Final Priority. Rehabilitation Training: Vocational Rehabilitation Workforce Innovation Technical Assistance Center, 48443-48449 [2015-20011]
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Federal Register / Vol. 80, No. 156 / Thursday, August 13, 2015 / Rules and Regulations
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
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because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone and,
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0717 to read as
follows:
■
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48443
§ 165.T09–0717 Safety Zone; Carly’s
Crossing; Outer Harbor, Gallagher Beach,
Buffalo, NY.
(a) Location. This zone will
encompass a portion of the waters of the
Outer Harbor, Gallagher Beach, Buffalo,
NY starting at position 42°50′38.92″ N.,
78°51′40.37″ W.; then West to
42°50′25.33″ N., 78°52′12.05″ W.; then
East to 42°50′26.69″ N., 78°51′34.97″ W.;
then North returning to the point of
origin to form a triangle (NAD 83).
(b) Enforcement period. This
regulation will be enforced on August
16, 2015 from 6:45 a.m. until 2:15 p.m.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: July 28, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2015–19987 Filed 8–12–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED–2015–OSERS–0069; CFDA
Number: 84.264G.]
Final Priority. Rehabilitation Training:
Vocational Rehabilitation Workforce
Innovation Technical Assistance
Center
Office of Special Education and
Rehabilitative Services, Department of
Education.
AGENCY:
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ACTION:
Federal Register / Vol. 80, No. 156 / Thursday, August 13, 2015 / Rules and Regulations
Final priority.
The Assistant Secretary for
Special Education and Rehabilitative
Services announces a priority under the
Rehabilitation Training program. The
Assistant Secretary may use this priority
for competitions in fiscal year 2015 and
later years. We take this action to
provide training and technical
assistance to State vocational
rehabilitation agencies to improve
services under the State Vocational
Rehabilitation Services 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: This priority is effective
September 14, 2015.
FOR FURTHER INFORMATION CONTACT: Jerry
Elliott, U.S. Department of Education,
400 Maryland Avenue SW., Room 5021,
Potomac Center Plaza (PCP),
Washington, DC 20202–2800.
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.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
Purpose of Program: Under the
Rehabilitation Act of 1973
(Rehabilitation Act), as amended by the
Workforce Innovation and Opportunity
Act, 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 technical assistance
(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).
Applicable Program Regulations: 34
CFR part 385.
We published a notice of proposed
priority for this competition in the
Federal Register on June 17, 2015 (80
FR 34579). That notice contained
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background information and our reasons
for proposing the particular priority.
Except for minor revisions, there are no
differences between the proposed
priority and this final priority.
Public Comment: In response to our
invitation in the notice of proposed
priority, eight parties submitted
comments on the proposed priority.
Generally, we do not address technical
and other minor changes, or suggested
changes the law does not authorize us
to make under the applicable statutory
authority. In addition, we do not
address general comments that raised
concerns not directly related to the
proposed priorities.
Analysis of Comments and Changes:
An analysis of the comments follows.
Comment: Most of the commenters
recommended that we modify the
priority to establish two centers—one
center providing assistance to
designated State vocational
rehabilitation (VR) agencies serving
individuals who are blind or visually
impaired and a second center to provide
assistance to designated State VR
agencies that serve all other individuals
with disabilities. In the alternative,
these commenters recommended that if
the Office of Special Education and
Rehabilitative Services (OSERS) decides
to fund only one center, the final
priority should earmark funds and
require, directly or through contract or
other arrangement, qualified TA staff to
address the unique needs of
professionals serving individuals with
blindness.
The commenters stated that these
recommendations are consistent with
section 101(a)(2)(A) of the
Rehabilitation Act, which authorizes
States to designate a State agency to
provide VR services to individuals who
are blind or visually impaired, as well
as a designated State agency to provide
VR services to all other individuals with
disabilities. If a second center were
established to serve individuals who are
blind or visually impaired, such action
would recognize that these agencies and
the clientele they serve deserve the
same quality, level, and intensity of TA
provided to designated State agencies
that serve all other individuals with
disabilities.
Discussion: RSA recognizes that the
Rehabilitation Act authorizes a State to
designate a separate VR agency to serve
individuals who are blind or visually
impaired, and agrees that these agencies
deserve the same quality, level, and
intensity of TA provided to State
agencies that serve all other individuals
with disabilities.
However, we believe the priority as
written provides TA of the same quality,
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level, and intensity to all State VR
agencies, regardless of type. All 80 State
VR agencies (including the 24 separate
State VR agencies for individuals who
are blind or visually impaired) will be
able to receive universal, general TA, as
well as targeted, specialized TA for the
five topic areas of responsibility
outlined for the Workforce Innovation
Technical Assistance Center (WITAC).
Likewise, all 80 agencies may apply for
intensive TA for the five topic areas of
responsibility outlined for the WITAC.
Intensive TA is intended to be
individualized to the needs of the
requesting State VR agency and driven
by an agreement between the State VR
agency requesting the intensive TA and
the WITAC.
In general, the five topic areas pertain
to new requirements of WIOA, which
apply to all States and to all State VR
agencies, and thus do not necessitate
separate TA centers for agencies serving
individuals who are blind or visually
impaired. While implementation
strategies and responsibilities of State
VR agencies in States where two State
VR agencies exist may differ somewhat
depending on their negotiated
responsibilities within the State, these
differences can be addressed through
the negotiated intensive TA agreement.
Additionally, we decline to set aside
a portion of the funds for TA to the State
VR agencies for individuals who are
blind or visually impaired. As outlined
above, we believe that all TA provided
by the WITAC will be beneficial to State
VR agencies regardless of the population
that they serve, and a set-aside may
result in an inefficient allocation of
funds.
Changes: None.
Comment: One commenter stated that
the WITAC appears to cover an
extremely broad spectrum of issues,
such as: Pre-employment transition
services, compliance with section 511 of
the Rehabilitation Act, competitive
integrated employment strategies,
integration into the State workforce
development system, and transition to
new performance accountability
measures. The commenter was
concerned about the degree to which the
center will be able to provide
meaningful guidance and assistance
across such a wide range of topics to VR
agencies nationwide, as well as about
how this will mesh with the efforts of
the Job Driven Vocational Rehabilitation
Technical Assistance Center (JDVRTAC)
and other planned instruments for
assistance.
Discussion: We agree that the WITAC
covers a broad spectrum of topics, but
we believe that this will not be an
obstacle to effective TA or produce
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unnecessary duplication with the work
of the JDVRTAC. Rather, the common
thread among the TA topics is that they
all address changes required by WIOA.
Further, because some topic areas are
interrelated in pursuit of WIOA goals,
we believe that it is reasonable for the
WITAC to provide TA in each of these
topic areas. The applicant will be
required to describe how the center will
be staffed and will provide the expertise
to address all of the five topic areas in
this priority. Finally, the WITAC and
the JDVRTAC are cooperative
agreements, which allow for oversight,
coordination, and direction of project
activities by RSA through the terms of
the cooperative agreements. In sum, we
believe that the benefits of having these
WIOA-related TA topics housed
together in a single center outweigh any
disadvantages.
Changes: None.
Comment: One commenter noted that,
as with the JVRDTAC, it would appear
that TA classified as ‘‘intensive’’ would
be available to a relatively small number
of agencies nationally (approximately
23). The commenter suggested that
criteria for selection of these sites be
included in the scope of the WITAC.
Discussion: We disagree. The intent is
to allow State VR agencies to request TA
tailored to meet their individual needs
(within the content of one or more of the
five topic areas). We therefore do not
want to create in the priority a rigid,
one-size-fits-all set of criteria for all
requests.
Further, as to the appropriate
distribution of TA, the applicant will be
required to describe its plan for
recruiting and selecting State VR
agencies as part of the application. After
the grant is awarded, RSA will modify
the required number of agencies to
receive intensive TA, if needed, through
the cooperative agreement.
Changes: None.
Comment: One commenter stated that
the type of assistance to be provided
under topic area (d) (integration of the
State VR program into the workforce
development system) and under topic
area (e) (transition to new common
performance accountability system and
its required data elements) is unclear,
and the commenter recommended that
this assistance be consistent with the
guidance and TA that the U.S.
Departments of Labor (DOL) and
Education, as well other WIOA core
partners, provide to their own State
entities. The commenter also
recommended that assistance in
developing contractual agreements for
WIOA partnerships be included.
Discussion: We recognize that some of
the topic areas may seem broad in their
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wording. However, this is intentional.
Given the range of issues that we expect
State VR agencies may experience as
they begin to implement WIOA, we
believe it is important to provide the
WITAC with broader areas of focus, so
that the center can effectively respond
to the needs of the field.
We also agree that the TA provided by
the WITAC needs to be consistent with
the guidance and TA provided by RSA,
DOL, and other WIOA core partners. As
such, collaboration and coordination
with other partners and TA efforts is
required in the priority and will be
ensured through mechanisms described
in the cooperative agreement. The
WITAC is also charged with gathering
guidance and TA materials from these
sources, and the WITAC may provide
TA jointly with partners or partner TA
centers as WIOA implementation efforts
move forward.
As part of the TA to be provided in
the ‘‘integration of the State VR program
into the workforce development
system’’ topic area, the WITAC can
provide assistance to States in
developing contractual agreements for
WIOA partnerships. The applicant will
have to describe how it will collect and
disseminate contracts, related policies,
and other information about State VR
agency efforts with regard to
implementation of WIOA’s
requirements as part of the knowledge
development requirements in the
priority.
Changes: None.
Comment: One commenter stated that
specific guidance and TA on reporting
requirements for both fiscal and
programmatic changes (particularly preemployment transition services),
changes to the Case Service Report
(RSA–911) data reporting, and data
sharing with other WIOA core partners
are essential to optimal implementation
of WIOA. In addition, the commenter
recommended that this guidance be
provided as quickly and specifically as
possible to allow States to restructure
and implement the new requirements
for data collection and service delivery.
Discussion: We agree that specific
guidance for reporting requirements,
including RSA–911 reporting changes
and data sharing with other WIOA core
partners, is essential to the
implementation of WIOA. We also agree
that guidance in these areas is needed
as soon as possible.
However, it is not the responsibility of
the WITAC to develop the guidance on
these issues. That responsibility lies
with the Federal agencies. The WITAC,
on the other hand, will assist State VR
agencies in implementing these new
requirements as soon as practicable after
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48445
the guidance is available. The WITAC
will also provide TA to State VR
agencies on how to use performance
results to improve agency performance.
Changes: None.
Comment: One commenter asked how
much guidance will be provided in
development of Unified or Combined
State Plans and how the timing of this
assistance will mesh with the
established deadline of March 2016 for
Unified or Combined State Plan
submissions. The commenter also asked
if there will be a separate TA
mechanism for this aspect of WIOA
implementation.
Discussion: TA on these topics can be
conducted through the WITAC as part of
the activities related to the integration of
the VR program into the workforce
development system. Even though this
is an area of major change, the content
of the Unified or Combined State Plans
is related to the implementation
activities of many parts of WIOA. At
this time, RSA is not planning any
further investments under this program
for TA on Unified or Combined State
Plans.
We recognize that States are required
to submit their Unified or Combined
State Plans by March 2016. However,
given the expected award date of this
cooperative agreement, and the time
that the WITAC will need to set up and
onboard the necessary staff, we do not
think it is reasonable to expect the
WITAC to be able to provide intensive
TA to a large number of States prior to
the March 2016 submission deadline.
However, RSA is committed to ensuring
that States have the resources that they
need to complete these plans, and will
work with the WITAC to prioritize TA
resources as needed when the award is
made.
Changes: None.
Comment: One commenter
recommended establishment of a
WITAC after State VR agencies and
others have had a reasonable time to
digest WIOA and the final regulations so
as to have a clear idea of the TA that
would be needed. The commenter
recommended delaying implementation
of a WITAC until 2016.
Discussion: We disagree that
implementation of the WITAC should
be postponed until 2016. Based on
RSA’s experience, it will take a new TA
center about one year to gather and
develop information on existing and
emerging practices that could relate to
the implementation of WIOA in the five
topic areas assigned to the WITAC.
Regulations will be final during that
time. Additionally, given the likely
award date, we do not expect any
intensive TA agreements to begin until
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2016, and to have the center start from
scratch in 2016 would likely delay the
implementation of intensive TA
agreements until 2017.
Changes: None.
Comment: One commenter stated that,
while the list of specific TA topic areas
is a good list, there ought to be
flexibility for State VR agencies and the
WITAC to deviate from the stated TA
topic areas if they find themselves in
need of WIOA TA on other topics.
Discussion: We believe that the list of
WIOA topic areas is sufficiently broad
to encompass TA on WIOA
requirements, except for those
requirements relating to employer
engagement, services to employers, and
knowledge of the 21st century
workforce. These aspects of WIOA are
primarily the purview of the JDVRTAC,
with which the WITAC will be required
to coordinate through the cooperative
agreements of both centers.
Taking the WITAC and the JDVRTAC
together, we believe that TA needs
emerging from WIOA implementation
can be subsumed under one or more
topic areas of these centers.
Changes: None.
Comment: One commenter suggested
that, in order to avoid duplication and
stretching of resources, the WITAC
should look to existing effective
communities of practice that could meet
identified TA needs in various areas
before establishing a new one.
Discussion: We agree that avoiding
duplication and prudent use of
resources is important, and nothing in
the current priority prohibits the use of
existing communities of practice.
Indeed, cross-posting materials on
multiple, disparate communities of
practice could be a useful tool for
expanding the reach of the WITAC.
However, we also believe a dedicated
forum relating to the work of the WITAC
will be a valuable resource for State VR
staff and may help to bring together staff
who would otherwise not collaborate on
independent communities of practice.
Changes: None.
Final Priority:
The purpose of this priority is to fund
a cooperative agreement to establish a
Vocational Rehabilitation Workforce
Innovation Technical Assistance Center
(WITAC). The focus of this priority is to
provide training and technical
assistance (TA) to State vocational
rehabilitation (VR) agencies on the new
statutory requirements imposed by
WIOA.
The WITAC is designed to achieve, at
a minimum, the following outcomes:
(a) Implementation of effective and
efficient ‘‘pre-employment transition
services’’ for students with disabilities,
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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 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:
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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
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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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;
(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
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
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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.
(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
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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48447
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
requirements in this priority. RSA
encourages innovative approaches to
meet these requirements, which are to:
(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,
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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;
(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
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(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;
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(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
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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)).
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
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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
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(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.
Through this priority, State VR
agencies will receive TA to improve the
quality of VR services and the
competitive integrated employment
outcomes achieved by individuals with
disabilities, which ultimately will
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48449
increase the percentage of individuals
with disabilities who receive services
through the State VR agencies who
achieve competitive integrated
employment outcomes. This 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: August 7, 2015.
Michael K. Yudin,
Assistant Secretary for Special Education and
Rehabilitative Services.
[FR Doc. 2015–20011 Filed 8–12–15; 8:45 am]
BILLING CODE 4000–01–P
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Agencies
[Federal Register Volume 80, Number 156 (Thursday, August 13, 2015)]
[Rules and Regulations]
[Pages 48443-48449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20011]
=======================================================================
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2015-OSERS-0069; CFDA Number: 84.264G.]
Final Priority. Rehabilitation Training: Vocational
Rehabilitation Workforce Innovation Technical Assistance Center
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
[[Page 48444]]
ACTION: Final priority.
-----------------------------------------------------------------------
SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services announces a priority under the Rehabilitation
Training program. The Assistant Secretary may use this priority for
competitions in fiscal year 2015 and later years. We take this action
to provide training and technical assistance to State vocational
rehabilitation agencies to improve services under the State Vocational
Rehabilitation Services 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: This priority is effective September 14, 2015.
FOR FURTHER INFORMATION CONTACT: Jerry Elliott, U.S. Department of
Education, 400 Maryland Avenue SW., Room 5021, Potomac Center Plaza
(PCP), Washington, DC 20202-2800. 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:
Purpose of Program: Under the Rehabilitation Act of 1973
(Rehabilitation Act), as amended by the Workforce Innovation and
Opportunity Act, 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 technical assistance (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).
Applicable Program Regulations: 34 CFR part 385.
We published a notice of proposed priority for this competition in
the Federal Register on June 17, 2015 (80 FR 34579). That notice
contained background information and our reasons for proposing the
particular priority. Except for minor revisions, there are no
differences between the proposed priority and this final priority.
Public Comment: In response to our invitation in the notice of
proposed priority, eight parties submitted comments on the proposed
priority. Generally, we do not address technical and other minor
changes, or suggested changes the law does not authorize us to make
under the applicable statutory authority. In addition, we do not
address general comments that raised concerns not directly related to
the proposed priorities.
Analysis of Comments and Changes: An analysis of the comments
follows.
Comment: Most of the commenters recommended that we modify the
priority to establish two centers--one center providing assistance to
designated State vocational rehabilitation (VR) agencies serving
individuals who are blind or visually impaired and a second center to
provide assistance to designated State VR agencies that serve all other
individuals with disabilities. In the alternative, these commenters
recommended that if the Office of Special Education and Rehabilitative
Services (OSERS) decides to fund only one center, the final priority
should earmark funds and require, directly or through contract or other
arrangement, qualified TA staff to address the unique needs of
professionals serving individuals with blindness.
The commenters stated that these recommendations are consistent
with section 101(a)(2)(A) of the Rehabilitation Act, which authorizes
States to designate a State agency to provide VR services to
individuals who are blind or visually impaired, as well as a designated
State agency to provide VR services to all other individuals with
disabilities. If a second center were established to serve individuals
who are blind or visually impaired, such action would recognize that
these agencies and the clientele they serve deserve the same quality,
level, and intensity of TA provided to designated State agencies that
serve all other individuals with disabilities.
Discussion: RSA recognizes that the Rehabilitation Act authorizes a
State to designate a separate VR agency to serve individuals who are
blind or visually impaired, and agrees that these agencies deserve the
same quality, level, and intensity of TA provided to State agencies
that serve all other individuals with disabilities.
However, we believe the priority as written provides TA of the same
quality, level, and intensity to all State VR agencies, regardless of
type. All 80 State VR agencies (including the 24 separate State VR
agencies for individuals who are blind or visually impaired) will be
able to receive universal, general TA, as well as targeted, specialized
TA for the five topic areas of responsibility outlined for the
Workforce Innovation Technical Assistance Center (WITAC). Likewise, all
80 agencies may apply for intensive TA for the five topic areas of
responsibility outlined for the WITAC. Intensive TA is intended to be
individualized to the needs of the requesting State VR agency and
driven by an agreement between the State VR agency requesting the
intensive TA and the WITAC.
In general, the five topic areas pertain to new requirements of
WIOA, which apply to all States and to all State VR agencies, and thus
do not necessitate separate TA centers for agencies serving individuals
who are blind or visually impaired. While implementation strategies and
responsibilities of State VR agencies in States where two State VR
agencies exist may differ somewhat depending on their negotiated
responsibilities within the State, these differences can be addressed
through the negotiated intensive TA agreement.
Additionally, we decline to set aside a portion of the funds for TA
to the State VR agencies for individuals who are blind or visually
impaired. As outlined above, we believe that all TA provided by the
WITAC will be beneficial to State VR agencies regardless of the
population that they serve, and a set-aside may result in an
inefficient allocation of funds.
Changes: None.
Comment: One commenter stated that the WITAC appears to cover an
extremely broad spectrum of issues, such as: Pre-employment transition
services, compliance with section 511 of the Rehabilitation Act,
competitive integrated employment strategies, integration into the
State workforce development system, and transition to new performance
accountability measures. The commenter was concerned about the degree
to which the center will be able to provide meaningful guidance and
assistance across such a wide range of topics to VR agencies
nationwide, as well as about how this will mesh with the efforts of the
Job Driven Vocational Rehabilitation Technical Assistance Center
(JDVRTAC) and other planned instruments for assistance.
Discussion: We agree that the WITAC covers a broad spectrum of
topics, but we believe that this will not be an obstacle to effective
TA or produce
[[Page 48445]]
unnecessary duplication with the work of the JDVRTAC. Rather, the
common thread among the TA topics is that they all address changes
required by WIOA. Further, because some topic areas are interrelated in
pursuit of WIOA goals, we believe that it is reasonable for the WITAC
to provide TA in each of these topic areas. The applicant will be
required to describe how the center will be staffed and will provide
the expertise to address all of the five topic areas in this priority.
Finally, the WITAC and the JDVRTAC are cooperative agreements, which
allow for oversight, coordination, and direction of project activities
by RSA through the terms of the cooperative agreements. In sum, we
believe that the benefits of having these WIOA-related TA topics housed
together in a single center outweigh any disadvantages.
Changes: None.
Comment: One commenter noted that, as with the JVRDTAC, it would
appear that TA classified as ``intensive'' would be available to a
relatively small number of agencies nationally (approximately 23). The
commenter suggested that criteria for selection of these sites be
included in the scope of the WITAC.
Discussion: We disagree. The intent is to allow State VR agencies
to request TA tailored to meet their individual needs (within the
content of one or more of the five topic areas). We therefore do not
want to create in the priority a rigid, one-size-fits-all set of
criteria for all requests.
Further, as to the appropriate distribution of TA, the applicant
will be required to describe its plan for recruiting and selecting
State VR agencies as part of the application. After the grant is
awarded, RSA will modify the required number of agencies to receive
intensive TA, if needed, through the cooperative agreement.
Changes: None.
Comment: One commenter stated that the type of assistance to be
provided under topic area (d) (integration of the State VR program into
the workforce development system) and under topic area (e) (transition
to new common performance accountability system and its required data
elements) is unclear, and the commenter recommended that this
assistance be consistent with the guidance and TA that the U.S.
Departments of Labor (DOL) and Education, as well other WIOA core
partners, provide to their own State entities. The commenter also
recommended that assistance in developing contractual agreements for
WIOA partnerships be included.
Discussion: We recognize that some of the topic areas may seem
broad in their wording. However, this is intentional. Given the range
of issues that we expect State VR agencies may experience as they begin
to implement WIOA, we believe it is important to provide the WITAC with
broader areas of focus, so that the center can effectively respond to
the needs of the field.
We also agree that the TA provided by the WITAC needs to be
consistent with the guidance and TA provided by RSA, DOL, and other
WIOA core partners. As such, collaboration and coordination with other
partners and TA efforts is required in the priority and will be ensured
through mechanisms described in the cooperative agreement. The WITAC is
also charged with gathering guidance and TA materials from these
sources, and the WITAC may provide TA jointly with partners or partner
TA centers as WIOA implementation efforts move forward.
As part of the TA to be provided in the ``integration of the State
VR program into the workforce development system'' topic area, the
WITAC can provide assistance to States in developing contractual
agreements for WIOA partnerships. The applicant will have to describe
how it will collect and disseminate contracts, related policies, and
other information about State VR agency efforts with regard to
implementation of WIOA's requirements as part of the knowledge
development requirements in the priority.
Changes: None.
Comment: One commenter stated that specific guidance and TA on
reporting requirements for both fiscal and programmatic changes
(particularly pre-employment transition services), changes to the Case
Service Report (RSA-911) data reporting, and data sharing with other
WIOA core partners are essential to optimal implementation of WIOA. In
addition, the commenter recommended that this guidance be provided as
quickly and specifically as possible to allow States to restructure and
implement the new requirements for data collection and service
delivery.
Discussion: We agree that specific guidance for reporting
requirements, including RSA-911 reporting changes and data sharing with
other WIOA core partners, is essential to the implementation of WIOA.
We also agree that guidance in these areas is needed as soon as
possible.
However, it is not the responsibility of the WITAC to develop the
guidance on these issues. That responsibility lies with the Federal
agencies. The WITAC, on the other hand, will assist State VR agencies
in implementing these new requirements as soon as practicable after the
guidance is available. The WITAC will also provide TA to State VR
agencies on how to use performance results to improve agency
performance.
Changes: None.
Comment: One commenter asked how much guidance will be provided in
development of Unified or Combined State Plans and how the timing of
this assistance will mesh with the established deadline of March 2016
for Unified or Combined State Plan submissions. The commenter also
asked if there will be a separate TA mechanism for this aspect of WIOA
implementation.
Discussion: TA on these topics can be conducted through the WITAC
as part of the activities related to the integration of the VR program
into the workforce development system. Even though this is an area of
major change, the content of the Unified or Combined State Plans is
related to the implementation activities of many parts of WIOA. At this
time, RSA is not planning any further investments under this program
for TA on Unified or Combined State Plans.
We recognize that States are required to submit their Unified or
Combined State Plans by March 2016. However, given the expected award
date of this cooperative agreement, and the time that the WITAC will
need to set up and onboard the necessary staff, we do not think it is
reasonable to expect the WITAC to be able to provide intensive TA to a
large number of States prior to the March 2016 submission deadline.
However, RSA is committed to ensuring that States have the resources
that they need to complete these plans, and will work with the WITAC to
prioritize TA resources as needed when the award is made.
Changes: None.
Comment: One commenter recommended establishment of a WITAC after
State VR agencies and others have had a reasonable time to digest WIOA
and the final regulations so as to have a clear idea of the TA that
would be needed. The commenter recommended delaying implementation of a
WITAC until 2016.
Discussion: We disagree that implementation of the WITAC should be
postponed until 2016. Based on RSA's experience, it will take a new TA
center about one year to gather and develop information on existing and
emerging practices that could relate to the implementation of WIOA in
the five topic areas assigned to the WITAC. Regulations will be final
during that time. Additionally, given the likely award date, we do not
expect any intensive TA agreements to begin until
[[Page 48446]]
2016, and to have the center start from scratch in 2016 would likely
delay the implementation of intensive TA agreements until 2017.
Changes: None.
Comment: One commenter stated that, while the list of specific TA
topic areas is a good list, there ought to be flexibility for State VR
agencies and the WITAC to deviate from the stated TA topic areas if
they find themselves in need of WIOA TA on other topics.
Discussion: We believe that the list of WIOA topic areas is
sufficiently broad to encompass TA on WIOA requirements, except for
those requirements relating to employer engagement, services to
employers, and knowledge of the 21st century workforce. These aspects
of WIOA are primarily the purview of the JDVRTAC, with which the WITAC
will be required to coordinate through the cooperative agreements of
both centers.
Taking the WITAC and the JDVRTAC together, we believe that TA needs
emerging from WIOA implementation can be subsumed under one or more
topic areas of these centers.
Changes: None.
Comment: One commenter suggested that, in order to avoid
duplication and stretching of resources, the WITAC should look to
existing effective communities of practice that could meet identified
TA needs in various areas before establishing a new one.
Discussion: We agree that avoiding duplication and prudent use of
resources is important, and nothing in the current priority prohibits
the use of existing communities of practice. Indeed, cross-posting
materials on multiple, disparate communities of practice could be a
useful tool for expanding the reach of the WITAC. However, we also
believe a dedicated forum relating to the work of the WITAC will be a
valuable resource for State VR staff and may help to bring together
staff who would otherwise not collaborate on independent communities of
practice.
Changes: None.
Final Priority:
The purpose of this priority is to fund a cooperative agreement to
establish a Vocational Rehabilitation Workforce Innovation Technical
Assistance Center (WITAC). The focus of this priority is to provide
training and technical assistance (TA) to State vocational
rehabilitation (VR) agencies on the new statutory requirements imposed
by WIOA.
The WITAC is designed 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 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
[[Page 48447]]
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;
(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 requirements in this priority. RSA encourages innovative
approaches to meet these requirements, which are to:
(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,
[[Page 48448]]
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;
(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
[[Page 48449]]
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)).
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.
Through this priority, State VR agencies will receive TA to improve
the quality of VR services and the competitive integrated employment
outcomes achieved by individuals with disabilities, which ultimately
will increase the percentage of individuals with disabilities who
receive services through the State VR agencies who achieve competitive
integrated employment outcomes. This 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: August 7, 2015.
Michael K. Yudin,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2015-20011 Filed 8-12-15; 8:45 am]
BILLING CODE 4000-01-P