Final Priority and Definitions; Demonstration and Training Program: Career Pathways for Individuals With Disabilities, 46799-46804 [2015-19293]
Download as PDF
Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations
beneficiary’s needs and to implement
the program.
(vii) The PBM will ensure that a
pharmacist is available at all times
through the toll-free telephone number
to answer beneficiary questions or
provide other appropriate assistance.
(6) This program will remain in effect
indefinitely with any adjustments or
modifications required by law.
Dated: July 31, 2015.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2015–19196 Filed 8–5–15; 8:45 am]
BILLING CODE 5001–06–P
Program Authority: 29 U.S.C. 773(b).
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED–2015–OSERS–0061]
Final Priority and Definitions;
Demonstration and Training Program:
Career Pathways for Individuals With
Disabilities
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final priority and definitions.
AGENCY:
[CFDA Number: 84.235N.]
The Assistant Secretary for
Special Education and Rehabilitative
Services announces a priority designed
to demonstrate promising practices in
the use of career pathways to improve
employment outcomes for individuals
with disabilities. Specifically, this
priority will establish model
demonstration projects that engage State
vocational rehabilitation (VR) agencies
in partnerships with other entities to
develop and use career pathways to
help individuals with disabilities
eligible for VR services, including youth
with disabilities, acquire necessary
marketable skills and recognized
postsecondary credentials. The
Assistant Secretary may use this priority
for competitions in fiscal year (FY) 2015
and later years.
DATES: This priority and these
definitions are effective September 8,
2015.
SUMMARY:
mstockstill on DSK4VPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Felipe Lulli, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 5042, Potomac Center Plaza
(PCP), Washington, DC 20202–2800.
Telephone: (202) 245–7425 or by email:
felipe.lulli@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
VerDate Sep<11>2014
16:05 Aug 05, 2015
Jkt 235001
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
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, and scope, as well
as improve the quality of rehabilitation
services under the Rehabilitation Act.
Applicable Program Regulations: 34
CFR part 373.
We published a notice of proposed
priority and definitions for this
competition in the Federal Register on
May 15, 2015 (80 FR 27874). That notice
contained background information and
our reasons for proposing the particular
priority and definitions. There are
differences between the proposed
priority and the final priority which are
explained in the Analysis of Comments
and Changes section of this notice.
Public Comment: In response to our
invitation in the notice of proposed
priority and definitions, two parties
submitted comments relevant to this
priority.
Generally, we do not address
technical and other minor changes.
Analysis of the Comments and
Changes: An analysis of the comments
and of any changes in the priority and
definitions since publication of the
notice of proposed priority follows.
Comment: One commenter inquired
whether there were any Federal
requirements for the legal or
programmatic structure of an eligible
consortium. We also identified a second
issue implicit in the commenter’s
question, namely, when it is appropriate
for VR agencies to apply as a group.
Discussion: We agree that the
reference to ‘‘a consortium of State VR
agencies’’ in the Eligible Applicants
section of the proposed priority requires
further definition. The Education
Department General Administrative
Regulations (EDGAR) at 34 CFR 75.127–
129 authorize eligible entities to apply
as a group. According to EDGAR, groups
may take various forms, including
consortia, provided that the constituent
members are eligible entities and that
the eligible applicants formally bind
themselves to all the application
statements and assurances, describe the
activities they plan to conduct, and
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
46799
assume responsibility for compliance
with all relevant Federal requirements.
Accordingly, the final priority
incorporates references to these
requirements in the Eligibility and
Application Requirements sections.
We also agree that further clarification
is needed regarding the circumstances
in which application by a group would
be appropriate. Thus, we have added a
requirement that groups must serve a
defined metropolitan area or distinct
population that exists across State lines.
Changes: In the Eligible Applicants
section, we updated the final priority to
use the broader term ‘‘group’’ instead of
‘‘consortium.’’ With regard to the
circumstances for group applications,
we have updated the Eligible Applicants
section of the final priority to specify
that State VR agencies may apply as a
group if they serve individuals in a
distinct geographic area shared by two
or more adjacent States (e.g.,
metropolitan areas, targeted
occupational clusters or related
industries whose employment base
extends beyond a single adjacent State).
Also, in the Application
Requirements paragraph (c)(3), we
added a new requirement that State VR
agencies applying as a group identify
their shared geographic area and
describe how they will coordinate their
project activities within that area. In
paragraph (e) of the Application
Requirements section, we stipulate that
applications by groups must include a
copy of the members’ signed agreement
designating the agency authorized to
sign the application on behalf of the
group; binding each agency to every
statement, assurance and obligation in
the application; and detailing the
agencies’ assigned project roles and
responsibilities.
Comment: One commenter stated that
the project requirements in the
proposed priority would not ensure that
grantees provide individuals with the
kind of career development support
they need for success in a career
pathway. The commenter described the
comprehensive career development
process in terms of three distinct
elements: the individual’s selfexploration of career-related skills,
interests, and values; exploration of
potential occupations and career goals
aligned with the individual’s skills,
interests, and values; and career
planning and management to achieve
the individual’s chosen employment
and personal goals. The commenter
stated that career planning and
management may involve careerspecific skills, job search skills, and soft
skills involving communication,
E:\FR\FM\06AUR1.SGM
06AUR1
mstockstill on DSK4VPTVN1PROD with RULES
46800
Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations
teamwork, networking, problem solving,
critical thinking, and professionalism.
In the commenter’s view, the Project
Requirements section of the proposed
priority was inadequate because it did
not require grantees to engage
individuals in a comprehensive career
development process. To correct this,
the commenter recommended changes
in the Project Requirements section to
incorporate the three aspects of the
comprehensive career development
process, particularly in paragraphs
(c)(6)(i) and (c)(6)(iv).
The same commenter made additional
recommendations in support of job
readiness. Specifically, the commenter
proposed inserting additional examples
of comprehensive support services, selfadvocacy, and soft-skills in Project
Requirements paragraphs (c)(4)(i),
(c)(4)(iii), and (c)(6)(iv), respectively, as
well as the addition of a new
requirement regarding ‘‘supportive
relationships with family members,
mentors, role models, and other caring
adults.’’
Discussion: We agree with the
commenter’s three-part description of a
systematic comprehensive career
development process. We also agree that
the phrase used in the proposed
priority—‘‘career counseling, career
exploration and career readiness
skills’’—does not fully reflect such a
process. It does not, for example,
capture the self-exploration or career
planning and management components
of the process. Accordingly, the final
priority incorporates a number of
changes to improve the quality of the
program’s career development activities,
consistent with the commenter’s threepart description of a comprehensive
career development process.
We also agree that the proposed
priority omitted some important
elements of comprehensive support
services, self-advocacy, and soft-skills
requirements, including fostering
supportive relationships. The final
priority therefore expands the
comprehensive support services, selfadvocacy training, and soft skills
services to be provided, together with
peer support and mentoring.
On the other hand, we do not believe
that a new requirement regarding
supportive relationships with family
members is necessary, because the
proposed priority’s Application
Requirements paragraph (c)(3)(vi)
already requires ‘‘strategies for
involving families.’’
Changes: We have revised the final
priority to include several changes to
the Project Requirements section.
Paragraph (c)(6)(i) has been revised to
more fully reflect the nature and scope
VerDate Sep<11>2014
16:05 Aug 05, 2015
Jkt 235001
of the program’s required career
development services. In addition,
paragraph (c)(4)(i) now incorporates
benefits planning and physical and
mental health services among the
comprehensive support services.
Further, we revised paragraph (c)(4)(iii)
to incorporate mentoring and peer
relationships as components of selfadvocacy training. Finally, we revised
paragraph (c)(6)(iv) to add
communication, teamwork, networking,
problem solving, critical thinking and
professionalism as soft skills.
Comment: None.
Discussion: We identified several
instances in which a particular
requirement was cited in one part of the
proposed priority but omitted in another
place where it should have been cited.
The proposed priority’s program
description, for example, indicated that
career pathway services are intended for
individuals with disabilities who meet
State VR eligibility requirements.
However, this eligibility requirement
was not reflected in the Project
Requirements or Application
Requirements sections of the proposed
priority.
Also, certain requirements in the
Project Requirements section were not
addressed in the Application
Requirements section. Paragraph (b) of
the Project Requirements in the notice
of proposed priority required the model
project to be implemented at multiple
sites and lead to one or more
occupational clusters. However, the
Application Requirements did not
require applicants to identify those
sites, clusters, or their criteria for
selecting them. Also, while Project
Requirements paragraph (c) enumerated
six career pathway components, the
Application Requirements section
lacked any references to those
components. Further, collaboration with
federally funded career pathway
initiatives was cited in paragraph (d) of
the Project Requirements section, but
the Application Requirements section
did not require applicants to list or
describe such collaboration(s).
With regard to employment outcomes,
the proposed priority’s Background
section referenced competitive
integrated employment for individuals
with disabilities, but it did not require
this employment outcome in either the
Project Requirements section or the
Application Requirements section’s
evaluation plan.
Finally, neither the Project
Requirements nor the Application
Requirements of the proposed priority
specified whether grantees are expected
to create new pathways or to access
existing ones.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
Changes: In the final priority, we have
added references to ‘‘VR-eligible
individuals’’ in paragraph (a) of the
Project Requirements section and in
paragraph (c)(4)(v) of the Application
Requirements section.
In paragraph (c)(3) of the Application
Requirements section, the final priority
requires applicants to identify the
project’s proposed sites and targeted
occupational clusters, and their criteria
for selecting such sites and occupational
clusters. We also added references to the
six specified career pathway
components in paragraph (c)(4)(v) of the
Application Requirements section. In
addition, we added the requirement that
applicants describe their proposed
collaboration with federally funded
career pathway partners in Application
Requirements paragraph (c)(4)(iii).
We have added an explicit reference
to competitive integrated employment
in paragraph (a) of the Project
Requirements section. In Application
Requirements paragraph (g), regarding
evaluation plans, we added required
data elements appropriate for measuring
career pathways’ effectiveness in
creating competitive integrated
employment opportunities for VReligible individuals.
In paragraph (a) of the Project
Requirements section we added a
statement clarifying that applicants may
provide access to existing career
pathways, create new ones, or both.
Also, Application Requirements
paragraph (c)(4)(iv) now requires
applicants to describe how they would
provide access to existing career
pathways or create new pathways.
Final 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 this
priority is to establish model
demonstration projects designed to
promote State vocational rehabilitation
(VR) agency partnerships in the
development of and the 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
priority, an applicant must be a State VR
agency. State VR agencies may also
apply as a group, consistent with 34
E:\FR\FM\06AUR1.SGM
06AUR1
mstockstill on DSK4VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations
CFR 75.128, if they serve individuals in
a distinct geographic area shared by two
or more adjacent States. Applications by
a group would be appropriate, for
example, in cases of metropolitan areas,
targeted occupational clusters or related
industries whose employment base
extends beyond a single State.
Project Requirements: Under this
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 VR-eligible
individuals with disabilities, including
youth with disabilities, and help them
attain credentials that lead to
competitive integrated employment in
high-demand occupations. The model
must be implemented at multiple sites
to ensure its replicability, and lead to
one or more occupational clusters (as
defined in this notice). The model
project may involve providing access to
existing career pathways, creating new
pathways, or both;
(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 minimum, the partnership
should include representatives from
local or State educational 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,
other workforce training providers
(including apprenticeship, on-the-job
and customized training 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;
VerDate Sep<11>2014
16:05 Aug 05, 2015
Jkt 235001
(4) Comprehensive support services
that are designed to ensure the
individual’s success in completing
education and training programs:
(i) Financial supports, benefits
planning, child care, physical and
mental health services and
transportation;
(ii) Educational supports (e.g., tutors,
on-campus supports such as writing
labs, math labs, and disability services);
(iii) Self-advocacy training (e.g.,
mentoring, peer relationships,
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; and
(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) Comprehensive career
development counseling and guidance,
including self-exploration, career
exploration and career planning and
management;
(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,
communication, teamwork, networking,
problem solving, critical thinking and
professionalism, 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 on
the effectiveness of the practices and
strategies implemented by the project.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
46801
Application Requirements: To be
considered for funding under this
program, an application must include
the following:
(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;
(3) The model demonstration project’s
proposed sites and targeted
occupational clusters, and the proposed
criteria for selecting such sites and
occupational clusters. State VR agencies
applying as a group must also identify
the shared geographic area and describe
how they will coordinate their project
activities within the shared area.
(4) 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) Collaborate with participating
agencies and organizations, including
career pathway partners;
(iv) Provide access to existing career
pathways, create new pathways, or both,
incorporating the six required career
pathway components: secondary and
postsecondary education and training
aligned with targeted industry sector
needs; rigorous, sequential, connected
and efficient curricula; multiple entry
and exit points; comprehensive support
services; flexible design of education,
training, work settings and assistive
E:\FR\FM\06AUR1.SGM
06AUR1
mstockstill on DSK4VPTVN1PROD with RULES
46802
Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations
technology; and focus on the attainment
of secondary education, recognized
postsecondary credentials, sectorspecific employment, and related
knowledge and skills.
(v) Conduct outreach activities to
identify VR-eligible individuals with
disabilities whom the career pathways
approach could assist in achieving
competitive integrated employment in
the career clusters identified in their
application; and
(vi) 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. In the
case of a group, the application must
also include a signed agreement among
the constituent State VR agencies that
designates the agency legally authorized
to submit the application on behalf of
the group; binds each agency to every
statement, assurance and obligation in
the application; and details the
agencies’ assigned roles and
responsibilities, in accordance with 34
CFR 75.128 and 75.129;
(f) A plan for evaluating the project’s
performance, including an evaluation
on 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) How the outcomes for individuals
with disabilities served by the project
compared with the outcomes of
individuals with disabilities not
receiving project services.
(g) For each career pathway accessed
or created through the project, the
evaluation plan must provide the
following information:
(1) Description of the career
pathway—including the respective
occupational cluster(s) or career field(s),
stackable credentials, and multiple
entry/exit points; and
(2) Collection of the following data, at
minimum:
(i) The relevant RSA–911 Case Service
Report data for each project participant;
(ii) The number of participants who
entered the career pathway;
VerDate Sep<11>2014
16:05 Aug 05, 2015
Jkt 235001
(iii) The number of participants who
completed training in the career
pathway;
(iv) The number of participants who
attained one or more recognized
postsecondary credential and the types
of credentials attained;
(v) The number of participants who
achieved competitive integrated
employment through the project; and
(vi) The corresponding weekly wage
and employer benefits received by these
participants.
(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. This plan 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)).
Definitions
The following definitions are
provided to ensure that applicants have
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
a clear understanding of how we are
using these terms in the priority. There
are no differences between the proposed
definitions and these final definitions.
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
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
E:\FR\FM\06AUR1.SGM
06AUR1
Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
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.
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
VerDate Sep<11>2014
16:05 Aug 05, 2015
Jkt 235001
regulatory action is ‘‘significant’’ and,
therefore, subject to the requirements of
the Executive order and subject to
review by the Office of Management and
Budget (OMB). Section 3(f) of Executive
Order 12866 defines a ‘‘significant
regulatory action’’ as an action likely to
result in a rule that may—
(1) Have an annual effect on the
economy of $100 million or more, or
adversely affect a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities in a material way (also
referred to as an ‘‘economically
significant’’ rule);
(2) Create serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
stated in the Executive order.
This final regulatory action is not a
significant regulatory action subject to
review by OMB under section 3(f) of
Executive Order 12866.
We have also reviewed this final
regulatory action under Executive Order
13563, which supplements and
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
Executive Order 12866. To the extent
permitted by law, Executive Order
13563 requires that an agency—
(1) Propose or adopt regulations only
upon a reasoned determination that
their benefits justify their costs
(recognizing that some benefits and
costs are difficult to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
46803
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 final priority only
on a reasoned determination that its
benefits justify its costs. In choosing
among alternative regulatory
approaches, we selected those
approaches that maximize net benefits.
Based on the analysis that follows, the
Department believes that this regulatory
action is consistent with the principles
in Executive Order 13563.
We also have determined that this
regulatory action does not unduly
interfere with State, local, and tribal
governments in the exercise of their
governmental functions.
In accordance with both Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities. The benefits of
the Demonstration and Training
program have been well established
over the years through the successful
completion of similar projects,
particularly those grants that
demonstrated innovative service
delivery practices. Specifically, this
priority would establish model
demonstrations showing that career
pathways can be used to assist
individuals with disabilities to achieve
competitive integrated employment by
obtaining recognized postsecondary
credentials and thereby by meeting the
needs of employers in high-demand
career clusters. This priority is also
directly responsive to the Presidential
Memorandum to Federal agencies
directing them to take action to address
job-driven training for the Nation’s
workers.
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
E:\FR\FM\06AUR1.SGM
06AUR1
46804
Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Rules and Regulations
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) by
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: July 31, 2015.
Michael K. Yudin,
Assistant Secretary for Special Education and
Rehabilitative Services.
[FR Doc. 2015–19293 Filed 8–5–15; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0105 FRL–9927–41–
Region 7]
Approval and Promulgation of Air
Quality Implementation Plans;
Missouri; Update to Materials
Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
mstockstill on DSK4VPTVN1PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
submitted by Missouri that are
incorporated by reference (IBR) into the
state implementation plan (SIP). EPA is
also notifying the public of the
correction of certain typographical
errors within the IBR table. The
SUMMARY:
VerDate Sep<11>2014
16:05 Aug 05, 2015
Jkt 235001
regulations affected by this update have
been previously submitted by the state
agency and approved by EPA. This
update affects the SIP materials that are
available for public inspection at the
National Archives and Records
Administration (NARA), and the
Regional Office.
DATES: This rule is effective on August
6, 2015.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Environmental
Protection Agency, Region 7, 11201
Renner Boulevard, Lenexa, Kansas
66219; or at https://www.epa.gov/
region07/air/rules/fedapprv.htm; and
the National Archives and Records
Administration. For information on the
availability of this material at NARA,
call (202) 741–6030, or go to:
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT: Jan
Simpson at (913) 551–7089, or by email
at simpson.jan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which
the state revises as necessary to address
its unique air pollution problems.
Therefore, EPA from time to time must
take action on SIP revisions containing
new and/or revised regulations to make
them part of the SIP. On May 22, 1997
(62 FR 27968), EPA revised the
procedures for incorporating by
reference Federally-approved SIPs, as a
result of consultations between EPA and
the Office of Federal Register. The
description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997, Federal Register document.
On June 29, 1999, EPA published a
document in the Federal Register (64
FR 34717) beginning the new IBR
procedure for Missouri. On May 24,
2004 (69 FR 29435), and on October 8,
2009 (74 FR 51783), EPA published
updates to the IBR material for Missouri.
In this document, EPA is publishing
an updated set of tables listing the
regulatory (i.e., IBR) materials in the
Missouri SIP taking into account the
additions, deletions, and revisions to
those materials previously submitted by
the state agency and approved by EPA.
We are removing the EPA Headquarters
Library from paragraph (b)(3), as IBR
materials are no longer available at this
location. In addition, EPA has found
errors in certain entries listed in 40 CFR
52.1320(c) and (e), as amended in the
published IBR update actions listed
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
above, and is correcting them in this
document. Table (c) revisions include:
• Adding the inadvertent omission of
the following explanation to the
explanation column for 10–1.020(1) and
(2): Only sections (1) and (2) are
Federally approved.
• removing rescinded rule 10–2.040
• removing rescinded rule 10–2.150
• moving text from the explanation
column to the EPA approval date
column for 10–2.230, 10–2.290, 10–
2.310, and 10–2.320
• removing outdated text in the
explanation column for 10–2.300
• removing rescinded rule 10–3.060
• removing rescinded rule 10–4.040
• removing rescinded rule 10–4.140
• removing rescinded rule 10–5.030
• removing rescinded rule 10–5.250
• correcting the Federal Register
citation in the EPA approval date
column for 10–5.330
• correcting the Federal Register
citation in the EPA approval date
column and adding text in the
explanation column for 10–5.340
• moving text from the explanation
column to the EPA approval date
column for 10–5.350, 10–5.360, 10–
5.370, and 10–5.410
• correcting the Federal Register
citation in the EPA approval date
column for 10–5.442
• correcting the Federal Register
citation in the EPA approval date
column for 10–6.061
• correcting the state effective date
and removing outdated text in the
explanation column for 10–6.300
• removing outdated text in the
explanation column for 10–6.405
• correcting the chapter title for
Springfield to ‘‘Springfield-Chapter 6Air Pollution Control Standards’’
• removing rescinded articles VII, IX
and XX under Springfield
Table (d) is being revised by:
• removing text in the explanation
column for (8)
• removing text in the explanation
column for (21)
Table (e) is being revised by:
• removing text in the explanation
column for (16)
• adding text in the explanation
column for (11)–(62)
• removing outdated/confusing text
in the explanation column for (43), (44),
(48) and (53).
II. EPA Action
In this action, EPA is doing the
following:
A. Announcing the update to the IBR
material as of December 31, 2014;
B. Revising the entry in § 52.1320(b)
to reflect the update and corrections;
C. Revising certain entries in
§ 52.1320(c), (d), and (e) as described
above;
E:\FR\FM\06AUR1.SGM
06AUR1
Agencies
[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Rules and Regulations]
[Pages 46799-46804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19293]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2015-OSERS-0061]
Final 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: Final priority and definitions.
-----------------------------------------------------------------------
[CFDA Number: 84.235N.]
SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services announces a priority designed to demonstrate
promising practices in the use of career pathways to improve employment
outcomes for individuals with disabilities. Specifically, this priority
will establish model demonstration projects that engage State
vocational rehabilitation (VR) agencies in partnerships with other
entities to develop and use career pathways to help individuals with
disabilities eligible for VR services, including youth with
disabilities, acquire necessary marketable skills and recognized
postsecondary credentials. The Assistant Secretary may use this
priority for competitions in fiscal year (FY) 2015 and later years.
DATES: This priority and these definitions are effective September 8,
2015.
FOR FURTHER INFORMATION CONTACT: Felipe Lulli, U.S. Department of
Education, 400 Maryland Avenue SW., Room 5042, Potomac Center Plaza
(PCP), Washington, DC 20202-2800. Telephone: (202) 245-7425 or by
email: felipe.lulli@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:
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, and
scope, as well as improve the quality of rehabilitation services under
the Rehabilitation Act.
Program Authority: 29 U.S.C. 773(b).
Applicable Program Regulations: 34 CFR part 373.
We published a notice of proposed priority and definitions for this
competition in the Federal Register on May 15, 2015 (80 FR 27874). That
notice contained background information and our reasons for proposing
the particular priority and definitions. There are differences between
the proposed priority and the final priority which are explained in the
Analysis of Comments and Changes section of this notice.
Public Comment: In response to our invitation in the notice of
proposed priority and definitions, two parties submitted comments
relevant to this priority.
Generally, we do not address technical and other minor changes.
Analysis of the Comments and Changes: An analysis of the comments
and of any changes in the priority and definitions since publication of
the notice of proposed priority follows.
Comment: One commenter inquired whether there were any Federal
requirements for the legal or programmatic structure of an eligible
consortium. We also identified a second issue implicit in the
commenter's question, namely, when it is appropriate for VR agencies to
apply as a group.
Discussion: We agree that the reference to ``a consortium of State
VR agencies'' in the Eligible Applicants section of the proposed
priority requires further definition. The Education Department General
Administrative Regulations (EDGAR) at 34 CFR 75.127-129 authorize
eligible entities to apply as a group. According to EDGAR, groups may
take various forms, including consortia, provided that the constituent
members are eligible entities and that the eligible applicants formally
bind themselves to all the application statements and assurances,
describe the activities they plan to conduct, and assume responsibility
for compliance with all relevant Federal requirements. Accordingly, the
final priority incorporates references to these requirements in the
Eligibility and Application Requirements sections.
We also agree that further clarification is needed regarding the
circumstances in which application by a group would be appropriate.
Thus, we have added a requirement that groups must serve a defined
metropolitan area or distinct population that exists across State
lines.
Changes: In the Eligible Applicants section, we updated the final
priority to use the broader term ``group'' instead of ``consortium.''
With regard to the circumstances for group applications, we have
updated the Eligible Applicants section of the final priority to
specify that State VR agencies may apply as a group if they serve
individuals in a distinct geographic area shared by two or more
adjacent States (e.g., metropolitan areas, targeted occupational
clusters or related industries whose employment base extends beyond a
single adjacent State).
Also, in the Application Requirements paragraph (c)(3), we added a
new requirement that State VR agencies applying as a group identify
their shared geographic area and describe how they will coordinate
their project activities within that area. In paragraph (e) of the
Application Requirements section, we stipulate that applications by
groups must include a copy of the members' signed agreement designating
the agency authorized to sign the application on behalf of the group;
binding each agency to every statement, assurance and obligation in the
application; and detailing the agencies' assigned project roles and
responsibilities.
Comment: One commenter stated that the project requirements in the
proposed priority would not ensure that grantees provide individuals
with the kind of career development support they need for success in a
career pathway. The commenter described the comprehensive career
development process in terms of three distinct elements: the
individual's self-exploration of career-related skills, interests, and
values; exploration of potential occupations and career goals aligned
with the individual's skills, interests, and values; and career
planning and management to achieve the individual's chosen employment
and personal goals. The commenter stated that career planning and
management may involve career-specific skills, job search skills, and
soft skills involving communication,
[[Page 46800]]
teamwork, networking, problem solving, critical thinking, and
professionalism.
In the commenter's view, the Project Requirements section of the
proposed priority was inadequate because it did not require grantees to
engage individuals in a comprehensive career development process. To
correct this, the commenter recommended changes in the Project
Requirements section to incorporate the three aspects of the
comprehensive career development process, particularly in paragraphs
(c)(6)(i) and (c)(6)(iv).
The same commenter made additional recommendations in support of
job readiness. Specifically, the commenter proposed inserting
additional examples of comprehensive support services, self-advocacy,
and soft-skills in Project Requirements paragraphs (c)(4)(i),
(c)(4)(iii), and (c)(6)(iv), respectively, as well as the addition of a
new requirement regarding ``supportive relationships with family
members, mentors, role models, and other caring adults.''
Discussion: We agree with the commenter's three-part description of
a systematic comprehensive career development process. We also agree
that the phrase used in the proposed priority--``career counseling,
career exploration and career readiness skills''--does not fully
reflect such a process. It does not, for example, capture the self-
exploration or career planning and management components of the
process. Accordingly, the final priority incorporates a number of
changes to improve the quality of the program's career development
activities, consistent with the commenter's three-part description of a
comprehensive career development process.
We also agree that the proposed priority omitted some important
elements of comprehensive support services, self-advocacy, and soft-
skills requirements, including fostering supportive relationships. The
final priority therefore expands the comprehensive support services,
self-advocacy training, and soft skills services to be provided,
together with peer support and mentoring.
On the other hand, we do not believe that a new requirement
regarding supportive relationships with family members is necessary,
because the proposed priority's Application Requirements paragraph
(c)(3)(vi) already requires ``strategies for involving families.''
Changes: We have revised the final priority to include several
changes to the Project Requirements section. Paragraph (c)(6)(i) has
been revised to more fully reflect the nature and scope of the
program's required career development services. In addition, paragraph
(c)(4)(i) now incorporates benefits planning and physical and mental
health services among the comprehensive support services. Further, we
revised paragraph (c)(4)(iii) to incorporate mentoring and peer
relationships as components of self-advocacy training. Finally, we
revised paragraph (c)(6)(iv) to add communication, teamwork,
networking, problem solving, critical thinking and professionalism as
soft skills.
Comment: None.
Discussion: We identified several instances in which a particular
requirement was cited in one part of the proposed priority but omitted
in another place where it should have been cited.
The proposed priority's program description, for example, indicated
that career pathway services are intended for individuals with
disabilities who meet State VR eligibility requirements. However, this
eligibility requirement was not reflected in the Project Requirements
or Application Requirements sections of the proposed priority.
Also, certain requirements in the Project Requirements section were
not addressed in the Application Requirements section. Paragraph (b) of
the Project Requirements in the notice of proposed priority required
the model project to be implemented at multiple sites and lead to one
or more occupational clusters. However, the Application Requirements
did not require applicants to identify those sites, clusters, or their
criteria for selecting them. Also, while Project Requirements paragraph
(c) enumerated six career pathway components, the Application
Requirements section lacked any references to those components.
Further, collaboration with federally funded career pathway initiatives
was cited in paragraph (d) of the Project Requirements section, but the
Application Requirements section did not require applicants to list or
describe such collaboration(s).
With regard to employment outcomes, the proposed priority's
Background section referenced competitive integrated employment for
individuals with disabilities, but it did not require this employment
outcome in either the Project Requirements section or the Application
Requirements section's evaluation plan.
Finally, neither the Project Requirements nor the Application
Requirements of the proposed priority specified whether grantees are
expected to create new pathways or to access existing ones.
Changes: In the final priority, we have added references to ``VR-
eligible individuals'' in paragraph (a) of the Project Requirements
section and in paragraph (c)(4)(v) of the Application Requirements
section.
In paragraph (c)(3) of the Application Requirements section, the
final priority requires applicants to identify the project's proposed
sites and targeted occupational clusters, and their criteria for
selecting such sites and occupational clusters. We also added
references to the six specified career pathway components in paragraph
(c)(4)(v) of the Application Requirements section. In addition, we
added the requirement that applicants describe their proposed
collaboration with federally funded career pathway partners in
Application Requirements paragraph (c)(4)(iii).
We have added an explicit reference to competitive integrated
employment in paragraph (a) of the Project Requirements section. In
Application Requirements paragraph (g), regarding evaluation plans, we
added required data elements appropriate for measuring career pathways'
effectiveness in creating competitive integrated employment
opportunities for VR-eligible individuals.
In paragraph (a) of the Project Requirements section we added a
statement clarifying that applicants may provide access to existing
career pathways, create new ones, or both. Also, Application
Requirements paragraph (c)(4)(iv) now requires applicants to describe
how they would provide access to existing career pathways or create new
pathways.
Final 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 this priority
is to establish model demonstration projects designed to promote State
vocational rehabilitation (VR) agency partnerships in the development
of and the 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 priority, an applicant must be a
State VR agency. State VR agencies may also apply as a group,
consistent with 34
[[Page 46801]]
CFR 75.128, if they serve individuals in a distinct geographic area
shared by two or more adjacent States. Applications by a group would be
appropriate, for example, in cases of metropolitan areas, targeted
occupational clusters or related industries whose employment base
extends beyond a single State.
Project Requirements: Under this 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 VR-eligible individuals with
disabilities, including youth with disabilities, and help them attain
credentials that lead to competitive integrated employment in high-
demand occupations. The model must be implemented at multiple sites to
ensure its replicability, and lead to one or more occupational clusters
(as defined in this notice). The model project may involve providing
access to existing career pathways, creating new pathways, or both;
(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 minimum, the partnership should include
representatives from local or State educational 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, other workforce training providers (including
apprenticeship, on-the-job and customized training 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, benefits planning, child care, physical and
mental health services and transportation;
(ii) Educational supports (e.g., tutors, on-campus supports such as
writing labs, math labs, and disability services);
(iii) Self-advocacy training (e.g., mentoring, peer relationships,
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; and
(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) Comprehensive career development counseling and guidance,
including self-exploration, career exploration and career planning and
management;
(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, communication, teamwork,
networking, problem solving, critical thinking and professionalism,
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 on
the effectiveness of the practices and strategies implemented by the
project.
Application Requirements: To be considered for funding under this
program, an application must include the following:
(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;
(3) The model demonstration project's proposed sites and targeted
occupational clusters, and the proposed criteria for selecting such
sites and occupational clusters. State VR agencies applying as a group
must also identify the shared geographic area and describe how they
will coordinate their project activities within the shared area.
(4) 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) Collaborate with participating agencies and organizations,
including career pathway partners;
(iv) Provide access to existing career pathways, create new
pathways, or both, incorporating the six required career pathway
components: secondary and postsecondary education and training aligned
with targeted industry sector needs; rigorous, sequential, connected
and efficient curricula; multiple entry and exit points; comprehensive
support services; flexible design of education, training, work settings
and assistive
[[Page 46802]]
technology; and focus on the attainment of secondary education,
recognized postsecondary credentials, sector-specific employment, and
related knowledge and skills.
(v) Conduct outreach activities to identify VR-eligible individuals
with disabilities whom the career pathways approach could assist in
achieving competitive integrated employment in the career clusters
identified in their application; and
(vi) 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. In the case of a group,
the application must also include a signed agreement among the
constituent State VR agencies that designates the agency legally
authorized to submit the application on behalf of the group; binds each
agency to every statement, assurance and obligation in the application;
and details the agencies' assigned roles and responsibilities, in
accordance with 34 CFR 75.128 and 75.129;
(f) A plan for evaluating the project's performance, including an
evaluation on 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) How the outcomes for individuals with disabilities served by
the project compared with the outcomes of individuals with disabilities
not receiving project services.
(g) For each career pathway accessed or created through the
project, the evaluation plan must provide the following information:
(1) Description of the career pathway--including the respective
occupational cluster(s) or career field(s), stackable credentials, and
multiple entry/exit points; and
(2) Collection of the following data, at minimum:
(i) The relevant RSA-911 Case Service Report data for each project
participant;
(ii) The number of participants who entered the career pathway;
(iii) The number of participants who completed training in the
career pathway;
(iv) The number of participants who attained one or more recognized
postsecondary credential and the types of credentials attained;
(v) The number of participants who achieved competitive integrated
employment through the project; and
(vi) The corresponding weekly wage and employer benefits received
by these participants.
(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. This plan 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)).
Definitions
The following definitions are provided to ensure that applicants
have a clear understanding of how we are using these terms in the
priority. There are no differences between the proposed definitions and
these final definitions.
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
[[Page 46803]]
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.
This notice does not preclude us from proposing additional
priorities, requirements, definitions, or selection criteria, subject
to meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use this priority, we invite applications through
a notice in the Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Secretary must determine whether
this regulatory action is ``significant'' and, therefore, subject to
the requirements of the Executive order and subject to review by the
Office of Management and Budget (OMB). Section 3(f) of Executive Order
12866 defines a ``significant regulatory action'' as an action likely
to result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local, or
tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This final regulatory action is not a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866.
We have also reviewed this final regulatory action under Executive
Order 13563, which supplements and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866. To the extent permitted by law, Executive Order
13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing this final priority only on a reasoned determination
that its benefits justify its costs. In choosing among alternative
regulatory approaches, we selected those approaches that maximize net
benefits. Based on the analysis that follows, the Department believes
that this regulatory action is consistent with the principles in
Executive Order 13563.
We also have determined that this regulatory action does not unduly
interfere with State, local, and tribal governments in the exercise of
their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
The benefits of the Demonstration and Training program have been well
established over the years through the successful completion of similar
projects, particularly those grants that demonstrated innovative
service delivery practices. Specifically, this priority would establish
model demonstrations showing that career pathways can be used to assist
individuals with disabilities to achieve competitive integrated
employment by obtaining recognized postsecondary credentials and
thereby by meeting the needs of employers in high-demand career
clusters. This priority is also directly responsive to the Presidential
Memorandum to Federal agencies directing them to take action to address
job-driven training for the Nation's workers.
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
[[Page 46804]]
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) by 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: July 31, 2015.
Michael K. Yudin,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2015-19293 Filed 8-5-15; 8:45 am]
BILLING CODE 4000-01-P