80 FR 34579 - Proposed Priority-Rehabilitation Training: Vocational Rehabilitation Workforce Innovation Technical Assistance Center

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 116 (June 17, 2015)

Page Range		34579-34583
FR Document		2015-14940
The Assistant Secretary for Special Education and Rehabilitative Services proposes a priority to establish the Workforce Innovation Technical Assistance Center. The Assistant Secretary may use this priority for competitions in fiscal year (FY) 2015 and later years. We take this action to provide training and technical assistance (TA) to State vocational rehabilitation (VR) agencies to improve services under the State Vocational Rehabilitation Services program (VR program) and State Supported Employment Services program for individuals with disabilities, including those with the most significant disabilities, and to implement changes to the Rehabilitation Act of 1973, as amended by the Workforce Innovation and Opportunity Act (WIOA), signed into law on July 22, 2014.
Federal Register, Volume 80 Issue 116 (Wednesday, June 17, 2015)
[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Proposed Rules]
[Pages 34579-34583]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14940]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2015-OSERS-0069]


Proposed Priority--Rehabilitation Training: Vocational 
Rehabilitation Workforce Innovation Technical Assistance Center

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

ACTION: Proposed priority.

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[CFDA Number: 84.264G.]

SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services proposes a priority to establish the Workforce 
Innovation Technical Assistance Center. The Assistant Secretary may use 
this priority for competitions in fiscal year (FY) 2015 and later 
years. We take this action to provide training and technical assistance 
(TA) to State vocational rehabilitation (VR) agencies to improve 
services under the State Vocational Rehabilitation Services program (VR 
program) and State Supported Employment Services program for 
individuals with disabilities, including those with the most 
significant disabilities, and to implement changes to the 
Rehabilitation Act of 1973, as amended by the Workforce Innovation and 
Opportunity Act (WIOA), signed into law on July 22, 2014.

DATES: We must receive your comments on or before July 17, 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 the proposed priority, address them 
to Jerry Elliott, U.S. Department of Education, 400 Maryland Avenue 
SW., Room 5042, Potomac Center Plaza (PCP), Washington, DC 20202-2800.
    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 that they wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: Jerry Elliott. Telephone: (202) 245-
7335 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, we urge you to identify 
clearly the specific section of the proposed priority 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. 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 5021, 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: Under the Rehabilitation Act of 1973 
(Rehabilitation Act), as amended by WIOA, the Rehabilitation Services 
Administration (RSA) makes grants to States and public or nonprofit 
agencies and organizations (including institutions of higher education) 
to support projects that provide training, traineeships, and TA 
designed to increase the numbers of, and improve the skills of, 
qualified personnel (especially rehabilitation counselors) who are 
trained to provide vocational, medical, social, and psychological 
rehabilitation services to individuals with disabilities; assist 
individuals with communication and related disorders; and provide other 
services authorized under the Rehabilitation Act.

    Program Authority: 29 U.S.C. 772(a)(1).

    Proposed Priority:
    This notice contains one proposed priority.
    Workforce Innovation Technical Assistance Center. Background:
    WIOA supersedes the Workforce Investment Act of 1998 and amends the 
Rehabilitation Act, making major changes that affect the management and 
performance of the VR program and Supported Employment program. Among 
the changes are: (a) A requirement that States reserve at least 15 
percent of their Federal VR allotment for providing or arranging for 
the provision of pre-employment transition services to students with 
disabilities; (b) a requirement that States reserve at least 50 percent 
of their Federal Supported Employment allotment for the provision of 
supported employment services, including extended services, to youth 
with the most significant disabilities; (c) a requirement that States 
provide a 10 percent non-Federal share to match the 50 percent of 
Supported Employment allotment reserved for the provision of supported 
employment services to youth with the most significant disabilities; 
(d) a requirement that VR agencies provide documentation of the 
completion of certain specified activities to individuals with 
disabilities, including youth with disabilities, seeking or wanting to 
maintain employment at a subminimum wage; (e) a heightened emphasis on 
the achievement of competitive integrated employment by individuals 
with disabilities; (f) enhanced coordination

[[Page 34580]]

and integration of the VR program with other core programs of the 
workforce development system; and (g) new common performance 
accountability requirements for all core programs of the workforce 
development system, including the State VR program.
    While some of these changes affect documentation or reporting 
requirements, others represent significant changes in the management 
and operation of the State VR program and the Supported Employment 
program. As such, RSA believes that it is appropriate to provide 
training and TA on the new statutory requirements imposed by WIOA.
    RSA believes that a dedicated TA center would help collect and 
disseminate information about relevant existing, emerging, and 
evidence-based practices; assist in developing and disseminating new 
approaches and practices; and coordinate and share activities and 
approaches related to implementation of WIOA in the topic areas for 
this priority so that States have the benefit of learning from each 
other as WIOA implementation proceeds.
    Proposed Priority:
    The Assistant Secretary for Special Education and Rehabilitative 
Services proposes a priority to establish a cooperative agreement to 
create a Workforce Innovation Technical Assistance Center (WITAC) to 
assist VR agencies in implementing changes affecting the State 
Vocational Rehabilitation Services and State Supported Employment 
Services programs under WIOA, and to achieve, at a minimum, the 
following outcomes:
    (a) Implementation of effective and efficient ``pre-employment 
transition services'' for students with disabilities, as set forth in 
section 113 of the Rehabilitation Act;
    (b) Implementation by State VR agencies, in coordination with local 
and State educational agencies and with the Department of Labor, of the 
requirements in section 511 of the Rehabilitation Act that are under 
the purview of the Department of Education;
    (c) Increased access to supported employment and customized 
employment services for individuals with the most significant 
disabilities, including youth with the most significant disabilities, 
receiving services under the State VR and Supported Employment 
programs;
    (d) An increased percentage of individuals with disabilities who 
receive services through the State VR agency and who achieve employment 
outcomes in competitive integrated employment;
    (e) Improved collaboration between State VR agencies and other core 
programs of the workforce development system; and
    (f) Implementation of the new common performance accountability 
system under section 116 of WIOA.
    Topic Areas.
    The WITAC will develop and provide training and technical 
assistance (TA) to State VR agency staff and related rehabilitation 
professionals and service providers in five topic areas related to 
changes made by WIOA:
    (a) Provision of pre-employment transition services to students 
with disabilities and supported employment services to youth with 
disabilities;
    (b) Implementation of the requirements in section 511 of the 
Rehabilitation Act that are under the purview of the Department of 
Education;
    (c) Provision of resources and strategies to help individuals with 
disabilities achieve competitive integrated employment, including 
customized employment and supported employment;
    (d) Integration of the State VR program into the workforce 
development system; and
    (e) Transition to the new common performance accountability system 
under section 116 of WIOA, including the collection and reporting of 
common data elements.
    Project Activities.
    To meet the requirements of this priority, the WITAC must, at a 
minimum, conduct the following activities:
    Knowledge Development Activities.
    (a) In the first year, collect information from the literature and 
from existing State and Federal programs about evidence-based and 
promising practices relevant to the work of the WITAC and make this 
information publicly available in a searchable, accessible, and useful 
format. The WITAC must review, at a minimum:
    (1) Literature on evidence-based and promising practices relevant 
to the work of the WITAC;
    (2) The results of State VR agency monitoring conducted by RSA;
    (3) State VR agency program and performance data;
    (4) Department of Education and Department of Labor policies and 
guidance on program changes made by WIOA and implementation of those 
changes; and
    (5) Any existing State VR agency memoranda of understanding (MOUs) 
or agreement (MOAs) related to the work of the WITAC.
    (b) In the first year, conduct a survey of relevant stakeholders 
and VR service providers to identify workforce development TA needs and 
a process by which TA solutions can be offered to State VR agencies and 
their partners. The WITAC must survey, at a minimum:
    (1) State VR agency staff;
    (2) Relevant RSA staff; and
    (3) Other stakeholders, including stakeholders from the transition 
and special education community, the workforce development community, 
and the rehabilitation community.
    (c) Develop and refine one or more curriculum guides for VR staff 
training for each of the topic areas listed in the Topic Areas section 
of this priority.
    Technical Assistance and Dissemination Activities.
    (a) Provide intensive, sustained TA \1\ to a minimum of 23 State VR 
agencies and their associated rehabilitation professionals and service 
providers in the topic areas set out in this priority. The WITAC must 
provide intensive, sustained TA to a minimum of two agencies in the 
first year of the project and to a minimum of seven additional agencies 
per year in the second, third, and fourth years of the project. These 
are minimum requirements, and the expectation is that intensive, 
sustained TA will be provided, to the extent funds are available, to 
all of the State VR agencies that request intensive, sustained TA. This 
TA must include:
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    \1\ For the purposes of this priority, ``intensive, sustained 
technical assistance'' means TA services often provided on-site and 
requiring a stable, ongoing relationship between the TA center staff 
and the TA recipient. ``Technical assistance services'' are defined 
as negotiated series of activities designed to reach a valued 
outcome. This category of TA should result in changes to policy, 
program, practice, or operations that support increased recipient 
capacity or improved outcomes at one or more systems levels.
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    (1) For topic area (a), how to--
    (i) Develop, manage, and implement effective pre-employment 
transition services to improve the transition of students with 
disabilities from secondary to postsecondary education and employment;
    (ii) Coordinate pre-employment transition services with transition 
services provided under IDEA; and
    (iii) Develop and implement supported employment services for youth 
with the most significant disabilities;
    (2) For topic area (b):
    (i) How to provide career-related counseling, information, and 
referral services to individuals entering and continuing employment at 
subminimum wages; and
    (ii) How to implement documentation requirements for youth with 
disabilities seeking employment at subminimum wage, in accordance with 
section 511 of the Rehabilitation Act;

[[Page 34581]]

    (3) For topic area (c), how to design and implement new services 
and new roles and responsibilities among partner agencies to increase 
the percentage of individuals achieving competitive integrated 
employment and to meet the supported employment and customized 
employment requirements of the Rehabilitation Act;
    (4) For topic area (d), how to develop model relationships between 
State VR agencies and other core programs of the workforce development 
system for purposes of implementing the requirements of title I of 
WIOA, especially those requirements related to integration of core 
programs into the workforce development system; and
    (5) For topic area (e), how to effectively transition to the new 
common performance accountability system required in section 116 of 
WIOA and use performance results to implement programmatic changes to 
improve agency performance.
    (b) Provide a range of targeted, specialized TA \2\ and universal, 
general TA \3\ products and services on the topic areas in this 
priority. This TA must include, at a minimum, the following activities:
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    \2\ For the purposes of this priority, ``targeted, specialized 
technical assistance'' means TA services based on needs common to 
multiple recipients and not extensively individualized. A 
relationship is established between the TA recipient and one or more 
TA center staff. This category of TA includes one-time, labor-
intensive events, such as facilitating strategic planning or hosting 
regional or national conferences. It can also include episodic, less 
labor-intensive events that extend over a period of time, such as 
facilitating a series of conference calls on single or multiple 
topics that are designed around the needs of the recipients. 
Facilitating communities of practice can also be considered 
targeted, specialized TA.
    \3\ For the purposes of this priority, ``universal, general 
technical assistance'' means TA and information provided to 
independent users through their own initiative, resulting in minimal 
interaction with TA center staff and including one-time, invited or 
offered conference presentations by TA center staff. This category 
of TA also includes information or products, such as newsletters, 
guidebooks, or research syntheses, downloaded from the TA center's 
Web site by independent users. Brief communications by TA center 
staff with recipients, either by telephone or email, are also 
considered universal, general TA.
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    (1) Establishing and maintaining a state-of-the-art information 
technology (IT) platform sufficient to support Webinars, 
teleconferences, video conferences, and other virtual methods of 
dissemination of information and TA.

    Note: All products produced by WITAC must meet government- and 
industry-recognized standards for accessibility, including section 
508 of the Rehabilitation Act.

    (2) Developing and maintaining a state-of-the-art archiving and 
dissemination system that--
    (i) Provides a central location for later use of TA products, 
including course curricula, audiovisual materials, Webinars, examples 
of emerging and best practices for the topic areas in this priority, 
and any other TA products; and
    (ii) Is open and available to the public.

    Note: In meeting the requirements for (b)(1) and (2) above, the 
WITAC may either develop new platforms or systems or may modify 
existing platforms or systems, so long as the requirements of this 
priority are met.

    (3) Providing a minimum of two Webinars or video conferences over 
the course of the project on each of the topic areas in this priority 
to describe and disseminate information about emerging and best 
practices in each area.
    Coordination Activities.
    (a) Establish one or more communities of practice that focus on the 
topic areas in this priority and that act as vehicles for communication 
and exchange of information among State VR agencies and partners, 
including the results of TA projects that are in progress or have been 
completed;
    (b) Communicate, collaborate, and coordinate, on an ongoing basis, 
with other relevant Department-funded projects and those supported by 
the Social Security Administration (SSA) and the Departments of Labor, 
Health and Human Services, and Commerce; and
    (c) Maintain ongoing communication with the RSA project officer and 
other RSA staff as required.
    Application Requirements.
    To be funded under this priority, applicants must meet the 
application and administrative requirements in this priority. RSA 
encourages innovative approaches to meet these requirements, which are:
    (a) Demonstrate, in the narrative section of the application under 
``Significance of the Project,'' how the proposed project will address 
State VR agencies' capacity to implement the requirements of WIOA. To 
meet this requirement, the applicant must:
    (1) Demonstrate knowledge of current RSA guidance and State and 
Federal initiatives designed to improve engagement with the workforce 
development system and workforce development system partners;
    (2) Demonstrate knowledge of current State VR agency and other 
efforts to improve engagement with secondary schools, youth programs, 
and other programs that provide services to youth with disabilities for 
the purpose of assisting such youth to enter postsecondary education or 
competitive integrated employment; and
    (3) Demonstrate knowledge of current State VR agency efforts to 
engage with State Medicaid, developmental disability, and mental health 
agencies to develop agreements and provide services leading to 
competitive integrated employment, including supported employment and 
customized employment.
    (b) Demonstrate, in the narrative section of the application under 
``Quality of Project Services,'' how the proposed project will--
    (1) Achieve its goals, objectives, and intended outcomes. To meet 
this requirement, the applicant must provide--
    (i) Measurable intended project outcomes;
    (ii) A plan for how the proposed project will achieve its intended 
outcomes; and
    (iii) A plan for communicating, collaborating, and coordinating 
with key staff in State VR agencies; State and local partner programs; 
RSA partners, such as the Council of State Administrators of Vocational 
Rehabilitation, the National Association of State Directors of Special 
Education, the National Council of State Agencies for the Blind, and 
other TA centers; and relevant programs within SSA and the Departments 
of Education, Labor, Health and Human Services, and Commerce.
    (2) Use a conceptual framework to develop project plans and 
activities, describing any underlying concepts, assumptions, 
expectations, beliefs, or theories, as well as the presumed 
relationships or linkages among these variables, and any empirical 
support for this framework.
    (3) Be based on current research and make use of evidence-based 
practices. To meet this requirement, the applicant must describe--
    (i) How the current research about adult learning principles and 
implementation science will inform the proposed TA; and
    (ii) How the proposed project will incorporate current research and 
evidence-based practices in the development and delivery of its 
products and services.
    (4) Develop products and provide services that are of high quality 
and sufficient intensity and duration to achieve the intended outcomes 
of the proposed project. To address this requirement, the applicant 
must describe--
    (i) Its proposed activities to identify or develop the knowledge 
base on emerging and promising practices in the five topic areas listed 
in the Topic Areas section of this priority;

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    (ii) Its proposed approach to universal, general TA;
    (iii) Its proposed approach to targeted, specialized TA, which must 
identify--
    (A) The intended recipients of the products and services under this 
approach; and
    (B) Its proposed approach to measure the capacity and readiness of 
State VR agencies to work with the proposed project, assessing, at a 
minimum, their current infrastructure, available resources, and ability 
to effectively respond to the TA, as appropriate;
    (iv) Its proposed approach to intensive, sustained TA, which must 
identify--
    (A) The intended recipients of the products and services under this 
approach;
    (B) Its proposed approach to measure the readiness of the State VR 
agencies to work with the proposed project, including the State VR 
agencies' commitment to the initiative, fit of the initiative, current 
infrastructure, available resources, and ability to effectively respond 
to the TA, as appropriate;
    (C) Its proposed plan for assisting State VR agencies to build 
training systems that include professional development based on adult 
learning principles and coaching; and
    (D) Its proposed plan for developing agreements with State VR 
agencies to provide intensive, sustained TA. The plan must describe how 
the agreements will outline the purposes of the TA, the intended 
outcomes of the TA, and the measurable objectives of the TA that will 
be evaluated.
    (5) Develop products and implement services to maximize the 
project's efficiency. To address this requirement, the applicant must 
describe--
    (i) How the proposed project will use technology to achieve the 
intended project outcomes; and
    (ii) With whom the proposed project will collaborate and the 
intended outcomes of this collaboration.
    (c) Demonstrate, in the narrative section of the application under 
``Quality of the Evaluation Plan,'' how the proposed project will--
    (1) Measure and track the effectiveness of the TA provided. To meet 
this requirement, the applicant must describe its proposed approach 
to--
    (i) Collecting data on the effectiveness of each TA activity from 
State VR agencies, partners, or other sources, as appropriate; and
    (ii) Analyzing data and determining effectiveness of each TA 
activity, including any proposed standards or targets for determining 
effectiveness.
    (2) Collect and analyze data on specific and measurable goals, 
objectives, and intended outcomes of the project, including measuring 
and tracking the effectiveness of the TA provided. To address this 
requirement, the applicant must describe--
    (i) Its proposed evaluation methodologies, including instruments, 
data collection methods, and analyses;
    (ii) Its proposed standards or targets for determining 
effectiveness;
    (iii) How it will use the evaluation results to examine the 
effectiveness of its implementation and its progress toward achieving 
the intended outcomes; and
    (iv) How the methods of evaluation will produce quantitative and 
qualitative data that demonstrate whether the project and individual TA 
activities achieved their intended outcomes.
    (d) Demonstrate, in the narrative section of the application under 
``Adequacy of Project Resources,'' how--
    (1) The proposed project will encourage applications for employment 
from persons who are members of groups that have historically been 
underrepresented based on race, color, national origin, gender, age, or 
disability, as appropriate;
    (2) The proposed key project personnel, consultants, and 
subcontractors have the qualifications and experience to provide TA to 
State VR agencies and their partners in each of the topic areas in this 
priority and to achieve the project's intended outcomes;
    (3) The applicant and any key partners have adequate resources to 
carry out the proposed activities; and
    (4) The proposed costs are reasonable in relation to the 
anticipated results and benefits;
    (e) Demonstrate, in the narrative section of the application under 
``Quality of the Management Plan,'' how--
    (1) The proposed management plan will ensure that the project's 
intended outcomes will be achieved on time and within budget. To 
address this requirement, the applicant must describe--
    (i) Clearly defined responsibilities for key project personnel, 
consultants, and subcontractors, as applicable; and
    (ii) Timelines and milestones for accomplishing the project tasks.
    (2) Key project personnel and any consultants and subcontractors 
will be allocated to the project and how these allocations are 
appropriate and adequate to achieve the project's intended outcomes, 
including an assurance that such personnel will have adequate 
availability to ensure timely communications with stakeholders and RSA;
    (3) The proposed management plan will ensure that the products and 
services provided are of high quality; and
    (4) The proposed project will benefit from a diversity of 
perspectives, including those of State and local personnel, TA 
providers, researchers, and policy makers, among others, in its 
development and operation.
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    Final Priority:
    We will announce the final priority in a notice in the Federal 
Register. We will determine the final priority 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 this priority, 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 proposed regulatory action is ``significant'' and, therefore, 
subject to the requirements of the Executive order

[[Page 34583]]

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--
    (1) Propose or adopt regulations only on 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 only on a reasoned 
determination that its benefits would justify its 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.
    We propose to fund through this priority TA to State VR agencies to 
improve the quality of VR services and of the competitive integrated 
employment outcomes achieved by individuals with disabilities, and 
ultimately to increase the percentage of individuals with disabilities 
who receive services through the State VR agencies who achieve 
competitive integrated employment outcomes. This proposed priority 
would promote the efficient and effective use of Federal funds.
    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: June 12, 2015.
Michael K. Yudin,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2015-14940 Filed 6-16-15; 8:45 am]
 BILLING CODE 4000-01-P
34582 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules

(ii) Its proposed approach to (2) Collect and analyze data on such personnel will have adequate
universal, general TA; specific and measurable goals, availability to ensure timely
(iii) Its proposed approach to targeted, objectives, and intended outcomes of communications with stakeholders and
specialized TA, which must identify— the project, including measuring and RSA;
(A) The intended recipients of the tracking the effectiveness of the TA (3) The proposed management plan
products and services under this provided. To address this requirement, will ensure that the products and
approach; and the applicant must describe— services provided are of high quality;
(B) Its proposed approach to measure (i) Its proposed evaluation and
the capacity and readiness of State VR methodologies, including instruments, (4) The proposed project will benefit
agencies to work with the proposed data collection methods, and analyses; from a diversity of perspectives,
project, assessing, at a minimum, their (ii) Its proposed standards or targets including those of State and local
current infrastructure, available for determining effectiveness; personnel, TA providers, researchers,
resources, and ability to effectively (iii) How it will use the evaluation and policy makers, among others, in its
respond to the TA, as appropriate; results to examine the effectiveness of development and operation.
(iv) Its proposed approach to its implementation and its progress Types of Priorities:
intensive, sustained TA, which must toward achieving the intended When inviting applications for a
identify— outcomes; and competition using one or more
(A) The intended recipients of the (iv) How the methods of evaluation priorities, we designate the type of each
products and services under this will produce quantitative and priority as absolute, competitive
approach; qualitative data that demonstrate preference, or invitational through a
(B) Its proposed approach to measure whether the project and individual TA notice in the Federal Register. The
the readiness of the State VR agencies to activities achieved their intended effect of each type of priority follows:
work with the proposed project, outcomes. Absolute priority: Under an absolute
including the State VR agencies’ (d) Demonstrate, in the narrative priority, we consider only applications
commitment to the initiative, fit of the section of the application under that meet the priority (34 CFR
initiative, current infrastructure, ‘‘Adequacy of Project Resources,’’ 75.105(c)(3)).
available resources, and ability to how— Competitive preference priority:
effectively respond to the TA, as (1) The proposed project will Under a competitive preference priority,
appropriate; encourage applications for employment we give competitive preference to an
(C) Its proposed plan for assisting from persons who are members of application by (1) awarding additional
State VR agencies to build training groups that have historically been points, depending on the extent to
systems that include professional underrepresented based on race, color, which the application meets the priority
development based on adult learning national origin, gender, age, or (34 CFR 75.105(c)(2)(i)); or (2) selecting
principles and coaching; and disability, as appropriate; an application that meets the priority
(D) Its proposed plan for developing (2) The proposed key project over an application of comparable merit
agreements with State VR agencies to personnel, consultants, and that does not meet the priority (34 CFR
provide intensive, sustained TA. The subcontractors have the qualifications 75.105(c)(2)(ii)).
plan must describe how the agreements and experience to provide TA to State Invitational priority: Under an
will outline the purposes of the TA, the VR agencies and their partners in each invitational priority, we are particularly
intended outcomes of the TA, and the of the topic areas in this priority and to interested in applications that meet the
measurable objectives of the TA that achieve the project’s intended priority. However, we do not give an
will be evaluated. outcomes; application that meets the priority a
(5) Develop products and implement (3) The applicant and any key preference over other applications (34
services to maximize the project’s partners have adequate resources to CFR 75.105(c)(1)).
efficiency. To address this requirement, carry out the proposed activities; and Final Priority:
the applicant must describe— (4) The proposed costs are reasonable We will announce the final priority in
(i) How the proposed project will use in relation to the anticipated results and a notice in the Federal Register. We will
technology to achieve the intended benefits; determine the final priority after
project outcomes; and (e) Demonstrate, in the narrative considering responses to this notice and
(ii) With whom the proposed project section of the application under other information available to the
will collaborate and the intended ‘‘Quality of the Management Plan,’’ Department. This notice does not
outcomes of this collaboration. how— preclude us from proposing additional
(c) Demonstrate, in the narrative (1) The proposed management plan
priorities, requirements, definitions, or
section of the application under will ensure that the project’s intended
selection criteria, subject to meeting
‘‘Quality of the Evaluation Plan,’’ how outcomes will be achieved on time and
applicable rulemaking requirements.
the proposed project will— within budget. To address this
Note: This notice does not solicit
(1) Measure and track the requirement, the applicant must
applications. In any year in which we
effectiveness of the TA provided. To describe—
choose to use this priority, we invite
meet this requirement, the applicant (i) Clearly defined responsibilities for
applications through a notice in the
must describe its proposed approach key project personnel, consultants, and
Federal Register.
to— subcontractors, as applicable; and
srobinson on DSK5SPTVN1PROD with PROPOSALS

(i) Collecting data on the effectiveness (ii) Timelines and milestones for Executive Orders 12866 and 13563
of each TA activity from State VR accomplishing the project tasks.
(2) Key project personnel and any Regulatory Impact Analysis
agencies, partners, or other sources, as
appropriate; and consultants and subcontractors will be Under Executive Order 12866, the
(ii) Analyzing data and determining allocated to the project and how these Secretary must determine whether this
effectiveness of each TA activity, allocations are appropriate and adequate proposed regulatory action is
including any proposed standards or to achieve the project’s intended ‘‘significant’’ and, therefore, subject to
targets for determining effectiveness. outcomes, including an assurance that the requirements of the Executive order

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Document Created: 2015-12-15 14:22:26
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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.
Dates		We must receive your comments on or before July 17, 2015.
Contact		Jerry Elliott. Telephone: (202) 245- 7335 or by email: [email protected]
FR Citation		80 FR 34579