Proposed Priority-Rehabilitation Training: Vocational Rehabilitation Workforce Innovation Technical Assistance Center, 34579-34583 [2015-14940]
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Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules
for defense articles controlled in this category
where the purchase documentation includes
commodities, software, or technology subject
to the EAR (see § 123.1(b) of this subchapter).
Dated: June 3, 2015.
Rose E. Gottemoeller,
Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. 2015–14472 Filed 6–16–15; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED–2015–OSERS–0069]
Proposed Priority—Rehabilitation
Training: Vocational Rehabilitation
Workforce Innovation Technical
Assistance Center
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Proposed priority.
AGENCY:
[CFDA Number: 84.264G.]
The Assistant Secretary for
Special Education and Rehabilitative
Services proposes a priority to establish
the Workforce Innovation Technical
Assistance Center. The Assistant
Secretary may use this priority for
competitions in fiscal year (FY) 2015
and later years. We take this action to
provide training and technical
assistance (TA) to State vocational
rehabilitation (VR) agencies to improve
services under the State Vocational
Rehabilitation Services program (VR
program) and State Supported
Employment Services program for
individuals with disabilities, including
those with the most significant
disabilities, and to implement changes
to the Rehabilitation Act of 1973, as
amended by the Workforce Innovation
and Opportunity Act (WIOA), signed
into law on July 22, 2014.
DATES: We must receive your comments
on or before July 17, 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
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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 the proposed
priority, address them to Jerry Elliott,
U.S. Department of Education, 400
Maryland Avenue SW., Room 5042,
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
information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT: Jerry
Elliott. Telephone: (202) 245–7335 or by
email: jerry.elliott@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, 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 by accessing
Regulations.gov. You may also inspect
the comments in person in Room 5021,
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
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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: Under the
Rehabilitation Act of 1973
(Rehabilitation Act), as amended by
WIOA, the Rehabilitation Services
Administration (RSA) makes grants to
States and public or nonprofit agencies
and organizations (including
institutions of higher education) to
support projects that provide training,
traineeships, and TA designed to
increase the numbers of, and improve
the skills of, qualified personnel
(especially rehabilitation counselors)
who are trained to provide vocational,
medical, social, and psychological
rehabilitation services to individuals
with disabilities; assist individuals with
communication and related disorders;
and provide other services authorized
under the Rehabilitation Act.
Program Authority: 29 U.S.C. 772(a)(1).
Proposed Priority:
This notice contains one proposed
priority.
Workforce Innovation Technical
Assistance Center. Background:
WIOA supersedes the Workforce
Investment Act of 1998 and amends the
Rehabilitation Act, making major
changes that affect the management and
performance of the VR program and
Supported Employment program.
Among the changes are: (a) A
requirement that States reserve at least
15 percent of their Federal VR allotment
for providing or arranging for the
provision of pre-employment transition
services to students with disabilities; (b)
a requirement that States reserve at least
50 percent of their Federal Supported
Employment allotment for the provision
of supported employment services,
including extended services, to youth
with the most significant disabilities; (c)
a requirement that States provide a 10
percent non-Federal share to match the
50 percent of Supported Employment
allotment reserved for the provision of
supported employment services to
youth with the most significant
disabilities; (d) a requirement that VR
agencies provide documentation of the
completion of certain specified
activities to individuals with
disabilities, including youth with
disabilities, seeking or wanting to
maintain employment at a subminimum
wage; (e) a heightened emphasis on the
achievement of competitive integrated
employment by individuals with
disabilities; (f) enhanced coordination
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and integration of the VR program with
other core programs of the workforce
development system; and (g) new
common performance accountability
requirements for all core programs of
the workforce development system,
including the State VR program.
While some of these changes affect
documentation or reporting
requirements, others represent
significant changes in the management
and operation of the State VR program
and the Supported Employment
program. As such, RSA believes that it
is appropriate to provide training and
TA on the new statutory requirements
imposed by WIOA.
RSA believes that a dedicated TA
center would help collect and
disseminate information about relevant
existing, emerging, and evidence-based
practices; assist in developing and
disseminating new approaches and
practices; and coordinate and share
activities and approaches related to
implementation of WIOA in the topic
areas for this priority so that States have
the benefit of learning from each other
as WIOA implementation proceeds.
Proposed Priority:
The Assistant Secretary for Special
Education and Rehabilitative Services
proposes a priority to establish a
cooperative agreement to create a
Workforce Innovation Technical
Assistance Center (WITAC) to assist VR
agencies in implementing changes
affecting the State Vocational
Rehabilitation Services and State
Supported Employment Services
programs under WIOA, and to achieve,
at a minimum, the following outcomes:
(a) Implementation of effective and
efficient ‘‘pre-employment transition
services’’ for students with disabilities,
as set forth in section 113 of the
Rehabilitation Act;
(b) Implementation by State VR
agencies, in coordination with local and
State educational agencies and with the
Department of Labor, of the
requirements in section 511 of the
Rehabilitation Act that are under the
purview of the Department of
Education;
(c) Increased access to supported
employment and customized
employment services for individuals
with the most significant disabilities,
including youth with the most
significant disabilities, receiving
services under the State VR and
Supported Employment programs;
(d) An increased percentage of
individuals with disabilities who
receive services through the State VR
agency and who achieve employment
outcomes in competitive integrated
employment;
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(e) Improved collaboration between
State VR agencies and other core
programs of the workforce development
system; and
(f) Implementation of the new
common performance accountability
system under section 116 of WIOA.
Topic Areas.
The WITAC will develop and provide
training and technical assistance (TA) to
State VR agency staff and related
rehabilitation professionals and service
providers in five topic areas related to
changes made by WIOA:
(a) Provision of pre-employment
transition services to students with
disabilities and supported employment
services to youth with disabilities;
(b) Implementation of the
requirements in section 511 of the
Rehabilitation Act that are under the
purview of the Department of
Education;
(c) Provision of resources and
strategies to help individuals with
disabilities achieve competitive
integrated employment, including
customized employment and supported
employment;
(d) Integration of the State VR
program into the workforce
development system; and
(e) Transition to the new common
performance accountability system
under section 116 of WIOA, including
the collection and reporting of common
data elements.
Project Activities.
To meet the requirements of this
priority, the WITAC must, at a
minimum, conduct the following
activities:
Knowledge Development Activities.
(a) In the first year, collect
information from the literature and from
existing State and Federal programs
about evidence-based and promising
practices relevant to the work of the
WITAC and make this information
publicly available in a searchable,
accessible, and useful format. The
WITAC must review, at a minimum:
(1) Literature on evidence-based and
promising practices relevant to the work
of the WITAC;
(2) The results of State VR agency
monitoring conducted by RSA;
(3) State VR agency program and
performance data;
(4) Department of Education and
Department of Labor policies and
guidance on program changes made by
WIOA and implementation of those
changes; and
(5) Any existing State VR agency
memoranda of understanding (MOUs) or
agreement (MOAs) related to the work
of the WITAC.
(b) In the first year, conduct a survey
of relevant stakeholders and VR service
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providers to identify workforce
development TA needs and a process by
which TA solutions can be offered to
State VR agencies and their partners.
The WITAC must survey, at a minimum:
(1) State VR agency staff;
(2) Relevant RSA staff; and
(3) Other stakeholders, including
stakeholders from the transition and
special education community, the
workforce development community,
and the rehabilitation community.
(c) Develop and refine one or more
curriculum guides for VR staff training
for each of the topic areas listed in the
Topic Areas section of this priority.
Technical Assistance and
Dissemination Activities.
(a) Provide intensive, sustained TA 1
to a minimum of 23 State VR agencies
and their associated rehabilitation
professionals and service providers in
the topic areas set out in this priority.
The WITAC must provide intensive,
sustained TA to a minimum of two
agencies in the first year of the project
and to a minimum of seven additional
agencies per year in the second, third,
and fourth years of the project. These
are minimum requirements, and the
expectation is that intensive, sustained
TA will be provided, to the extent funds
are available, to all of the State VR
agencies that request intensive,
sustained TA. This TA must include:
(1) For topic area (a), how to—
(i) Develop, manage, and implement
effective pre-employment transition
services to improve the transition of
students with disabilities from
secondary to postsecondary education
and employment;
(ii) Coordinate pre-employment
transition services with transition
services provided under IDEA; and
(iii) Develop and implement
supported employment services for
youth with the most significant
disabilities;
(2) For topic area (b):
(i) How to provide career-related
counseling, information, and referral
services to individuals entering and
continuing employment at subminimum
wages; and
(ii) How to implement documentation
requirements for youth with disabilities
seeking employment at subminimum
wage, in accordance with section 511 of
the Rehabilitation Act;
1 For the purposes of this priority, ‘‘intensive,
sustained technical assistance’’ means TA services
often provided on-site and requiring a stable,
ongoing relationship between the TA center staff
and the TA recipient. ‘‘Technical assistance
services’’ are defined as negotiated series of
activities designed to reach a valued outcome. This
category of TA should result in changes to policy,
program, practice, or operations that support
increased recipient capacity or improved outcomes
at one or more systems levels.
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(3) For topic area (c), how to design
and implement new services and new
roles and responsibilities among partner
agencies to increase the percentage of
individuals achieving competitive
integrated employment and to meet the
supported employment and customized
employment requirements of the
Rehabilitation Act;
(4) For topic area (d), how to develop
model relationships between State VR
agencies and other core programs of the
workforce development system for
purposes of implementing the
requirements of title I of WIOA,
especially those requirements related to
integration of core programs into the
workforce development system; and
(5) For topic area (e), how to
effectively transition to the new
common performance accountability
system required in section 116 of WIOA
and use performance results to
implement programmatic changes to
improve agency performance.
(b) Provide a range of targeted,
specialized TA 2 and universal, general
TA 3 products and services on the topic
areas in this priority. This TA must
include, at a minimum, the following
activities:
(1) Establishing and maintaining a
state-of-the-art information technology
(IT) platform sufficient to support
Webinars, teleconferences, video
conferences, and other virtual methods
of dissemination of information and TA.
Note: All products produced by WITAC
must meet government- and industryrecognized standards for accessibility,
including section 508 of the Rehabilitation
Act.
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(2) Developing and maintaining a
state-of-the-art archiving and
dissemination system that—
2 For the purposes of this priority, ‘‘targeted,
specialized technical assistance’’ means TA services
based on needs common to multiple recipients and
not extensively individualized. A relationship is
established between the TA recipient and one or
more TA center staff. This category of TA includes
one-time, labor-intensive events, such as facilitating
strategic planning or hosting regional or national
conferences. It can also include episodic, less laborintensive events that extend over a period of time,
such as facilitating a series of conference calls on
single or multiple topics that are designed around
the needs of the recipients. Facilitating
communities of practice can also be considered
targeted, specialized TA.
3 For the purposes of this priority, ‘‘universal,
general technical assistance’’ means TA and
information provided to independent users through
their own initiative, resulting in minimal
interaction with TA center staff and including onetime, invited or offered conference presentations by
TA center staff. This category of TA also includes
information or products, such as newsletters,
guidebooks, or research syntheses, downloaded
from the TA center’s Web site by independent
users. Brief communications by TA center staff with
recipients, either by telephone or email, are also
considered universal, general TA.
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(i) Provides a central location for later
use of TA products, including course
curricula, audiovisual materials,
Webinars, examples of emerging and
best practices for the topic areas in this
priority, and any other TA products;
and
(ii) Is open and available to the
public.
Note: In meeting the requirements for (b)(1)
and (2) above, the WITAC may either develop
new platforms or systems or may modify
existing platforms or systems, so long as the
requirements of this priority are met.
(3) Providing a minimum of two
Webinars or video conferences over the
course of the project on each of the topic
areas in this priority to describe and
disseminate information about emerging
and best practices in each area.
Coordination Activities.
(a) Establish one or more communities
of practice that focus on the topic areas
in this priority and that act as vehicles
for communication and exchange of
information among State VR agencies
and partners, including the results of
TA projects that are in progress or have
been completed;
(b) Communicate, collaborate, and
coordinate, on an ongoing basis, with
other relevant Department-funded
projects and those supported by the
Social Security Administration (SSA)
and the Departments of Labor, Health
and Human Services, and Commerce;
and
(c) Maintain ongoing communication
with the RSA project officer and other
RSA staff as required.
Application Requirements.
To be funded under this priority,
applicants must meet the application
and administrative requirements in this
priority. RSA encourages innovative
approaches to meet these requirements,
which are:
(a) Demonstrate, in the narrative
section of the application under
‘‘Significance of the Project,’’ how the
proposed project will address State VR
agencies’ capacity to implement the
requirements of WIOA. To meet this
requirement, the applicant must:
(1) Demonstrate knowledge of current
RSA guidance and State and Federal
initiatives designed to improve
engagement with the workforce
development system and workforce
development system partners;
(2) Demonstrate knowledge of current
State VR agency and other efforts to
improve engagement with secondary
schools, youth programs, and other
programs that provide services to youth
with disabilities for the purpose of
assisting such youth to enter
postsecondary education or competitive
integrated employment; and
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(3) Demonstrate knowledge of current
State VR agency efforts to engage with
State Medicaid, developmental
disability, and mental health agencies to
develop agreements and provide
services leading to competitive
integrated employment, including
supported employment and customized
employment.
(b) Demonstrate, in the narrative
section of the application under
‘‘Quality of Project Services,’’ how the
proposed project will—
(1) Achieve its goals, objectives, and
intended outcomes. To meet this
requirement, the applicant must
provide—
(i) Measurable intended project
outcomes;
(ii) A plan for how the proposed
project will achieve its intended
outcomes; and
(iii) A plan for communicating,
collaborating, and coordinating with key
staff in State VR agencies; State and
local partner programs; RSA partners,
such as the Council of State
Administrators of Vocational
Rehabilitation, the National Association
of State Directors of Special Education,
the National Council of State Agencies
for the Blind, and other TA centers; and
relevant programs within SSA and the
Departments of Education, Labor,
Health and Human Services, and
Commerce.
(2) Use a conceptual framework to
develop project plans and activities,
describing any underlying concepts,
assumptions, expectations, beliefs, or
theories, as well as the presumed
relationships or linkages among these
variables, and any empirical support for
this framework.
(3) Be based on current research and
make use of evidence-based practices.
To meet this requirement, the applicant
must describe—
(i) How the current research about
adult learning principles and
implementation science will inform the
proposed TA; and
(ii) How the proposed project will
incorporate current research and
evidence-based practices in the
development and delivery of its
products and services.
(4) Develop products and provide
services that are of high quality and
sufficient intensity and duration to
achieve the intended outcomes of the
proposed project. To address this
requirement, the applicant must
describe—
(i) Its proposed activities to identify or
develop the knowledge base on
emerging and promising practices in the
five topic areas listed in the Topic Areas
section of this priority;
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(ii) Its proposed approach to
universal, general TA;
(iii) Its proposed approach to targeted,
specialized TA, which must identify—
(A) The intended recipients of the
products and services under this
approach; and
(B) Its proposed approach to measure
the capacity and readiness of State VR
agencies to work with the proposed
project, assessing, at a minimum, their
current infrastructure, available
resources, and ability to effectively
respond to the TA, as appropriate;
(iv) Its proposed approach to
intensive, sustained TA, which must
identify—
(A) The intended recipients of the
products and services under this
approach;
(B) Its proposed approach to measure
the readiness of the State VR agencies to
work with the proposed project,
including the State VR agencies’
commitment to the initiative, fit of the
initiative, current infrastructure,
available resources, and ability to
effectively respond to the TA, as
appropriate;
(C) Its proposed plan for assisting
State VR agencies to build training
systems that include professional
development based on adult learning
principles and coaching; and
(D) Its proposed plan for developing
agreements with State VR agencies to
provide intensive, sustained TA. The
plan must describe how the agreements
will outline the purposes of the TA, the
intended outcomes of the TA, and the
measurable objectives of the TA that
will be evaluated.
(5) Develop products and implement
services to maximize the project’s
efficiency. To address this requirement,
the applicant must describe—
(i) How the proposed project will use
technology to achieve the intended
project outcomes; and
(ii) With whom the proposed project
will collaborate and the intended
outcomes of this collaboration.
(c) Demonstrate, in the narrative
section of the application under
‘‘Quality of the Evaluation Plan,’’ how
the proposed project will—
(1) Measure and track the
effectiveness of the TA provided. To
meet this requirement, the applicant
must describe its proposed approach
to—
(i) Collecting data on the effectiveness
of each TA activity from State VR
agencies, partners, or other sources, as
appropriate; and
(ii) Analyzing data and determining
effectiveness of each TA activity,
including any proposed standards or
targets for determining effectiveness.
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(2) Collect and analyze data on
specific and measurable goals,
objectives, and intended outcomes of
the project, including measuring and
tracking the effectiveness of the TA
provided. To address this requirement,
the applicant must describe—
(i) Its proposed evaluation
methodologies, including instruments,
data collection methods, and analyses;
(ii) Its proposed standards or targets
for determining effectiveness;
(iii) How it will use the evaluation
results to examine the effectiveness of
its implementation and its progress
toward achieving the intended
outcomes; and
(iv) How the methods of evaluation
will produce quantitative and
qualitative data that demonstrate
whether the project and individual TA
activities achieved their intended
outcomes.
(d) Demonstrate, in the narrative
section of the application under
‘‘Adequacy of Project Resources,’’
how—
(1) The proposed project will
encourage applications for employment
from persons who are members of
groups that have historically been
underrepresented based on race, color,
national origin, gender, age, or
disability, as appropriate;
(2) The proposed key project
personnel, consultants, and
subcontractors have the qualifications
and experience to provide TA to State
VR agencies and their partners in each
of the topic areas in this priority and to
achieve the project’s intended
outcomes;
(3) The applicant and any key
partners have adequate resources to
carry out the proposed activities; and
(4) The proposed costs are reasonable
in relation to the anticipated results and
benefits;
(e) Demonstrate, in the narrative
section of the application under
‘‘Quality of the Management Plan,’’
how—
(1) The proposed management plan
will ensure that the project’s intended
outcomes will be achieved on time and
within budget. To address this
requirement, the applicant must
describe—
(i) Clearly defined responsibilities for
key project personnel, consultants, and
subcontractors, as applicable; and
(ii) Timelines and milestones for
accomplishing the project tasks.
(2) Key project personnel and any
consultants and subcontractors will be
allocated to the project and how these
allocations are appropriate and adequate
to achieve the project’s intended
outcomes, including an assurance that
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such personnel will have adequate
availability to ensure timely
communications with stakeholders and
RSA;
(3) The proposed management plan
will ensure that the products and
services provided are of high quality;
and
(4) The proposed project will benefit
from a diversity of perspectives,
including those of State and local
personnel, TA providers, researchers,
and policy makers, among others, in its
development and operation.
Types of Priorities:
When inviting applications for a
competition using one or more
priorities, we designate the type of each
priority as absolute, competitive
preference, or invitational through a
notice in the Federal Register. The
effect of each type of priority follows:
Absolute priority: Under an absolute
priority, we consider only applications
that meet the priority (34 CFR
75.105(c)(3)).
Competitive preference priority:
Under a competitive preference priority,
we give competitive preference to an
application by (1) awarding additional
points, depending on the extent to
which the application meets the priority
(34 CFR 75.105(c)(2)(i)); or (2) selecting
an application that meets the priority
over an application of comparable merit
that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an
invitational priority, we are particularly
interested in applications that meet the
priority. However, we do not give an
application that meets the priority a
preference over other applications (34
CFR 75.105(c)(1)).
Final 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
proposed regulatory action is
‘‘significant’’ and, therefore, subject to
the requirements of the Executive order
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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 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.
VerDate Sep<11>2014
16:32 Jun 16, 2015
Jkt 235001
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 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.
We propose to fund through this
priority TA to State VR agencies to
improve the quality of VR services and
of the competitive integrated
employment outcomes achieved by
individuals with disabilities, and
ultimately to increase the percentage of
individuals with disabilities who
receive services through the State VR
agencies who achieve competitive
integrated employment outcomes. This
proposed priority would promote the
efficient and effective use of Federal
funds.
Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
PO 00000
Frm 00044
Fmt 4702
Sfmt 4702
34583
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: June 12, 2015.
Michael K. Yudin,
Assistant Secretary for Special Education and
Rehabilitative Services.
[FR Doc. 2015–14940 Filed 6–16–15; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 10
RIN 0906–AA89
340B Drug Pricing Program Ceiling
Price and Manufacturer Civil Monetary
Penalties Regulation
Health Resources and Services
Administration, HHS.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Health Resources and
Services Administration (HRSA)
administers section 340B of the Public
Health Service Act (PHSA), which is
referred to as the ‘‘340B Drug Pricing
Program’’ or the ‘‘340B Program.’’ This
proposed rule will apply to all drug
manufacturers that are required to make
their drugs available to covered entities
under the 340B Program. The proposed
rule sets forth the calculation of the
ceiling price and application of civil
monetary penalties.
DATES: Submit comments on or before
August 17, 2015.
ADDRESSES: You may submit comments,
identified by the Regulatory Information
Number (RIN) 0906–AA89, by any of the
following methods. Please submit your
comments in only one of these ways to
SUMMARY:
E:\FR\FM\17JNP1.SGM
17JNP1
Agencies
[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Proposed Rules]
[Pages 34579-34583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14940]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2015-OSERS-0069]
Proposed Priority--Rehabilitation Training: Vocational
Rehabilitation Workforce Innovation Technical Assistance Center
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Proposed priority.
-----------------------------------------------------------------------
[CFDA Number: 84.264G.]
SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services proposes a priority to establish the Workforce
Innovation Technical Assistance Center. The Assistant Secretary may use
this priority for competitions in fiscal year (FY) 2015 and later
years. We take this action to provide training and technical assistance
(TA) to State vocational rehabilitation (VR) agencies to improve
services under the State Vocational Rehabilitation Services program (VR
program) and State Supported Employment Services program for
individuals with disabilities, including those with the most
significant disabilities, and to implement changes to the
Rehabilitation Act of 1973, as amended by the Workforce Innovation and
Opportunity Act (WIOA), signed into law on July 22, 2014.
DATES: We must receive your comments on or before July 17, 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 the proposed priority, address them
to Jerry Elliott, U.S. Department of Education, 400 Maryland Avenue
SW., Room 5042, 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 information that they wish to make publicly
available.
FOR FURTHER INFORMATION CONTACT: Jerry Elliott. Telephone: (202) 245-
7335 or by email: jerry.elliott@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, 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 by accessing Regulations.gov. You may also
inspect the comments in person in Room 5021, 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: Under the Rehabilitation Act of 1973
(Rehabilitation Act), as amended by WIOA, the Rehabilitation Services
Administration (RSA) makes grants to States and public or nonprofit
agencies and organizations (including institutions of higher education)
to support projects that provide training, traineeships, and TA
designed to increase the numbers of, and improve the skills of,
qualified personnel (especially rehabilitation counselors) who are
trained to provide vocational, medical, social, and psychological
rehabilitation services to individuals with disabilities; assist
individuals with communication and related disorders; and provide other
services authorized under the Rehabilitation Act.
Program Authority: 29 U.S.C. 772(a)(1).
Proposed Priority:
This notice contains one proposed priority.
Workforce Innovation Technical Assistance Center. Background:
WIOA supersedes the Workforce Investment Act of 1998 and amends the
Rehabilitation Act, making major changes that affect the management and
performance of the VR program and Supported Employment program. Among
the changes are: (a) A requirement that States reserve at least 15
percent of their Federal VR allotment for providing or arranging for
the provision of pre-employment transition services to students with
disabilities; (b) a requirement that States reserve at least 50 percent
of their Federal Supported Employment allotment for the provision of
supported employment services, including extended services, to youth
with the most significant disabilities; (c) a requirement that States
provide a 10 percent non-Federal share to match the 50 percent of
Supported Employment allotment reserved for the provision of supported
employment services to youth with the most significant disabilities;
(d) a requirement that VR agencies provide documentation of the
completion of certain specified activities to individuals with
disabilities, including youth with disabilities, seeking or wanting to
maintain employment at a subminimum wage; (e) a heightened emphasis on
the achievement of competitive integrated employment by individuals
with disabilities; (f) enhanced coordination
[[Page 34580]]
and integration of the VR program with other core programs of the
workforce development system; and (g) new common performance
accountability requirements for all core programs of the workforce
development system, including the State VR program.
While some of these changes affect documentation or reporting
requirements, others represent significant changes in the management
and operation of the State VR program and the Supported Employment
program. As such, RSA believes that it is appropriate to provide
training and TA on the new statutory requirements imposed by WIOA.
RSA believes that a dedicated TA center would help collect and
disseminate information about relevant existing, emerging, and
evidence-based practices; assist in developing and disseminating new
approaches and practices; and coordinate and share activities and
approaches related to implementation of WIOA in the topic areas for
this priority so that States have the benefit of learning from each
other as WIOA implementation proceeds.
Proposed Priority:
The Assistant Secretary for Special Education and Rehabilitative
Services proposes a priority to establish a cooperative agreement to
create a Workforce Innovation Technical Assistance Center (WITAC) to
assist VR agencies in implementing changes affecting the State
Vocational Rehabilitation Services and State Supported Employment
Services programs under WIOA, and to achieve, at a minimum, the
following outcomes:
(a) Implementation of effective and efficient ``pre-employment
transition services'' for students with disabilities, as set forth in
section 113 of the Rehabilitation Act;
(b) Implementation by State VR agencies, in coordination with local
and State educational agencies and with the Department of Labor, of the
requirements in section 511 of the Rehabilitation Act that are under
the purview of the Department of Education;
(c) Increased access to supported employment and customized
employment services for individuals with the most significant
disabilities, including youth with the most significant disabilities,
receiving services under the State VR and Supported Employment
programs;
(d) An increased percentage of individuals with disabilities who
receive services through the State VR agency and who achieve employment
outcomes in competitive integrated employment;
(e) Improved collaboration between State VR agencies and other core
programs of the workforce development system; and
(f) Implementation of the new common performance accountability
system under section 116 of WIOA.
Topic Areas.
The WITAC will develop and provide training and technical
assistance (TA) to State VR agency staff and related rehabilitation
professionals and service providers in five topic areas related to
changes made by WIOA:
(a) Provision of pre-employment transition services to students
with disabilities and supported employment services to youth with
disabilities;
(b) Implementation of the requirements in section 511 of the
Rehabilitation Act that are under the purview of the Department of
Education;
(c) Provision of resources and strategies to help individuals with
disabilities achieve competitive integrated employment, including
customized employment and supported employment;
(d) Integration of the State VR program into the workforce
development system; and
(e) Transition to the new common performance accountability system
under section 116 of WIOA, including the collection and reporting of
common data elements.
Project Activities.
To meet the requirements of this priority, the WITAC must, at a
minimum, conduct the following activities:
Knowledge Development Activities.
(a) In the first year, collect information from the literature and
from existing State and Federal programs about evidence-based and
promising practices relevant to the work of the WITAC and make this
information publicly available in a searchable, accessible, and useful
format. The WITAC must review, at a minimum:
(1) Literature on evidence-based and promising practices relevant
to the work of the WITAC;
(2) The results of State VR agency monitoring conducted by RSA;
(3) State VR agency program and performance data;
(4) Department of Education and Department of Labor policies and
guidance on program changes made by WIOA and implementation of those
changes; and
(5) Any existing State VR agency memoranda of understanding (MOUs)
or agreement (MOAs) related to the work of the WITAC.
(b) In the first year, conduct a survey of relevant stakeholders
and VR service providers to identify workforce development TA needs and
a process by which TA solutions can be offered to State VR agencies and
their partners. The WITAC must survey, at a minimum:
(1) State VR agency staff;
(2) Relevant RSA staff; and
(3) Other stakeholders, including stakeholders from the transition
and special education community, the workforce development community,
and the rehabilitation community.
(c) Develop and refine one or more curriculum guides for VR staff
training for each of the topic areas listed in the Topic Areas section
of this priority.
Technical Assistance and Dissemination Activities.
(a) Provide intensive, sustained TA \1\ to a minimum of 23 State VR
agencies and their associated rehabilitation professionals and service
providers in the topic areas set out in this priority. The WITAC must
provide intensive, sustained TA to a minimum of two agencies in the
first year of the project and to a minimum of seven additional agencies
per year in the second, third, and fourth years of the project. These
are minimum requirements, and the expectation is that intensive,
sustained TA will be provided, to the extent funds are available, to
all of the State VR agencies that request intensive, sustained TA. This
TA must include:
---------------------------------------------------------------------------
\1\ For the purposes of this priority, ``intensive, sustained
technical assistance'' means TA services often provided on-site and
requiring a stable, ongoing relationship between the TA center staff
and the TA recipient. ``Technical assistance services'' are defined
as negotiated series of activities designed to reach a valued
outcome. This category of TA should result in changes to policy,
program, practice, or operations that support increased recipient
capacity or improved outcomes at one or more systems levels.
---------------------------------------------------------------------------
(1) For topic area (a), how to--
(i) Develop, manage, and implement effective pre-employment
transition services to improve the transition of students with
disabilities from secondary to postsecondary education and employment;
(ii) Coordinate pre-employment transition services with transition
services provided under IDEA; and
(iii) Develop and implement supported employment services for youth
with the most significant disabilities;
(2) For topic area (b):
(i) How to provide career-related counseling, information, and
referral services to individuals entering and continuing employment at
subminimum wages; and
(ii) How to implement documentation requirements for youth with
disabilities seeking employment at subminimum wage, in accordance with
section 511 of the Rehabilitation Act;
[[Page 34581]]
(3) For topic area (c), how to design and implement new services
and new roles and responsibilities among partner agencies to increase
the percentage of individuals achieving competitive integrated
employment and to meet the supported employment and customized
employment requirements of the Rehabilitation Act;
(4) For topic area (d), how to develop model relationships between
State VR agencies and other core programs of the workforce development
system for purposes of implementing the requirements of title I of
WIOA, especially those requirements related to integration of core
programs into the workforce development system; and
(5) For topic area (e), how to effectively transition to the new
common performance accountability system required in section 116 of
WIOA and use performance results to implement programmatic changes to
improve agency performance.
(b) Provide a range of targeted, specialized TA \2\ and universal,
general TA \3\ products and services on the topic areas in this
priority. This TA must include, at a minimum, the following activities:
---------------------------------------------------------------------------
\2\ For the purposes of this priority, ``targeted, specialized
technical assistance'' means TA services based on needs common to
multiple recipients and not extensively individualized. A
relationship is established between the TA recipient and one or more
TA center staff. This category of TA includes one-time, labor-
intensive events, such as facilitating strategic planning or hosting
regional or national conferences. It can also include episodic, less
labor-intensive events that extend over a period of time, such as
facilitating a series of conference calls on single or multiple
topics that are designed around the needs of the recipients.
Facilitating communities of practice can also be considered
targeted, specialized TA.
\3\ For the purposes of this priority, ``universal, general
technical assistance'' means TA and information provided to
independent users through their own initiative, resulting in minimal
interaction with TA center staff and including one-time, invited or
offered conference presentations by TA center staff. This category
of TA also includes information or products, such as newsletters,
guidebooks, or research syntheses, downloaded from the TA center's
Web site by independent users. Brief communications by TA center
staff with recipients, either by telephone or email, are also
considered universal, general TA.
---------------------------------------------------------------------------
(1) Establishing and maintaining a state-of-the-art information
technology (IT) platform sufficient to support Webinars,
teleconferences, video conferences, and other virtual methods of
dissemination of information and TA.
Note: All products produced by WITAC must meet government- and
industry-recognized standards for accessibility, including section
508 of the Rehabilitation Act.
(2) Developing and maintaining a state-of-the-art archiving and
dissemination system that--
(i) Provides a central location for later use of TA products,
including course curricula, audiovisual materials, Webinars, examples
of emerging and best practices for the topic areas in this priority,
and any other TA products; and
(ii) Is open and available to the public.
Note: In meeting the requirements for (b)(1) and (2) above, the
WITAC may either develop new platforms or systems or may modify
existing platforms or systems, so long as the requirements of this
priority are met.
(3) Providing a minimum of two Webinars or video conferences over
the course of the project on each of the topic areas in this priority
to describe and disseminate information about emerging and best
practices in each area.
Coordination Activities.
(a) Establish one or more communities of practice that focus on the
topic areas in this priority and that act as vehicles for communication
and exchange of information among State VR agencies and partners,
including the results of TA projects that are in progress or have been
completed;
(b) Communicate, collaborate, and coordinate, on an ongoing basis,
with other relevant Department-funded projects and those supported by
the Social Security Administration (SSA) and the Departments of Labor,
Health and Human Services, and Commerce; and
(c) Maintain ongoing communication with the RSA project officer and
other RSA staff as required.
Application Requirements.
To be funded under this priority, applicants must meet the
application and administrative requirements in this priority. RSA
encourages innovative approaches to meet these requirements, which are:
(a) Demonstrate, in the narrative section of the application under
``Significance of the Project,'' how the proposed project will address
State VR agencies' capacity to implement the requirements of WIOA. To
meet this requirement, the applicant must:
(1) Demonstrate knowledge of current RSA guidance and State and
Federal initiatives designed to improve engagement with the workforce
development system and workforce development system partners;
(2) Demonstrate knowledge of current State VR agency and other
efforts to improve engagement with secondary schools, youth programs,
and other programs that provide services to youth with disabilities for
the purpose of assisting such youth to enter postsecondary education or
competitive integrated employment; and
(3) Demonstrate knowledge of current State VR agency efforts to
engage with State Medicaid, developmental disability, and mental health
agencies to develop agreements and provide services leading to
competitive integrated employment, including supported employment and
customized employment.
(b) Demonstrate, in the narrative section of the application under
``Quality of Project Services,'' how the proposed project will--
(1) Achieve its goals, objectives, and intended outcomes. To meet
this requirement, the applicant must provide--
(i) Measurable intended project outcomes;
(ii) A plan for how the proposed project will achieve its intended
outcomes; and
(iii) A plan for communicating, collaborating, and coordinating
with key staff in State VR agencies; State and local partner programs;
RSA partners, such as the Council of State Administrators of Vocational
Rehabilitation, the National Association of State Directors of Special
Education, the National Council of State Agencies for the Blind, and
other TA centers; and relevant programs within SSA and the Departments
of Education, Labor, Health and Human Services, and Commerce.
(2) Use a conceptual framework to develop project plans and
activities, describing any underlying concepts, assumptions,
expectations, beliefs, or theories, as well as the presumed
relationships or linkages among these variables, and any empirical
support for this framework.
(3) Be based on current research and make use of evidence-based
practices. To meet this requirement, the applicant must describe--
(i) How the current research about adult learning principles and
implementation science will inform the proposed TA; and
(ii) How the proposed project will incorporate current research and
evidence-based practices in the development and delivery of its
products and services.
(4) Develop products and provide services that are of high quality
and sufficient intensity and duration to achieve the intended outcomes
of the proposed project. To address this requirement, the applicant
must describe--
(i) Its proposed activities to identify or develop the knowledge
base on emerging and promising practices in the five topic areas listed
in the Topic Areas section of this priority;
[[Page 34582]]
(ii) Its proposed approach to universal, general TA;
(iii) Its proposed approach to targeted, specialized TA, which must
identify--
(A) The intended recipients of the products and services under this
approach; and
(B) Its proposed approach to measure the capacity and readiness of
State VR agencies to work with the proposed project, assessing, at a
minimum, their current infrastructure, available resources, and ability
to effectively respond to the TA, as appropriate;
(iv) Its proposed approach to intensive, sustained TA, which must
identify--
(A) The intended recipients of the products and services under this
approach;
(B) Its proposed approach to measure the readiness of the State VR
agencies to work with the proposed project, including the State VR
agencies' commitment to the initiative, fit of the initiative, current
infrastructure, available resources, and ability to effectively respond
to the TA, as appropriate;
(C) Its proposed plan for assisting State VR agencies to build
training systems that include professional development based on adult
learning principles and coaching; and
(D) Its proposed plan for developing agreements with State VR
agencies to provide intensive, sustained TA. The plan must describe how
the agreements will outline the purposes of the TA, the intended
outcomes of the TA, and the measurable objectives of the TA that will
be evaluated.
(5) Develop products and implement services to maximize the
project's efficiency. To address this requirement, the applicant must
describe--
(i) How the proposed project will use technology to achieve the
intended project outcomes; and
(ii) With whom the proposed project will collaborate and the
intended outcomes of this collaboration.
(c) Demonstrate, in the narrative section of the application under
``Quality of the Evaluation Plan,'' how the proposed project will--
(1) Measure and track the effectiveness of the TA provided. To meet
this requirement, the applicant must describe its proposed approach
to--
(i) Collecting data on the effectiveness of each TA activity from
State VR agencies, partners, or other sources, as appropriate; and
(ii) Analyzing data and determining effectiveness of each TA
activity, including any proposed standards or targets for determining
effectiveness.
(2) Collect and analyze data on specific and measurable goals,
objectives, and intended outcomes of the project, including measuring
and tracking the effectiveness of the TA provided. To address this
requirement, the applicant must describe--
(i) Its proposed evaluation methodologies, including instruments,
data collection methods, and analyses;
(ii) Its proposed standards or targets for determining
effectiveness;
(iii) How it will use the evaluation results to examine the
effectiveness of its implementation and its progress toward achieving
the intended outcomes; and
(iv) How the methods of evaluation will produce quantitative and
qualitative data that demonstrate whether the project and individual TA
activities achieved their intended outcomes.
(d) Demonstrate, in the narrative section of the application under
``Adequacy of Project Resources,'' how--
(1) The proposed project will encourage applications for employment
from persons who are members of groups that have historically been
underrepresented based on race, color, national origin, gender, age, or
disability, as appropriate;
(2) The proposed key project personnel, consultants, and
subcontractors have the qualifications and experience to provide TA to
State VR agencies and their partners in each of the topic areas in this
priority and to achieve the project's intended outcomes;
(3) The applicant and any key partners have adequate resources to
carry out the proposed activities; and
(4) The proposed costs are reasonable in relation to the
anticipated results and benefits;
(e) Demonstrate, in the narrative section of the application under
``Quality of the Management Plan,'' how--
(1) The proposed management plan will ensure that the project's
intended outcomes will be achieved on time and within budget. To
address this requirement, the applicant must describe--
(i) Clearly defined responsibilities for key project personnel,
consultants, and subcontractors, as applicable; and
(ii) Timelines and milestones for accomplishing the project tasks.
(2) Key project personnel and any consultants and subcontractors
will be allocated to the project and how these allocations are
appropriate and adequate to achieve the project's intended outcomes,
including an assurance that such personnel will have adequate
availability to ensure timely communications with stakeholders and RSA;
(3) The proposed management plan will ensure that the products and
services provided are of high quality; and
(4) The proposed project will benefit from a diversity of
perspectives, including those of State and local personnel, TA
providers, researchers, and policy makers, among others, in its
development and operation.
Types of Priorities:
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit 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 proposed regulatory action is ``significant'' and, therefore,
subject to the requirements of the Executive order
[[Page 34583]]
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 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 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.
We propose to fund through this priority TA to State VR agencies to
improve the quality of VR services and of the competitive integrated
employment outcomes achieved by individuals with disabilities, and
ultimately to increase the percentage of individuals with disabilities
who receive services through the State VR agencies who achieve
competitive integrated employment outcomes. This proposed priority
would promote the efficient and effective use of Federal funds.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. One of the
objectives of the Executive order is to foster an intergovernmental
partnership and a strengthened federalism. The Executive order relies
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the program contact person
listed under FOR FURTHER INFORMATION CONTACT.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.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: June 12, 2015.
Michael K. Yudin,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2015-14940 Filed 6-16-15; 8:45 am]
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