80 FR 48696 - Final Priority and Definitions-Rehabilitation Training: Vocational Rehabilitation Technical Assistance Center-Targeted Communities

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 157 (August 14, 2015)

Page Range		48696-48702
FR Document		2015-20014
The Assistant Secretary for Special Education and Rehabilitative Services announces a priority and definitions under the Rehabilitation Training program to fund a cooperative agreement to develop and support a Vocational Rehabilitation Technical Assistance Center for Targeted Communities (VRTAC-TC). The Assistant Secretary may use the priority and definitions for competitions in fiscal year (FY) 2015 and later years. We take this action to focus Federal financial assistance on an identified national need. We intend the VRTAC-TC to improve the capacity of State vocational rehabilitation (VR) agencies and their partners to increase participation levels for individuals with disabilities from low-income communities and to equip these individuals with the skills and competencies needed to obtain high- quality competitive integrated employment.
Federal Register, Volume 80 Issue 157 (Friday, August 14, 2015)
[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Rules and Regulations]
[Pages 48696-48702]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20014]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2015-OSERS-0070]


Final Priority and Definitions--Rehabilitation Training: 
Vocational Rehabilitation Technical Assistance Center-Targeted 
Communities

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

ACTION: Final priority and definitions.

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[CFDA Number: 84.264F.]
SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services announces a priority and definitions under the 
Rehabilitation Training program to fund a cooperative agreement to 
develop and support a Vocational Rehabilitation Technical Assistance 
Center for Targeted Communities (VRTAC-TC). The Assistant Secretary may 
use the priority and definitions for competitions in fiscal year (FY) 
2015 and later years. We take this action to focus Federal financial 
assistance on an identified national need. We intend the VRTAC-TC to 
improve the capacity of State vocational rehabilitation (VR) agencies 
and their partners to increase participation levels for individuals 
with disabilities from low-income communities and to equip these 
individuals with the skills and competencies needed to obtain high-
quality competitive integrated employment.

DATES: Effective Date: The priority and definitions are effective 
September 14, 2015.

FOR FURTHER INFORMATION CONTACT: Felipe Lulli, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5054, Potomac Center Plaza 
(PCP), Washington, DC 20202-2800. Telephone: (202) 245-7425 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 (WIOA), the Rehabilitation Services Administration 
(RSA) makes grants to States and public or nonprofit agencies and 
organizations (including institutions of higher education (IHEs)) 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 and definitions (NPP) 
for this competition in the Federal Register on June 26, 2015 (80 FR 
36736). That notice contained background information and

[[Page 48697]]

our reasons for proposing the particular priority and definitions. 
Other than minor, technical revisions, there are no differences between 
the proposed priority and definitions and the final priority and 
definitions.
    Public Comment: In response to our invitation in the NPP, three 
parties submitted comments.
    Generally, we do not address technical and other minor changes.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priority and definitions since publication of the 
NPP follows.
    Comment: One commenter suggested that consideration be given under 
paragraph (c) of the Application Requirements, ``Quality of the 
Evaluation Plan,'' to plans that have a strong qualitative evaluation 
component, such as measuring outcomes that include a focus on positive 
deviance and those factors associated with successful employment 
outcomes.
    Discussion: We agree with the commenter that qualitative evaluation 
components should be an important aspect of the evaluation plan for the 
priority. We believe that the requirements in the priority sufficiently 
address any concern about strong qualitative evaluation. We decline to 
require applicants to propose an evaluation plan with a focus on the 
specific qualitative components that the commenter suggests, as we want 
applicants to have the flexibility to propose an evaluation plan that 
is tailored to the applicants' specific proposed projects. However, 
nothing in the priority precludes applicants from including in their 
evaluation plan the components suggested by the commenter.
    Changes: None.
    Comment: One commenter suggested we include in the definition of 
``high-leverage groups with national applicability'' a category for 
individuals with disabilities of employable age who are living in 
institutional or similar settings. The commenter noted that there are 
many individuals living in such settings who are waiting for long 
periods to receive community and employment supports, but who would 
want or need to work.
    Discussion: We agree that providing community living and employment 
supports to individuals who are living in institutional or similar 
settings addresses an important problem, but the priority is not 
intended to address the lack of community-based supports for 
individuals residing in these types of settings. Rather, the priority 
is designed to improve VR participation and employment outcomes for 
individuals who are living in low-income communities, and for whom 
poverty creates additional barriers to VR participation. Of course, 
there may be some overlap with individuals with disabilities who live 
in community group homes or similar situations in low-income areas. To 
the extent that these overlaps exist, the individuals highlighted by 
the commenter would directly benefit from this priority.
    Changes: None.
    Comment: One commenter recommended that a mix of rural and urban 
settings be considered in selecting the targeted communities because 
resources, employment options, and other characteristics differ greatly 
between urban and rural settings.
    Discussion: We agree that the issues facing individuals with 
disabilities living in rural areas often differ from issues facing 
individuals with disabilities in urban areas. Residents of rural and 
remote areas are included in the definition of ``high-leverage groups 
with national applicability,'' and therefore could be addressed in the 
TA provided by the VRTAC-TC. Additionally, in reviewing the TA 
proposals from the VRTAC-TC, RSA will ensure that the selected targeted 
communities reflect a wide variety of communities.
    Changes: None.
    Comment: One commenter recommended that we include the analysis of 
findings and best practices available from the PROMISE (Promoting 
Readiness of Minors in Social Security Income) grant sites as a first-
year activity for the VRTAC, because PROMISE grant sites also seek to 
establish collaborative, wrap-around services, though for children 
receiving Supplemental Security Income (SSI).
    Discussion: Nothing in the priority would preclude an applicant 
from including the review of available information from PROMISE 
projects in its proposed knowledge development activities. However, 
please note that while such projects may be able to provide valuable 
information on lessons learned in the implementation of collaborative 
service strategies during the first year of the VRTAC-TC, it is 
unlikely that new findings on best practices will be available during 
this time period.
    Changes: None.
    Comment: One commenter indicated a concern about the lack of 
regionally based TA that was formerly provided by the Regional 
Technical Assistance and Continuing Education (TACE) centers.
    Discussion: We recognize the commenter's concern, and it is one 
that was raised and addressed in the notice of final priority for the 
Job-Driven Vocational Rehabilitation Technical Assistance Center (79 FR 
48983). The VRTAC-TC is not intended to provide comprehensive TA to 
State VR agencies in the way that the TACE centers were intended to do. 
Instead, the VRTAC-TC will focus on addressing the long-term and 
systemic issues facing persistently under-served communities across the 
Nation (including in eight of the nine Census divisions). While we 
intend that the communities chosen and the strategies developed for 
responding to their needs will have national applicability, not all 
State VR agencies will be able to use all of the tools or resources 
developed by the VRTAC-TC. However, we believe that across RSA's suite 
of TA investments, the varying needs of State VR agencies will be 
adequately met, despite RSA's decision not to continue support for the 
TACE program.
    Changes: None.
    Final Priority:
    The Assistant Secretary for Special Education and Rehabilitative 
Services announces a priority for a cooperative agreement to establish 
a Vocational Rehabilitation Technical Assistance Center for Targeted 
Communities (VRTAC-TC) to provide technical assistance (TA) and 
training to upgrade and increase the competency, skills, and knowledge 
of vocational rehabilitation (VR) counselors and other professionals to 
assist economically disadvantaged individuals with disabilities (as 
defined in this notice) to achieve competitive integrated employment 
outcomes.
    The VRTAC-TC will facilitate linkages for the State VR agencies 
through substantial outreach to partner agencies within targeted 
communities (as defined in this notice) to increase the resources and 
key partnerships needed to address the daily living stressors that 
often result in unsuccessful VR case closures, including childcare 
needs, homelessness, hunger, safety concerns, interpersonal issues, and 
lack of transportation, basic or remedial education services, and 
literacy services.

TA and Training Deliverables

    The VRTAC-TC must, at a minimum, develop and provide training, TA, 
and opportunities for ongoing discussion in each of the following areas 
to rehabilitation professionals and staff from both (1) the State VR 
agencies and partner agencies who are serving the targeted communities, 
and (2) diverse service providers throughout the Nation, including 
State VR agency staff, who work with high-leverage groups with

[[Page 48698]]

national applicability (as defined in this notice) in other 
economically disadvantaged communities similar to the targeted 
communities that are the focus of this priority:
    (a) Developing and maintaining formal and informal partnerships and 
relationships with relevant stakeholders (including, but not limited 
to, State and local social service and community development agencies, 
correctional facilities, community rehabilitation programs (CRPs), 
school systems, and employers) for the following coordinated 
activities:
    (1) Increasing referrals to the State VR system for economically 
disadvantaged individuals with disabilities from at least two high-
leverage groups with national applicability residing in each of the 
targeted communities; and
    (2) Facilitating the provision of support services by stakeholders 
to VR consumers and applicants from at least two high-leverage groups 
with national applicability residing in each of the targeted 
communities;
    (b) Developing and implementing outreach policies and procedures 
based on evidence-based and promising practices that ensure that 
consumers with disabilities from each of the targeted communities are 
located, identified, and evaluated for services; and
    (c) Developing and implementing collaborative and coordinated 
service strategies designed to increase the number of consumers with 
disabilities from targeted communities who are served by the State VR 
agencies, receive support services from other stakeholders, and obtain, 
maintain, regain, or advance in competitive integrated employment.
    Project Activities:
    To meet the requirements of this priority, the VRTAC-TC must, at a 
minimum, conduct the following activities:

Knowledge Development Activities

    (a) Within the first year, survey each of the 80 State VR agencies 
regarding the action steps, including emerging, promising, and 
evidence-based practices utilized, that the VR agencies have previously 
used to address substandard participation levels and performance 
outcomes achieved by residents of targeted communities within their 
States;
    (b) Within the first year, conduct a literature review of emerging, 
promising, and evidence-based practices relevant to the work of the 
VRTAC-TC. The review should include, at a minimum, research on place-
based interventions and the particular needs of economically 
disadvantaged individuals with disabilities;
    (c) By the end of the first year, post on its Web site the results 
of its survey and literature review; and
    (d) Categorize, analyze, and provide an opportunity for interactive 
commentary by VR professionals about all information posted on its Web 
site in order to identify the workforce participation challenges and 
resources that underserved individuals with disabilities (as defined in 
this notice) from economically disadvantaged communities tend to have 
in common and to identify examples of the types of VR services that 
have been used to address their employment and training needs. This 
interactive process should facilitate both evaluating and adjusting the 
ongoing and planned interventions within the targeted communities and 
the development of effective practices for the nationwide VR community.

Targeted Community Selection and Development

    (a) In the first year, survey each of the 80 State VR agencies to 
identify two or more groups of underserved individuals with 
disabilities from one or more targeted communities in each of their 
respective States. All identified targeted communities in each State 
must meet the eligibility requirements for designation as an 
Empowerment Zone under either 24 CFR 598.100 or 7 CFR 25.100;
    (b) Develop intensive TA (as defined in this notice) proposals for 
at least 20 targeted communities to present to the Rehabilitation 
Services Administration (RSA). The proposals must:
    (1) Include communities that reflect national diversity with 
respect to State, region, and culture. Communities must be situated in 
at least 12 States and territories located within no fewer than eight 
of the nine Census Divisions (State groupings) defined by the U.S. 
Census Bureau (For more information on Census Divisions, see 
www.census.gov/geo/reference/gtc/gtc_census_divreg.html). No more than 
two targeted communities may be located within any one State or 
territory, and no more than four may be located within any one Census 
Division; and
    (2) Include the following information for each targeted community 
recommended:
    (A) A map that shows the targeted community's boundaries and 
relevant demographic characteristics, including poverty concentration;
    (B) Documentation that within the targeted community's boundaries:
    (i) The median household income is below 200 percent of the Federal 
poverty level; and
    (ii) The rate of unemployment is at or above the national annual 
average rate;
    (C) A performance chart of State VR agency data that documents 
substandard participation levels and performance outcomes achieved by 
VR consumers and applicants from high-leverage groups with national 
applicability from the targeted communities in comparison to the 
State's overall performance that includes the following for all 
relevant groups:
    (i) The number of applicants and percentage of the overall 
population;
    (ii) The number and percentage of individuals determined eligible;
    (iii) The number and percentage of individuals receiving VR 
services pursuant to an individualized plan for employment;
    (iv) The number and percentage of individuals whose service records 
were closed without employment; and
    (v) The number and percentage of individuals whose service records 
were closed after achieving employment;
    (D) A brief (one or two pages) overview by the State VR agency 
addressing the following for high-leverage groups with national 
applicability from the targeted communities:
    (i) The factors that the agency believes have contributed to the 
substandard performance outlined in the chart; and
    (ii) Action steps that the VR agency has previously taken to 
address these performance gaps;
    (E) A two- or three-page proposed intensive TA work plan by the 
VRTAC-TC that addresses:
    (i) The performance gaps summarized in the chart required by 
paragraph (b)(2)(C) of this section;
    (ii) The barriers to employment described in the State VR agency's 
overview statement required by paragraph (b)(2)(D) of this section;
    (iii) The strategies being proposed to remediate the identified 
barriers in the targeted community;
    (iv) The potential replicability of the strategies in the work plan 
for targeted communities in other parts of the State; and
    (v) The potential to replicate the strategies in the work plan for 
targeted communities in other States; and
    (F) Letters of support from the State VR agency and partners in the 
community (e.g., employers, secondary and post-secondary educational 
institutions, and community leaders) stating their intent to work 
cooperatively with the VRTAC-TC should the targeted community be chosen 
as a recipient of intensive TA.

[[Page 48699]]

Targeted Community Timeline

    (a) By the end of the first year, provide RSA with, at minimum, 10 
proposals (as described in paragraph (b) of the ``Targeted Community 
Selection and Development'' section of this priority) from which RSA 
will select six to receive intensive TA from the VRTAC-TC;
    (b) By no later than the third quarter of the second year provide 
RSA with, at minimum, 10 proposals (as described in paragraph (b) of 
the ``Targeted Community Selection and Development'' section of this 
priority) in addition to the proposals described in paragraph (a) of 
this section, from which RSA will select six to receive intensive TA 
from the VRTAC-TC;
    (c) By no later than the first quarter of the second year, begin 
providing intensive TA to VR staff, CRPs, employers, education and 
training entities, and community leaders, as appropriate, in at least 
three of the targeted communities approved by RSA in the first year;
    (d) By no later than the third quarter of the second year, be 
providing intensive TA to VR staff, CRPs, employers, education and 
training entities, and community leaders, as appropriate, in all 
targeted communities approved by RSA in the first year;
    (e) By no later than the first quarter of the third year, begin 
providing intensive TA to VR staff, CRPs, employers, education and 
training entities, and community leaders, as appropriate, in at least 
three of the targeted communities approved by RSA in the second year; 
and
    (f) By no later than the third quarter of the third year, be 
providing intensive TA to VR staff, CRPs, employers, education and 
training entities, and community leaders, as appropriate, to all 
targeted communities approved by RSA in the second year.

Technical Assistance Activities

    (a) At a minimum, provide intensive TA that is aligned with the 
proposals described in paragraph (b) of the ``Targeted Community 
Selection and Development'' section of this priority to the VR agency 
within each of the targeted communities on the following topic areas, 
as appropriate:
    (1) Using labor market data and occupational information to provide 
individuals with disabilities from high-leverage groups with national 
applicability who reside in targeted communities with information about 
job demand, skills matching, supports, education, training, and career 
options;
    (2) Providing disability-related consultation and services to 
employers about competitive integrated employment of economically 
disadvantaged individuals with disabilities from high-leverage groups 
with national applicability;
    (3) Building and maintaining relationships in targeted communities 
with industry leaders, employer associations, and prospective employers 
of economically disadvantaged individuals with disabilities from high-
leverage groups with national applicability;
    (4) Building and maintaining relationships with secondary and post-
secondary institutions and CRPs that serve to support transition 
activities and leverage programs and providers of basic education, 
remedial learning, and literacy services to the targeted communities 
and are committed to providing individualized wrap-around VR services 
that are attuned to the remedial and ongoing support services needed by 
economically disadvantaged individuals with disabilities;
    (5) Building and maintaining alliances with schools, community 
organizations, and business leaders with a heightened understanding of 
the acculturation and assimilation issues within the targeted 
communities regarding culture, religion, language, dialect, and 
socioeconomic status that might be impeding full participation of the 
economically disadvantaged individuals with disabilities from high-
leverage groups with national applicability; and
    (6) Developing services for providers of customized training and 
other types of training that are directly responsive to employer needs 
and hiring requirements for economically disadvantaged individuals with 
disabilities from high-leverage groups with national applicability;
    (b) By the end of the first year, post on its Web site State agency 
overview statements specific to high-leverage groups with national 
applicability along with related VR research studies identified by the 
VRTAC-TC;
    (c) Establish no fewer than two communities of practice with the 
following areas of focus:
    (1) One community of practice should be designed to specifically 
support State VR agency and related agency staff and management serving 
targeted communities; and
    (2) One community of practice should be designed to be open to all 
staff and management serving economically disadvantaged communities 
nationwide and to address the employment needs of individuals with 
disabilities in those communities;
    (d) Ensure that the communities of practice described in paragraph 
(c) of this section focus on partnerships across service systems 
designed to develop, implement, adjust, support, and evaluate VR 
processes and strategies for promoting competitive integrated 
employment for high-leverage groups with national applicability from 
targeted communities; and
    (e) Develop and make available to State VR agencies and their 
associated rehabilitation professionals and service providers a range 
of targeted TA and general TA products and services designed to 
increase VR participation levels and outcomes achieved by individuals 
with disabilities from targeted communities. This TA must include, at a 
minimum, the following activities:
    (1) Developing 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; and

    Note:  All products produced by the VRTAC-TC must meet 
government and industry-recognized standards for accessibility, 
including section 508 of the Rehabilitation Act. In meeting these 
requirements, the VRTAC-TC may either develop a new platform or 
system, or modify existing platforms or systems, so long as the 
requirements of the priority are met.

    (2) Ensuring that all TA products are sent to the National Center 
for Rehabilitation Training Materials, including course curricula, 
audiovisual materials, Webinars, and examples of emerging and best 
practices related to this priority;
    (f) During the fourth quarter of both the second year and the 
fourth year, develop and implement year-end national State VR agency 
forums dedicated to discussing the progress and lessons learned from 
the targeted communities; and
    (g) During the fourth quarter of the fifth year, present a national 
results meeting to State VR agencies to review the data collected, best 
practices developed, and lessons learned from the intensive 
intervention sites served within the 12 targeted communities, as well 
as the communities of practice described in paragraph (c) of this 
section.

Coordination Activities

    (a) Facilitate communication and coordination on an ongoing basis 
with other Federal agencies, State agencies, and local government 
workforce development partners, as well as private and nonprofit social 
service agencies and other VR TA centers funded by RSA, in order to:

[[Page 48700]]

    (1) Maximize existing individual and community assets to 
effectively address socioeconomic issues that impact employment and 
overall well-being;
    (2) Create a mechanism for partner organizations and community 
members to participate in the VR program planning process, including 
brainstorming and vetting new ideas and approaches to VR service 
provision;
    (3) Create an active online community of practice that addresses 
the needs of participants;
    (4) Organize the online community of practice to address both 
general barriers to employment faced by individuals with disabilities 
from targeted communities, and barriers to employment faced by 
individuals with disabilities from diverse high-leverage groups with 
national applicability including, but not limited to, adjudicated 
adults and youth, persons with multiple disabilities, and high school 
dropouts; and
    (5) Provide greater access for targeted communities to culturally 
relevant VR services provided by State VR agency personnel with the 
support of VRTAC-TC staff and community partners;
    (b) Communicate and coordinate, on an ongoing basis, with the 
communities of practice described in paragraph (c) of the ``Technical 
Assistance Activities'' section of this priority; and
    (c) Maintain ongoing communications with the RSA project officer.
    Application Requirements:
    To be funded under this priority, applicants must meet the 
following application requirements. RSA encourages innovative 
approaches to meet these requirements, which are:
    (a) Demonstrate, in the narrative section of the application, under 
``Significance of the Project,'' how the proposed project will--
    (1) Recruit State VR agencies to identify targeted communities with 
intensive TA needs to take part in the services supported by this 
priority, including a detailed description of the primary factors and 
processes proposed to facilitate the identification and selection of 
these communities;
    (2) Address State VR agencies' capacity to meet the employment and 
training needs of individuals with disabilities from high-leverage 
groups with national applicability from targeted communities. To meet 
this requirement, the applicant must:
    (i) Demonstrate knowledge of emerging and best practices in 
conducting outreach and providing VR services to applicants and 
consumers from economically disadvantaged communities; and
    (ii) Demonstrate knowledge of emerging and best practices in 
conducting outreach and providing VR services to high-leverage groups 
with national applicability that are frequently reported as underserved 
or achieving substandard employment outcomes in statewide comprehensive 
needs assessments, VR-related research studies, or monitoring reports 
prepared by RSA pursuant to periodic onsite monitoring visits; and
    (3) Result in increases both in the number of individuals with 
disabilities from high-leverage groups with national applicability 
receiving services from State VR agencies within targeted communities 
and the number and quality of employment outcomes in competitive 
integrated employment achieved by these individuals;
    (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 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 and 
the National Council of State Agencies for the Blind, and other TA 
Centers and relevant programs within the Departments of Education, 
Labor, 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 and 
promising practices;
    (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;
    (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 the TA activity from 
State VR agencies, partners, or other sources, as appropriate; and
    (ii) Analyzing data and determining the effectiveness of the TA 
provided for at least two high-leverage groups with national 
applicability residing in each of the 12 targeted communities. This 
process includes evaluation of the effectiveness of current practices 
within the selected targeted communities throughout the project period, 
with a goal of demonstrating substantial progress towards achieving 
outcome parity for the high-leverage groups and other targeted groups 
with the State VR agency's overall performance with respect to number 
of applications received and processed, eligibility assessments 
completed, and both the number and quality of employment outcomes 
achieved;
    (2) Conduct an evaluation of progress made by all of the targeted 
communities on an annual basis. At the end of the final year of the 
project, the VRTAC-TC will submit a final report on the project 
performance to detail the outcomes of individuals with disabilities in 
the targeted communities. The evaluation will utilize multiple data 
points as evidence of progress as compared to the baseline established 
at the beginning of the project, including State VR agency reported 
data, changes in State policies and procedures, customer surveys, and 
State personnel input, as well as any other relevant stakeholder input; 
and
    (3) Collect and analyze preliminary quantitative and qualitative 
data of VR services facilitated and the outcomes achieved by 
economically disadvantaged individuals with disabilities in at least 
one other part of the State in which a targeted community is located. 
State VR personnel from the targeted communities approved by RSA within 
the first year will serve as trainers for colleagues in other parts of 
the State by applying or modifying the strategies learned from the 
VRTAC-TC;
    (d) Demonstrate, in the narrative section of the application under 
``Adequacy of Project Resources,'' how--

[[Page 48701]]

    (1) The proposed key project personnel, consultants, and 
subcontractors have the qualifications and experience to provide TA to 
State VR agencies and their partners for each of the activities in this 
priority and to achieve the project's intended outcomes;
    (2) The applicant and any key partners have adequate resources to 
carry out the proposed activities; and
    (3) The proposed costs are reasonable in relation to the 
anticipated results and benefits;
    (e) Demonstrate, in the narrative section of the application under 
``Quality of the Management Plan,'' how--
    (1) The proposed management plan will ensure that the project's 
intended outcomes will be achieved on time and within budget. To 
address this requirement, the applicant must describe--
    (i) Clearly defined responsibilities for key project personnel, 
consultants, and subcontractors, as applicable; and
    (ii) Timelines and milestones for accomplishing the project tasks;
    (2) Key project personnel and any consultants and subcontractors 
will be allocated to the project and how these allocations are 
appropriate and adequate to achieve the project's intended outcomes, 
including an assurance that such personnel will have adequate 
availability to ensure timely communications with stakeholders and RSA;
    (3) The proposed management plan will ensure that the products and 
services provided are of high quality; and
    (4) The proposed project will benefit from a diversity of 
perspectives, including those of State and local personnel, TA 
providers, researchers, and policy makers, among others, in its 
development and operation.
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    Final Definitions:
    The Assistant Secretary announces the following definitions for 
this program. We may apply one or more of these definitions in any year 
in which this program is in effect.
    Economically disadvantaged individuals with disabilities means 
individuals with disabilities who are from a household with a median 
household income below 200 percent of the Federal poverty level; 
individuals receiving Federal financial assistance through Temporary 
Assistance to Needy Families (TANF), Social Security Disability 
Insurance (SSDI), or Supplemental Security Income (SSI); or individuals 
residing in public housing and participating in the Section 8 housing-
choice voucher program.
    General technical assistance (TA) 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.
    High-leverage groups with national applicability means groups of 
individuals with disabilities who are frequently identified by State VR 
agencies throughout the Nation in their statewide comprehensive needs 
assessments as groups comprised of individuals that are either 
underserved or who have achieved substandard performance. Examples of 
these groups include, but are not limited to, the following 
populations:
    (A) Residents of rural and remote communities;
    (B) Adjudicated adults and youth;
    (C) Youth with disabilities in foster care;
    (D) Individuals with disabilities receiving Federal financial 
assistance through TANF;
    (E) Culturally diverse populations, e.g., African Americans, Native 
Americans, and non-English speaking populations;
    (F) High school dropouts and functionally illiterate consumers;
    (G) Persons with multiple disabilities, e.g., deaf-blindness, HIV/
AIDS-substance abuse; and
    (H) SSI and SSDI recipients, including subminimum-wage employees.
    Intensive technical assistance (TA) means TA services often 
provided on-site and requiring a stable, ongoing relationship between 
the VRTAC-TC staff and the TA recipient. Intensive TA should result in 
changes to policy, programs, practices, or operations that support 
increased recipient capacity or improved outcomes at one or more 
systems levels.
    Targeted community means any economically disadvantaged community 
that qualifies as an Empowerment Zone under either 24 CFR 598.100 or 7 
CFR 25.100, and in which (a) the median household income is below 200 
percent of the Federal poverty level; (b) the unemployment rate is at 
or above the national average; and (c) as a group, individuals with 
disabilities have historically sought, been determined eligible for, or 
received VR services from a State VR agency at less than 65 percent of 
the average rate for the State VR agency, or who have achieved 
competitive integrated employment outcomes subsequent to receiving VR 
services at 65 percent or less of the State VR agency's overall 
employment outcome level.
    Targeted technical assistance (TA) 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.
    Underserved individuals with disabilities means individuals with 
disabilities who, because of disability, place of residence, geographic 
location, age, race, gender, or socioeconomic status, have not 
historically sought, been determined eligible for, or received VR 
services at a rate of 65 percent or more of the State's overall service 
level groups. Underserved individuals include, but are not limited to, 
subminimum wage employees;

[[Page 48702]]

adjudicated youth and adults; culturally diverse populations such as 
African Americans, Native Americans, and non-English speaking persons; 
individuals living in rural areas; and persons with multiple 
disabilities such as deaf-blindness.
    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 the final priority and definitions only on a 
reasoned determination that their benefits justify their costs. In 
choosing among alternative regulatory approaches, we selected those 
approaches that maximize net benefits. Based on the analysis that 
follows, the Department believes that this regulatory action is 
consistent with the principles in Executive Order 13563.
    We 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.
    The benefits of the Rehabilitation Training program have been well 
established over the years through the successful completion of similar 
projects. The priority and definitions would better prepare State VR 
agency personnel to assist individuals with disabilities living in 
targeted communities to achieve competitive integrated employment in 
today's challenging labor market.
    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. 2015-20014 Filed 8-13-15; 8:45 am]
BILLING CODE 4000-01-P
48700 Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Rules and Regulations

(1) Maximize existing individual and (ii) Demonstrate knowledge of (ii) With whom the proposed project
community assets to effectively address emerging and best practices in will collaborate and the intended
socioeconomic issues that impact conducting outreach and providing VR outcomes of this collaboration;
employment and overall well-being; services to high-leverage groups with (c) Demonstrate, in the narrative
(2) Create a mechanism for partner national applicability that are frequently section of the application under
organizations and community members reported as underserved or achieving ‘‘Quality of the Evaluation Plan,’’ how
to participate in the VR program substandard employment outcomes in the proposed project will—
planning process, including statewide comprehensive needs (1) Measure and track the
brainstorming and vetting new ideas assessments, VR-related research effectiveness of the TA provided. To
and approaches to VR service provision; studies, or monitoring reports prepared meet this requirement, the applicant
(3) Create an active online community by RSA pursuant to periodic onsite must describe its proposed approach
of practice that addresses the needs of monitoring visits; and to—
participants; (3) Result in increases both in the (i) Collecting data on the effectiveness
(4) Organize the online community of number of individuals with disabilities of the TA activity from State VR
practice to address both general barriers from high-leverage groups with national agencies, partners, or other sources, as
to employment faced by individuals applicability receiving services from appropriate; and
with disabilities from targeted State VR agencies within targeted (ii) Analyzing data and determining
communities, and barriers to communities and the number and the effectiveness of the TA provided for
employment faced by individuals with quality of employment outcomes in at least two high-leverage groups with
disabilities from diverse high-leverage competitive integrated employment national applicability residing in each of
groups with national applicability achieved by these individuals; the 12 targeted communities. This
including, but not limited to, (b) Demonstrate, in the narrative process includes evaluation of the
adjudicated adults and youth, persons section of the application, under effectiveness of current practices within
with multiple disabilities, and high ‘‘Quality of Project Services,’’ how the the selected targeted communities
school dropouts; and proposed project will— throughout the project period, with a
(5) Provide greater access for targeted (1) Achieve its goals, objectives, and goal of demonstrating substantial
communities to culturally relevant VR intended outcomes. To meet this progress towards achieving outcome
services provided by State VR agency requirement, the applicant must parity for the high-leverage groups and
personnel with the support of VRTAC– provide— other targeted groups with the State VR
TC staff and community partners; (i) Measurable intended project agency’s overall performance with
(b) Communicate and coordinate, on outcomes; respect to number of applications
an ongoing basis, with the communities (ii) A plan for how the proposed received and processed, eligibility
of practice described in paragraph (c) of project will achieve its intended assessments completed, and both the
the ‘‘Technical Assistance Activities’’ outcomes; and number and quality of employment
section of this priority; and (iii) A plan for communicating and outcomes achieved;
(c) Maintain ongoing communications coordinating with key staff in State VR (2) Conduct an evaluation of progress
with the RSA project officer. agencies, State and local partner made by all of the targeted communities
Application Requirements: programs, RSA partners such as the on an annual basis. At the end of the
To be funded under this priority, Council of State Administrators of final year of the project, the VRTAC–TC
applicants must meet the following Vocational Rehabilitation and the will submit a final report on the project
application requirements. RSA National Council of State Agencies for performance to detail the outcomes of
encourages innovative approaches to the Blind, and other TA Centers and individuals with disabilities in the
meet these requirements, which are: relevant programs within the targeted communities. The evaluation
(a) Demonstrate, in the narrative Departments of Education, Labor, and will utilize multiple data points as
section of the application, under Commerce; evidence of progress as compared to the
‘‘Significance of the Project,’’ how the (2) Use a conceptual framework to baseline established at the beginning of
proposed project will— develop project plans and activities, the project, including State VR agency
(1) Recruit State VR agencies to describing any underlying concepts, reported data, changes in State policies
identify targeted communities with assumptions, expectations, beliefs, or and procedures, customer surveys, and
intensive TA needs to take part in the theories, as well as the presumed State personnel input, as well as any
services supported by this priority, relationships or linkages among these other relevant stakeholder input; and
including a detailed description of the variables, and any empirical support for (3) Collect and analyze preliminary
primary factors and processes proposed this framework; quantitative and qualitative data of VR
to facilitate the identification and (3) Be based on current research and services facilitated and the outcomes
selection of these communities; make use of evidence-based and achieved by economically
(2) Address State VR agencies’ promising practices; disadvantaged individuals with
capacity to meet the employment and (4) Develop products and provide disabilities in at least one other part of
training needs of individuals with services that are of high quality and the State in which a targeted community
disabilities from high-leverage groups sufficient intensity and duration to is located. State VR personnel from the
with national applicability from targeted achieve the intended outcomes of the targeted communities approved by RSA
communities. To meet this requirement, proposed project; within the first year will serve as
the applicant must: (5) Develop products and implement trainers for colleagues in other parts of
tkelley on DSK3SPTVN1PROD with RULES

(i) Demonstrate knowledge of services to maximize the project’s the State by applying or modifying the
emerging and best practices in efficiency. To address this requirement, strategies learned from the VRTAC–TC;
conducting outreach and providing VR the applicant must describe— (d) Demonstrate, in the narrative
services to applicants and consumers (i) How the proposed project will use section of the application under
from economically disadvantaged technology to achieve the intended ‘‘Adequacy of Project Resources,’’
communities; and project outcomes; and how—

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Document Created: 2018-02-23 10:58:48
Document Modified: 2018-02-23 10:58:48
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final priority and definitions.
Dates		Effective Date: The priority and definitions are effective September 14, 2015.
Contact		Felipe Lulli, U.S. Department of Education, 400 Maryland Avenue SW., Room 5054, Potomac Center Plaza (PCP), Washington, DC 20202-2800. Telephone: (202) 245-7425 or by email: [email protected]
FR Citation		80 FR 48696