Rehabilitation Research and Training Center (RRTCs) on Vocational Rehabilitation (VR) and Developing Strategies To Meet Employer Needs in Changing Economic Environments, 27035-27039 [2012-11097]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 77, Number 89 (Tuesday, May 8, 2012)]
[Notices]
[Pages 27035-27039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11097]


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DEPARTMENT OF EDUCATION


Rehabilitation Research and Training Center (RRTCs) on Vocational 
Rehabilitation (VR) and Developing Strategies To Meet Employer Needs in 
Changing Economic Environments

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

ACTION: Notice.

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    Overview Information:
    CFDA Number: 84.133B-1.
    Proposed Priority--National Institute on Disability and 
Rehabilitation Research (NIDRR)--Disability and Rehabilitation Research 
Projects and Centers Program--Rehabilitation Research and Training 
Center (RRTCs) on Vocational Rehabilitation (VR) and Developing 
Strategies to Meet Employer Needs in Changing Economic Environments.
SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services proposes a funding priority for the Disability 
and Rehabilitation Research Projects and Centers Program administered 
by NIDRR. Specifically, this notice proposes a priority for an RRTC on 
Vocational Rehabilitation and Developing Strategies to Meet Employer 
Needs in Changing Economic Environments. The Assistant Secretary may 
use this priority for competitions in fiscal year (FY) 2012 and later 
years. We take this action to focus research attention on areas of 
national need. We intend this priority to improve employment outcomes 
for individuals with disabilities.

DATES: We must receive your comments on or before June 7, 2012.

ADDRESSES: Address all comments about this notice to Marlene Spencer, 
U.S. Department of Education, 400 Maryland Avenue SW., Room 5133, 
Potomac Center Plaza (PCP), Washington, DC 20202-2700.
    If you prefer to send your comments by email, use the following 
address: marlene.spencer@ed.gov. You must include the term ``Proposed 
Priority--RRTC on Vocational Rehabilitation and the Local and Regional 
Economic Environments'' in the subject line of your electronic message.

FOR FURTHER INFORMATION CONTACT: Marlene Spencer. Telephone: (202) 245-
7532 or by email: marlene.spencer@ed.gov.
    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.

[[Page 27036]]


SUPPLEMENTARY INFORMATION: This notice of proposed priority is in 
concert with NIDRR's currently approved Long-Range Plan (Plan). The 
Plan, which was published in the Federal Register on February 15, 2006 
(71 FR 8165), can be accessed on the Internet at the following site: 
www.ed.gov/about/offices/list/osers/nidrr/policy.html.
    Through the implementation of the Plan, NIDRR seeks to: (1) Improve 
the quality and utility of disability and rehabilitation research; (2) 
foster an exchange of expertise, information, and training to 
facilitate the advancement of knowledge and understanding of the unique 
needs of traditionally underserved populations; (3) determine best 
strategies and programs to improve rehabilitation outcomes for 
underserved populations; (4) identify research gaps; (5) identify 
mechanisms of integrating research and practice; and (6) disseminate 
findings.
    This notice proposes a priority that NIDRR intends to use for RRTC 
competitions in FY 2012 and possibly later years. However, nothing 
precludes NIDRR from publishing additional priorities, if needed. 
Furthermore, NIDRR is under no obligation to make an award for this 
priority. The decision to make an award will be based on the quality of 
applications received and available funding.
    Invitation to Comment: We invite you to submit comments regarding 
this notice. To ensure that your comments have maximum effect in 
developing the notice of final priority, we urge you to identify 
clearly the specific topic that each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866 and 13563 and their overall 
requirement of reducing regulatory burden that might result from this 
notice. Please let us know of any further ways we could reduce 
potential costs or increase potential benefits while preserving the 
effective and efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about this notice in room 5133, 550 12th Street SW., PCP, 
Washington, DC, between the hours of 8:30 a.m. and 4 p.m., Washington, 
DC, time, Monday through Friday of each week except Federal holidays.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.
    Purpose of Program: The purpose of the Disability and 
Rehabilitation Research Projects and Centers Program is to plan and 
conduct research, demonstration projects, training, and related 
activities, including international activities; to develop methods, 
procedures, and rehabilitation technology that maximize the full 
inclusion and integration into society, employment, independent living, 
family support, and economic and social self-sufficiency of individuals 
with disabilities, especially individuals with the most severe 
disabilities; and to improve the effectiveness of services authorized 
under the Rehabilitation Act of 1973, as amended (Rehabilitation Act).
    RRTC Program: The purpose of the RRTCs, which are funded through 
the Disability and Rehabilitation Research Projects and Centers 
Program, is to improve the effectiveness of services authorized under 
the Rehabilitation Act, through advanced research, training, technical 
assistance, and dissemination activities in general problem areas, as 
specified by NIDRR. Such activities are designed to benefit 
rehabilitation service providers, individuals with disabilities, and 
the family members or other authorized representatives of individuals 
with disabilities. Additional information on the RRTC program can be 
found at: www.ed.gov/rschstat/research/pubs/res-program.html#RRTC.

Statutory and Regulatory Requirements of RRTCs

    RRTCs must--
     Carry out coordinated advanced programs of rehabilitation 
research;
     Provide training, including graduate, pre-service, and in-
service training, to help rehabilitation personnel more effectively 
provide rehabilitation services to individuals with disabilities;
     Provide technical assistance to individuals with 
disabilities, their representatives, providers, and other interested 
parties;
     Disseminate informational materials to individuals with 
disabilities, their representatives, providers, and other interested 
parties; and
     Serve as centers of national excellence in rehabilitation 
research for individuals with disabilities, their representatives, 
providers, and other interested parties.
    Applicants for RRTC grants must also demonstrate in their 
applications how they will address, in whole or in part, the needs of 
individuals with disabilities from minority backgrounds.
    Program Authority: 29 U.S.C. 762(g) and 764(b)(2).
    Applicable Program Regulations: 34 CFR part 350.
    Proposed Priority:
    This notice contains one proposed priority.

Rehabilitation Research and Training Center (RRTC) on Vocational 
Rehabilitation and Developing Strategies To Meet Employer Needs in 
Changing Economic Environments

Background

    The Rehabilitation Act authorizes the establishment of the State VR 
Services Program (VR Program). This program is facing new challenges in 
the current economy, which has resulted in job losses for many American 
workers. During the period between 2007 and 2009, the size of the 
employed workforce decreased for all working-age persons. However, 
individuals with disabilities experienced a 12.3 percent employment 
rate decline, from 4.7 million to 4.2 million, as compared to a 3.4 
percent employment rate decline for working-age adults without 
disabilities (Kaye, 2010). Furthermore, the length of time that 
individuals with disabilities remained unemployed during this period 
was 25 percent longer than the duration for individuals without 
disabilities (Fogg, Harrington & McMahon, 2010, 2011). There has also 
been a decrease in successful outcomes for consumers who received 
services through the VR program. In 2007, 205,447 (34.2 percent) of VR 
participants exited the program with employment. These figures declined 
to 171,904 (26 percent) of VR participants by 2010 (Rehabilitation 
Services Administration, 2012). Employers' decisions to hire and retain 
workers are rooted in economic conditions and trends. Employers base 
hiring decisions on their need for workers to meet demands of their 
businesses (Banerij, McArthur, Mainardi & Ammann, 2009; Quelch & Jocz, 
2009). Therefore, the ability to match VR program participants with 
employer needs is enhanced when rehabilitation professionals have an 
understanding of the dynamic economic context in which individuals with 
disabilities and employers exist. For example, labor market variables 
such as unemployment rates and per-capita income have a significant 
influence on employment outcomes for individuals with disabilities 
(Government Accountability Office, 2007). VR professionals need to

[[Page 27037]]

have an understanding of the economic environment in which prospective 
employers exist (e.g., which sectors of the economy are growing, and 
which sectors are downsizing). Accordingly, if rehabilitation 
professionals are to improve employment outcomes of the individuals 
they serve, they will need to increase their knowledge of local, 
regional, and even national economic conditions and trends (Gilbridge & 
Stensurd, 2008).
    A ``demand side'' model of VR views the needs of employers as a 
critical variable that is associated with employment outcomes of 
individuals with disabilities (Luecking, 2008; Unger, 2006). In this 
model, job development services focus on employer needs and are aimed 
at improving employers' business outcomes (Luecking, 2008; Unger, 
2007). In the VR context, demand side approaches focus not only on 
hiring, but also on job retention of employees with disabilities who 
may be at risk of exiting the workforce (Habeck, Kregel, Head & Yasuda, 
2007). From this perspective, VR does not end at a single point in time 
(e.g., when an individual is hired), but is rather a dynamic, ongoing 
process in which rehabilitation professionals align the strengths and 
goals of workers with disabilities with the needs of employers.
    Development of service delivery models that take into account 
changes in economic conditions and the subsequent impact on labor 
market conditions are necessary to ensure that State VR agencies 
provide services that meet the needs of individuals with disabilities 
and their employers. One resource that could serve as a model for VR 
professionals are the ``Rapid Response'' activities authorized by the 
Workforce Investment Act. Yet, a recent study found that VR staff are 
not ``typically'' involved in the Rapid Response program (Heidkamp & 
Mabe 2011).
    Research and development related to demand side models of 
employment service delivery can provide VR professionals with new tools 
to understand and address evolving employment challenges, including how 
to help ensure that individuals with disabilities have the skills 
needed to work in growing occupational sectors.

References

Banerij, S., McArthur, N., Mainardi, C. & Ammann, C. (2009). 
Recession response: Why companies are making the wrong moves. Booz & 
Company.
Fogg, N. P., Harrington, P. E., & McMahon, B. T. (in press). The 
impact of the Great Recession on the unemployment of Americans with 
disabilities. Journal of Vocational Rehabilitation.
Fogg, N. P., Harrington, P. E., & McMahon, B. T. (2011). The 
underemployment of persons with disabilities during the Great 
Recession. The Rehabilitation Professional, 19(1), 3-10.
Gilbridge, D., & Strensrud, R. (2008). Why won't they just do it? 
Rehabilitation Education, 22, 125-132.
Government Accountability Office (2007). Improved Information and 
Practices May Enhance State Agency Earnings Outcomes for SSA 
Beneficiaries. GAO Report 07-521.
Habeck, R., Kregel, J., Head, C., & Yasuda, S. (2007). Salient and 
subtle aspects of demand side approaches for employment retention: 
Lessons for public policymakers.
Heldkamp, M. & Mabe, W. (2011). The Great Recession and Serving 
Dislocated Workers with Disabilities: Perspectives from One-Stop 
Career Centers and Rapid Response Coordinators. Report of the NTAR 
Leadership Center.
Kaye, H. S. (2010). The impact of the 2007-09 recession on workers 
with disabilities Monthly Labor Review, 133, 19-30.
Luecking, R.G. (2008). Emerging employer views of people with 
disabilities and the future of job development. Journal of 
Vocational Rehabilitation, 29, 3-13.
Quelch, J. and Jocz, K. (2009) How to market in a downturn, Harvard 
Business Review, 87, 4, 52-62.
Rehabilitation Services Administration (2012). RSA-911 Case Service 
Report. Washington, DC: U.S. Department of Education.
Unger, D. (2007). Addressing employer personnel needs and improving 
employment training, job placement and retention for individuals 
with disabilities through public-private partnerships. Journal of 
Vocational Rehabilitation, 26, 39-48.

    Proposed Priority: The Assistant Secretary for Special Education 
and Rehabilitative Services proposes a priority for a Rehabilitation 
Research and Training Center (RRTC) on Vocational Rehabilitation (VR) 
and Developing Strategies to Meet Employer Needs in Changing Economic 
Environments. This RRTC must conduct research that contributes to 
identifying effective VR practices that take into account economic 
conditions, labor market trends, and employer needs. This RRTC will 
contribute to improved employment outcomes by generating new knowledge 
about effective practices that can be used by State VR agencies in 
serving their customers, including both program participants and 
employers. Under this priority, the RRTC must contribute to the 
following outcomes:
    (a) New knowledge to improve responsiveness of VR agencies to 
employer workforce needs in a changing economy. The RRTC must 
contribute to this outcome by conducting research or development 
activities on effective ways for State VR agencies to assess employer 
needs and expectations in the changing economic environment in which 
businesses operate. The RRTC must conduct research to identify or 
develop effective strategic planning models that will support State VR 
agency efforts to anticipate and prepare for changing employer and 
labor market needs. In addition, the RRTC must conduct research to 
identify existing programs, e.g., Workforce Investment Act ``Rapid 
Response'' programs, that may be useful in helping VR agencies mitigate 
the impact of changing economic conditions. These research or 
development activities must include identification of methods of 
tracking, analyzing, and reacting to changing employer needs, including 
those related to economic conditions such as analysis of labor market 
trends and analysis of projected growth areas.
    (b) Improved job training, development, and placement services and 
strategies. The RRTC must contribute to this outcome by conducting 
research to identify or develop effective service delivery models that 
take into account current and future employer workforce needs, 
including needed job skills. Components of these models may include, 
but are not limited to: Employer partnerships to facilitate the 
identification of employer needs; incorporation of employer needs in 
planning job development, placement, and retention strategies; training 
opportunities to provide individuals with disabilities with skills that 
match employer needs; and strategic planning processes designed to 
respond to changing employer and economic needs.
    (c) Improved training and continuing education for VR 
professionals. The RRTC must contribute to this outcome by developing 
and disseminating materials that incorporate findings from the research 
and development activities conducted under paragraphs (a) and (b) of 
this priority. These materials must be developed for use by State VR 
agencies to improve their ability to use information generated to 
develop strategies and services that will better meet the needs of 
employers in the context of local and regional economic and labor 
market conditions and to increase employment outcomes for VR 
participants.
    In addition, through coordination with the NIDRR Project Officer, 
this RRTC must--
    (1) Collaborate with RSA's Regional Technical Assistance Network, 
including Regional Technical

[[Page 27038]]

Assistance and Continuing Education (TACE) Centers to disseminate new 
knowledge to VR State agency personnel and key stakeholders; and
    (2) Collaborate with NIDRR grantees that are conducting work 
relevant to this RRTC.
    Types of Priorities: When inviting applications for a competition 
using one or more priorities, we designate the type of each priority as 
absolute, competitive preference, or invitational through a notice in 
the Federal Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    Final Priority: We will announce the final priority in a notice in 
the Federal Register. We will determine the final priority after 
considering responses to this notice and other information available to 
the Department. This notice does not preclude us from proposing 
additional priorities, requirements, definitions, or selection 
criteria, subject to meeting applicable rulemaking requirements.

    Note: This notice does not solicit applications. In any year in 
which we choose to use this priority, we invite applications through 
a notice in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local or 
Tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3(f) of Executive Order 
12866.
    We have also reviewed this regulatory action under Executive Order 
13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only on a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are taking this regulatory action 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 proposed priority is consistent with the 
principles in Executive Order 13563.
    We also have determined that this regulatory action would not 
unduly interfere with State, local, and Tribal governments in the 
exercise of their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits of this regulatory action. 
The potential costs associated with this regulatory action 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 Disability and Rehabilitation Research Projects 
and Centers Programs have been well established over the years in that 
similar projects have been completed successfully. This proposed 
priority will generate new knowledge through research and development.
    Another benefit of this proposed priority is that the establishment 
of a new RRTC will improve the lives of individuals with disabilities. 
The new RRTC will generate, disseminate, and promote the use of new 
information that will improve the options for individuals with 
disabilities to fully participate in their communities.
    Intergovernmental Review: This program is not subject to Executive 
Order 12372 and the regulations in 34 CFR part 79.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) by contacting the Grants and Contracts 
Services Team, U.S. Department of Education, 400 Maryland Avenue SW., 
room 5075, PCP, Washington, DC 20202-2550. Telephone: (202) 245-7363. 
If you use a TDD or TTY, call the FRS, toll free, at 1-800-877-8339.
    Electronic Access to This Document: 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) on the 
Internet at the following site: www.ed.gov/news/fedregister. To use PDF 
you must have Adobe Acrobat Reader, which is available free at this 
site.

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    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: May 3, 2012.
Alexa Posny,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2012-11097 Filed 5-7-12; 8:45 am]
BILLING CODE 4000-01-P