80_FR_48599 80 FR 48443 - Final Priority. Rehabilitation Training: Vocational Rehabilitation Workforce Innovation Technical Assistance Center

80 FR 48443 - Final Priority. Rehabilitation Training: Vocational Rehabilitation Workforce Innovation Technical Assistance Center

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 156 (August 13, 2015)

Page Range48443-48449
FR Document2015-20011

The Assistant Secretary for Special Education and Rehabilitative Services announces a priority under the Rehabilitation Training program. The Assistant Secretary may use this priority for competitions in fiscal year 2015 and later years. We take this action to provide training and technical assistance to State vocational rehabilitation agencies to improve services under the State Vocational Rehabilitation Services 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 156 (Thursday, August 13, 2015)
[Federal Register Volume 80, Number 156 (Thursday, August 13, 2015)]
[Rules and Regulations]
[Pages 48443-48449]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20011]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2015-OSERS-0069; CFDA Number: 84.264G.]


Final Priority. Rehabilitation Training: Vocational 
Rehabilitation Workforce Innovation Technical Assistance Center

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

[[Page 48444]]


ACTION: Final priority.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services announces a priority under the Rehabilitation 
Training program. The Assistant Secretary may use this priority for 
competitions in fiscal year 2015 and later years. We take this action 
to provide training and technical assistance to State vocational 
rehabilitation agencies to improve services under the State Vocational 
Rehabilitation Services 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: This priority is effective September 14, 2015.

FOR FURTHER INFORMATION CONTACT: Jerry Elliott, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5021, Potomac Center Plaza 
(PCP), Washington, DC 20202-2800. 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: 
    Purpose of Program: Under the Rehabilitation Act of 1973 
(Rehabilitation Act), as amended by the Workforce Innovation and 
Opportunity Act, 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 technical assistance (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).
    Applicable Program Regulations: 34 CFR part 385.
    We published a notice of proposed priority for this competition in 
the Federal Register on June 17, 2015 (80 FR 34579). That notice 
contained background information and our reasons for proposing the 
particular priority. Except for minor revisions, there are no 
differences between the proposed priority and this final priority.
    Public Comment: In response to our invitation in the notice of 
proposed priority, eight parties submitted comments on the proposed 
priority. Generally, we do not address technical and other minor 
changes, or suggested changes the law does not authorize us to make 
under the applicable statutory authority. In addition, we do not 
address general comments that raised concerns not directly related to 
the proposed priorities.
    Analysis of Comments and Changes: An analysis of the comments 
follows.
    Comment: Most of the commenters recommended that we modify the 
priority to establish two centers--one center providing assistance to 
designated State vocational rehabilitation (VR) agencies serving 
individuals who are blind or visually impaired and a second center to 
provide assistance to designated State VR agencies that serve all other 
individuals with disabilities. In the alternative, these commenters 
recommended that if the Office of Special Education and Rehabilitative 
Services (OSERS) decides to fund only one center, the final priority 
should earmark funds and require, directly or through contract or other 
arrangement, qualified TA staff to address the unique needs of 
professionals serving individuals with blindness.
    The commenters stated that these recommendations are consistent 
with section 101(a)(2)(A) of the Rehabilitation Act, which authorizes 
States to designate a State agency to provide VR services to 
individuals who are blind or visually impaired, as well as a designated 
State agency to provide VR services to all other individuals with 
disabilities. If a second center were established to serve individuals 
who are blind or visually impaired, such action would recognize that 
these agencies and the clientele they serve deserve the same quality, 
level, and intensity of TA provided to designated State agencies that 
serve all other individuals with disabilities.
    Discussion: RSA recognizes that the Rehabilitation Act authorizes a 
State to designate a separate VR agency to serve individuals who are 
blind or visually impaired, and agrees that these agencies deserve the 
same quality, level, and intensity of TA provided to State agencies 
that serve all other individuals with disabilities.
    However, we believe the priority as written provides TA of the same 
quality, level, and intensity to all State VR agencies, regardless of 
type. All 80 State VR agencies (including the 24 separate State VR 
agencies for individuals who are blind or visually impaired) will be 
able to receive universal, general TA, as well as targeted, specialized 
TA for the five topic areas of responsibility outlined for the 
Workforce Innovation Technical Assistance Center (WITAC). Likewise, all 
80 agencies may apply for intensive TA for the five topic areas of 
responsibility outlined for the WITAC. Intensive TA is intended to be 
individualized to the needs of the requesting State VR agency and 
driven by an agreement between the State VR agency requesting the 
intensive TA and the WITAC.
    In general, the five topic areas pertain to new requirements of 
WIOA, which apply to all States and to all State VR agencies, and thus 
do not necessitate separate TA centers for agencies serving individuals 
who are blind or visually impaired. While implementation strategies and 
responsibilities of State VR agencies in States where two State VR 
agencies exist may differ somewhat depending on their negotiated 
responsibilities within the State, these differences can be addressed 
through the negotiated intensive TA agreement.
    Additionally, we decline to set aside a portion of the funds for TA 
to the State VR agencies for individuals who are blind or visually 
impaired. As outlined above, we believe that all TA provided by the 
WITAC will be beneficial to State VR agencies regardless of the 
population that they serve, and a set-aside may result in an 
inefficient allocation of funds.
    Changes: None.
    Comment: One commenter stated that the WITAC appears to cover an 
extremely broad spectrum of issues, such as: Pre-employment transition 
services, compliance with section 511 of the Rehabilitation Act, 
competitive integrated employment strategies, integration into the 
State workforce development system, and transition to new performance 
accountability measures. The commenter was concerned about the degree 
to which the center will be able to provide meaningful guidance and 
assistance across such a wide range of topics to VR agencies 
nationwide, as well as about how this will mesh with the efforts of the 
Job Driven Vocational Rehabilitation Technical Assistance Center 
(JDVRTAC) and other planned instruments for assistance.
    Discussion: We agree that the WITAC covers a broad spectrum of 
topics, but we believe that this will not be an obstacle to effective 
TA or produce

[[Page 48445]]

unnecessary duplication with the work of the JDVRTAC. Rather, the 
common thread among the TA topics is that they all address changes 
required by WIOA. Further, because some topic areas are interrelated in 
pursuit of WIOA goals, we believe that it is reasonable for the WITAC 
to provide TA in each of these topic areas. The applicant will be 
required to describe how the center will be staffed and will provide 
the expertise to address all of the five topic areas in this priority. 
Finally, the WITAC and the JDVRTAC are cooperative agreements, which 
allow for oversight, coordination, and direction of project activities 
by RSA through the terms of the cooperative agreements. In sum, we 
believe that the benefits of having these WIOA-related TA topics housed 
together in a single center outweigh any disadvantages.
    Changes: None.
    Comment: One commenter noted that, as with the JVRDTAC, it would 
appear that TA classified as ``intensive'' would be available to a 
relatively small number of agencies nationally (approximately 23). The 
commenter suggested that criteria for selection of these sites be 
included in the scope of the WITAC.
    Discussion: We disagree. The intent is to allow State VR agencies 
to request TA tailored to meet their individual needs (within the 
content of one or more of the five topic areas). We therefore do not 
want to create in the priority a rigid, one-size-fits-all set of 
criteria for all requests.
    Further, as to the appropriate distribution of TA, the applicant 
will be required to describe its plan for recruiting and selecting 
State VR agencies as part of the application. After the grant is 
awarded, RSA will modify the required number of agencies to receive 
intensive TA, if needed, through the cooperative agreement.
    Changes: None.
    Comment: One commenter stated that the type of assistance to be 
provided under topic area (d) (integration of the State VR program into 
the workforce development system) and under topic area (e) (transition 
to new common performance accountability system and its required data 
elements) is unclear, and the commenter recommended that this 
assistance be consistent with the guidance and TA that the U.S. 
Departments of Labor (DOL) and Education, as well other WIOA core 
partners, provide to their own State entities. The commenter also 
recommended that assistance in developing contractual agreements for 
WIOA partnerships be included.
    Discussion: We recognize that some of the topic areas may seem 
broad in their wording. However, this is intentional. Given the range 
of issues that we expect State VR agencies may experience as they begin 
to implement WIOA, we believe it is important to provide the WITAC with 
broader areas of focus, so that the center can effectively respond to 
the needs of the field.
    We also agree that the TA provided by the WITAC needs to be 
consistent with the guidance and TA provided by RSA, DOL, and other 
WIOA core partners. As such, collaboration and coordination with other 
partners and TA efforts is required in the priority and will be ensured 
through mechanisms described in the cooperative agreement. The WITAC is 
also charged with gathering guidance and TA materials from these 
sources, and the WITAC may provide TA jointly with partners or partner 
TA centers as WIOA implementation efforts move forward.
    As part of the TA to be provided in the ``integration of the State 
VR program into the workforce development system'' topic area, the 
WITAC can provide assistance to States in developing contractual 
agreements for WIOA partnerships. The applicant will have to describe 
how it will collect and disseminate contracts, related policies, and 
other information about State VR agency efforts with regard to 
implementation of WIOA's requirements as part of the knowledge 
development requirements in the priority.
    Changes: None.
    Comment: One commenter stated that specific guidance and TA on 
reporting requirements for both fiscal and programmatic changes 
(particularly pre-employment transition services), changes to the Case 
Service Report (RSA-911) data reporting, and data sharing with other 
WIOA core partners are essential to optimal implementation of WIOA. In 
addition, the commenter recommended that this guidance be provided as 
quickly and specifically as possible to allow States to restructure and 
implement the new requirements for data collection and service 
delivery.
    Discussion: We agree that specific guidance for reporting 
requirements, including RSA-911 reporting changes and data sharing with 
other WIOA core partners, is essential to the implementation of WIOA. 
We also agree that guidance in these areas is needed as soon as 
possible.
    However, it is not the responsibility of the WITAC to develop the 
guidance on these issues. That responsibility lies with the Federal 
agencies. The WITAC, on the other hand, will assist State VR agencies 
in implementing these new requirements as soon as practicable after the 
guidance is available. The WITAC will also provide TA to State VR 
agencies on how to use performance results to improve agency 
performance.
    Changes: None.
    Comment: One commenter asked how much guidance will be provided in 
development of Unified or Combined State Plans and how the timing of 
this assistance will mesh with the established deadline of March 2016 
for Unified or Combined State Plan submissions. The commenter also 
asked if there will be a separate TA mechanism for this aspect of WIOA 
implementation.
    Discussion: TA on these topics can be conducted through the WITAC 
as part of the activities related to the integration of the VR program 
into the workforce development system. Even though this is an area of 
major change, the content of the Unified or Combined State Plans is 
related to the implementation activities of many parts of WIOA. At this 
time, RSA is not planning any further investments under this program 
for TA on Unified or Combined State Plans.
    We recognize that States are required to submit their Unified or 
Combined State Plans by March 2016. However, given the expected award 
date of this cooperative agreement, and the time that the WITAC will 
need to set up and onboard the necessary staff, we do not think it is 
reasonable to expect the WITAC to be able to provide intensive TA to a 
large number of States prior to the March 2016 submission deadline. 
However, RSA is committed to ensuring that States have the resources 
that they need to complete these plans, and will work with the WITAC to 
prioritize TA resources as needed when the award is made.
    Changes: None.
    Comment: One commenter recommended establishment of a WITAC after 
State VR agencies and others have had a reasonable time to digest WIOA 
and the final regulations so as to have a clear idea of the TA that 
would be needed. The commenter recommended delaying implementation of a 
WITAC until 2016.
    Discussion: We disagree that implementation of the WITAC should be 
postponed until 2016. Based on RSA's experience, it will take a new TA 
center about one year to gather and develop information on existing and 
emerging practices that could relate to the implementation of WIOA in 
the five topic areas assigned to the WITAC. Regulations will be final 
during that time. Additionally, given the likely award date, we do not 
expect any intensive TA agreements to begin until

[[Page 48446]]

2016, and to have the center start from scratch in 2016 would likely 
delay the implementation of intensive TA agreements until 2017.
    Changes: None.
    Comment: One commenter stated that, while the list of specific TA 
topic areas is a good list, there ought to be flexibility for State VR 
agencies and the WITAC to deviate from the stated TA topic areas if 
they find themselves in need of WIOA TA on other topics.
    Discussion: We believe that the list of WIOA topic areas is 
sufficiently broad to encompass TA on WIOA requirements, except for 
those requirements relating to employer engagement, services to 
employers, and knowledge of the 21st century workforce. These aspects 
of WIOA are primarily the purview of the JDVRTAC, with which the WITAC 
will be required to coordinate through the cooperative agreements of 
both centers.
    Taking the WITAC and the JDVRTAC together, we believe that TA needs 
emerging from WIOA implementation can be subsumed under one or more 
topic areas of these centers.
    Changes: None.
    Comment: One commenter suggested that, in order to avoid 
duplication and stretching of resources, the WITAC should look to 
existing effective communities of practice that could meet identified 
TA needs in various areas before establishing a new one.
    Discussion: We agree that avoiding duplication and prudent use of 
resources is important, and nothing in the current priority prohibits 
the use of existing communities of practice. Indeed, cross-posting 
materials on multiple, disparate communities of practice could be a 
useful tool for expanding the reach of the WITAC. However, we also 
believe a dedicated forum relating to the work of the WITAC will be a 
valuable resource for State VR staff and may help to bring together 
staff who would otherwise not collaborate on independent communities of 
practice.
    Changes: None.
    Final Priority:
    The purpose of this priority is to fund a cooperative agreement to 
establish a Vocational Rehabilitation Workforce Innovation Technical 
Assistance Center (WITAC). The focus of this priority is to provide 
training and technical assistance (TA) to State vocational 
rehabilitation (VR) agencies on the new statutory requirements imposed 
by WIOA.
    The WITAC is designed 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 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

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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;
    (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 requirements in this priority. RSA encourages innovative 
approaches to meet these requirements, which are to:
    (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,

[[Page 48448]]

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;
    (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

[[Page 48449]]

that does not meet the priority (34 CFR 75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    This 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 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 final 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 final regulatory action under Executive 
Order 13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing this final priority only on a reasoned determination 
that its benefits justify its costs. In choosing among alternative 
regulatory approaches, we selected those approaches that maximize net 
benefits. Based on the analysis that follows, the Department believes 
that this regulatory action is consistent with the principles in 
Executive Order 13563.
    We also have determined that this regulatory action does not unduly 
interfere with State, local, and tribal governments in the exercise of 
their governmental functions.
    In accordance with 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.
    Through this priority, State VR agencies will receive TA to improve 
the quality of VR services and the competitive integrated employment 
outcomes achieved by individuals with disabilities, which ultimately 
will increase the percentage of individuals with disabilities who 
receive services through the State VR agencies who achieve competitive 
integrated employment outcomes. This 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: August 7, 2015.
Michael K. Yudin,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2015-20011 Filed 8-12-15; 8:45 am]
 BILLING CODE 4000-01-P



                                                              Federal Register / Vol. 80, No. 156 / Thursday, August 13, 2015 / Rules and Regulations                                              48443

                                             5. Federalism                                           because it does not have a substantial                § 165.T09–0717 Safety Zone; Carly’s
                                                                                                     direct effect on one or more Indian                   Crossing; Outer Harbor, Gallagher Beach,
                                                A rule has implications for federalism                                                                     Buffalo, NY.
                                             under Executive Order 13132,                            tribes, on the relationship between the
                                             Federalism, if it has a substantial direct              Federal Government and Indian tribes,                   (a) Location. This zone will
                                             effect on the States, on the relationship               or on the distribution of power and                   encompass a portion of the waters of the
                                             between the national government and                     responsibilities between the Federal                  Outer Harbor, Gallagher Beach, Buffalo,
                                             the States, or on the distribution of                   Government and Indian tribes.                         NY starting at position 42°50′38.92″ N.,
                                             power and responsibilities among the                                                                          78°51′40.37″ W.; then West to
                                                                                                     12. Energy Effects                                    42°50′25.33″ N., 78°52′12.05″ W.; then
                                             various levels of government. We have
                                                                                                       This action is not a ‘‘significant                  East to 42°50′26.69″ N., 78°51′34.97″ W.;
                                             analyzed this rule under that Order and
                                                                                                     energy action’’ under Executive Order                 then North returning to the point of
                                             determined that this rule does not have
                                                                                                     13211, Actions Concerning Regulations                 origin to form a triangle (NAD 83).
                                             implications for federalism.
                                                                                                     That Significantly Affect Energy Supply,                (b) Enforcement period. This
                                             6. Protest Activities                                   Distribution, or Use.                                 regulation will be enforced on August
                                                The Coast Guard respects the First                   13. Technical Standards                               16, 2015 from 6:45 a.m. until 2:15 p.m.
                                             Amendment rights of protesters.                                                                                 (c) Regulations. (1) In accordance with
                                                                                                       This rule does not use technical                    the general regulations in § 165.23 of
                                             Protesters are asked to contact the
                                                                                                     standards. Therefore, we did not                      this part, entry into, transiting, or
                                             person listed in the FOR FURTHER
                                                                                                     consider the use of voluntary consensus               anchoring within this safety zone is
                                             INFORMATION CONTACT section to
                                                                                                     standards.                                            prohibited unless authorized by the
                                             coordinate protest activities so that your
                                             message can be received without                         14. Environment                                       Captain of the Port Buffalo or his
                                             jeopardizing the safety or security of                                                                        designated on-scene representative.
                                                                                                        We have analyzed this rule under
                                             people, places, or vessels.                                                                                     (2) This safety zone is closed to all
                                                                                                     Department of Homeland Security
                                                                                                                                                           vessel traffic, except as may be
                                             7. Unfunded Mandates Reform Act                         Management Directive 023–01 and
                                                                                                                                                           permitted by the Captain of the Port
                                                                                                     Commandant Instruction M16475.lD,
                                                The Unfunded Mandates Reform Act                                                                           Buffalo or his designated on-scene
                                                                                                     which guide the Coast Guard in
                                             of 1995 (2 U.S.C. 1531–1538) requires                                                                         representative.
                                                                                                     complying with the National
                                             Federal agencies to assess the effects of                                                                       (3) The ‘‘on-scene representative’’ of
                                                                                                     Environmental Policy Act of 1969
                                             their discretionary regulatory actions. In                                                                    the Captain of the Port Buffalo is any
                                                                                                     (NEPA) (42 U.S.C. 4321–4370f), and
                                             particular, the Act addresses actions                                                                         Coast Guard commissioned, warrant or
                                                                                                     have determined that this action is one
                                             that may result in the expenditure by a                                                                       petty officer who has been designated
                                                                                                     of a category of actions that do not
                                             State, local, or tribal government, in the                                                                    by the Captain of the Port Buffalo to act
                                                                                                     individually or cumulatively have a
                                             aggregate, or by the private sector of                                                                        on his behalf.
                                                                                                     significant effect on the human
                                             $100,000,000 (adjusted for inflation) or                                                                        (4) Vessel operators desiring to enter
                                                                                                     environment. This rule involves the
                                             more in any one year. Though this rule                                                                        or operate within the safety zone must
                                                                                                     establishment of a safety zone and,
                                             will not result in such an expenditure,                                                                       contact the Captain of the Port Buffalo
                                                                                                     therefore it is categorically excluded
                                             we do discuss the effects of this rule                                                                        or his on-scene representative to obtain
                                                                                                     from further review under paragraph
                                             elsewhere in this preamble.                                                                                   permission to do so. The Captain of the
                                                                                                     34(g) of Figure 2–1 of the Commandant
                                                                                                                                                           Port Buffalo or his on-scene
                                             8. Taking of Private Property                           Instruction. An environmental analysis
                                                                                                                                                           representative may be contacted via
                                                This rule will not cause a taking of                 checklist supporting this determination
                                                                                                                                                           VHF Channel 16. Vessel operators given
                                             private property or otherwise have                      and a Categorical Exclusion
                                                                                                                                                           permission to enter or operate in the
                                             taking implications under Executive                     Determination are available in the
                                                                                                                                                           safety zone must comply with all
                                             Order 12630, Governmental Actions and                   docket where indicated under
                                                                                                                                                           directions given to them by the Captain
                                             Interference with Constitutionally                      ADDRESSES. We seek any comments or
                                                                                                                                                           of the Port Buffalo, or his on-scene
                                             Protected Property Rights.                              information that may lead to the
                                                                                                                                                           representative.
                                                                                                     discovery of a significant environmental
                                             9. Civil Justice Reform                                 impact from this rule.                                  Dated: July 28, 2015.
                                                This rule meets applicable standards                                                                       B.W. Roche,
                                                                                                     List of Subjects in 33 CFR Part 165
                                             in sections 3(a) and 3(b)(2) of Executive                                                                     Captain, U.S. Coast Guard, Captain of the
                                             Order 12988, Civil Justice Reform, to                     Harbors, Marine safety, Navigation                  Port Buffalo.
                                             minimize litigation, eliminate                          (water), Reporting and recordkeeping                  [FR Doc. 2015–19987 Filed 8–12–15; 8:45 am]
                                             ambiguity, and reduce burden.                           requirements, Security measures,                      BILLING CODE 9110–04–P
                                                                                                     Waterways.
                                             10. Protection of Children                                For the reasons discussed in the
                                               We have analyzed this rule under                      preamble, the Coast Guard amends 33                   DEPARTMENT OF EDUCATION
                                             Executive Order 13045, Protection of                    CFR parts 165 as follows:
                                             Children from Environmental Health                                                                            34 CFR Chapter III
                                             Risks and Safety Risks. This rule is not                PART 165—REGULATED NAVIGATION
                                                                                                     AREAS AND LIMITED ACCESS AREAS                        [Docket ID ED–2015–OSERS–0069; CFDA
                                             an economically significant rule and                                                                          Number: 84.264G.]
                                             does not create an environmental risk to
                                                                                                     ■ 1. The authority citation for part 165
                                             health or risk to safety that may                                                                             Final Priority. Rehabilitation Training:
                                                                                                     continues to read as follows:
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                                             disproportionately affect children.                                                                           Vocational Rehabilitation Workforce
                                                                                                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             11. Indian Tribal Governments                                                                                 Innovation Technical Assistance
                                                                                                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                     Department of Homeland Security Delegation            Center
                                               This rule does not have tribal
                                             implications under Executive Order                      No. 0170.1.                                           AGENCY:  Office of Special Education and
                                             13175, Consultation and Coordination                    ■ 2. Add § 165.T09–0717 to read as                    Rehabilitative Services, Department of
                                             with Indian Tribal Governments,                         follows:                                              Education.


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                                             48444            Federal Register / Vol. 80, No. 156 / Thursday, August 13, 2015 / Rules and Regulations

                                             ACTION:   Final priority.                               background information and our reasons                level, and intensity to all State VR
                                                                                                     for proposing the particular priority.                agencies, regardless of type. All 80 State
                                             SUMMARY: The Assistant Secretary for                    Except for minor revisions, there are no              VR agencies (including the 24 separate
                                             Special Education and Rehabilitative                    differences between the proposed                      State VR agencies for individuals who
                                             Services announces a priority under the                 priority and this final priority.                     are blind or visually impaired) will be
                                             Rehabilitation Training program. The                      Public Comment: In response to our                  able to receive universal, general TA, as
                                             Assistant Secretary may use this priority               invitation in the notice of proposed                  well as targeted, specialized TA for the
                                             for competitions in fiscal year 2015 and                priority, eight parties submitted                     five topic areas of responsibility
                                             later years. We take this action to                     comments on the proposed priority.                    outlined for the Workforce Innovation
                                             provide training and technical                          Generally, we do not address technical                Technical Assistance Center (WITAC).
                                             assistance to State vocational                          and other minor changes, or suggested                 Likewise, all 80 agencies may apply for
                                             rehabilitation agencies to improve                      changes the law does not authorize us                 intensive TA for the five topic areas of
                                             services under the State Vocational                     to make under the applicable statutory                responsibility outlined for the WITAC.
                                             Rehabilitation Services program and                     authority. In addition, we do not                     Intensive TA is intended to be
                                             State Supported Employment Services                     address general comments that raised                  individualized to the needs of the
                                             program for individuals with                            concerns not directly related to the                  requesting State VR agency and driven
                                             disabilities, including those with the                  proposed priorities.                                  by an agreement between the State VR
                                             most significant disabilities, and to                     Analysis of Comments and Changes:                   agency requesting the intensive TA and
                                             implement changes to the Rehabilitation                 An analysis of the comments follows.                  the WITAC.
                                             Act of 1973, as amended by the                            Comment: Most of the commenters                        In general, the five topic areas pertain
                                             Workforce Innovation and Opportunity                    recommended that we modify the                        to new requirements of WIOA, which
                                             Act (WIOA), signed into law on July 22,                 priority to establish two centers—one                 apply to all States and to all State VR
                                             2014.                                                   center providing assistance to                        agencies, and thus do not necessitate
                                             DATES: This priority is effective                       designated State vocational                           separate TA centers for agencies serving
                                             September 14, 2015.                                     rehabilitation (VR) agencies serving                  individuals who are blind or visually
                                                                                                     individuals who are blind or visually                 impaired. While implementation
                                             FOR FURTHER INFORMATION CONTACT: Jerry
                                                                                                     impaired and a second center to provide               strategies and responsibilities of State
                                             Elliott, U.S. Department of Education,
                                                                                                     assistance to designated State VR                     VR agencies in States where two State
                                             400 Maryland Avenue SW., Room 5021,
                                                                                                     agencies that serve all other individuals             VR agencies exist may differ somewhat
                                             Potomac Center Plaza (PCP),
                                                                                                     with disabilities. In the alternative,                depending on their negotiated
                                             Washington, DC 20202–2800.
                                                                                                     these commenters recommended that if                  responsibilities within the State, these
                                             Telephone: (202) 245–7335 or by email:
                                                                                                     the Office of Special Education and                   differences can be addressed through
                                             jerry.elliott@ed.gov.
                                                                                                     Rehabilitative Services (OSERS) decides               the negotiated intensive TA agreement.
                                                If you use a telecommunications
                                                                                                     to fund only one center, the final                       Additionally, we decline to set aside
                                             device for the deaf (TDD) or a text
                                                                                                     priority should earmark funds and                     a portion of the funds for TA to the State
                                             telephone (TTY), call the Federal Relay
                                                                                                     require, directly or through contract or              VR agencies for individuals who are
                                             Service (FRS), toll free, at 1–800–877–
                                                                                                     other arrangement, qualified TA staff to              blind or visually impaired. As outlined
                                             8339.
                                                                                                     address the unique needs of                           above, we believe that all TA provided
                                             SUPPLEMENTARY INFORMATION:                              professionals serving individuals with                by the WITAC will be beneficial to State
                                                Purpose of Program: Under the                        blindness.                                            VR agencies regardless of the population
                                             Rehabilitation Act of 1973                                The commenters stated that these                    that they serve, and a set-aside may
                                             (Rehabilitation Act), as amended by the                 recommendations are consistent with                   result in an inefficient allocation of
                                             Workforce Innovation and Opportunity                    section 101(a)(2)(A) of the                           funds.
                                             Act, the Rehabilitation Services                        Rehabilitation Act, which authorizes                     Changes: None.
                                             Administration (RSA) makes grants to                    States to designate a State agency to                    Comment: One commenter stated that
                                             States and public or nonprofit agencies                 provide VR services to individuals who                the WITAC appears to cover an
                                             and organizations (including                            are blind or visually impaired, as well               extremely broad spectrum of issues,
                                             institutions of higher education) to                    as a designated State agency to provide               such as: Pre-employment transition
                                             support projects that provide training,                 VR services to all other individuals with             services, compliance with section 511 of
                                             traineeships, and technical assistance                  disabilities. If a second center were                 the Rehabilitation Act, competitive
                                             (TA) designed to increase the numbers                   established to serve individuals who are              integrated employment strategies,
                                             of, and improve the skills of, qualified                blind or visually impaired, such action               integration into the State workforce
                                             personnel, especially rehabilitation                    would recognize that these agencies and               development system, and transition to
                                             counselors, who are trained to provide                  the clientele they serve deserve the                  new performance accountability
                                             vocational, medical, social, and                        same quality, level, and intensity of TA              measures. The commenter was
                                             psychological rehabilitation services to                provided to designated State agencies                 concerned about the degree to which the
                                             individuals with disabilities; assist                   that serve all other individuals with                 center will be able to provide
                                             individuals with communication and                      disabilities.                                         meaningful guidance and assistance
                                             related disorders; and provide other                      Discussion: RSA recognizes that the                 across such a wide range of topics to VR
                                             services authorized under the                           Rehabilitation Act authorizes a State to              agencies nationwide, as well as about
                                             Rehabilitation Act.                                     designate a separate VR agency to serve               how this will mesh with the efforts of
                                                Program Authority: 29 U.S.C.                         individuals who are blind or visually                 the Job Driven Vocational Rehabilitation
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                                             772(a)(1).                                              impaired, and agrees that these agencies              Technical Assistance Center (JDVRTAC)
                                                Applicable Program Regulations: 34                   deserve the same quality, level, and                  and other planned instruments for
                                             CFR part 385.                                           intensity of TA provided to State                     assistance.
                                                We published a notice of proposed                    agencies that serve all other individuals                Discussion: We agree that the WITAC
                                             priority for this competition in the                    with disabilities.                                    covers a broad spectrum of topics, but
                                             Federal Register on June 17, 2015 (80                     However, we believe the priority as                 we believe that this will not be an
                                             FR 34579). That notice contained                        written provides TA of the same quality,              obstacle to effective TA or produce


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                                                              Federal Register / Vol. 80, No. 156 / Thursday, August 13, 2015 / Rules and Regulations                                          48445

                                             unnecessary duplication with the work                   wording. However, this is intentional.                the guidance is available. The WITAC
                                             of the JDVRTAC. Rather, the common                      Given the range of issues that we expect              will also provide TA to State VR
                                             thread among the TA topics is that they                 State VR agencies may experience as                   agencies on how to use performance
                                             all address changes required by WIOA.                   they begin to implement WIOA, we                      results to improve agency performance.
                                             Further, because some topic areas are                   believe it is important to provide the                   Changes: None.
                                             interrelated in pursuit of WIOA goals,                  WITAC with broader areas of focus, so                    Comment: One commenter asked how
                                             we believe that it is reasonable for the                that the center can effectively respond               much guidance will be provided in
                                             WITAC to provide TA in each of these                    to the needs of the field.                            development of Unified or Combined
                                             topic areas. The applicant will be                        We also agree that the TA provided by               State Plans and how the timing of this
                                             required to describe how the center will                the WITAC needs to be consistent with                 assistance will mesh with the
                                             be staffed and will provide the expertise               the guidance and TA provided by RSA,                  established deadline of March 2016 for
                                             to address all of the five topic areas in               DOL, and other WIOA core partners. As                 Unified or Combined State Plan
                                             this priority. Finally, the WITAC and                   such, collaboration and coordination                  submissions. The commenter also asked
                                             the JDVRTAC are cooperative                             with other partners and TA efforts is                 if there will be a separate TA
                                             agreements, which allow for oversight,                  required in the priority and will be                  mechanism for this aspect of WIOA
                                             coordination, and direction of project                  ensured through mechanisms described                  implementation.
                                             activities by RSA through the terms of                  in the cooperative agreement. The                        Discussion: TA on these topics can be
                                             the cooperative agreements. In sum, we                  WITAC is also charged with gathering                  conducted through the WITAC as part of
                                             believe that the benefits of having these               guidance and TA materials from these                  the activities related to the integration of
                                             WIOA-related TA topics housed                           sources, and the WITAC may provide                    the VR program into the workforce
                                             together in a single center outweigh any                TA jointly with partners or partner TA                development system. Even though this
                                             disadvantages.                                          centers as WIOA implementation efforts                is an area of major change, the content
                                                Changes: None.                                       move forward.                                         of the Unified or Combined State Plans
                                                Comment: One commenter noted that,                     As part of the TA to be provided in                 is related to the implementation
                                             as with the JVRDTAC, it would appear                    the ‘‘integration of the State VR program             activities of many parts of WIOA. At
                                             that TA classified as ‘‘intensive’’ would               into the workforce development                        this time, RSA is not planning any
                                             be available to a relatively small number               system’’ topic area, the WITAC can                    further investments under this program
                                             of agencies nationally (approximately                   provide assistance to States in                       for TA on Unified or Combined State
                                             23). The commenter suggested that                       developing contractual agreements for                 Plans.
                                             criteria for selection of these sites be                WIOA partnerships. The applicant will                    We recognize that States are required
                                             included in the scope of the WITAC.                     have to describe how it will collect and              to submit their Unified or Combined
                                                Discussion: We disagree. The intent is               disseminate contracts, related policies,              State Plans by March 2016. However,
                                             to allow State VR agencies to request TA                and other information about State VR                  given the expected award date of this
                                             tailored to meet their individual needs                 agency efforts with regard to                         cooperative agreement, and the time
                                             (within the content of one or more of the               implementation of WIOA’s                              that the WITAC will need to set up and
                                             five topic areas). We therefore do not                  requirements as part of the knowledge                 onboard the necessary staff, we do not
                                             want to create in the priority a rigid,                 development requirements in the                       think it is reasonable to expect the
                                             one-size-fits-all set of criteria for all               priority.                                             WITAC to be able to provide intensive
                                             requests.                                                 Changes: None.                                      TA to a large number of States prior to
                                                Further, as to the appropriate                         Comment: One commenter stated that                  the March 2016 submission deadline.
                                             distribution of TA, the applicant will be               specific guidance and TA on reporting                 However, RSA is committed to ensuring
                                             required to describe its plan for                       requirements for both fiscal and                      that States have the resources that they
                                             recruiting and selecting State VR                       programmatic changes (particularly pre-               need to complete these plans, and will
                                             agencies as part of the application. After              employment transition services),                      work with the WITAC to prioritize TA
                                             the grant is awarded, RSA will modify                   changes to the Case Service Report                    resources as needed when the award is
                                             the required number of agencies to                      (RSA–911) data reporting, and data                    made.
                                             receive intensive TA, if needed, through                sharing with other WIOA core partners                    Changes: None.
                                             the cooperative agreement.                              are essential to optimal implementation                  Comment: One commenter
                                                Changes: None.                                       of WIOA. In addition, the commenter                   recommended establishment of a
                                                Comment: One commenter stated that                   recommended that this guidance be                     WITAC after State VR agencies and
                                             the type of assistance to be provided                   provided as quickly and specifically as               others have had a reasonable time to
                                             under topic area (d) (integration of the                possible to allow States to restructure               digest WIOA and the final regulations so
                                             State VR program into the workforce                     and implement the new requirements                    as to have a clear idea of the TA that
                                             development system) and under topic                     for data collection and service delivery.             would be needed. The commenter
                                             area (e) (transition to new common                        Discussion: We agree that specific                  recommended delaying implementation
                                             performance accountability system and                   guidance for reporting requirements,                  of a WITAC until 2016.
                                             its required data elements) is unclear,                 including RSA–911 reporting changes                      Discussion: We disagree that
                                             and the commenter recommended that                      and data sharing with other WIOA core                 implementation of the WITAC should
                                             this assistance be consistent with the                  partners, is essential to the                         be postponed until 2016. Based on
                                             guidance and TA that the U.S.                           implementation of WIOA. We also agree                 RSA’s experience, it will take a new TA
                                             Departments of Labor (DOL) and                          that guidance in these areas is needed                center about one year to gather and
                                             Education, as well other WIOA core                      as soon as possible.                                  develop information on existing and
                                                                                                       However, it is not the responsibility of            emerging practices that could relate to
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                                             partners, provide to their own State
                                             entities. The commenter also                            the WITAC to develop the guidance on                  the implementation of WIOA in the five
                                             recommended that assistance in                          these issues. That responsibility lies                topic areas assigned to the WITAC.
                                             developing contractual agreements for                   with the Federal agencies. The WITAC,                 Regulations will be final during that
                                             WIOA partnerships be included.                          on the other hand, will assist State VR               time. Additionally, given the likely
                                                Discussion: We recognize that some of                agencies in implementing these new                    award date, we do not expect any
                                             the topic areas may seem broad in their                 requirements as soon as practicable after             intensive TA agreements to begin until


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                                             48446            Federal Register / Vol. 80, No. 156 / Thursday, August 13, 2015 / Rules and Regulations

                                             2016, and to have the center start from                 as set forth in section 113 of the                    Knowledge Development Activities
                                             scratch in 2016 would likely delay the                  Rehabilitation Act;                                     (a) In the first year, collect
                                             implementation of intensive TA                            (b) Implementation by State VR                      information from the literature and from
                                             agreements until 2017.                                  agencies, in coordination with local and              existing State and Federal programs
                                                Changes: None.                                       State educational agencies and with the               about evidence-based and promising
                                                Comment: One commenter stated that,                  Department of Labor, of the                           practices relevant to the work of the
                                             while the list of specific TA topic areas               requirements in section 511 of the                    WITAC and make this information
                                             is a good list, there ought to be                       Rehabilitation Act that are under the                 publicly available in a searchable,
                                             flexibility for State VR agencies and the               purview of the Department of                          accessible, and useful format. The
                                             WITAC to deviate from the stated TA                     Education;                                            WITAC must review, at a minimum:
                                             topic areas if they find themselves in                    (c) Increased access to supported                     (1) Literature on evidence-based and
                                             need of WIOA TA on other topics.                        employment and customized
                                                Discussion: We believe that the list of                                                                    promising practices relevant to the work
                                                                                                     employment services for individuals                   of the WITAC;
                                             WIOA topic areas is sufficiently broad                  with the most significant disabilities,
                                             to encompass TA on WIOA                                                                                         (2) The results of State VR agency
                                                                                                     including youth with the most                         monitoring conducted by RSA;
                                             requirements, except for those                          significant disabilities, receiving
                                             requirements relating to employer                                                                               (3) State VR agency program and
                                                                                                     services under the State VR and                       performance data;
                                             engagement, services to employers, and                  Supported Employment programs;
                                             knowledge of the 21st century                                                                                   (4) Department of Education and
                                             workforce. These aspects of WIOA are                      (d) An increased percentage of                      Department of Labor policies and
                                             primarily the purview of the JDVRTAC,                   individuals with disabilities who                     guidance on program changes made by
                                             with which the WITAC will be required                   receive services through the State VR                 WIOA and implementation of those
                                             to coordinate through the cooperative                   agency and who achieve employment                     changes; and
                                             agreements of both centers.                             outcomes in competitive integrated                      (5) Any existing State VR agency
                                                Taking the WITAC and the JDVRTAC                     employment;                                           memoranda of understanding (MOUs) or
                                             together, we believe that TA needs                        (e) Improved collaboration between                  agreement (MOAs) related to the work
                                             emerging from WIOA implementation                       State VR agencies and other core                      of the WITAC.
                                             can be subsumed under one or more                       programs of the workforce development                   (b) In the first year, conduct a survey
                                             topic areas of these centers.                           system; and                                           of relevant stakeholders and VR service
                                                Changes: None.                                         (f) Implementation of the new                       providers to identify workforce
                                                Comment: One commenter suggested                     common performance accountability                     development TA needs and a process by
                                             that, in order to avoid duplication and                 system under section 116 of WIOA.                     which TA solutions can be offered to
                                             stretching of resources, the WITAC                                                                            State VR agencies and their partners.
                                                                                                     Topic Areas                                           The WITAC must survey, at a minimum:
                                             should look to existing effective
                                             communities of practice that could meet                    The WITAC will develop and provide                   (1) State VR agency staff;
                                             identified TA needs in various areas                    training and TA to State VR agency staff                (2) Relevant RSA staff; and
                                             before establishing a new one.                          and related rehabilitation professionals                (3) Other stakeholders, including
                                                Discussion: We agree that avoiding                   and service providers in five topic areas             stakeholders from the transition and
                                             duplication and prudent use of                          related to changes made by WIOA:                      special education community, the
                                             resources is important, and nothing in                     (a) Provision of pre-employment                    workforce development community,
                                             the current priority prohibits the use of               transition services to students with                  and the rehabilitation community.
                                             existing communities of practice.                       disabilities and supported employment                   (c) Develop and refine one or more
                                             Indeed, cross-posting materials on                      services to youth with disabilities;                  curriculum guides for VR staff training
                                             multiple, disparate communities of                                                                            for each of the topic areas listed in the
                                                                                                        (b) Implementation of the
                                             practice could be a useful tool for                                                                           Topic Areas section of this priority.
                                                                                                     requirements in section 511 of the
                                             expanding the reach of the WITAC.                       Rehabilitation Act that are under the                 Technical Assistance and Dissemination
                                             However, we also believe a dedicated                    purview of the Department of                          Activities
                                             forum relating to the work of the WITAC                 Education;
                                             will be a valuable resource for State VR                                                                        (a) Provide intensive, sustained TA 1
                                                                                                        (c) Provision of resources and                     to a minimum of 23 State VR agencies
                                             staff and may help to bring together staff
                                                                                                     strategies to help individuals with                   and their associated rehabilitation
                                             who would otherwise not collaborate on
                                                                                                     disabilities achieve competitive                      professionals and service providers in
                                             independent communities of practice.
                                                                                                     integrated employment, including                      the topic areas set out in this priority.
                                                Changes: None.
                                                Final Priority:                                      customized employment and supported                   The WITAC must provide intensive,
                                                The purpose of this priority is to fund              employment;                                           sustained TA to a minimum of two
                                             a cooperative agreement to establish a                     (d) Integration of the State VR                    agencies in the first year of the project
                                             Vocational Rehabilitation Workforce                     program into the workforce                            and to a minimum of seven additional
                                             Innovation Technical Assistance Center                  development system; and                               agencies per year in the second, third,
                                             (WITAC). The focus of this priority is to                  (e) Transition to the new common                   and fourth years of the project. These
                                             provide training and technical                          performance accountability system
                                             assistance (TA) to State vocational                     under section 116 of WIOA, including                     1 For the purposes of this priority, ‘‘intensive,

                                             rehabilitation (VR) agencies on the new                 the collection and reporting of common                sustained technical assistance’’ means TA services
                                                                                                                                                           often provided on-site and requiring a stable,
                                                                                                     data elements.
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                                             statutory requirements imposed by                                                                             ongoing relationship between the TA center staff
                                             WIOA.                                                   Project Activities                                    and the TA recipient. ‘‘Technical assistance
                                                The WITAC is designed to achieve, at                                                                       services’’ are defined as negotiated series of
                                             a minimum, the following outcomes:                        To meet the requirements of this                    activities designed to reach a valued outcome. This
                                                                                                                                                           category of TA should result in changes to policy,
                                                (a) Implementation of effective and                  priority, the WITAC must, at a                        program, practice, or operations that support
                                             efficient ‘‘pre-employment transition                   minimum, conduct the following                        increased recipient capacity or improved outcomes
                                             services’’ for students with disabilities,              activities:                                           at one or more systems levels.



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                                                               Federal Register / Vol. 80, No. 156 / Thursday, August 13, 2015 / Rules and Regulations                                        48447

                                             are minimum requirements, and the                        TA 3 products and services on the topic                and Human Services, and Commerce;
                                             expectation is that intensive, sustained                 areas in this priority. This TA must                   and
                                             TA will be provided, to the extent funds                 include, at a minimum, the following                     (c) Maintain ongoing communication
                                             are available, to all of the State VR                    activities:                                            with the RSA project officer and other
                                             agencies that request intensive,                            (1) Establishing and maintaining a                  RSA staff as required.
                                             sustained TA. This TA must include:                      state-of-the-art information technology
                                                (1) For topic area (a), how to—                       (IT) platform sufficient to support                    Application Requirements
                                                (i) Develop, manage, and implement                    Webinars, teleconferences, video                          To be funded under this priority,
                                             effective pre-employment transition                      conferences, and other virtual methods                 applicants must meet the application
                                             services to improve the transition of                    of dissemination of information and TA.                requirements in this priority. RSA
                                             students with disabilities from                            Note: All products produced by WITAC                 encourages innovative approaches to
                                             secondary to postsecondary education                     must meet government- and industry-                    meet these requirements, which are to:
                                             and employment;                                          recognized standards for accessibility,                   (a) Demonstrate, in the narrative
                                                (ii) Coordinate pre-employment                        including section 508 of the Rehabilitation            section of the application under
                                             transition services with transition                      Act.                                                   ‘‘Significance of the Project,’’ how the
                                             services provided under IDEA; and                          (2) Developing and maintaining a                     proposed project will address State VR
                                                (iii) Develop and implement                           state-of-the-art archiving and                         agencies’ capacity to implement the
                                             supported employment services for                        dissemination system that—                             requirements of WIOA. To meet this
                                             youth with the most significant                            (i) Provides a central location for later            requirement, the applicant must:
                                             disabilities;                                            use of TA products, including course                      (1) Demonstrate knowledge of current
                                                (2) For topic area (b):                               curricula, audiovisual materials,                      RSA guidance and State and Federal
                                                (i) How to provide career-related                     Webinars, examples of emerging and                     initiatives designed to improve
                                             counseling, information, and referral                    best practices for the topic areas in this             engagement with the workforce
                                             services to individuals entering and                     priority, and any other TA products;                   development system and workforce
                                             continuing employment at subminimum                      and                                                    development system partners;
                                             wages; and                                                 (ii) Is open and available to the                       (2) Demonstrate knowledge of current
                                                (ii) How to implement documentation                   public.                                                State VR agency and other efforts to
                                             requirements for youth with disabilities                                                                        improve engagement with secondary
                                             seeking employment at subminimum                           Note: In meeting the requirements for (b)(1)
                                                                                                      and (2) above, the WITAC may either develop            schools, youth programs, and other
                                             wage, in accordance with section 511 of                                                                         programs that provide services to youth
                                                                                                      new platforms or systems or may modify
                                             the Rehabilitation Act;                                  existing platforms or systems, so long as the          with disabilities for the purpose of
                                                (3) For topic area (c), how to design                 requirements of this priority are met.                 assisting such youth to enter
                                             and implement new services and new                                                                              postsecondary education or competitive
                                             roles and responsibilities among partner                   (3) Providing a minimum of two
                                                                                                      Webinars or video conferences over the                 integrated employment; and
                                             agencies to increase the percentage of
                                                                                                      course of the project on each of the topic                (3) Demonstrate knowledge of current
                                             individuals achieving competitive
                                                                                                      areas in this priority to describe and                 State VR agency efforts to engage with
                                             integrated employment and to meet the
                                                                                                      disseminate information about emerging                 State Medicaid, developmental
                                             supported employment and customized
                                                                                                      and best practices in each area.                       disability, and mental health agencies to
                                             employment requirements of the
                                                                                                                                                             develop agreements and provide
                                             Rehabilitation Act;                                      Coordination Activities                                services leading to competitive
                                                (4) For topic area (d), how to develop
                                                                                                        (a) Establish one or more communities                integrated employment, including
                                             model relationships between State VR
                                                                                                      of practice that focus on the topic areas              supported employment and customized
                                             agencies and other core programs of the
                                                                                                      in this priority and that act as vehicles              employment.
                                             workforce development system for
                                                                                                      for communication and exchange of                         (b) Demonstrate, in the narrative
                                             purposes of implementing the
                                                                                                      information among State VR agencies                    section of the application under
                                             requirements of title I of WIOA,
                                                                                                      and partners, including the results of                 ‘‘Quality of Project Services,’’ how the
                                             especially those requirements related to
                                                                                                      TA projects that are in progress or have               proposed project will—
                                             integration of core programs into the
                                             workforce development system; and                        been completed;                                           (1) Achieve its goals, objectives, and
                                                (5) For topic area (e), how to                          (b) Communicate, collaborate, and                    intended outcomes. To meet this
                                             effectively transition to the new                        coordinate, on an ongoing basis, with                  requirement, the applicant must
                                             common performance accountability                        other relevant Department-funded                       provide—
                                             system required in section 116 of WIOA                   projects and those supported by the                       (i) Measurable intended project
                                             and use performance results to                           Social Security Administration (SSA)                   outcomes;
                                             implement programmatic changes to                        and the Departments of Labor, Health                      (ii) A plan for how the proposed
                                             improve agency performance.                                                                                     project will achieve its intended
                                                (b) Provide a range of targeted,                      the needs of the recipients. Facilitating              outcomes; and
                                                                                                      communities of practice can also be considered            (iii) A plan for communicating,
                                             specialized TA 2 and universal, general                  targeted, specialized TA.
                                                                                                        3 For the purposes of this priority, ‘‘universal,    collaborating, and coordinating with key
                                                2 For the purposes of this priority, ‘‘targeted,      general technical assistance’’ means TA and            staff in State VR agencies; State and
                                             specialized technical assistance’’ means TA services     information provided to independent users through      local partner programs; RSA partners,
                                             based on needs common to multiple recipients and         their own initiative, resulting in minimal             such as the Council of State
                                             not extensively individualized. A relationship is        interaction with TA center staff and including one-
                                                                                                                                                             Administrators of Vocational
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                                             established between the TA recipient and one or          time, invited or offered conference presentations by
                                             more TA center staff. This category of TA includes       TA center staff. This category of TA also includes     Rehabilitation, the National Association
                                             one-time, labor-intensive events, such as facilitating   information or products, such as newsletters,          of State Directors of Special Education,
                                             strategic planning or hosting regional or national       guidebooks, or research syntheses, downloaded          the National Council of State Agencies
                                             conferences. It can also include episodic, less labor-   from the TA center’s Web site by independent
                                             intensive events that extend over a period of time,      users. Brief communications by TA center staff with
                                                                                                                                                             for the Blind, and other TA centers; and
                                             such as facilitating a series of conference calls on     recipients, either by telephone or email, are also     relevant programs within SSA and the
                                             single or multiple topics that are designed around       considered universal, general TA.                      Departments of Education, Labor,


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                                             48448            Federal Register / Vol. 80, No. 156 / Thursday, August 13, 2015 / Rules and Regulations

                                             Health and Human Services, and                             (D) Its proposed plan for developing                  (2) The proposed key project
                                             Commerce.                                               agreements with State VR agencies to                  personnel, consultants, and
                                                (2) Use a conceptual framework to                    provide intensive, sustained TA. The                  subcontractors have the qualifications
                                             develop project plans and activities,                   plan must describe how the agreements                 and experience to provide TA to State
                                             describing any underlying concepts,                     will outline the purposes of the TA, the              VR agencies and their partners in each
                                             assumptions, expectations, beliefs, or                  intended outcomes of the TA, and the                  of the topic areas in this priority and to
                                             theories, as well as the presumed                       measurable objectives of the TA that                  achieve the project’s intended
                                             relationships or linkages among these                   will be evaluated.                                    outcomes;
                                             variables, and any empirical support for                   (5) Develop products and implement                    (3) The applicant and any key
                                             this framework.                                         services to maximize the project’s                    partners have adequate resources to
                                                (3) Be based on current research and                 efficiency. To address this requirement,              carry out the proposed activities; and
                                             make use of evidence-based practices.                   the applicant must describe—                             (4) The proposed costs are reasonable
                                             To meet this requirement, the applicant                    (i) How the proposed project will use              in relation to the anticipated results and
                                             must describe—                                          technology to achieve the intended                    benefits;
                                                (i) How the current research about                   project outcomes; and                                    (e) Demonstrate, in the narrative
                                             adult learning principles and                              (ii) With whom the proposed project                section of the application under
                                             implementation science will inform the                  will collaborate and the intended                     ‘‘Quality of the Management Plan,’’
                                             proposed TA; and                                        outcomes of this collaboration.                       how—
                                                (ii) How the proposed project will                      (c) Demonstrate, in the narrative                     (1) The proposed management plan
                                             incorporate current research and                        section of the application under                      will ensure that the project’s intended
                                             evidence-based practices in the                         ‘‘Quality of the Evaluation Plan,’’ how               outcomes will be achieved on time and
                                             development and delivery of its                         the proposed project will—                            within budget. To address this
                                             products and services.                                     (1) Measure and track the                          requirement, the applicant must
                                                (4) Develop products and provide                     effectiveness of the TA provided. To                  describe—
                                             services that are of high quality and                   meet this requirement, the applicant                     (i) Clearly defined responsibilities for
                                             sufficient intensity and duration to                    must describe its proposed approach                   key project personnel, consultants, and
                                             achieve the intended outcomes of the                    to—                                                   subcontractors, as applicable; and
                                             proposed project. To address this                          (i) Collecting data on the effectiveness              (ii) Timelines and milestones for
                                             requirement, the applicant must                         of each TA activity from State VR                     accomplishing the project tasks.
                                             describe—                                               agencies, partners, or other sources, as                 (2) Key project personnel and any
                                                (i) Its proposed activities to identify or           appropriate; and                                      consultants and subcontractors will be
                                             develop the knowledge base on                              (ii) Analyzing data and determining                allocated to the project and how these
                                             emerging and promising practices in the                 effectiveness of each TA activity,                    allocations are appropriate and adequate
                                             five topic areas listed in the Topic Areas              including any proposed standards or                   to achieve the project’s intended
                                             section of this priority;                               targets for determining effectiveness.                outcomes, including an assurance that
                                                (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: When inviting
                                             intensive, sustained TA, which must                     toward achieving the intended                         applications for a competition using one
                                             identify—                                               outcomes; and                                         or more priorities, we designate the type
                                                (A) The intended recipients of the                      (iv) How the methods of evaluation                 of each priority as absolute, competitive
                                             products and services under this                        will produce quantitative and                         preference, or invitational through a
                                             approach;                                               qualitative data that demonstrate                     notice in the Federal Register. The
                                                (B) Its proposed approach to measure                 whether the project and individual TA                 effect of each type of priority follows:
                                             the readiness of the State VR agencies to               activities achieved their intended                       Absolute priority: Under an absolute
                                             work with the proposed project,                         outcomes.                                             priority, we consider only applications
                                             including the State VR agencies’                           (d) Demonstrate, in the narrative                  that meet the priority (34 CFR
                                             commitment to the initiative, fit of the                section of the application under                      75.105(c)(3)).
                                             initiative, current infrastructure,                     ‘‘Adequacy of Project Resources,’’                       Competitive preference priority:
                                             available resources, and ability to                     how—                                                  Under a competitive preference priority,
                                                                                                        (1) The proposed project will                      we give competitive preference to an
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                                             effectively respond to the TA, as
                                             appropriate;                                            encourage applications for employment                 application by (1) awarding additional
                                                (C) Its proposed plan for assisting                  from persons who are members of                       points, depending on the extent to
                                             State VR agencies to build training                     groups that have historically been                    which the application meets the priority
                                             systems that include professional                       underrepresented based on race, color,                (34 CFR 75.105(c)(2)(i)); or (2) selecting
                                             development based on adult learning                     national origin, gender, age, or                      an application that meets the priority
                                             principles and coaching; and                            disability, as appropriate;                           over an application of comparable merit


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                                                              Federal Register / Vol. 80, No. 156 / Thursday, August 13, 2015 / Rules and Regulations                                              48449

                                             that does not meet the priority (34 CFR                 (recognizing that some benefits and                   increase the percentage of individuals
                                             75.105(c)(2)(ii)).                                      costs are difficult to quantify);                     with disabilities who receive services
                                               Invitational priority: Under an                          (2) Tailor its regulations to impose the           through the State VR agencies who
                                             invitational priority, we are particularly              least burden on society, consistent with              achieve competitive integrated
                                             interested in applications that meet the                obtaining regulatory objectives and                   employment outcomes. This priority
                                             priority. However, we do not give an                    taking into account—among other things                would promote the efficient and
                                             application that meets the priority a                   and to the extent practicable—the costs               effective use of Federal funds.
                                             preference over other applications (34                  of cumulative regulations;
                                                                                                        (3) In choosing among alternative                     Intergovernmental Review: This
                                             CFR 75.105(c)(1)).
                                                                                                     regulatory approaches, select those                   program is subject to Executive Order
                                               This notice does not preclude us from
                                             proposing additional priorities,                        approaches that maximize net benefits                 12372 and the regulations in 34 CFR
                                             requirements, definitions, or selection                 (including potential economic,                        part 79. One of the objectives of the
                                             criteria, subject to meeting applicable                 environmental, public health and safety,              Executive order is to foster an
                                             rulemaking requirements.                                and other advantages; distributive                    intergovernmental partnership and a
                                                                                                     impacts; and equity);                                 strengthened federalism. The Executive
                                               Note: This notice does not solicit                       (4) To the extent feasible, specify
                                             applications. In any year in which we choose
                                                                                                                                                           order relies on processes developed by
                                                                                                     performance objectives, rather than the               State and local governments for
                                             to use this priority, we invite applications
                                             through a notice in the Federal Register.
                                                                                                     behavior or manner of compliance a                    coordination and review of proposed
                                                                                                     regulated entity must adopt; and                      Federal financial assistance.
                                             Executive Orders 12866 and 13563                           (5) Identify and assess available
                                                                                                     alternatives to direct regulation,                       This document provides early
                                             Regulatory Impact Analysis                              including economic incentives—such as                 notification of our specific plans and
                                                                                                     user fees or marketable permits—to                    actions for this program.
                                                Under Executive Order 12866, the
                                             Secretary must determine whether this                   encourage the desired behavior, or                       Accessible Format: Individuals with
                                             regulatory action is ‘‘significant’’ and,               provide information that enables the                  disabilities can obtain this document in
                                             therefore, subject to the requirements of               public to make choices.                               an accessible format (e.g., braille, large
                                             the Executive order and subject to                         Executive Order 13563 also requires                print, audiotape, or compact disc) on
                                             review by the Office of Management and                  an agency ‘‘to use the best available                 request to the program contact person
                                             Budget (OMB). Section 3(f) of Executive                 techniques to quantify anticipated                    listed under FOR FURTHER INFORMATION
                                             Order 12866 defines a ‘‘significant                     present and future benefits and costs as              CONTACT.
                                             regulatory action’’ as an action likely to              accurately as possible.’’ The Office of
                                                                                                     Information and Regulatory Affairs of                    Electronic Access to This Document:
                                             result in a rule that may—                                                                                    The official version of this document is
                                                (1) Have an annual effect on the                     OMB has emphasized that these
                                                                                                     techniques may include ‘‘identifying                  the document published in the Federal
                                             economy of $100 million or more, or                                                                           Register. Free Internet access to the
                                             adversely affect a sector of the economy,               changing future compliance costs that
                                                                                                     might result from technological                       official edition of the Federal Register
                                             productivity, competition, jobs, the
                                                                                                     innovation or anticipated behavioral                  and the Code of Federal Regulations is
                                             environment, public health or safety, or
                                                                                                     changes.’’                                            available via the Federal Digital System
                                             State, local, or tribal governments or
                                                                                                        We are issuing this final priority only            at: www.gpo.gov/fdsys. At this site you
                                             communities in a material way (also
                                                                                                     on a reasoned determination that its                  can view this document, as well as all
                                             referred to as an ‘‘economically
                                                                                                     benefits justify its costs. In choosing               other documents of this Department
                                             significant’’ rule);
                                                                                                     among alternative regulatory                          published in the Federal Register, in
                                                (2) Create serious inconsistency or                  approaches, we selected those
                                             otherwise interfere with an action taken                                                                      text or Adobe Portable Document
                                                                                                     approaches that maximize net benefits.                Format (PDF). To use PDF you must
                                             or planned by another agency;                           Based on the analysis that follows, the
                                                (3) Materially alter the budgetary                                                                         have Adobe Acrobat Reader, which is
                                                                                                     Department believes that this regulatory              available free at the site.
                                             impacts of entitlement grants, user fees,               action is consistent with the principles
                                             or loan programs or the rights and                      in Executive Order 13563.                                You may also access documents of the
                                             obligations of recipients thereof; or                      We also have determined that this                  Department published in the Federal
                                                (4) Raise novel legal or policy issues               regulatory action does not unduly                     Register by using the article search
                                             arising out of legal mandates, the                      interfere with State, local, and tribal               feature at: www.federalregister.gov.
                                             President’s priorities, or the principles               governments in the exercise of their                  Specifically, through the advanced
                                             stated in the Executive order.                          governmental functions.                               search feature at this site, you can limit
                                                This final regulatory action is not a                   In accordance with both Executive                  your search to documents published by
                                             significant regulatory action subject to                orders, the Department has assessed the               the Department.
                                             review by OMB under section 3(f) of                     potential costs and benefits, both
                                             Executive Order 12866.                                                                                          Dated: August 7, 2015.
                                                                                                     quantitative and qualitative, of this
                                                We have also reviewed this final                     regulatory action. The potential costs                Michael K. Yudin,
                                             regulatory action under Executive Order                 are those resulting from statutory                    Assistant Secretary for Special Education and
                                             13563, which supplements and                            requirements and those we have                        Rehabilitative Services.
                                             explicitly reaffirms the principles,                    determined as necessary for                           [FR Doc. 2015–20011 Filed 8–12–15; 8:45 am]
                                             structures, and definitions governing                   administering the Department’s                        BILLING CODE 4000–01–P
                                             regulatory review established in
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                                                                                                     programs and activities.
                                             Executive Order 12866. To the extent                       Through this priority, State VR
                                             permitted by law, Executive Order                       agencies will receive TA to improve the
                                             13563 requires that an agency—                          quality of VR services and the
                                                (1) Propose or adopt regulations only                competitive integrated employment
                                             upon a reasoned determination that                      outcomes achieved by individuals with
                                             their benefits justify their costs                      disabilities, which ultimately will


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Document Created: 2018-02-23 10:57:07
Document Modified: 2018-02-23 10:57:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal priority.
DatesThis priority is effective September 14, 2015.
ContactJerry Elliott, U.S. Department of Education, 400 Maryland Avenue SW., Room 5021, Potomac Center Plaza (PCP), Washington, DC 20202-2800. Telephone: (202) 245-7335 or by email: [email protected]
FR Citation80 FR 48443 

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