Proposed Priorities and Definitions-Independent Living Services for Older Individuals Who Are Blind-Training and Technical Assistance, 16920-16924 [2020-06060]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 85, Number 58 (Wednesday, March 25, 2020)]
[Proposed Rules]
[Pages 16920-16924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06060]



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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2020-OSERS-0009]


Proposed Priorities and Definitions--Independent Living Services 
for Older Individuals Who Are Blind--Training and Technical Assistance

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Proposed priorities and definitions.

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SUMMARY: The Assistant Secretary for the Office of Special Education 
and Rehabilitative Services proposes priorities and definitions under 
the Independent Living Services for Older Individuals Who Are Blind 
(OIB) program, Catalog of Federal Domestic Assistance (CFDA) number 
84.177Z. The Assistant Secretary may use one or more of these 
priorities and definitions for competitions in fiscal year (FY) 2020 
and later years. We take this action to focus Federal financial 
assistance on an identified national need. We intend the priorities and 
definitions to improve the administration, operation, and performance 
of the OIB program.

DATES: We must receive your comments on or before April 24, 2020.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``Help.''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about the proposed priorities and 
definitions, address them to RoseAnn Ashby, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5151, Potomac Center Plaza 
(PCP), Washington, DC 20202-2500.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT:  RoseAnn Ashby. Telephone: (202) 245-
7258. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment: We invite you to submit comments regarding 
the proposed priorities and definitions. To ensure that your comments 
have maximum effect in developing the notice of final priorities and 
definitions, we urge you to identify clearly the specific priorities 
and definitions that each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866, 13563, and 13771 and their 
overall requirement of reducing regulatory burden that might result 
from these proposed priorities and definitions. Please let us know of 
any further ways we could reduce potential costs or increase potential 
benefits while preserving the effective and efficient administration of 
the program.
    During and after the comment period, you may inspect all public 
comments about the proposed priorities and definitions by accessing 
Regulations.gov. You may also inspect the comments in person in Room 
5151, PCP, 400 Maryland Avenue SW, Washington, DC, between the hours of 
9:30 a.m. and 4:00 p.m., Eastern Time, Monday through Friday of each 
week except Federal holidays.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this document. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.
    Purpose of Program:
    The purpose of this program is to provide training and technical 
assistance to designated State agencies (DSAs)--the State agencies that 
provide vocational rehabilitation services to individuals who are 
blind--that receive grant funding under the OIB program and to other 
service providers that receive OIB program funding from DSAs to provide 
services to consumers. The training and technical assistance are 
designed to improve the operation and performance of programs and 
services for older individuals who are blind resulting in their 
enhanced independence and self-sufficiency.
    Program Authority: 29 U.S.C. 796j-1.
    Applicable Program Regulations: 34 CFR part 367.
    PROPOSED PRIORITIES: This document contains two proposed 
priorities.
    Background:
    Vision loss, due to such conditions as diabetic retinopathy, 
cataracts, glaucoma, and macular degeneration, can greatly affect the 
ability of older individuals to function independently in the home and 
to participate fully in the community. As people lose vision, they 
often isolate themselves and do not believe that they can still 
maintain an active, independent lifestyle.
    According to the Centers for Disease Control and Prevention's 2016 
National Health Interview Survey (NHIS),\1\ 7.3 million American adults 
65 years and older report having vision loss. That number will increase 
significantly in the coming decades, as nearly 75 million Americans who 
make up the baby-boomer generation get older. According to the American 
Foundation for the Blind,\2\ experts predict that by 2030, rates of 
vision loss will double within the country's aging population.
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    \1\ See: https://afb.org/research-and-intiatives/past-initiatives/21st-century-agenda-aging-and-vision-loss.
    \2\ See: https://afb.org/research-and-initiatives/aging/special-report-aging-vision-loss.
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    Currently, Medicaid, Medicare, and private insurance do not provide 
coverage for any rehabilitative services or tools for individuals who 
are blind, such as white canes; assistive technology, including 
computer software with text enlargement or text-to-speech capabilities; 
or everyday items such as talking clocks, tactile medication 
dispensers, and kitchen safety items. Furthermore, insurance does not 
provide coverage for instruction in adaptive skills that will allow a 
person experiencing significant vision loss to perform the activities 
of daily living (ADLs) that are necessary to an individual's ability to 
remain in the home and community.
    If an older individual with significant vision loss does not have 
the services, tools, or skills to perform ADLs, a nursing facility or 
in-home care may be the only options. According to the Department of 
Health and Human Services, Administration for

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Community Living (HHS-ACL),\3\ the national average cost of care in a 
private room within a nursing facility is $253 per day, $7,698 per 
month, or $92,376 per year. Alternatively, the national average cost of 
in-home care is $20.50 per hour. Therefore, services and strategies 
that delay or eliminate the need for older individuals who are blind, 
or who have low vision, to enter a nursing home would be cost 
effective, as would reducing the number of hours of in-home care these 
individuals require to maintain their independence.
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    \3\ See: https://longtermcare.acl.gov/costs-how-to-pay/costs-of-care.html.
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    OIB services are provided to help persons served under this program 
adjust to their blindness by increasing their ability to care for their 
individual needs. Therefore, it is essential that DSAs responsible for 
providing these services and other service providers that receive OIB 
program funding from DSAs to provide these services are able to 
effectively address this vital need.
    We are proposing priority 1 to establish an OIB Training and 
Technical Assistance Center (Center) to provide universal, targeted, 
and intensive training and technical assistance to DSAs funded under 
the OIB program and to any service providers that DSAs fund to provide 
services directly to consumers.
    The Center will provide training and technical assistance in the 
following areas identified by surveying the training and technical 
assistance needs of DSAs: (a) Community outreach; (b) promising 
practices; (c) program performance; and (d) financial and management 
practices.
    Federal funding to OIB grantees is not enough, nor was it intended 
to be enough, to address all the service needs of OIB consumers. 
Therefore, it is imperative that OIB grantees develop effective 
strategies for collaborating with other systems and professions that 
work with the OIB population. OIB grantees must be knowledgeable about 
available State and local resources and must implement strategies to 
effectively leverage the use of those resources to meet the service 
needs of OIB consumers.
    The second proposed priority focuses on providing technical 
assistance to DSAs, and other service providers that receive OIB 
program funding from DSAs to provide services to consumers, on 
partnering with other systems that work with individuals who are aging 
and individuals with disabilities to facilitate the sharing of 
information and leveraging of resources. This will require 
communication and coordination, on an ongoing basis, with other 
federally funded training and technical assistance projects, 
particularly Department-funded projects, to ensure that training and 
technical assistance activities are complementary and non-duplicative.
    Proposed Priority 1--Independent Living Services for Older 
Individuals Who Are Blind (OIB) Training and Technical Assistance.
    This proposed priority supports a cooperative agreement to 
establish an OIB Training and Technical Assistance Center (Center) to 
provide universal, targeted, and intensive training and technical 
assistance to DSAs funded under the OIB program and to any service 
providers that DSAs fund to provide services directly to consumers. The 
Center will develop and provide training and technical assistance in 
the following general topic areas:
    (a) Community outreach methods and strategies to identify potential 
recipients of services.
    (b) Promising practices, including the development and 
dissemination of relevant materials to facilitate the delivery of 
effective services.
    (c) Program performance, including data reporting and analysis.
    (d) Financial and management practices, including practices to 
ensure compliance with grant administration requirements.
    To meet the requirements of this proposed priority, the Center 
must, at a minimum, conduct the following activities:
    (a) Annually provide intensive training and technical assistance to 
a minimum of three DSAs or other service providers on the four general 
topic areas in this proposed priority. The technical assistance must 
be--
    (1) Consistent with the project activities and tailored to the 
specific needs and challenges of the DSA or other service provider 
receiving intensive training and technical assistance;
    (2) Provided under an agreement with each DSA or other service 
provider that, at a minimum, details the purpose, intended outcomes, 
and requirements for subsequent evaluation of the training and 
technical assistance; and
    (3) Assessed 90 days after completion to ensure that the DSAs and 
other service providers receiving intensive training and technical 
assistance are applying it effectively, and to address any issues or 
challenges in its implementation.
    (b) Provide a range of targeted training and technical assistance 
and universal training and technical assistance products and services 
on the four general topic areas in this proposed priority. The training 
and technical assistance must include, at a minimum, the following 
activities:
    (1) In each year of the project, provide a minimum of 10 webinars, 
podcasts, video conferences, teleconferences, or other virtual methods 
on the four general topic areas in this proposed priority to describe 
and disseminate information about emerging promising practices.
    (2) Develop new information technology (IT) platforms or systems, 
or modify existing platforms and systems, as follows:
    (i) Develop or modify, and maintain, a state-of-the-art IT platform 
sufficient to support webinars, podcasts, video conferences, 
teleconferences, and other virtual methods of dissemination of 
information and training and technical assistance; and
    (ii) Develop or modify, and maintain, a state-of-the-art archiving 
and dissemination system that is open and available to the public, at 
no cost, and that provides a central location for later use of training 
and technical assistance products, including course curricula, 
audiovisual materials, webinars, examples of emerging and promising 
practices related to the four general topic areas in this proposed 
priority, and any other training and technical assistance products 
developed by the grantee and others.
    Note: All products produced by the Center must meet government and 
industry-recognized standards for accessibility.
    (c) Conduct outreach to DSAs so that they are aware of, and can 
participate in, training and technical assistance activities.
    (d) Establish a community of practice \4\ that will act as a 
vehicle for communication, an exchange of information among DSAs and 
other service providers, and a forum for sharing the results of 
training and technical assistance activities that are in progress or 
that have been completed.
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    \4\ See: https://www.sedl.org/pubs/catalog/items/dis104.html.
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    (e) Facilitate a minimum of one in-person conference annually for 
the purpose of dissemination of information related to emerging 
promising practices and ongoing technical assistance needs and 
activities.
    (f) Communicate and coordinate, on an ongoing basis, with other 
federally funded training and technical assistance projects, 
particularly Department-funded projects, to ensure that training and 
technical assistance activities are complementary and non-duplicative.

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    (g) Conduct an evaluation to determine the impact of the Center's 
training and technical assistance on the DSAs and other service 
providers that received the Center's services.
    Proposed Priority 2--Identify and Demonstrate how Specific 
Technical Assistance Strategies Provided to OIB Grantees will 
Facilitate Collaboration and Leveraging of Resources at the State and 
Local Level.
    To meet the requirements of this proposed priority, the Center 
must, at a minimum, develop technical assistance focused on 
partnerships to facilitate the sharing of information and leveraging of 
resources from other systems that work with aging individuals and 
individuals with disabilities.
    These technical assistance strategies must be designed to improve 
the capacity of OIB grantee staff, and staff from other service 
providers that receive OIB program funding from DSAs to provide 
services to the OIB population, to acquire and develop the skills and 
tools they need to help the OIB population sustain and increase their 
ability to live independently in their homes and communities.
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    PROPOSED DEFINITIONS:
    Background:
    We propose the following definitions for use with these proposed 
priorities. We propose these definitions to ensure that applicants have 
a clear understanding of how we are using these terms.
    Proposed Definitions:
    The Assistant Secretary proposes the following definitions for this 
program. We may apply one or more of these definitions in any year in 
which this program is in effect.
    Intensive training and technical assistance means training and 
technical assistance provided to a DSA, or other service provider that 
receives OIB program funding from a DSA to provide services, primarily 
on-site over an extended period. Intensive training and technical 
assistance is based on an ongoing relationship between the training and 
technical assistance center staff and a DSA, or other service provider 
that receives OIB program funding from a DSA to provide services, under 
the terms of a signed intensive training and technical assistance 
agreement.
    Targeted training and technical assistance means training and 
technical assistance based on needs common to one or more DSAs, or 
other service providers that receive OIB program funding from DSAs to 
provide services, on a time-limited basis and with a limited commitment 
of training and technical assistance center resources. Targeted 
training and technical assistance are delivered through virtual or in-
person methods tailored to the identified needs of the participating 
DSAs, or other service providers that receive OIB program funding from 
DSAs to provide services.
    Universal training and technical assistance means training and 
technical assistance broadly available to DSAs, or other service 
providers that receive OIB program funding from DSAs to provide 
services, and other interested parties resulting in minimal interaction 
with training and technical assistance center staff. Universal training 
and technical assistance includes generalized presentations, products, 
and related activities available through a website or through brief 
contact with the training and technical assistance center staff.
    Final Priorities and Definitions:
    We will announce the final priorities and definitions in the 
Federal Register. We will determine the final priorities and 
definitions after considering responses to the proposed priorities and 
definitions and other information available to the Department. This 
document does not preclude us from proposing additional priorities, 
requirements, definitions, or selection criteria subject to meeting 
applicable rulemaking requirements.
    Note: This document does not solicit applications. In any year in 
which we choose to use one or more of these priorities and definitions, 
we invite applications through a notice in the Federal Register.

Executive Orders 12866, 13563, and 13771

Regulatory Impact Analysis

    Under Executive Order 12866, the Office of Management and Budget 
(OMB) determines whether this regulatory action is ``significant'' and, 
therefore, subject to the requirements of the Executive order and 
subject to review by 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 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.
    OMB has determined that this proposed regulatory action is not a 
significant regulatory action subject to review by OMB under section 
3(f) of Executive Order 12866.
    Under Executive Order 13771, for each new rule that the Department 
proposes for notice and comment or otherwise promulgates that is a 
significant regulatory action under Executive Order 12866 and that 
imposes total costs greater than zero, it must identify two 
deregulatory actions. For FY 2020, any new incremental costs associated 
with a new regulation must be fully offset by the elimination of 
existing costs through deregulatory actions. Because the proposed 
regulatory action is not significant, the requirements of Executive 
Order 13771 do not apply.
    We have also reviewed this proposed regulatory action under 
Executive Order 13563, which supplements and explicitly reaffirms the 
principles, structures, and definitions governing regulatory review 
established in Executive Order 12866. To the extent permitted by law, 
Executive Order 13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that

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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 the proposed priorities and definitions only on a 
reasoned determination that their benefits would justify their costs. 
In choosing among alternative regulatory approaches, we selected those 
approaches that would maximize net benefits. The Department believes 
that this regulatory action is consistent with the principles in 
Executive Order 13563.
    We have also determined that this regulatory action would not 
unduly interfere with State, local, and Tribal governments in the 
exercise of their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.
    In addition, we have considered the potential benefits of this 
regulatory action and have noted these benefits in the background 
section of this document.

Clarity of the Regulations

    Executive Order 12866 and the Presidential memorandum ``Plain 
Language in Government Writing'' require each agency to write 
regulations that are easy to understand.
    The Secretary invites comments on how to make these proposed 
priorities and definitions easier to understand, including answers to 
questions such as the following:
     Are the requirements in the proposed regulations clearly 
stated?
     Do the proposed regulations contain technical terms or 
other wording that interferes with their clarity?
     Does the format of the proposed regulations (grouping and 
order of sections, use of headings, paragraphing, etc.) aid or reduce 
their clarity?
     Would the proposed regulations be easier to understand if 
we divided them into more (but shorter) sections?
     Could the description of the proposed regulations in the 
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in 
making the proposed regulations easier to understand? If so, how?
     What else could we do to make the proposed regulations 
easier to understand?
    To send any comments that concern how the Department could make 
these proposed regulations easier to understand, see the instructions 
in the ADDRESSES section.
    Regulatory Flexibility Act Certification: The Secretary certifies 
that this proposed regulatory action would not have a significant 
economic impact on a substantial number of small entities. The U.S. 
Small Business Administration Size Standards define ``small entities'' 
as for-profit or nonprofit institutions with total annual revenue below 
$7,000,000 or, if they are institutions controlled by small 
governmental jurisdictions (that are comprised of cities, counties, 
towns, townships, villages, school districts, or special districts), 
with a population of less than 50,000.
    The small entities that this proposed regulatory action would 
affect are State and public or non-profit agencies and organizations 
and institutions of higher education (IHEs) that have the capacity to 
provide training and technical assistance in the provision of 
independent living services for older individuals who are blind and 
have demonstrated through their application a capacity to provide the 
level of training and technical assistance necessary to meet the 
proposed priorities. We believe that the costs imposed on an applicant 
by the proposed priorities and definitions would be limited to 
paperwork burden related to preparing an application and that the 
benefits of these proposed priorities and definitions would outweigh 
any costs incurred by the applicant. There are very few entities that 
could provide the type of technical assistance the Center aims to 
provide. For these reasons these proposed priorities and definitions 
would not impose a burden on a significant number of small entities.
    Paperwork Reduction Act of 1995: The proposed priorities and 
definitions contain information collection requirements that are 
approved by OMB under OMB control number 1820-0018.
    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.
Assessment of Educational Impact
    In accordance with section 411 of the General Education Provisions 
Act, 20 U.S.C. 1221e-4, the Secretary particularly requests comments on 
whether these proposed regulations would require transmission of 
information that any other agency or authority of the United States 
gathers or makes available.
    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.

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    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. 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 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.

Mark Schultz,
Commissioner, Rehabilitation Services Administration, Delegated the 
Authority to Perform the Functions and Duties of the Assistant 
Secretary for the Office of Special Education and Rehabilitative 
Services.
[FR Doc. 2020-06060 Filed 3-24-20; 8:45 am]
 BILLING CODE 4000-01-P