Proposed Priority and Definitions-Demonstration and Training Program: Career Pathways for Individuals With Disabilities, 27874-27878 [2015-11829]
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Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED–2015–OSERS–0061]
Proposed Priority and Definitions—
Demonstration and Training Program:
Career Pathways for Individuals With
Disabilities
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Proposed priority and
definitions.
AGENCY:
[CFDA Number: 84.235N.]
The Assistant Secretary for
Special Education and Rehabilitative
Services proposes a priority and
definitions under the Demonstration
and Training program. The Assistant
Secretary may use this priority and one
or more of these definitions for
competitions in fiscal year (FY) 2015
and later years. This priority and these
definitions are designed to support
projects that develop and implement
career pathways for individuals with
disabilities.
SUMMARY:
We must receive your comments
on or before June 15, 2015.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
duplicate copies, please submit your
comments only once. In addition, please
include the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘Are you new to the site?’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about 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.
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DATES:
Privacy Note: The U.S. Department of
Education’s (Department’s) policy is to make
all comments received from members of the
public available for public viewing in their
entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters
should be careful to include in their
comments only information that they wish to
make publicly available.
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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
notice. To ensure that your comments
have maximum effect in developing the
notice of final priority and definitions,
we urge you to identify clearly the
specific section of the proposed priority
or definition 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
and these proposed definitions. Please
let us know of any further ways we
could reduce potential costs or increase
potential benefits while preserving the
effective and efficient administration of
the program.
During and after the comment period,
you may inspect all public comments
about this notice by accessing
Regulations.gov. You may also inspect
the comments in person in Room 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.
Please contact the person listed under
FOR FURTHER INFORMATION CONTACT.
Assistance to Individuals with
Disabilities in Reviewing the
Rulemaking Record: On request we will
provide an appropriate accommodation
or auxiliary aid to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for this notice. If you want to
schedule an appointment for this type of
accommodation or auxiliary aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Purpose of Program: The purpose of
the Demonstration and Training
Program is to provide competitive grants
to, or enter into contracts with, eligible
entities to expand and improve
rehabilitation and other services
authorized under the Rehabilitation Act
of 1973, as amended (Rehabilitation
Act), or to further the purposes and
policies in sections 2(b) and 2(c) of the
Rehabilitation Act by supporting
activities that increase the provision,
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extent, availability, scope, and quality of
rehabilitation services under the
Rehabilitation Act.
Program Authority: 29 U.S.C. 773(b).
Applicable Program Regulations: 34
CFR part 373.
Proposed Priority
This notice contains one proposed
priority.
Career Pathways for Individuals With
Disabilities
Background
Despite largely positive trends in U.S.
economic indicators, including a
declining trend in the overall
unemployment rate,1 employers report
difficulty finding workers with the
specific skills and knowledge that they
need. In the recovering economy, it is
critical that employers have access to
highly skilled workers to meet the
challenges of today’s labor market.
Individuals with disabilities comprise a
large group of potential employees who,
with the necessary skills and
credentials, could help fill this unmet
need and participate fully in the
economy and our society.
With nearly one in five people in the
United States identified as having a
disability, strategies designed to
encourage the growth of the recovering
economy will need to include initiatives
to tap the skills and knowledge of this
underutilized human resource. While
recent data show that the labor force
participation rate for working-age
people with disabilities is beginning to
increase, it is far below the rate for
individuals without disabilities (31.1
percent for individuals with disabilities
compared to 75.7 percent for the
working-age people without
disabilities).2
One strategy for assisting individuals
to acquire skills relevant in today’s
economy is to develop and use a career
pathway. By preparing workers for highdemand occupations, career pathways
offer a promising approach for
improving the foundation skills of
young adults and low-skilled adults,
including individuals with disabilities,
and the Nation’s overall economic
prosperity. A ‘‘career pathway,’’ as
defined in section 3(7) of the Workforce
Innovation and Opportunity Act
(WIOA), is a combination of rigorous
and high-quality education, training,
and other services that is aligned with
the skill needs of industries in the State
1 The Employment Situation, U.S. Department of
Labor, Bureau of Labor Statistics, 2015.
2 nTIDE Jobs Report; Kessler Foundation and
University of New Hampshire, 2015.
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or regional economy and that enables
individuals to attain a recognized
postsecondary credential that will help
them enter or advance within a specific
occupation or occupational cluster. This
definition also is included in the
Definitions section of this notice.
One of the benefits of a career
pathways approach is the integration of
educational instruction, workforce
development, and human and social
services and supports that are linked to
labor market trends and employer needs
leading to stackable credentials.3 The
career pathways approach has wide
support among the Federal Departments
of Labor, Education, and Health and
Human Services (see https://
www2.ed.gov/about/offices/list/ovae/
ten-attachment.pdf). In addition to
issuing joint guidance, these agencies
developed technical assistance
resources that promote the use of career
pathways approaches. For example,
under the ‘‘Designing Instruction for
Career Pathways’’ initiative, the
Department’s Office of Career,
Technical, and Adult Education made
available resources to help expand the
creation of career pathways systems in
States and local areas. The Department
of Labor (DOL) developed a
comprehensive set of technical
assistance tools, including the ‘‘Career
Pathways Framework and Toolkit’’ and
the ‘‘Competency Model
Clearinghouse.’’ These materials can be
found at DOL’s Community of Practice
Web site, at:
learnwork.workforce3one.org.
The State Vocational Rehabilitation
(VR) Services program is the primary
Federal vehicle in the workforce
development system for assisting
individuals with disabilities,
particularly individuals with the most
significant disabilities, to prepare for,
obtain, retain, or advance in competitive
integrated employment. As required
partners in the one-stop service delivery
system established under WIOA for
accessing employment and training
services, State VR agencies must
coordinate and collaborate with other
entities, including employers,
educational and non-educational
agencies working with youth, and other
agencies and programs providing
services to individuals with disabilities.
However, to increase the employment of
3 The U.S. Department of Labor defines a
‘‘stackable credential’’ as one that is ‘‘part of a
sequence of credentials that can be accumulated
over time to build up an individual’s qualifications
and help them to move along a career pathway or
up a career ladder to different and potentially
higher-paying jobs.’’ (U.S. Department of Labor
Training and Employment Guidance Letter (TEGL)
No. 15–10; https://wdr.doleta.gov/directives/attach/
TEGL15-10.pdf)
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individuals with disabilities, State VR
agencies need employment approaches
that are effective in assisting individuals
to attain knowledge and skills that can
lead to employment in high-demand
occupations.
Through this proposed priority, the
Office of Special Education and
Rehabilitative Services seeks to support
collaborations between State VR
agencies, secondary and postsecondary
educational institutions, workforce
centers and other training providers,
human and social service agencies,
employers, and other community
stakeholders. These collaborations will
demonstrate how career pathways can
help individuals with disabilities served
by State VR agencies to acquire the
marketable skills and to attain
recognized postsecondary credentials
that lead to employment in highdemand occupations.
References
U.S. Census Bureau (2012). Nearly 1 in 5
People Have a Disability in the U.S.,
Census Bureau Reports. News Release.
https://www.census.gov/newsroom/
releases/archives/miscellaneous/cb12134.html.
U.S. Department of Labor, Bureau of Labor
Statistics (2015). The Employment
Situation, Economic News Release (3/6/
15). https://www.bls.gov/news.release/
empsit.nr0.htm.
U.S. Department of Labor Training and
Employment Guidance Letter (TEGL) No.
15–10, Increasing Credential, Degree,
and Certificate Attainment by
Participants of the Public Workforce
System.
Kessler Foundation and University of New
Hampshire. (2015). nTIDE Jobs Report:
Rising Tide Continues to Raise Workers
with Disabilities, Monthly Update. (3/6/
2015). https://us2.campaignarchive1.com/?u=767afbe8bd6db50de
03889
b40&id=eb4a1ab921&e=e235f2eadb.
Proposed Priority
The Assistant Secretary for Special
Education and Rehabilitative Services
proposes a priority designed to
demonstrate promising practices in the
use of career pathways (as defined in
this notice) in order to improve
employment outcomes for individuals
with disabilities (as defined in this
notice). Specifically, the purpose of the
proposed priority is to establish a model
demonstration project designed to
promote State vocational rehabilitation
(VR) agency partnerships in the
development and use of career
pathways to help individuals with
disabilities eligible for VR services,
including youth with disabilities (as
defined in this notice), to acquire
marketable skills and recognized
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postsecondary credentials (as defined in
this notice).
Eligible Applicants: Under this
proposed priority, an applicant must be
either a State VR agency or a consortium
of State VR agencies.
Project Requirements: Under this
proposed priority, the model
demonstration proposed by an applicant
must, at a minimum—
(a) Develop and implement a
collaborative model project
demonstrating promising practices and
strategies in the use of career pathways
to improve the skills of individuals with
disabilities, including youth with
disabilities, and help them attain
credentials that lead to employment in
high-demand occupations. The model
must be implemented at multiple sites
to ensure its replicability. The career
pathways must lead to one or more
occupational clusters (as defined in this
notice);
(b) Establish partnerships between the
VR agencies, employers, agencies, and
entities that are critical to the
development of career pathways and the
alignment of education, training,
employment, and human and social
services. At a minimum, the partnership
should include representatives from the
public educational agency or agencies
responsible for providing transition
services to students with disabilities
under the Individuals with Disabilities
Education Act and representatives from
two-year and four-year institutions of
higher education, American Job Centers,
workforce training providers (including
apprenticeship providers), and
employers who will work in
collaboration to develop and provide
postsecondary education and training
for individuals with disabilities served
under this project;
(c) Include the following career
pathway components:
(1) Alignment of secondary and
postsecondary education, training,
employment, and human services with
the skill needs of targeted industry
sectors important to local, regional, or
State economies;
(2) Rigorous, sequential, connected,
and efficient curricula that connect
basic education and skills training
courses and that integrate education
with training;
(3) Multiple entry and exit points for
individuals with disabilities entering
and exiting training;
(4) Comprehensive support services
that are designed to ensure the
individual’s success in completing
education and training programs:
(i) Financial supports, career
counseling, child care, and
transportation;
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(ii) Educational supports (e.g., tutors,
on-campus supports such as writing
labs, math labs, and disability services);
(iii) Self-advocacy training (e.g.,
understanding how to request services
and supports needed in the transition
from secondary to post-secondary
education and employment, and
increasing knowledge of rights under
disability laws); and
(iv) Appropriate assistive technology
services and devices;
(5) Flexible design of education and
training programs and services to meet
the particular needs of individuals with
disabilities, including flexible work
schedules, alternative class times and
locations, and the innovative use of
technology;
(6) Education and training programs
that focus on the attainment of
secondary education and recognized
postsecondary credentials, sectorspecific employment, educational
advancement over time and
employment within a sector, including
curriculum and instructional strategies
designed to develop the following
knowledge and skills:
(i) Career exploration and career
readiness skills;
(ii) Basic academic skills needed to
demonstrate knowledge competencies
in an occupation or occupational
cluster, including remedial skills to
address gaps in basic reading, writing,
and math skills;
(iii) Career and technical skills
leading to employment in technical
careers, including employment in the
skilled trades; and
(iv) Soft skills (e.g., understanding
learning styles, identifying strengths
and weaknesses);
(d) Collaborate with other federallyfunded career pathway initiatives
conducting activities relevant to the
work of its proposed project; and
(e) Develop and conduct an
evaluation of the project’s performance
in achieving project goals and
objectives, including an evaluation of
the effectiveness of the practices and
strategies implemented by the project.
Application Requirements: To be
considered for funding under this
proposed priority, an applicant must
meet the proposed application
requirements in this proposed priority.
The proposed application requirements
are:
(a) A detailed review of the literature
that supports the potential effectiveness
of the proposed model, its components,
and processes to improve outcomes for
individuals with disabilities;
(b) A logic model that communicates
how the demonstration project will
achieve its outcomes and provides a
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framework for project evaluation. The
logic model must depict, at a minimum,
the goals, activities, outputs, and
outcomes of the proposed model
demonstration project;
(c) A description of the applicant’s
plan for implementing the project,
including a description of—
(1) A cohesive, articulated model of
partnership and coordination among the
participating agencies and
organizations;
(2) The coordinated set of promising
practices and strategies in the use and
development of career pathways that are
aligned with employment, training, and
education programs and reflect the
needs of employers and individuals
with disabilities; and
(3) How the proposed project will—
(i) Identify local workforce needs,
aligned with the skill needs of targeted
industry sectors important to local,
regional, or State economies;
(ii) Involve employers in the project
design and in partnering with project
staff to develop integrated community
settings for assessments, job shadowing,
internships, apprenticeships, and other
paid and unpaid work experiences that
are designed to lead to competitive
integrated employment for individuals
with disabilities, including youth with
disabilities;
(iii) Conduct outreach activities to
identify individuals with disabilities for
whom the career pathways approach
would enable them to achieve
competitive integrated employment in
career clusters identified in their
application; and
(iv) Develop strategies for involving
families that will increase the likelihood
for successful educational and
employment outcomes for individuals
with disabilities.
(d) The methods and criteria that will
be used to select the sites at which the
project activities will be implemented;
(e) Evidence (e.g., letter of support or
draft agreement) that the State VR
agency has specific agreements with its
partners in the development and
implementation of the project;
(f) A plan for evaluating the project’s
performance, including an evaluation of
the effectiveness of the practices and
strategies implemented by the project,
in achieving project goals and
objectives. Specifically, the evaluation
plan must include a description of:
(1) Project goals, measurable
objectives, and operational definitions;
(2) the data to be collected;
(3) how the data will be analyzed; and
(4) the outcomes for individuals with
disabilities served by the project
compared with the outcomes of
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individuals with disabilities not
receiving project services.
(g) At a minimum, the data collected
must include:
(1) the relevant RSA–911 Case Service
Report data for each project participant;
(2) the number of participants who
enter a career pathway;
(3) the number of participants who
complete training in a career pathway;
and
(4) the number of participants who
attain a recognized postsecondary
credential and the type of credentials
attained.
(h) A plan for systematic
dissemination of project findings and
knowledge gained that will assist State
and local agencies in adapting or
replicating the model career pathways
developed and implemented by the
project, which could include elements
such as development of a Web site,
community of practice, and
participation in national and State
conferences;
(i) An assurance that the employment
goal for all individuals served under
this priority will be competitive
integrated employment, including
customized or supported employment;
and
(j) An assurance that the project will
collaborate with other federally-funded
career pathway initiatives conducting
activities relevant to its work.
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)).
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Proposed Definitions
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Background
The following definitions are
proposed to ensure that applicants have
a clear understanding of how we are
using these terms in the priority. These
definitions are based on defined
statutory terms in WIOA, the
Rehabilitation Act and definitions that
the Department uses or relies on in
other contexts. Although we cannot
make changes to the text of statutory
definitions, we announce them along
with our other proposed definitions
below to provide notice of our intent to
use them in the context of this program.
Proposed Definitions
The Assistant Secretary proposes the
following definitions for this program.
We may apply one or more of these
definitions in any year in which this
program is in effect.
Career Pathway means a combination
of rigorous and high-quality education,
training, and other services that—
(a) Aligns with the skill needs of
industries in the economy of the State
or regional economy involved;
(b) Prepares an individual to be
successful in any of a full range of
secondary or postsecondary education
options, including apprenticeships
registered under the Act of August 16,
1937 (commonly known as the
‘‘National Apprenticeship Act’’; 50 Stat.
664, chapter 663; 29 U.S.C. 50 et seq.);
(c) Includes counseling to support an
individual in achieving the individual’s
education and career goals;
(d) Includes, as appropriate,
education offered concurrently with and
in the same context as workforce
preparation activities and training for a
specific occupation or occupational
cluster;
(e) Organizes education, training, and
other services to meet the particular
needs of an individual in a manner that
accelerates the educational and career
advancement of the individual to the
extent practicable;
(f) Enables an individual to attain a
secondary school diploma or its
recognized equivalent, and at least one
recognized postsecondary credential;
and
(g) Helps an individual enter or
advance within a specific occupation or
occupational cluster. Source: Section
3(7) of WIOA.
Competitive integrated employment
means work that is performed on a fulltime or part-time basis (including selfemployment)—
(a) For which an individual—
(1) Is compensated at a rate that—
(i)(A) Shall be not less than the higher
of the rate specified in section 6(a)(1) of
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the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)) or the rate specified in
the applicable State or local minimum
wage law; and
(B) Is not less than the customary rate
paid by the employer for the same or
similar work performed by other
employees who are not individuals with
disabilities, and who are similarly
situated in similar occupations by the
same employer and who have similar
training, experience, and skills; or
(ii) In the case of an individual who
is self-employed, yields an income that
is comparable to the income received by
other individuals who are not
individuals with disabilities, and who
are self-employed in similar
occupations or on similar tasks and who
have similar training, experience, and
skills; and
(2) Is eligible for the level of benefits
provided to other employees;
(b) That is at a location where the
employee interacts with other persons
who are not individuals with
disabilities (not including supervisory
personnel or individuals who are
providing services to such employee) to
the same extent that individuals who
are not individuals with disabilities and
who are in comparable positions
interact with other persons; and
(c) That, as appropriate, presents
opportunities for advancement that are
similar to those for other employees
who are not individuals with
disabilities and who have similar
positions. Source: Section 7(5) of the
Rehabilitation Act.
Individual with a disability means any
individual who—
(a) Has a physical or mental
impairment which for such individual
constitutes or results in a substantial
impediment to employment; and
(b) Can benefit in terms of an
employment outcome from vocational
rehabilitation services provided
pursuant to Title I, III, or VI of the
Rehabilitation Act. Source: Section
7(20) of the Rehabilitation Act.
Occupational cluster means a group
of occupations and broad industries
based on common knowledge and skills,
job requirements or worker
characteristics. Source: Adopted from
Career Pathways Toolkit, DOL.
Recognized postsecondary credential
means a credential consisting of an
industry-recognized certificate or
certification, a certificate of completion
of an apprenticeship, a license
recognized by the State involved or
Federal Government, or an associate or
baccalaureate degree. Source: Section
3(52) of WIOA.
Youth with a disability means an
individual with a disability who—
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(a) Is not younger than 14 years of age;
and
(b) Is not older than 24 years of age.
Source: Section 7(42) of the
Rehabilitation Act.
Final Priority
We will announce the final priority
and definitions in a notice in the
Federal Register. We will determine the
final priority and definitions 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 one or more of this priority and these
proposed definitions, 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—
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(1) Propose or adopt regulations only
upon a reasoned determination that
their benefits justify their costs
(recognizing that some benefits and
costs are difficult to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are issuing this proposed priority
and these proposed definitions only on
a reasoned determination that their
benefits would justify their costs. In
choosing among alternative regulatory
approaches, we selected those
approaches that would maximize net
benefits. Based on the analysis that
follows, the Department believes that
this regulatory action is consistent with
the principles in Executive Order 13563.
We also have determined that this
regulatory action would not unduly
interfere with State, local, and tribal
governments in the exercise of their
governmental functions.
In accordance with both Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities.
The benefits of the Demonstration and
Training program have been well
VerDate Sep<11>2014
15:09 May 14, 2015
Jkt 235001
established over the years through the
successful completion of similar
projects. For example, the projects first
funded in FY 2007 to demonstrate
collaborative practices that lead to
postsecondary education and
employment of youth with disabilities
have served as a rich source of practices
for the VR field. This proposed priority
and these proposed definitions would
promote projects that would serve as
models in developing and implementing
career pathways for individuals with
disabilities that could be replicated by
other State VR agencies so that such
agencies could improve employment
outcomes for individuals with
disabilities.
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.
DEPARTMENT OF VETERANS
AFFAIRS
Dated: May 12, 2015.
Sue Swenson,
Acting Assistant Secretary for Special
Education and Rehabilitative Services.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2015–11829 Filed 5–14–15; 8:45 am]
BILLING CODE 4000–01–P
PO 00000
Frm 00011
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38 CFR Part 17
RIN 2900–AP09
Health Care for Certain Children of
Vietnam Veterans and Certain Korea
Veterans—Covered Birth Defects and
Spina Bifida
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) proposes to amend its
regulations concerning the provisions of
health care to birth children of Vietnam
veterans and veterans of covered service
in Korea diagnosed with spina bifida,
except for spina bifida occulta, and
certain other birth defects. The
proposed changes would more clearly
define the types of health care VA
provides, including day health care and
health-related services, which VA
would define as homemaker or home
health aide services that provide
assistance with Activities of Daily
Living or Instrumental Activities of
Daily Living that have therapeutic
value. We would also make changes to
the list of health care services that
require preauthorization by VA.
DATES: Comments must be received by
VA on or before July 14, 2015.
ADDRESSES: Written comments may be
submitted through www.regulations.gov;
by mail or hand-delivery to the Director,
Regulation Policy and Management
(02REG), Department of Veterans
Affairs, 810 Vermont Ave. NW., Room
1068, Washington, DC 20420; or by fax
to (202) 273–9026. Comments should
indicate that they are submitted in
response to ‘‘RIN 2900–AP09—Health
Care for Certain Children of Vietnam
Veterans and Certain Korea Veterans—
Covered Birth Defects and Spina
Bifida.’’ Copies of comments received
will be available for public inspection in
the Office of Regulation Policy and
Management, Room 1068, between the
hours of 8 a.m. and 4:30 p.m., Monday
through Friday (except holidays). Please
call (202) 461–4902 for an appointment.
(This is not a toll-free number.) In
addition, during the comment period,
comments may be viewed online
through the Federal Docket—
Management System (FDMS) at https://
www.regulations.gov.
SUMMARY:
Karyn Barrett, Director, Program
Administration Directorate, Chief
Business Office Purchased Care
(10NB3), Veterans Health
Administration, Department of Veterans
E:\FR\FM\15MYP1.SGM
15MYP1
Agencies
[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)]
[Proposed Rules]
[Pages 27874-27878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11829]
[[Page 27874]]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2015-OSERS-0061]
Proposed Priority and Definitions--Demonstration and Training
Program: Career Pathways for Individuals With Disabilities
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Proposed priority and definitions.
-----------------------------------------------------------------------
[CFDA Number: 84.235N.]
SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services proposes a priority and definitions under the
Demonstration and Training program. The Assistant Secretary may use
this priority and one or more of these definitions for competitions in
fiscal year (FY) 2015 and later years. This priority and these
definitions are designed to support projects that develop and implement
career pathways for individuals with disabilities.
DATES: We must receive your comments on or before June 15, 2015.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments submitted by fax or by email or those submitted after
the comment period. To ensure that we do not receive duplicate copies,
please submit your comments only once. In addition, please include the
Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under ``Are you new to the site?''
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about 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 U.S. Department of Education's (Department's)
policy is to make all comments received from members of the public
available for public viewing in their entirety on the Federal
eRulemaking Portal at www.regulations.gov. Therefore, commenters
should be careful to include in their comments only information that
they wish to make publicly available.
FOR FURTHER INFORMATION CONTACT: 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 notice. To ensure that your comments have maximum effect in
developing the notice of final priority and definitions, we urge you to
identify clearly the specific section of the proposed priority or
definition 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 and these proposed definitions. Please let us know of
any further ways we could reduce potential costs or increase potential
benefits while preserving the effective and efficient administration of
the program.
During and after the comment period, you may inspect all public
comments about this notice by accessing Regulations.gov. You may also
inspect the comments in person in Room 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. Please contact the person listed under FOR FURTHER
INFORMATION CONTACT.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this notice. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
Purpose of Program: The purpose of the Demonstration and Training
Program is to provide competitive grants to, or enter into contracts
with, eligible entities to expand and improve rehabilitation and other
services authorized under the Rehabilitation Act of 1973, as amended
(Rehabilitation Act), or to further the purposes and policies in
sections 2(b) and 2(c) of the Rehabilitation Act by supporting
activities that increase the provision, extent, availability, scope,
and quality of rehabilitation services under the Rehabilitation Act.
Program Authority: 29 U.S.C. 773(b).
Applicable Program Regulations: 34 CFR part 373.
Proposed Priority
This notice contains one proposed priority.
Career Pathways for Individuals With Disabilities
Background
Despite largely positive trends in U.S. economic indicators,
including a declining trend in the overall unemployment rate,\1\
employers report difficulty finding workers with the specific skills
and knowledge that they need. In the recovering economy, it is critical
that employers have access to highly skilled workers to meet the
challenges of today's labor market. Individuals with disabilities
comprise a large group of potential employees who, with the necessary
skills and credentials, could help fill this unmet need and participate
fully in the economy and our society.
---------------------------------------------------------------------------
\1\ The Employment Situation, U.S. Department of Labor, Bureau
of Labor Statistics, 2015.
---------------------------------------------------------------------------
With nearly one in five people in the United States identified as
having a disability, strategies designed to encourage the growth of the
recovering economy will need to include initiatives to tap the skills
and knowledge of this underutilized human resource. While recent data
show that the labor force participation rate for working-age people
with disabilities is beginning to increase, it is far below the rate
for individuals without disabilities (31.1 percent for individuals with
disabilities compared to 75.7 percent for the working-age people
without disabilities).\2\
---------------------------------------------------------------------------
\2\ nTIDE Jobs Report; Kessler Foundation and University of New
Hampshire, 2015.
---------------------------------------------------------------------------
One strategy for assisting individuals to acquire skills relevant
in today's economy is to develop and use a career pathway. By preparing
workers for high-demand occupations, career pathways offer a promising
approach for improving the foundation skills of young adults and low-
skilled adults, including individuals with disabilities, and the
Nation's overall economic prosperity. A ``career pathway,'' as defined
in section 3(7) of the Workforce Innovation and Opportunity Act (WIOA),
is a combination of rigorous and high-quality education, training, and
other services that is aligned with the skill needs of industries in
the State
[[Page 27875]]
or regional economy and that enables individuals to attain a recognized
postsecondary credential that will help them enter or advance within a
specific occupation or occupational cluster. This definition also is
included in the Definitions section of this notice.
One of the benefits of a career pathways approach is the
integration of educational instruction, workforce development, and
human and social services and supports that are linked to labor market
trends and employer needs leading to stackable credentials.\3\ The
career pathways approach has wide support among the Federal Departments
of Labor, Education, and Health and Human Services (see https://www2.ed.gov/about/offices/list/ovae/ten-attachment.pdf). In addition to
issuing joint guidance, these agencies developed technical assistance
resources that promote the use of career pathways approaches. For
example, under the ``Designing Instruction for Career Pathways''
initiative, the Department's Office of Career, Technical, and Adult
Education made available resources to help expand the creation of
career pathways systems in States and local areas. The Department of
Labor (DOL) developed a comprehensive set of technical assistance
tools, including the ``Career Pathways Framework and Toolkit'' and the
``Competency Model Clearinghouse.'' These materials can be found at
DOL's Community of Practice Web site, at: learnwork.workforce3one.org.
---------------------------------------------------------------------------
\3\ The U.S. Department of Labor defines a ``stackable
credential'' as one that is ``part of a sequence of credentials that
can be accumulated over time to build up an individual's
qualifications and help them to move along a career pathway or up a
career ladder to different and potentially higher-paying jobs.''
(U.S. Department of Labor Training and Employment Guidance Letter
(TEGL) No. 15-10; https://wdr.doleta.gov/directives/attach/TEGL15-10.pdf).
---------------------------------------------------------------------------
The State Vocational Rehabilitation (VR) Services program is the
primary Federal vehicle in the workforce development system for
assisting individuals with disabilities, particularly individuals with
the most significant disabilities, to prepare for, obtain, retain, or
advance in competitive integrated employment. As required partners in
the one-stop service delivery system established under WIOA for
accessing employment and training services, State VR agencies must
coordinate and collaborate with other entities, including employers,
educational and non-educational agencies working with youth, and other
agencies and programs providing services to individuals with
disabilities. However, to increase the employment of individuals with
disabilities, State VR agencies need employment approaches that are
effective in assisting individuals to attain knowledge and skills that
can lead to employment in high-demand occupations.
Through this proposed priority, the Office of Special Education and
Rehabilitative Services seeks to support collaborations between State
VR agencies, secondary and postsecondary educational institutions,
workforce centers and other training providers, human and social
service agencies, employers, and other community stakeholders. These
collaborations will demonstrate how career pathways can help
individuals with disabilities served by State VR agencies to acquire
the marketable skills and to attain recognized postsecondary
credentials that lead to employment in high-demand occupations.
References
U.S. Census Bureau (2012). Nearly 1 in 5 People Have a Disability in
the U.S., Census Bureau Reports. News Release. https://www.census.gov/newsroom/releases/archives/miscellaneous/cb12-134.html.
U.S. Department of Labor, Bureau of Labor Statistics (2015). The
Employment Situation, Economic News Release (3/6/15). https://www.bls.gov/news.release/empsit.nr0.htm.
U.S. Department of Labor Training and Employment Guidance Letter
(TEGL) No. 15-10, Increasing Credential, Degree, and Certificate
Attainment by Participants of the Public Workforce System.
Kessler Foundation and University of New Hampshire. (2015). nTIDE
Jobs Report: Rising Tide Continues to Raise Workers with
Disabilities, Monthly Update. (3/6/2015). https://us2.campaign-archive1.com/?u=767afbe8bd6db50de03889b40&id=eb4a1ab921&e=e235f2eadb.
Proposed Priority
The Assistant Secretary for Special Education and Rehabilitative
Services proposes a priority designed to demonstrate promising
practices in the use of career pathways (as defined in this notice) in
order to improve employment outcomes for individuals with disabilities
(as defined in this notice). Specifically, the purpose of the proposed
priority is to establish a model demonstration project designed to
promote State vocational rehabilitation (VR) agency partnerships in the
development and use of career pathways to help individuals with
disabilities eligible for VR services, including youth with
disabilities (as defined in this notice), to acquire marketable skills
and recognized postsecondary credentials (as defined in this notice).
Eligible Applicants: Under this proposed priority, an applicant
must be either a State VR agency or a consortium of State VR agencies.
Project Requirements: Under this proposed priority, the model
demonstration proposed by an applicant must, at a minimum--
(a) Develop and implement a collaborative model project
demonstrating promising practices and strategies in the use of career
pathways to improve the skills of individuals with disabilities,
including youth with disabilities, and help them attain credentials
that lead to employment in high-demand occupations. The model must be
implemented at multiple sites to ensure its replicability. The career
pathways must lead to one or more occupational clusters (as defined in
this notice);
(b) Establish partnerships between the VR agencies, employers,
agencies, and entities that are critical to the development of career
pathways and the alignment of education, training, employment, and
human and social services. At a minimum, the partnership should include
representatives from the public educational agency or agencies
responsible for providing transition services to students with
disabilities under the Individuals with Disabilities Education Act and
representatives from two-year and four-year institutions of higher
education, American Job Centers, workforce training providers
(including apprenticeship providers), and employers who will work in
collaboration to develop and provide postsecondary education and
training for individuals with disabilities served under this project;
(c) Include the following career pathway components:
(1) Alignment of secondary and postsecondary education, training,
employment, and human services with the skill needs of targeted
industry sectors important to local, regional, or State economies;
(2) Rigorous, sequential, connected, and efficient curricula that
connect basic education and skills training courses and that integrate
education with training;
(3) Multiple entry and exit points for individuals with
disabilities entering and exiting training;
(4) Comprehensive support services that are designed to ensure the
individual's success in completing education and training programs:
(i) Financial supports, career counseling, child care, and
transportation;
[[Page 27876]]
(ii) Educational supports (e.g., tutors, on-campus supports such as
writing labs, math labs, and disability services);
(iii) Self-advocacy training (e.g., understanding how to request
services and supports needed in the transition from secondary to post-
secondary education and employment, and increasing knowledge of rights
under disability laws); and
(iv) Appropriate assistive technology services and devices;
(5) Flexible design of education and training programs and services
to meet the particular needs of individuals with disabilities,
including flexible work schedules, alternative class times and
locations, and the innovative use of technology;
(6) Education and training programs that focus on the attainment of
secondary education and recognized postsecondary credentials, sector-
specific employment, educational advancement over time and employment
within a sector, including curriculum and instructional strategies
designed to develop the following knowledge and skills:
(i) Career exploration and career readiness skills;
(ii) Basic academic skills needed to demonstrate knowledge
competencies in an occupation or occupational cluster, including
remedial skills to address gaps in basic reading, writing, and math
skills;
(iii) Career and technical skills leading to employment in
technical careers, including employment in the skilled trades; and
(iv) Soft skills (e.g., understanding learning styles, identifying
strengths and weaknesses);
(d) Collaborate with other federally-funded career pathway
initiatives conducting activities relevant to the work of its proposed
project; and
(e) Develop and conduct an evaluation of the project's performance
in achieving project goals and objectives, including an evaluation of
the effectiveness of the practices and strategies implemented by the
project.
Application Requirements: To be considered for funding under this
proposed priority, an applicant must meet the proposed application
requirements in this proposed priority. The proposed application
requirements are:
(a) A detailed review of the literature that supports the potential
effectiveness of the proposed model, its components, and processes to
improve outcomes for individuals with disabilities;
(b) A logic model that communicates how the demonstration project
will achieve its outcomes and provides a framework for project
evaluation. The logic model must depict, at a minimum, the goals,
activities, outputs, and outcomes of the proposed model demonstration
project;
(c) A description of the applicant's plan for implementing the
project, including a description of--
(1) A cohesive, articulated model of partnership and coordination
among the participating agencies and organizations;
(2) The coordinated set of promising practices and strategies in
the use and development of career pathways that are aligned with
employment, training, and education programs and reflect the needs of
employers and individuals with disabilities; and
(3) How the proposed project will--
(i) Identify local workforce needs, aligned with the skill needs of
targeted industry sectors important to local, regional, or State
economies;
(ii) Involve employers in the project design and in partnering with
project staff to develop integrated community settings for assessments,
job shadowing, internships, apprenticeships, and other paid and unpaid
work experiences that are designed to lead to competitive integrated
employment for individuals with disabilities, including youth with
disabilities;
(iii) Conduct outreach activities to identify individuals with
disabilities for whom the career pathways approach would enable them to
achieve competitive integrated employment in career clusters identified
in their application; and
(iv) Develop strategies for involving families that will increase
the likelihood for successful educational and employment outcomes for
individuals with disabilities.
(d) The methods and criteria that will be used to select the sites
at which the project activities will be implemented;
(e) Evidence (e.g., letter of support or draft agreement) that the
State VR agency has specific agreements with its partners in the
development and implementation of the project;
(f) A plan for evaluating the project's performance, including an
evaluation of the effectiveness of the practices and strategies
implemented by the project, in achieving project goals and objectives.
Specifically, the evaluation plan must include a description of:
(1) Project goals, measurable objectives, and operational
definitions;
(2) the data to be collected;
(3) how the data will be analyzed; and
(4) the outcomes for individuals with disabilities served by the
project compared with the outcomes of individuals with disabilities not
receiving project services.
(g) At a minimum, the data collected must include:
(1) the relevant RSA-911 Case Service Report data for each project
participant;
(2) the number of participants who enter a career pathway;
(3) the number of participants who complete training in a career
pathway; and
(4) the number of participants who attain a recognized
postsecondary credential and the type of credentials attained.
(h) A plan for systematic dissemination of project findings and
knowledge gained that will assist State and local agencies in adapting
or replicating the model career pathways developed and implemented by
the project, which could include elements such as development of a Web
site, community of practice, and participation in national and State
conferences;
(i) An assurance that the employment goal for all individuals
served under this priority will be competitive integrated employment,
including customized or supported employment; and
(j) An assurance that the project will collaborate with other
federally-funded career pathway initiatives conducting activities
relevant to its work.
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)).
[[Page 27877]]
Proposed Definitions
Background
The following definitions are proposed to ensure that applicants
have a clear understanding of how we are using these terms in the
priority. These definitions are based on defined statutory terms in
WIOA, the Rehabilitation Act and definitions that the Department uses
or relies on in other contexts. Although we cannot make changes to the
text of statutory definitions, we announce them along with our other
proposed definitions below to provide notice of our intent to use them
in the context of this program.
Proposed Definitions
The Assistant Secretary proposes the following definitions for this
program. We may apply one or more of these definitions in any year in
which this program is in effect.
Career Pathway means a combination of rigorous and high-quality
education, training, and other services that--
(a) Aligns with the skill needs of industries in the economy of the
State or regional economy involved;
(b) Prepares an individual to be successful in any of a full range
of secondary or postsecondary education options, including
apprenticeships registered under the Act of August 16, 1937 (commonly
known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.);
(c) Includes counseling to support an individual in achieving the
individual's education and career goals;
(d) Includes, as appropriate, education offered concurrently with
and in the same context as workforce preparation activities and
training for a specific occupation or occupational cluster;
(e) Organizes education, training, and other services to meet the
particular needs of an individual in a manner that accelerates the
educational and career advancement of the individual to the extent
practicable;
(f) Enables an individual to attain a secondary school diploma or
its recognized equivalent, and at least one recognized postsecondary
credential; and
(g) Helps an individual enter or advance within a specific
occupation or occupational cluster. Source: Section 3(7) of WIOA.
Competitive integrated employment means work that is performed on a
full-time or part-time basis (including self-employment)--
(a) For which an individual--
(1) Is compensated at a rate that--
(i)(A) Shall be not less than the higher of the rate specified in
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) or the rate specified in the applicable State or local
minimum wage law; and
(B) Is not less than the customary rate paid by the employer for
the same or similar work performed by other employees who are not
individuals with disabilities, and who are similarly situated in
similar occupations by the same employer and who have similar training,
experience, and skills; or
(ii) In the case of an individual who is self-employed, yields an
income that is comparable to the income received by other individuals
who are not individuals with disabilities, and who are self-employed in
similar occupations or on similar tasks and who have similar training,
experience, and skills; and
(2) Is eligible for the level of benefits provided to other
employees;
(b) That is at a location where the employee interacts with other
persons who are not individuals with disabilities (not including
supervisory personnel or individuals who are providing services to such
employee) to the same extent that individuals who are not individuals
with disabilities and who are in comparable positions interact with
other persons; and
(c) That, as appropriate, presents opportunities for advancement
that are similar to those for other employees who are not individuals
with disabilities and who have similar positions. Source: Section 7(5)
of the Rehabilitation Act.
Individual with a disability means any individual who--
(a) Has a physical or mental impairment which for such individual
constitutes or results in a substantial impediment to employment; and
(b) Can benefit in terms of an employment outcome from vocational
rehabilitation services provided pursuant to Title I, III, or VI of the
Rehabilitation Act. Source: Section 7(20) of the Rehabilitation Act.
Occupational cluster means a group of occupations and broad
industries based on common knowledge and skills, job requirements or
worker characteristics. Source: Adopted from Career Pathways Toolkit,
DOL.
Recognized postsecondary credential means a credential consisting
of an industry-recognized certificate or certification, a certificate
of completion of an apprenticeship, a license recognized by the State
involved or Federal Government, or an associate or baccalaureate
degree. Source: Section 3(52) of WIOA.
Youth with a disability means an individual with a disability who--
(a) Is not younger than 14 years of age; and
(b) Is not older than 24 years of age.
Source: Section 7(42) of the Rehabilitation Act.
Final Priority
We will announce the final priority and definitions in a notice in
the Federal Register. We will determine the final priority and
definitions 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 one or more of this priority and these
proposed definitions, 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--
[[Page 27878]]
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing this proposed priority and these proposed
definitions only on a reasoned determination that their benefits would
justify their costs. In choosing among alternative regulatory
approaches, we selected those approaches that would maximize net
benefits. Based on the analysis that follows, the Department believes
that this regulatory action is consistent with the principles in
Executive Order 13563.
We also have determined that this regulatory action would not
unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
The benefits of the Demonstration and Training program have been
well established over the years through the successful completion of
similar projects. For example, the projects first funded in FY 2007 to
demonstrate collaborative practices that lead to postsecondary
education and employment of youth with disabilities have served as a
rich source of practices for the VR field. This proposed priority and
these proposed definitions would promote projects that would serve as
models in developing and implementing career pathways for individuals
with disabilities that could be replicated by other State VR agencies
so that such agencies could improve employment outcomes for individuals
with disabilities.
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 12, 2015.
Sue Swenson,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 2015-11829 Filed 5-14-15; 8:45 am]
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