Proposed Priority-Rehabilitation Training: Rehabilitation Long-Term Training Program-Rehabilitation Specialty Areas, 27236-27240 [2014-10958]
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environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are issuing this proposed priority
only upon a reasoned determination
that its benefits would justify its costs.
In choosing among alternative
regulatory approaches, we selected
those approaches that would maximize
net benefits. Based on the analysis that
follows, the Department believes that
these proposed priorities are consistent
with the principles in Executive Order
13563.
We also have determined that this
regulatory action would not unduly
interfere with State, local, and tribal
governments in the exercise of their
governmental functions.
In accordance with both Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities.
The benefits of the Disability and
Rehabilitation Research Projects and
Centers Program have been well
established over the years. Projects
similar to the RRTCs have been
completed successfully, and the
proposed priorities will generate new
knowledge through research. The new
RRTCs will generate, disseminate, and
promote the use of new information that
would improve outcomes for
individuals with disabilities in the areas
of community living and participation,
employment, and health and function.
Intergovernmental Review: This
program is not subject to Executive
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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.
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your search to documents published by
the Department.
Dated: May 8, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special
Education and Rehabilitative Services.
[FR Doc. 2014–10957 Filed 5–12–14; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED–2014–OSERS–0068]
Proposed Priority—Rehabilitation
Training: Rehabilitation Long-Term
Training Program—Rehabilitation
Specialty Areas
[CFDA Number: 84.129C, E, F, H, J, P, Q, R,
and W.]
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Proposed priority.
AGENCY:
The Assistant Secretary for
Special Education and Rehabilitative
Services proposes a priority under the
Rehabilitation Training: Rehabilitation
Long-Term Training program. The
Assistant Secretary may use this priority
for competitions in fiscal year (FY) 2014
SUMMARY:
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and later years. This priority is designed
to ensure that the Department funds
high-quality rehabilitation programs in
the following nine rehabilitation
specialty areas of national need: (1)
Rehabilitation Administration
(84.129C); (2) Rehabilitation Technology
(84.129E); (3) Vocational Evaluation and
Work Adjustment (84.129F); (4)
Rehabilitation of Individuals Who Are
Mentally Ill (84.129H); (5)
Rehabilitation Psychology (84.129J); (6)
Rehabilitation of Individuals Who are
Blind or Have Vision Impairments
(84.129P); (7) Rehabilitation of
Individuals Who are Deaf or Hard of
Hearing (84.129Q); (8) Job Development
and Job Placement Services (84.129R);
and (9) Comprehensive System of
Personnel Development (84.129W).
These programs must meet rigorous
standards in order to provide scholars
with the training necessary to become
qualified rehabilitation professionals
who are capable of meeting the current
challenges facing State vocational
rehabilitation (VR) agencies and related
agencies and who can assist individuals
with disabilities in achieving highquality employment outcomes.
We must receive your comments
on or before June 12, 2014.
DATES:
Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
duplicate copies, please submit your
comments only once. In addition, please
include the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘Are you new to the site?’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about these proposed
regulations, address them to RoseAnn
Ashby, U.S. Department of Education,
400 Maryland Avenue SW., Room 5055,
Potomac Center Plaza (PCP),
Washington, DC 20202–2800.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
ADDRESSES:
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information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT:
RoseAnn Ashby. Telephone: (202) 245–
7258 or by email: roseann.ashby@
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.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you
to submit comments regarding this
priority. To ensure that your comments
have maximum effect in developing the
final priority, we urge you to identify
clearly the specific section of the
proposed priority that each comment
addresses.
We invite you to assist us in
complying with the specific
requirements of Executive Orders 12866
and 13563 and their overall requirement
of reducing regulatory burden that
might result from this proposed priority.
Please let us know of any further ways
we could reduce potential costs or
increase potential benefits while
preserving the effective and efficient
administration of the program.
During and after the comment period,
you may inspect all public comments
about this notice in Room 5055, 550
12th Street SW., PCP, Washington, DC
20202–2800, between the hours of 8:30
a.m. and 4:00 p.m., Washington, DC
time, Monday through Friday of each
week except Federal holidays.
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
Rehabilitation Long-Term Training
program provides financial assistance
for—
(1) Projects that provide basic or
advanced training leading to an
academic degree in areas of personnel
shortages in rehabilitation as identified
by the Secretary;
(2) Projects that provide a specified
series of courses or program of study
leading to the award of a certificate in
areas of personnel shortages in
rehabilitation as identified by the
Secretary; and
(3) Projects that provide support for
medical residents enrolled in residency
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training programs in the specialty of
physical medicine and rehabilitation.
Program Authority: 29 U.S.C. 772(b).
Applicable Program Regulations: 34
CFR parts 385 and 386.
Proposed Priority:
This notice contains one proposed
priority.
Rehabilitation Specialty Areas.
Background:
The Rehabilitation Services
Administration (RSA) recently
redesigned its funding priority for the
Rehabilitation Long-Term Training
program, Vocational Rehabilitation
Counseling; the final priority was
published in the Federal Register on
November 5, 2013 (78 FR 66271). The
goal of this priority was to support highquality master’s level programs that
would produce qualified and effective
vocational rehabilitation (VR)
counselors to meet the identified needs
of State VR agencies and to assist
individuals with disabilities in
achieving high-quality employment
outcomes.
In redesigning that priority, the
Department was particularly concerned
with increasing the rigor of training
programs for prospective VR counselors
to ensure that they had the knowledge
and skills necessary to provide effective
services to consumers in State VR
agencies. In particular, the revisions
were designed to ensure that (1)
program curricula are developed to
prepare scholars to meet the needs of
State VR agency consumers; (2)
programs recruit high-quality scholars
and support them through the program,
including through the provision of
career counseling to program graduates;
(3) programs maintain strong
relationships with State VR agencies to
promote employment and internship
opportunities for scholars; and (4)
programs are continuously evaluated
using feedback from State VR agencies
and consumers of VR services.
RSA has not yet made its first awards
under the revised priority for Vocational
Rehabilitation Counseling. However, we
believe it has the potential to
dramatically improve the caliber of
programs and scholars we support and,
by extension, the employment outcomes
for State VR agency consumers.
Although scholars receiving support
under the Vocational Rehabilitation
Counseling priority are expected to
develop the knowledge and skills to
meet the needs of the majority of VR
consumers, there will always be a need
for counselors with specialized skills to
meet the unique needs of individuals
with specific disabilities, e.g.,
individuals who are blind or deaf or
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27237
who have a serious mental illness. In
fact, in response to a request for
information (RFI) published in the
Federal Register on November 8, 2012
(77 FR 66959), a number of commenters
made exactly this case. Even in his
Presidential Memorandum on JobDriven Training for Workers, issued on
January 30, 2014, the President noted
that ‘‘job seekers must have access to
education and training that meets their
unique needs and the requirements for
good jobs and careers.’’
In response to these insights, the
Department plans to make new awards
in several specialty areas under the
Long-Term Training program in FY
2014. However, in order to ensure the
same level of rigor in specialty areas as
we will require from our Vocational
Rehabilitation Counseling grantees, we
propose a new priority for specialty
areas under the Long-Term Training
program.1 Although the Department
does not plan on making awards in all
of these specialty areas in FY 2014, we
are drafting this priority for all specialty
areas to reduce the burden on the
Department and commenters in future
years should we opt to support projects
under a different specialty area than
those for which awards are made in FY
2014.
In FY 2014, the Department plans to
make new awards in the following
specialty areas only:
(1) Vocational Evaluation and Work
Adjustment: Many who commented on
the RFI and on the notice of proposed
priority for Vocational Rehabilitation
Counseling, published in the Federal
Register on June 14, 2013 (78 FR 35808),
strongly urged RSA to continue support
for vocational evaluation programs.
They stressed the critical importance of
VR professionals’ understanding of the
individual skills needed in today’s labor
market and how best to align those
skills with the changing demands of the
labor market so that consumers with
disabilities can achieve high-quality
employment outcomes.
Vocational evaluators are trained to
use labor market reviews, analyze job
and training programs, assess work site
accommodations, and conduct
vocational profiles and reports.
Evaluators examine the details of
specific work opportunities for an
1 Specifically, the new priority is being proposed
for the following specialty areas: (1) Rehabilitation
Administration; (2) Rehabilitation Technology; (3)
Vocational Evaluation and Work Adjustment; (4)
Rehabilitation of Individuals Who Are Mentally Ill;
(5) Rehabilitation Psychology; (6) Rehabilitation of
Individuals Who are Blind or have Vision
Impairments; (7) Rehabilitation of Individuals Who
are Deaf or Hard of Hearing; (8) Job Development
and Job Placement Services; and (9) Comprehensive
System of Personnel Development.
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individual with a disability, including
the physical, academic, social, and
emotional demands of the work
environment in order to maximize the
potential for an individual’s long-term
career success.
Although VR counselors receiving a
master’s degree in VR counseling may
possess some of these specialized skills,
they do not receive the breadth and
depth of training in these skill sets that
an individual receiving a specialized
degree or certificate in vocational
evaluation does.
(2) Rehabilitation of Individuals Who
Are Mentally Ill: Mental illness has a
pronounced negative effect on
employment. Both internal and external
factors (e.g., stigma, discrimination, cooccurring conditions such as substance
abuse, and medications used in treating
mental health conditions) contribute to
poor employment outcomes. Data from
RSA’s 2012 Case Service Report show
that approximately 25 percent of the
individuals whose case records were
closed in that year had a primary
disabling condition of mental illness
(e.g., anxiety disorders, mood disorders,
personality disorders, schizophrenia),
with an additional 15 percent having a
secondary co-occurring disabling
condition of mental illness. Individuals
with mental illness represent the largest
disability group receiving public income
support and they are the least likely to
achieve successful employment
outcomes after VR (Cook, 2006). For
those individuals with mental illness
who are employed, mental illness is
associated with decreased productivity
and job retention (Lerner, et al., 2012).
State VR agency staff providing services
to these consumers need specialized
training in order to improve the
likelihood that these consumers will
achieve quality employment outcomes.
(3) Rehabilitation of Individuals Who
are Blind or Have Vision Impairments:
There is a great need for more highly
trained rehabilitation professionals who
understand the specific needs of
individuals who are blind or have
vision impairments. Data from RSA’s
Case Service Report indicate that, from
2007 to 2012, the number of case
records closed after receiving services
with an employment outcome for
individuals with visual disabilities
decreased by 17 percent. This lack of
success was particularly acute in
General and Combined State VR
agencies, which saw a 24 percent
reduction in the number of records of
individuals with visual disabilities
closed with an employment outcome.
We believe that increasing the number
of training programs supported by the
Long-Term Training program that are
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focused on the unique needs of
individuals who are blind or have
vision impairments can help to reverse
this trend by ensuring that personnel
have the specialized knowledge and
skills to provide high-quality services to
these VR consumers. Specifically,
rehabilitation professionals are needed
who can provide individuals with
training necessary for adjustment to
blindness or vision loss, including
training in reading braille, orientation
and mobility, independent/daily living,
and use of assistive technology for both
blindness and low vision-related
applications (e.g., screen-reading speech
software or large-print magnification
devices).
(4) Rehabilitation of Individuals Who
are Deaf or Hard of Hearing: There is
also a need for more professionals
trained in the needs of individuals who
are deaf or hard of hearing. According
to the ACS (2012), approximately 2.1
percent (3.9 million) of American adults
between the ages of 18–64 report
hearing difficulty. Hearing loss can pose
significant challenges to obtaining and
retaining competitive employment, and
individuals with these disabling
conditions often need additional,
specialized supports to be successful in
the workforce.
Rehabilitation professionals working
with this population should have the
following competencies: (1) knowledge
of the medical, psychological, and social
impact of hearing loss; (2) knowledge of
VR counseling and assessment strategies
appropriate for this population; (3)
knowledge of sign language,
communication strategies, hearing aids,
cochlear implants, hearing
rehabilitation, and assistive
technologies (e.g., assistive listening
devices, speech-to-text software and
devices, telephone technologies, etc.);
and (4) knowledge of education, career,
and employment opportunities.
References:
Cook, J. (2006). Employment Barriers for
Persons with Psychiatric Disabilities:
Update of a Report for the President’s
Commission. Psychiatric Services,
57(10), 1391–1405. Retrieved from
https://ps.psychiatryonline.org/data/
Journals/PSS/3777/06ps1391.pdf.
Lerner, D., Adler, D., Hermann, R. C., Chang,
H., Ludman, E. J., Greenhill, A., Perch,
K., McPeck, W. C., & Rogers, W. H.
(2012). Impact of a Work-Focused
Intervention on the Productivity and
Symptoms of Employees with
Depression. Journal of Occupational and
Environmental Medicine, 54(2), 128.
Obama, B.H. Presidential Memorandum on
Job-Driven Training for Workers. The
White House, Office of the Press
Secretary. 30 Jan. 2014. Web. 8 April
2014.
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Rehabilitation Services Administration.
(2012). Case Service Report. RSA 911.
United States Census Bureau. (2012). S1819
Disability Characteristics, 2008–2012
American Community Survey (ACS) 5year Estimates. American Fact Finder.
2012. Web. Feb. 2014.
Proposed Priority:
The Assistant Secretary for Special
Education and Rehabilitative Services
proposes a priority to fund programs
leading to a master’s degree or
certificate in one of nine specialty areas:
(1) Rehabilitation Administration; (2)
Rehabilitation Technology; (3)
Vocational Evaluation and Work
Adjustment; (4) Rehabilitation of
Individuals Who Are Mentally Ill; (5)
Rehabilitation Psychology; (6)
Specialized Personnel for Rehabilitation
of Individuals Who Are Blind or Have
Vision Impairments; (7) Rehabilitation
of Individuals Who Are Deaf or Hard of
Hearing; (8) Job Development and Job
Placement Services; and (9)
Comprehensive System of Personnel
Development. The goal of this priority is
to increase the skills of scholars in these
rehabilitation specialty areas so that,
upon successful completion of their
master’s degree or certificate programs,
they are prepared to effectively meet the
needs and demands of consumers with
disabilities.
Under this priority, applicants must:
(a) Provide data on the current and
projected employment needs and
personnel shortages in the specialty area
in State VR agencies and other related
agencies as defined in 34 CFR 386.4 in
their local area, region, and State, and
describe how the proposed program will
address those employment needs and
personnel shortages.
(b) Describe how the proposed
program will provide rehabilitation
professionals with the skills and
knowledge that will help ensure that the
individuals with disabilities whom they
serve can meet current demands and
emerging trends in the labor market,
including how:
(1) The curriculum provides a breadth
of knowledge, experience, and rigor that
will adequately prepare scholars to meet
the employment needs and goals of VR
consumers and aligns with evidencebased and competency-based practices
in the rehabilitation specialty area;
(2) The curriculum prepares scholars
to meet all applicable certification
standards;
(3) The curriculum addresses new or
emerging consumer needs or trends at
the national, State, and regional levels
in the rehabilitation specialty area;
(4) The curriculum teaches scholars to
address the needs of individuals with
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disabilities who are from diverse
cultural backgrounds;
(5) The curriculum trains scholars to
assess the assistive technology needs of
consumers, identify the most
appropriate assistive technology
services and devices for assisting
consumers to obtain and retain
employment, and train consumers to
use such technology;
(6) The curriculum teaches scholars to
work with employers effectively in
today’s economy, including by teaching
strategies for developing relationships
with employers in their State and local
areas, identifying employer needs and
skill demands, making initial employer
contacts, presenting job-ready clients to
potential employers, and conducting
follow-up with employers; and
(7) The latest technology is
incorporated into the methods of
instruction (e.g., the use of distance
education to reach scholars who live far
from the university and the use of
technology to acquire labor market
information).
(c) Describe their methods to:
(1) Recruit highly capable prospective
scholars who have the potential to
successfully complete the academic
program, all required practicum and
internship experiences, and the required
service obligation;
(2) Educate potential scholars about
the terms and conditions of the service
obligation under 34 CFR 386.4, 386.34,
and 386.40 through 386.43 so that they
will be fully informed before accepting
a scholarship;
(3) Maintain a system that ensures
that scholars sign a payback agreement
and an exit form when they exit the
program, regardless of whether they
drop out, are removed, or successfully
complete the program;
(4) Provide academic support and
counseling to scholars throughout the
course of the academic program to
ensure successful completion;
(5) Ensure that all scholars complete
an internship in a State VR agency or a
related agency as a requirement for
completion of a program leading to a
master’s degree. The internship must be
in a State VR agency unless the VR
agency does not directly perform work
related to the scholar’s course of study
or an applicant can provide sufficient
justification that it is not feasible for all
students receiving scholarships to
complete an internship in a State VR
agency. In such cases, the applicant may
require scholars to complete an
internship in a related agency, as
defined in 34 CFR 386.4. Circumstances
that would constitute sufficient
justification may include, but are not
limited to, a lack of capacity at the State
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VR agency to provide adequate
supervision of scholars during their
internship experience and the physical
distance between scholars and the
nearest office of the State VR agency
(e.g., for scholars enrolled in distancelearning programs or at rural
institutions). Applicants should include
a written justification in the application
or provide it to RSA for review and
approval by the appropriate RSA Project
Officer no later than 30 days prior to a
scholar beginning an internship in a
related agency. For applicants proposing
a certificate program, the requirement
for an internship in a State VR agency
or a related agency is waived unless the
certificate program has an internship
requirement.
(6) Provide career counseling,
including informing scholars of
professional contacts and networks, job
leads, and other necessary resources and
information to support scholars in
successfully obtaining and retaining
qualifying employment;
(7) Maintain regular contact with
scholars upon successful program
completion to ensure that they have
support during their search for
qualifying employment as well as
support during the initial months of
their employment (e.g., by matching
scholars with mentors in the field);
(8) Maintain regular communication
with scholars after program exit to
ensure that their contact information is
current and that documentation of
employment is accurate and meets the
regulatory requirements for qualifying
employment; and
(9) Maintain accurate information on,
while safeguarding the privacy of,
current and former scholars from the
time they are enrolled in the program
until they successfully meet their
service obligation.
(d) Describe a plan for developing and
maintaining partnerships with State VR
agencies and community-based
rehabilitation service providers that
includes:
(1) Coordination between the grantee
and the State VR agencies and
community-based rehabilitation service
providers that will promote qualifying
employment opportunities for scholars
and formalized on-boarding and
induction experiences for new hires;
(2) Formal opportunities for scholars
to obtain work experiences through
internships, practicum agreements, job
shadowing, and mentoring
opportunities; and
(3) When applicable, a scholar
internship assessment tool that is
developed to ensure a consistent
approach to the evaluation of scholars
in a particular program. The tool should
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reflect the specific responsibilities of the
scholar during the internship. The
grantee and worksite supervisor are
encouraged to work together as they see
fit to develop the assessment tool.
Supervisors at the internship site will
complete the assessment detailing the
scholar’s strengths and areas for
improvement that must be addressed
and provide the results of the
assessment to the grantee. The grantee
should ensure that (i) scholars are
provided with a copy of the assessment
and all relevant rubrics prior to
beginning their internship, (ii)
supervisors have sufficient technical
support to accurately complete the
assessment, and (iii) scholars receive a
copy of the results of the assessment
within 90 days of the end of their
internship.
(e) Describe how scholars will be
evaluated throughout the entire program
to ensure that they are proficient in
meeting the needs and demands of
today’s consumers and employers,
including the steps that will be taken to
provide assistance to a scholar who is
not meeting academic standards or who
is performing poorly in a practicum or
internship setting.
(f) Describe how the program will be
evaluated. Such a description must
include:
(1) How the program will determine
its effect over a period of time on filling
vacancies in the State VR agency with
qualified rehabilitation professionals
capable of providing quality services to
consumers;
(2) How input from State VR agencies
and community-based rehabilitation
service providers will be included in the
evaluation;
(3) How feedback from consumers of
VR services and employers (including
the assessments described in paragraph
(d)(3)) will be included in the
evaluation;
(4) How data from other sources, such
as those from the Department on the
State VR program, will be included in
the evaluation; and
(5) How the data and results from the
evaluation will be used to make
necessary adjustments and
improvements to the program.
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)).
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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.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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
VerDate Mar<15>2010
16:25 May 12, 2014
Jkt 232001
review by OMB under section 3(f) of
Executive Order 12866.
We have also reviewed this proposed
regulatory action under Executive Order
13563, which supplements and
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
Executive Order 12866. To the extent
permitted by law, Executive Order
13563 requires that an agency—
(1) Propose or adopt regulations only
on a reasoned determination that their
benefits justify their costs (recognizing
that some benefits and costs are difficult
to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that would maximize net
benefits (including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are issuing this proposed priority
only on a reasoned determination that
its benefits would justify its costs. In
choosing among alternative regulatory
approaches, we selected those
approaches that maximize net benefits.
Based on the analysis that follows, the
Department believes that this regulatory
action is consistent with the principles
in Executive Order 13563.
We also have determined that this
regulatory action would not unduly
interfere with State, local, and tribal
governments in the exercise of their
governmental functions.
In accordance with both Executive
orders, the Department has assessed the
PO 00000
Frm 00029
Fmt 4702
Sfmt 9990
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
Long-Term Training program have been
well established over the years through
the successful completion of similar
projects. This proposed priority would
promote rehabilitation programs that
will better prepare scholars to assist
individuals with disabilities achieve
employment in today’s challenging
economy.
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.gpo.gov/fdsys. At this site you
can view this document, as well as all
other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF you must
have Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: May 7, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special
Education and Rehabilitative Services.
[FR Doc. 2014–10958 Filed 5–12–14; 8:45 am]
BILLING CODE 4000–01–P
E:\FR\FM\13MYP1.SGM
13MYP1
Agencies
[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Proposed Rules]
[Pages 27236-27240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10958]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2014-OSERS-0068]
Proposed Priority--Rehabilitation Training: Rehabilitation Long-
Term Training Program--Rehabilitation Specialty Areas
[CFDA Number: 84.129C, E, F, H, J, P, Q, R, and W.]
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Proposed priority.
-----------------------------------------------------------------------
SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services proposes a priority under the Rehabilitation
Training: Rehabilitation Long-Term Training program. The Assistant
Secretary may use this priority for competitions in fiscal year (FY)
2014 and later years. This priority is designed to ensure that the
Department funds high-quality rehabilitation programs in the following
nine rehabilitation specialty areas of national need: (1)
Rehabilitation Administration (84.129C); (2) Rehabilitation Technology
(84.129E); (3) Vocational Evaluation and Work Adjustment (84.129F); (4)
Rehabilitation of Individuals Who Are Mentally Ill (84.129H); (5)
Rehabilitation Psychology (84.129J); (6) Rehabilitation of Individuals
Who are Blind or Have Vision Impairments (84.129P); (7) Rehabilitation
of Individuals Who are Deaf or Hard of Hearing (84.129Q); (8) Job
Development and Job Placement Services (84.129R); and (9) Comprehensive
System of Personnel Development (84.129W). These programs must meet
rigorous standards in order to provide scholars with the training
necessary to become qualified rehabilitation professionals who are
capable of meeting the current challenges facing State vocational
rehabilitation (VR) agencies and related agencies and who can assist
individuals with disabilities in achieving high-quality employment
outcomes.
DATES: We must receive your comments on or before June 12, 2014.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments submitted by fax or by email or those submitted after
the comment period. To ensure that we do not receive duplicate copies,
please submit your comments only once. In addition, please include the
Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under ``Are you new to the site?''
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about these proposed regulations, address
them to RoseAnn Ashby, U.S. Department of Education, 400 Maryland
Avenue SW., Room 5055, Potomac Center Plaza (PCP), Washington, DC
20202-2800.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to include
in their comments only
[[Page 27237]]
information that they wish to make publicly available.
FOR FURTHER INFORMATION CONTACT: RoseAnn Ashby. Telephone: (202) 245-
7258 or by email: roseann.ashby@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.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
this priority. To ensure that your comments have maximum effect in
developing the final priority, we urge you to identify clearly the
specific section of the proposed priority that each comment addresses.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866 and 13563 and their overall
requirement of reducing regulatory burden that might result from this
proposed priority. Please let us know of any further ways we could
reduce potential costs or increase potential benefits while preserving
the effective and efficient administration of the program.
During and after the comment period, you may inspect all public
comments about this notice in Room 5055, 550 12th Street SW., PCP,
Washington, DC 20202-2800, between the hours of 8:30 a.m. and 4:00
p.m., Washington, DC time, Monday through Friday of each week except
Federal holidays.
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 Rehabilitation Long-Term Training program
provides financial assistance for--
(1) Projects that provide basic or advanced training leading to an
academic degree in areas of personnel shortages in rehabilitation as
identified by the Secretary;
(2) Projects that provide a specified series of courses or program
of study leading to the award of a certificate in areas of personnel
shortages in rehabilitation as identified by the Secretary; and
(3) Projects that provide support for medical residents enrolled in
residency training programs in the specialty of physical medicine and
rehabilitation.
Program Authority: 29 U.S.C. 772(b).
Applicable Program Regulations: 34 CFR parts 385 and 386.
Proposed Priority:
This notice contains one proposed priority.
Rehabilitation Specialty Areas.
Background:
The Rehabilitation Services Administration (RSA) recently
redesigned its funding priority for the Rehabilitation Long-Term
Training program, Vocational Rehabilitation Counseling; the final
priority was published in the Federal Register on November 5, 2013 (78
FR 66271). The goal of this priority was to support high-quality
master's level programs that would produce qualified and effective
vocational rehabilitation (VR) counselors to meet the identified needs
of State VR agencies and to assist individuals with disabilities in
achieving high-quality employment outcomes.
In redesigning that priority, the Department was particularly
concerned with increasing the rigor of training programs for
prospective VR counselors to ensure that they had the knowledge and
skills necessary to provide effective services to consumers in State VR
agencies. In particular, the revisions were designed to ensure that (1)
program curricula are developed to prepare scholars to meet the needs
of State VR agency consumers; (2) programs recruit high-quality
scholars and support them through the program, including through the
provision of career counseling to program graduates; (3) programs
maintain strong relationships with State VR agencies to promote
employment and internship opportunities for scholars; and (4) programs
are continuously evaluated using feedback from State VR agencies and
consumers of VR services.
RSA has not yet made its first awards under the revised priority
for Vocational Rehabilitation Counseling. However, we believe it has
the potential to dramatically improve the caliber of programs and
scholars we support and, by extension, the employment outcomes for
State VR agency consumers.
Although scholars receiving support under the Vocational
Rehabilitation Counseling priority are expected to develop the
knowledge and skills to meet the needs of the majority of VR consumers,
there will always be a need for counselors with specialized skills to
meet the unique needs of individuals with specific disabilities, e.g.,
individuals who are blind or deaf or who have a serious mental illness.
In fact, in response to a request for information (RFI) published in
the Federal Register on November 8, 2012 (77 FR 66959), a number of
commenters made exactly this case. Even in his Presidential Memorandum
on Job-Driven Training for Workers, issued on January 30, 2014, the
President noted that ``job seekers must have access to education and
training that meets their unique needs and the requirements for good
jobs and careers.''
In response to these insights, the Department plans to make new
awards in several specialty areas under the Long-Term Training program
in FY 2014. However, in order to ensure the same level of rigor in
specialty areas as we will require from our Vocational Rehabilitation
Counseling grantees, we propose a new priority for specialty areas
under the Long-Term Training program.\1\ Although the Department does
not plan on making awards in all of these specialty areas in FY 2014,
we are drafting this priority for all specialty areas to reduce the
burden on the Department and commenters in future years should we opt
to support projects under a different specialty area than those for
which awards are made in FY 2014.
---------------------------------------------------------------------------
\1\ Specifically, the new priority is being proposed for the
following specialty areas: (1) Rehabilitation Administration; (2)
Rehabilitation Technology; (3) Vocational Evaluation and Work
Adjustment; (4) Rehabilitation of Individuals Who Are Mentally Ill;
(5) Rehabilitation Psychology; (6) Rehabilitation of Individuals Who
are Blind or have Vision Impairments; (7) Rehabilitation of
Individuals Who are Deaf or Hard of Hearing; (8) Job Development and
Job Placement Services; and (9) Comprehensive System of Personnel
Development.
---------------------------------------------------------------------------
In FY 2014, the Department plans to make new awards in the
following specialty areas only:
(1) Vocational Evaluation and Work Adjustment: Many who commented
on the RFI and on the notice of proposed priority for Vocational
Rehabilitation Counseling, published in the Federal Register on June
14, 2013 (78 FR 35808), strongly urged RSA to continue support for
vocational evaluation programs. They stressed the critical importance
of VR professionals' understanding of the individual skills needed in
today's labor market and how best to align those skills with the
changing demands of the labor market so that consumers with
disabilities can achieve high-quality employment outcomes.
Vocational evaluators are trained to use labor market reviews,
analyze job and training programs, assess work site accommodations, and
conduct vocational profiles and reports. Evaluators examine the details
of specific work opportunities for an
[[Page 27238]]
individual with a disability, including the physical, academic, social,
and emotional demands of the work environment in order to maximize the
potential for an individual's long-term career success.
Although VR counselors receiving a master's degree in VR counseling
may possess some of these specialized skills, they do not receive the
breadth and depth of training in these skill sets that an individual
receiving a specialized degree or certificate in vocational evaluation
does.
(2) Rehabilitation of Individuals Who Are Mentally Ill: Mental
illness has a pronounced negative effect on employment. Both internal
and external factors (e.g., stigma, discrimination, co-occurring
conditions such as substance abuse, and medications used in treating
mental health conditions) contribute to poor employment outcomes. Data
from RSA's 2012 Case Service Report show that approximately 25 percent
of the individuals whose case records were closed in that year had a
primary disabling condition of mental illness (e.g., anxiety disorders,
mood disorders, personality disorders, schizophrenia), with an
additional 15 percent having a secondary co-occurring disabling
condition of mental illness. Individuals with mental illness represent
the largest disability group receiving public income support and they
are the least likely to achieve successful employment outcomes after VR
(Cook, 2006). For those individuals with mental illness who are
employed, mental illness is associated with decreased productivity and
job retention (Lerner, et al., 2012). State VR agency staff providing
services to these consumers need specialized training in order to
improve the likelihood that these consumers will achieve quality
employment outcomes.
(3) Rehabilitation of Individuals Who are Blind or Have Vision
Impairments: There is a great need for more highly trained
rehabilitation professionals who understand the specific needs of
individuals who are blind or have vision impairments. Data from RSA's
Case Service Report indicate that, from 2007 to 2012, the number of
case records closed after receiving services with an employment outcome
for individuals with visual disabilities decreased by 17 percent. This
lack of success was particularly acute in General and Combined State VR
agencies, which saw a 24 percent reduction in the number of records of
individuals with visual disabilities closed with an employment outcome.
We believe that increasing the number of training programs
supported by the Long-Term Training program that are focused on the
unique needs of individuals who are blind or have vision impairments
can help to reverse this trend by ensuring that personnel have the
specialized knowledge and skills to provide high-quality services to
these VR consumers. Specifically, rehabilitation professionals are
needed who can provide individuals with training necessary for
adjustment to blindness or vision loss, including training in reading
braille, orientation and mobility, independent/daily living, and use of
assistive technology for both blindness and low vision-related
applications (e.g., screen-reading speech software or large-print
magnification devices).
(4) Rehabilitation of Individuals Who are Deaf or Hard of Hearing:
There is also a need for more professionals trained in the needs of
individuals who are deaf or hard of hearing. According to the ACS
(2012), approximately 2.1 percent (3.9 million) of American adults
between the ages of 18-64 report hearing difficulty. Hearing loss can
pose significant challenges to obtaining and retaining competitive
employment, and individuals with these disabling conditions often need
additional, specialized supports to be successful in the workforce.
Rehabilitation professionals working with this population should
have the following competencies: (1) knowledge of the medical,
psychological, and social impact of hearing loss; (2) knowledge of VR
counseling and assessment strategies appropriate for this population;
(3) knowledge of sign language, communication strategies, hearing aids,
cochlear implants, hearing rehabilitation, and assistive technologies
(e.g., assistive listening devices, speech-to-text software and
devices, telephone technologies, etc.); and (4) knowledge of education,
career, and employment opportunities.
References:
Cook, J. (2006). Employment Barriers for Persons with Psychiatric
Disabilities: Update of a Report for the President's Commission.
Psychiatric Services, 57(10), 1391-1405. Retrieved from https://ps.psychiatryonline.org/data/Journals/PSS/3777/06ps1391.pdf.
Lerner, D., Adler, D., Hermann, R. C., Chang, H., Ludman, E. J.,
Greenhill, A., Perch, K., McPeck, W. C., & Rogers, W. H. (2012).
Impact of a Work-Focused Intervention on the Productivity and
Symptoms of Employees with Depression. Journal of Occupational and
Environmental Medicine, 54(2), 128.
Obama, B.H. Presidential Memorandum on Job-Driven Training for
Workers. The White House, Office of the Press Secretary. 30 Jan.
2014. Web. 8 April 2014.
Rehabilitation Services Administration. (2012). Case Service Report.
RSA 911.
United States Census Bureau. (2012). S1819 Disability
Characteristics, 2008-2012 American Community Survey (ACS) 5-year
Estimates. American Fact Finder. 2012. Web. Feb. 2014.
Proposed Priority:
The Assistant Secretary for Special Education and Rehabilitative
Services proposes a priority to fund programs leading to a master's
degree or certificate in one of nine specialty areas: (1)
Rehabilitation Administration; (2) Rehabilitation Technology; (3)
Vocational Evaluation and Work Adjustment; (4) Rehabilitation of
Individuals Who Are Mentally Ill; (5) Rehabilitation Psychology; (6)
Specialized Personnel for Rehabilitation of Individuals Who Are Blind
or Have Vision Impairments; (7) Rehabilitation of Individuals Who Are
Deaf or Hard of Hearing; (8) Job Development and Job Placement
Services; and (9) Comprehensive System of Personnel Development. The
goal of this priority is to increase the skills of scholars in these
rehabilitation specialty areas so that, upon successful completion of
their master's degree or certificate programs, they are prepared to
effectively meet the needs and demands of consumers with disabilities.
Under this priority, applicants must:
(a) Provide data on the current and projected employment needs and
personnel shortages in the specialty area in State VR agencies and
other related agencies as defined in 34 CFR 386.4 in their local area,
region, and State, and describe how the proposed program will address
those employment needs and personnel shortages.
(b) Describe how the proposed program will provide rehabilitation
professionals with the skills and knowledge that will help ensure that
the individuals with disabilities whom they serve can meet current
demands and emerging trends in the labor market, including how:
(1) The curriculum provides a breadth of knowledge, experience, and
rigor that will adequately prepare scholars to meet the employment
needs and goals of VR consumers and aligns with evidence-based and
competency-based practices in the rehabilitation specialty area;
(2) The curriculum prepares scholars to meet all applicable
certification standards;
(3) The curriculum addresses new or emerging consumer needs or
trends at the national, State, and regional levels in the
rehabilitation specialty area;
(4) The curriculum teaches scholars to address the needs of
individuals with
[[Page 27239]]
disabilities who are from diverse cultural backgrounds;
(5) The curriculum trains scholars to assess the assistive
technology needs of consumers, identify the most appropriate assistive
technology services and devices for assisting consumers to obtain and
retain employment, and train consumers to use such technology;
(6) The curriculum teaches scholars to work with employers
effectively in today's economy, including by teaching strategies for
developing relationships with employers in their State and local areas,
identifying employer needs and skill demands, making initial employer
contacts, presenting job-ready clients to potential employers, and
conducting follow-up with employers; and
(7) The latest technology is incorporated into the methods of
instruction (e.g., the use of distance education to reach scholars who
live far from the university and the use of technology to acquire labor
market information).
(c) Describe their methods to:
(1) Recruit highly capable prospective scholars who have the
potential to successfully complete the academic program, all required
practicum and internship experiences, and the required service
obligation;
(2) Educate potential scholars about the terms and conditions of
the service obligation under 34 CFR 386.4, 386.34, and 386.40 through
386.43 so that they will be fully informed before accepting a
scholarship;
(3) Maintain a system that ensures that scholars sign a payback
agreement and an exit form when they exit the program, regardless of
whether they drop out, are removed, or successfully complete the
program;
(4) Provide academic support and counseling to scholars throughout
the course of the academic program to ensure successful completion;
(5) Ensure that all scholars complete an internship in a State VR
agency or a related agency as a requirement for completion of a program
leading to a master's degree. The internship must be in a State VR
agency unless the VR agency does not directly perform work related to
the scholar's course of study or an applicant can provide sufficient
justification that it is not feasible for all students receiving
scholarships to complete an internship in a State VR agency. In such
cases, the applicant may require scholars to complete an internship in
a related agency, as defined in 34 CFR 386.4. Circumstances that would
constitute sufficient justification may include, but are not limited
to, a lack of capacity at the State VR agency to provide adequate
supervision of scholars during their internship experience and the
physical distance between scholars and the nearest office of the State
VR agency (e.g., for scholars enrolled in distance-learning programs or
at rural institutions). Applicants should include a written
justification in the application or provide it to RSA for review and
approval by the appropriate RSA Project Officer no later than 30 days
prior to a scholar beginning an internship in a related agency. For
applicants proposing a certificate program, the requirement for an
internship in a State VR agency or a related agency is waived unless
the certificate program has an internship requirement.
(6) Provide career counseling, including informing scholars of
professional contacts and networks, job leads, and other necessary
resources and information to support scholars in successfully obtaining
and retaining qualifying employment;
(7) Maintain regular contact with scholars upon successful program
completion to ensure that they have support during their search for
qualifying employment as well as support during the initial months of
their employment (e.g., by matching scholars with mentors in the
field);
(8) Maintain regular communication with scholars after program exit
to ensure that their contact information is current and that
documentation of employment is accurate and meets the regulatory
requirements for qualifying employment; and
(9) Maintain accurate information on, while safeguarding the
privacy of, current and former scholars from the time they are enrolled
in the program until they successfully meet their service obligation.
(d) Describe a plan for developing and maintaining partnerships
with State VR agencies and community-based rehabilitation service
providers that includes:
(1) Coordination between the grantee and the State VR agencies and
community-based rehabilitation service providers that will promote
qualifying employment opportunities for scholars and formalized on-
boarding and induction experiences for new hires;
(2) Formal opportunities for scholars to obtain work experiences
through internships, practicum agreements, job shadowing, and mentoring
opportunities; and
(3) When applicable, a scholar internship assessment tool that is
developed to ensure a consistent approach to the evaluation of scholars
in a particular program. The tool should reflect the specific
responsibilities of the scholar during the internship. The grantee and
worksite supervisor are encouraged to work together as they see fit to
develop the assessment tool. Supervisors at the internship site will
complete the assessment detailing the scholar's strengths and areas for
improvement that must be addressed and provide the results of the
assessment to the grantee. The grantee should ensure that (i) scholars
are provided with a copy of the assessment and all relevant rubrics
prior to beginning their internship, (ii) supervisors have sufficient
technical support to accurately complete the assessment, and (iii)
scholars receive a copy of the results of the assessment within 90 days
of the end of their internship.
(e) Describe how scholars will be evaluated throughout the entire
program to ensure that they are proficient in meeting the needs and
demands of today's consumers and employers, including the steps that
will be taken to provide assistance to a scholar who is not meeting
academic standards or who is performing poorly in a practicum or
internship setting.
(f) Describe how the program will be evaluated. Such a description
must include:
(1) How the program will determine its effect over a period of time
on filling vacancies in the State VR agency with qualified
rehabilitation professionals capable of providing quality services to
consumers;
(2) How input from State VR agencies and community-based
rehabilitation service providers will be included in the evaluation;
(3) How feedback from consumers of VR services and employers
(including the assessments described in paragraph (d)(3)) will be
included in the evaluation;
(4) How data from other sources, such as those from the Department
on the State VR program, will be included in the evaluation; and
(5) How the data and results from the evaluation will be used to
make necessary adjustments and improvements to the program.
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)).
[[Page 27240]]
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 proposed regulatory action under
Executive Order 13563, which supplements and explicitly reaffirms the
principles, structures, and definitions governing regulatory review
established in Executive Order 12866. To the extent permitted by law,
Executive Order 13563 requires that an agency--
(1) Propose or adopt regulations only on a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that would maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing this proposed priority only on a reasoned
determination that its benefits would justify its costs. In choosing
among alternative regulatory approaches, we selected those approaches
that maximize net benefits. Based on the analysis that follows, the
Department believes that this regulatory action is consistent with the
principles in Executive Order 13563.
We also have determined that this regulatory action would not
unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
The benefits of the Rehabilitation Long-Term Training program have
been well established over the years through the successful completion
of similar projects. This proposed priority would promote
rehabilitation programs that will better prepare scholars to assist
individuals with disabilities achieve employment in today's challenging
economy.
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.gpo.gov/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: May 7, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 2014-10958 Filed 5-12-14; 8:45 am]
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