analyzed; and priority. However, we do not give an
(b) A logic model that communicates (4) the outcomes for individuals with application that meets the priority a
how the demonstration project will disabilities served by the project preference over other applications (34
achieve its outcomes and provides a compared with the outcomes of CFR 75.105(c)(1)).

VerDate Sep<11>2014 15:09 May 14, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM 15MYP1
Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Proposed Rules 27877

Proposed Definitions the Fair Labor Standards Act of 1938 (29 (a) Is not younger than 14 years of age;
U.S.C. 206(a)(1)) or the rate specified in and
Background (b) Is not older than 24 years of age.
the applicable State or local minimum
The following definitions are wage law; and Source: Section 7(42) of the
proposed to ensure that applicants have (B) Is not less than the customary rate Rehabilitation Act.
a clear understanding of how we are paid by the employer for the same or Final Priority
using these terms in the priority. These similar work performed by other
definitions are based on defined employees who are not individuals with We will announce the final priority
statutory terms in WIOA, the disabilities, and who are similarly and definitions in a notice in the
Rehabilitation Act and definitions that situated in similar occupations by the Federal Register. We will determine the
the Department uses or relies on in same employer and who have similar final priority and definitions after
other contexts. Although we cannot training, experience, and skills; or considering responses to this notice and
make changes to the text of statutory (ii) In the case of an individual who other information available to the
definitions, we announce them along is self-employed, yields an income that Department. This notice does not
with our other proposed definitions is comparable to the income received by preclude us from proposing additional
below to provide notice of our intent to other individuals who are not priorities, requirements, definitions, or
use them in the context of this program. individuals with disabilities, and who selection criteria, subject to meeting
are self-employed in similar applicable rulemaking requirements.
Proposed Definitions
occupations or on similar tasks and who Note: This notice does not solicit
The Assistant Secretary proposes the have similar training, experience, and applications. In any year in which we choose
following definitions for this program. skills; and to use one or more of this priority and these
We may apply one or more of these (2) Is eligible for the level of benefits proposed definitions, we invite applications
definitions in any year in which this through a notice in the Federal Register.
provided to other employees;
program is in effect. (b) That is at a location where the
Career Pathway means a combination Executive Orders 12866 and 13563
employee interacts with other persons
of rigorous and high-quality education, who are not individuals with Regulatory Impact Analysis
training, and other services that— disabilities (not including supervisory
(a) Aligns with the skill needs of Under Executive Order 12866, the
personnel or individuals who are Secretary must determine whether this
industries in the economy of the State providing services to such employee) to
or regional economy involved; regulatory action is ‘‘significant’’ and,
the same extent that individuals who therefore, subject to the requirements of
(b) Prepares an individual to be
are not individuals with disabilities and the Executive order and subject to
successful in any of a full range of
secondary or postsecondary education who are in comparable positions review by the Office of Management and
options, including apprenticeships interact with other persons; and Budget (OMB). Section 3(f) of Executive
(c) That, as appropriate, presents Order 12866 defines a ‘‘significant
registered under the Act of August 16,
opportunities for advancement that are regulatory action’’ as an action likely to
1937 (commonly known as the
similar to those for other employees result in a rule that may—
‘‘National Apprenticeship Act’’; 50 Stat.
who are not individuals with (1) Have an annual effect on the
664, chapter 663; 29 U.S.C. 50 et seq.);
(c) Includes counseling to support an disabilities and who have similar economy of $100 million or more, or
individual in achieving the individual’s positions. Source: Section 7(5) of the adversely affect a sector of the economy,
education and career goals; Rehabilitation Act. productivity, competition, jobs, the
(d) Includes, as appropriate, Individual with a disability means any environment, public health or safety, or
education offered concurrently with and individual who— State, local, or tribal governments or
in the same context as workforce (a) Has a physical or mental communities in a material way (also
preparation activities and training for a impairment which for such individual referred to as an ‘‘economically
specific occupation or occupational constitutes or results in a substantial significant’’ rule);
cluster; impediment to employment; and (2) Create serious inconsistency or
(e) Organizes education, training, and (b) Can benefit in terms of an otherwise interfere with an action taken
other services to meet the particular employment outcome from vocational or planned by another agency;
needs of an individual in a manner that rehabilitation services provided (3) Materially alter the budgetary
accelerates the educational and career pursuant to Title I, III, or VI of the impacts of entitlement grants, user fees,
advancement of the individual to the Rehabilitation Act. Source: Section or loan programs or the rights and
extent practicable; 7(20) of the Rehabilitation Act. obligations of recipients thereof; or
(f) Enables an individual to attain a Occupational cluster means a group (4) Raise novel legal or policy issues
secondary school diploma or its of occupations and broad industries arising out of legal mandates, the
recognized equivalent, and at least one based on common knowledge and skills, President’s priorities, or the principles
recognized postsecondary credential; job requirements or worker stated in the Executive Order.
and characteristics. Source: Adopted from This proposed regulatory action is not
(g) Helps an individual enter or Career Pathways Toolkit, DOL. a significant regulatory action subject to
advance within a specific occupation or Recognized postsecondary credential review by OMB under section 3(f) of
occupational cluster. Source: Section means a credential consisting of an Executive Order 12866.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS

3(7) of WIOA. industry-recognized certificate or We have also reviewed this proposed
Competitive integrated employment certification, a certificate of completion regulatory action under Executive Order
means work that is performed on a full- of an apprenticeship, a license 13563, which supplements and
time or part-time basis (including self- recognized by the State involved or explicitly reaffirms the principles,
employment)— Federal Government, or an associate or structures, and definitions governing
(a) For which an individual— baccalaureate degree. Source: Section regulatory review established in
(1) Is compensated at a rate that— 3(52) of WIOA. Executive Order 12866. To the extent
(i)(A) Shall be not less than the higher Youth with a disability means an permitted by law, Executive Order
of the rate specified in section 6(a)(1) of individual with a disability who— 13563 requires that an agency—

VerDate Sep<11>2014 15:09 May 14, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM 15MYP1
Document Created: 2018-02-21 10:27:24
Document Modified: 2018-02-21 10:27:24
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed priority and definitions.
Dates		We must receive your comments on or before June 15, 2015.
Contact		RoseAnn Ashby. Telephone: (202) 245- 7258 or by email: [email protected]
FR Citation		80 FR 27874