Proposed Priorities-Innovative Rehabilitation Training Program, 23266-23270 [2020-08070]
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Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Proposed Rules
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BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED–2019–OSERS–0163]
Proposed Priorities—Innovative
Rehabilitation Training Program
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Proposed priorities.
AGENCY:
The Assistant Secretary for
the Office of Special Education and
Rehabilitative Services proposes
priorities under the Innovative
Rehabilitation Training program,
Catalog of Federal Domestic Assistance
(CFDA) numbers 84.263D/E/F. The
Assistant Secretary may use one or more
of these priorities for competitions in
fiscal year (FY) 2020 and later years. We
take this action to improve employment
outcomes and raise expectations for all
people with disabilities. The program
funds time-limited pilot innovative
rehabilitation training projects to
develop, refine, implement, evaluate,
and disseminate innovative methods of
training vocational rehabilitation (VR)
personnel to support the work of the
State VR agencies in the following topic
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SUMMARY:
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City of Parker, AZ.
River float.
One Saturday in June.
Parker, AZ.
The navigable waters of the Colorado River from Buckskin Mountain State Park to La Paz
County Park.
areas: Client Assistance Program
(84.263D); assisting and supporting
individuals with disabilities pursuing
self-employment, business ownership,
and telecommuting (84.263E); and fieldinitiated projects in an area related to
VR (84.263F).
DATES: We must receive your comments
on or before May 27, 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, address them to
Cassandra P. Shoffler, U.S. Department
of Education, 400 Maryland Avenue
SW, Room 5122, Potomac Center Plaza,
Washington, DC 20202–2800.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
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commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT:
Cassandra P. Shoffler, U.S. Department
of Education, 400 Maryland Avenue
SW, Room 5122, Potomac Center Plaza,
Washington, DC 20202–2800.
Telephone: (202) 245–7827. Email:
84.263DEF@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you
to submit comments regarding the
proposed priorities. To ensure that your
comments have maximum effect in
developing the notice of final priorities,
we urge you to identify clearly the
proposed priority 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
the proposed priorities. 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 by
accessing Regulations.gov. You may also
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inspect the comments in person in
Room 5059, 550 12th Street 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 the proposed priorities. 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 Innovative
Rehabilitation Training program is
designed to develop (a) new types of
training programs for rehabilitation
personnel and to demonstrate the
effectiveness of these new types of
training programs for rehabilitation
personnel in providing rehabilitation
services to individuals with disabilities;
(b) new and improved methods of
training rehabilitation personnel so that
there may be a more effective delivery
of rehabilitation services to individuals
with disabilities by designated State
rehabilitation agencies and designated
State rehabilitation units or other public
or non-profit rehabilitation service
agencies or organizations; and (c) new
innovative training programs for VR
professionals and paraprofessionals to
have a 21st-century understanding of
the evolving labor force and the needs
of individuals with disabilities so they
can more effectively provide VR
services to individuals with disabilities.
Program Authority: 29 U.S.C. 709(c)
and 772.
Applicable Program Regulations: 34
CFR parts 385 and 387.
Proposed Priorities: This document
contains four proposed priorities.
Proposed Priority 1—Topic Area One:
Innovative Rehabilitation Training
Project, Client Assistance Program
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Background
The purpose of the Client Assistance
Program (CAP) under the Rehabilitation
Act of 1973, as amended by the
Workforce Innovation and Opportunity
Act (WIOA) (Rehabilitation Act), is to
advise and inform VR clients and
applicants with disabilities of all
services and benefits available to them
through programs authorized under the
Rehabilitation Act, including under
sections 113 and 511, and title I of the
Americans with Disabilities Act of 1990,
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and advocate on behalf of VR clients
and applicants in their relationships
with projects, programs, and services
provided under the Rehabilitation Act.
According to the Annual Client
Assistance Program Report (RSA–227),
CAP offices responded to 40,917
requests for information and referral in
FY 2018. They also provided extensive
services—including assistance and
advocacy—to 4,038 individuals with
disabilities that year.
In FY 2014, the Rehabilitation
Services Administration (RSA) funded a
CAP training and technical assistance
center, which primarily provides
training on the statutory and regulatory
requirements governing VR services.
Such training continues to be necessary,
however, to be effective advocates for
VR clients and applicants today. CAP
professionals also need greater expertise
about the expanded opportunities for
quality employment and economic selfsufficiency made available after WIOA.
These opportunities include a focus on
acquiring career-oriented credentials,
such as advanced postsecondary
degrees; career exploration and
advancement strategies, such as workbased learning, apprenticeships,
customized employment, and career
pathways; and pre-employment
transition services and outreach to
subminimum wage employers.
Furthermore, CAP professionals require
updated leadership, relationshipbuilding, and management skills to be
effective advocates for VR clients and
applicants.
Proposed Priority
A project under this priority must
increase the capacity of CAP
professionals to inform VR clients and
applicants about the expanded
opportunities under WIOA and provide
the assistance and advocacy the clients
and applicants need. The project must
develop a new or substantially
improved training program, including
stand-alone modules to be incorporated
into an existing academic degree
program for educating VR counselors or
other VR professionals and
paraprofessionals, or into short-term
training for VR professionals, or both.
The training program or modules must
be developed by the end of the first year
of the project period and piloted,
refined, implemented, evaluated, and
disseminated in years two, three, four,
and five of the project period. A process
for feedback and continuous
improvement to ensure the training
program or modules are refined
throughout years two, three, four, and
five must be included.
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The training must be of sufficient
scope, intensity, and duration for VR
CAP professionals, paraprofessionals,
and individuals studying to become VR
professionals and paraprofessionals to
achieve increased skill, knowledge, and
competence in the topic area.
The training curricula and materials
must encompass: (a) The expanded
opportunities available under WIOA
and the pertinent provisions regarding
unified and combined State plans,
common performance measures, and the
workforce development system; (b)
specific opportunities and challenges
for individuals with the most significant
disabilities, students and youth with
disabilities, and traditionally
underserved populations, including
those at the intersection of poverty and
disability; and (c) leadership,
relationship-building, and management
skills promoting effective CAP
personnel interaction with State VR
agencies, State Rehabilitation Councils,
and other VR stakeholders.
Training delivery methods must
encompass: (a) State-of-the-art
communication tools and platforms,
including virtual conferences, social
media, and searchable databases; and (b)
the latest knowledge translation
methods and techniques. The applicant
must include the resources developed
by the RSA VR Technical Assistance
Centers and Demonstration and
Training projects, available at the
National Clearinghouse for
Rehabilitation Training Materials, and
other Federal and nongovernment
sources, in developing its training and
technical assistance curricula and
delivery methods.
Proposed Priority 2—Topic Area Two:
Innovative Rehabilitation Training
Program, Assisting and Supporting
Individuals With Disabilities Pursuing
Self-Employment, Business Ownership,
and Telecommuting
Background
Self-employment, business
ownership, and telecommuting could be
viable options for individuals with
disabilities who face barriers to
competitive integrated employment,
such as health challenges, inaccessible
work sites, and lack of transportation,
and could offer people with disabilities
an opportunity for economic
independence. A 2017 study funded by
the National Institute on Disability,
Independent Living, and Rehabilitation
Research (NIDILRR) 1 analyzed data
1 Reference: naric.com/?q=en/rif/selfemployment-may-be-promising-avenue-economicindependence-people-disabilities. Additional
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from 230,931 VR consumers age 16 or
older who completed VR services and
became employed in 2008 or 2009. The
researchers found that: (1) On average,
only 2.1 percent of VR consumers
became self-employed; (2) selfemployment rates were lowest for
consumers in urban counties (1.4
percent) and highest for consumers in
isolated rural counties (5.2 percent),
while the rates in large rural and small
rural counties fell in between (3.5
percent and 3.7 percent); and (3)
consumers who became self-employed
earned about $1.30 more per hour, on
average, at the start of their jobs than
consumers who became competitively
employed. Consumers who became selfemployed were also able to work about
three hours less per week, on average,
and still earn weekly pay equivalent to
their competitively employed peers.
The U.S. Department of Labor, Office
of Disability Employment Policy (ODEP)
examined telework practices of public
and private sector employers, finding
that 80 percent had employees with
disabilities and 23 percent had
employees who telework, but only 8
percent had employees with disabilities
who telework.2
The use of self-employment, business
ownership, and telecommuting may
assist VR consumers with achieving
competitive integrated employment.
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Proposed Priority
A project in the area of assisting and
supporting individuals with disabilities
pursuing self-employment, business
ownership, and telecommuting must
develop a new or substantially
improved and, to the extent possible,
evidence-based 3 training program,
including stand-alone modules and
instructional materials to be
incorporated into an existing academic
degree program for educating VR
counselors or other VR professionals
information on this study can be found at Ipsen, C.,
and Swicegood, G. (2017) Rural and urban
vocational rehabilitation self-employment
outcomes. Journal of Vocational Rehabilitation, 46,
97–105. This article is available from the NARIC
collection under Accession Number J75341.
2 Linden, Maureen: Telework research and
practice: Impacts on people with disabilities.
www.researchgate.net/profile/Maureen_Linden/
publication/261881961_Telework_Research_and_
Practice_Impacts_on_People_with_Disabilities/
links/586405d708ae6eb871ad02f5/TeleworkResearch-and-Practice-Impacts-on-People-withDisabilities.pdf.
3 For the purpose of this priority, ‘‘evidencebased’’ means the proposed project component is
supported, at a minimum, by evidence that
demonstrates a rationale (as defined in 34 CFR
77.1), where a key project component included in
the project’s logic model (as defined in 34 CFR 77.1)
is informed by research or evaluation findings that
suggest the project component is likely to improve
relevant outcomes (as defined in 34 CFR 77.1).
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and paraprofessionals or into short-term
training for VR professionals, or both.
The training program or modules must
be developed by the end of the first year
of the project period and piloted,
refined, implemented, evaluated, and
disseminated in years two, three, four,
and five of the project period. A process
for feedback and continuous
improvement to ensure the training
program or modules are refined
throughout years two, three, four, and
five must be included.
The training must be of sufficient
scope, intensity, and duration for VR
professionals, paraprofessionals, and
individuals studying to become VR
professionals and paraprofessionals to
achieve increased skill, knowledge, and
competence in the area of assisting and
supporting individuals with disabilities
pursuing self-employment, business
ownership, and telecommuting.
Proposed Priority 3—Topic Area Three:
Innovative Rehabilitation Training
Program, Field Initiated
Background
The purpose of the Innovative
Rehabilitation Training program, Field
Initiated project, is to develop, refine,
implement, evaluate, and disseminate
innovative methods of training for VR
personnel in an area for which no
training currently exists, enhance
training in an area for which the
existing training is no longer current or
relevant, or enhance training in an area
that has received increased emphasis
under the Rehabilitation Act.
Proposed Priority
A field-initiated project must clearly
identify the topic to be addressed and
provide sufficient evidence to
demonstrate the need for the innovative
rehabilitation training in a proposed
new topic area or, in areas for which
there is existing training, demonstrate
that the existing training is not
adequately meeting the needs of VR
professionals, paraprofessionals, and
individuals studying to become VR
professionals and paraprofessionals.
The project must develop a new or
substantially improved and, to the
extent possible, evidence-based 4
training program, including stand-alone
modules and instructional materials to
be incorporated into an existing
4 For the purpose of this priority, ‘‘evidencebased’’ means the proposed project component is
supported, at a minimum, by evidence that
demonstrates a rationale (as defined in 34 CFR
77.1), where a key project component included in
the project’s logic model (as defined in 34 CFR 77.1)
is informed by research or evaluation findings that
suggest the project component is likely to improve
relevant outcomes (as defined in 34 CFR 77.1)
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academic degree program for educating
VR counselors or other VR professionals
and paraprofessionals, or into shortterm training for VR professionals, or
both. The training program or modules
must be developed by the end of the
first year of the project period and
piloted, refined, implemented,
evaluated, and disseminated in years
two, three, four, and five of the project
period. A process for feedback and
continuous improvement to ensure the
training program or modules are refined
throughout years two, three, four, and
five must be included.
The training must be of sufficient
scope, intensity, and duration for VR
professionals, paraprofessionals, and
individuals studying to become VR
professionals and paraprofessionals to
achieve increased skill, knowledge, and
competence in the topic area.
Proposed Priority 4—Applications
From New Potential Grantees
Background
In order to increase the size of the
applicant pool, we propose a priority for
applications from new potential
grantees.
Proposed Priority
(a) Under this priority, an applicant
must demonstrate one or more of the
following:
(i) The applicant has never received a
grant, including through membership in
a group application submitted in
accordance with 34 CFR 75.127–75.129,
under the program from which it seeks
funds.
(ii) The applicant does not, as of the
deadline date for submission of
applications, have an active grant,
including through membership in a
group application submitted in
accordance with 34 CFR 75.127–75.129,
under the program from which it seeks
funds.
(iii) The applicant has not had an
active discretionary grant under the
program from which it seeks funds,
including through membership in a
group application submitted in
accordance with 34 CFR 75.127–75.129,
in one of the following number of years
before the deadline date for submission
of applications under the program:
(1) One year;
(2) Two years;
(3) Three years;
(4) Four years;
(5) Five years;
(6) Six years; or
(7) Seven years.
(iv) The applicant has not had an
active discretionary grant from the
Department, including through
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membership in a group application
submitted in accordance with 34 CFR
75.127–75.129, in one of the following
number of years before the deadline
date for submission of applications
under the program:
(1) One year;
(2) Two years;
(3) Three years;
(4) Four years;
(5) Five years;
(6) Six years; or
(7) Seven years.
(v) The applicant has not had an
active contract from the Department in
one of the following number of years
before the deadline date for submission
of applications under the program:
(1) One year;
(2) Two years;
(3) Three years;
(4) Four years;
(5) Five years;
(6) Six years; or
(7) Seven years.
(b) For the purpose of this priority, a
grant or contract is active until the end
of the grant’s or contract’s project or
funding period, including any
extensions of those periods that extend
the grantee’s or contractor’s authority to
obligate funds.
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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)).
Executive Orders 12866, 13563, and
13771
Regulatory Impact Analysis
Under Executive Order 12866, the
Office of Management and Budget
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(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 interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
stated in the Executive order.
This proposed regulatory action is not
a significant regulatory action subject to
review by OMB under section 3(f) of
Executive Order 12866.
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 rule must be fully
offset by the elimination of existing
costs through deregulatory actions.
However, Executive Order 13771 does
not apply to ‘‘transfer rules’’ that cause
only income transfers between
taxpayers and program beneficiaries,
such as those regarding discretionary
grant programs. Because the proposed
priorities would be utilized in
connection with a discretionary grant
program, Executive Order 13771 does
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
their benefits justify their costs
(recognizing that some benefits and
costs are difficult to quantify);
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23269
(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
only on a reasoned determination that
their benefits justify their 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 have also determined that this
regulatory action does not unduly
interfere with State, local, and Tribal
governments in the exercise of their
governmental functions.
In accordance with both Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities. The costs
would include the time and effort in
responding to the priority for entities
that choose to respond.
In addition, we have considered the
potential benefits of this regulatory
action and have noted these benefits in
the background section of this
document. The benefits include
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receiving comments regarding the best
way to support the work of the State VR
agencies in the Client Assistance
Program (84.263D); assisting and
supporting individuals with disabilities
pursuing self-employment, business
ownership, and telecommuting
(84.263E); and field-initiated projects
related to VR (84.263F); and whether the
activities identified reflect the greatest
needs in the field.
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
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 public
or private nonprofit agencies and
organizations, including Indian Tribes
and institutions of higher education that
VerDate Sep<11>2014
16:59 Apr 24, 2020
Jkt 250001
may apply. We believe that the costs
imposed on an applicant by the
proposed priorities would be limited to
paperwork burden related to preparing
an application and that the benefits of
these proposed priorities would
outweigh any costs incurred by the
applicant. There are very few entities
who could provide the type of technical
assistance required under the proposed
priorities. For these reasons these
proposed priorities would not impose a
burden on a significant number of small
entities.
Paperwork Reduction Act of 1995:
The proposed priorities 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.
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.
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
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. 2020–08070 Filed 4–22–20; 4:15 pm]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED–2019–OSERS–0044]
Proposed Waiver and Extension of the
Project Period for a Grant That
Provides Rehabilitation Short-Term
Training to the Client Assistance
Program (CAP)
Office of Special Education and
Rehabilitative Services (OSERS),
Department of Education.
ACTION: Proposed waiver and extension
of project period.
AGENCY:
The Secretary proposes to
waive the requirements in the Education
Department General Administrative
Regulations that generally prohibit
project periods exceeding five years and
project period extensions involving the
obligation of additional Federal funds.
The proposed waiver and extension
would enable the Rehabilitation ShortTerm Training to the CAP under Catalog
of Federal Domestic Assistance (CFDA)
number 84.246K to receive funding for
an additional performance period of one
year, not to exceed September 30, 2021.
DATES: We must receive your comments
on or before May 27, 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 ‘‘How to use
Regulations.gov’’ in the Help section.
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
SUMMARY:
E:\FR\FM\27APP1.SGM
27APP1
Agencies
[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Proposed Rules]
[Pages 23266-23270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08070]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2019-OSERS-0163]
Proposed Priorities--Innovative Rehabilitation Training Program
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Proposed priorities.
-----------------------------------------------------------------------
SUMMARY: The Assistant Secretary for the Office of Special Education
and Rehabilitative Services proposes priorities under the Innovative
Rehabilitation Training program, Catalog of Federal Domestic Assistance
(CFDA) numbers 84.263D/E/F. The Assistant Secretary may use one or more
of these priorities for competitions in fiscal year (FY) 2020 and later
years. We take this action to improve employment outcomes and raise
expectations for all people with disabilities. The program funds time-
limited pilot innovative rehabilitation training projects to develop,
refine, implement, evaluate, and disseminate innovative methods of
training vocational rehabilitation (VR) personnel to support the work
of the State VR agencies in the following topic areas: Client
Assistance Program (84.263D); assisting and supporting individuals with
disabilities pursuing self-employment, business ownership, and
telecommuting (84.263E); and field-initiated projects in an area
related to VR (84.263F).
DATES: We must receive your comments on or before May 27, 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, address them to Cassandra P. Shoffler,
U.S. Department of Education, 400 Maryland Avenue SW, Room 5122,
Potomac Center Plaza, Washington, DC 20202-2800.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
FOR FURTHER INFORMATION CONTACT: Cassandra P. Shoffler, U.S. Department
of Education, 400 Maryland Avenue SW, Room 5122, Potomac Center Plaza,
Washington, DC 20202-2800. Telephone: (202) 245-7827. 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. To ensure that your comments have maximum
effect in developing the notice of final priorities, we urge you to
identify clearly the proposed priority 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 the proposed priorities. 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 by accessing Regulations.gov.
You may also
[[Page 23267]]
inspect the comments in person in Room 5059, 550 12th Street 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 the proposed priorities. 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 Innovative Rehabilitation Training program
is designed to develop (a) new types of training programs for
rehabilitation personnel and to demonstrate the effectiveness of these
new types of training programs for rehabilitation personnel in
providing rehabilitation services to individuals with disabilities; (b)
new and improved methods of training rehabilitation personnel so that
there may be a more effective delivery of rehabilitation services to
individuals with disabilities by designated State rehabilitation
agencies and designated State rehabilitation units or other public or
non-profit rehabilitation service agencies or organizations; and (c)
new innovative training programs for VR professionals and
paraprofessionals to have a 21st-century understanding of the evolving
labor force and the needs of individuals with disabilities so they can
more effectively provide VR services to individuals with disabilities.
Program Authority: 29 U.S.C. 709(c) and 772.
Applicable Program Regulations: 34 CFR parts 385 and 387.
Proposed Priorities: This document contains four proposed
priorities.
Proposed Priority 1--Topic Area One: Innovative Rehabilitation Training
Project, Client Assistance Program
Background
The purpose of the Client Assistance Program (CAP) under the
Rehabilitation Act of 1973, as amended by the Workforce Innovation and
Opportunity Act (WIOA) (Rehabilitation Act), is to advise and inform VR
clients and applicants with disabilities of all services and benefits
available to them through programs authorized under the Rehabilitation
Act, including under sections 113 and 511, and title I of the Americans
with Disabilities Act of 1990, and advocate on behalf of VR clients and
applicants in their relationships with projects, programs, and services
provided under the Rehabilitation Act.
According to the Annual Client Assistance Program Report (RSA-227),
CAP offices responded to 40,917 requests for information and referral
in FY 2018. They also provided extensive services--including assistance
and advocacy--to 4,038 individuals with disabilities that year.
In FY 2014, the Rehabilitation Services Administration (RSA) funded
a CAP training and technical assistance center, which primarily
provides training on the statutory and regulatory requirements
governing VR services. Such training continues to be necessary,
however, to be effective advocates for VR clients and applicants today.
CAP professionals also need greater expertise about the expanded
opportunities for quality employment and economic self-sufficiency made
available after WIOA. These opportunities include a focus on acquiring
career-oriented credentials, such as advanced postsecondary degrees;
career exploration and advancement strategies, such as work-based
learning, apprenticeships, customized employment, and career pathways;
and pre-employment transition services and outreach to subminimum wage
employers. Furthermore, CAP professionals require updated leadership,
relationship-building, and management skills to be effective advocates
for VR clients and applicants.
Proposed Priority
A project under this priority must increase the capacity of CAP
professionals to inform VR clients and applicants about the expanded
opportunities under WIOA and provide the assistance and advocacy the
clients and applicants need. The project must develop a new or
substantially improved training program, including stand-alone modules
to be incorporated into an existing academic degree program for
educating VR counselors or other VR professionals and
paraprofessionals, or into short-term training for VR professionals, or
both. The training program or modules must be developed by the end of
the first year of the project period and piloted, refined, implemented,
evaluated, and disseminated in years two, three, four, and five of the
project period. A process for feedback and continuous improvement to
ensure the training program or modules are refined throughout years
two, three, four, and five must be included.
The training must be of sufficient scope, intensity, and duration
for VR CAP professionals, paraprofessionals, and individuals studying
to become VR professionals and paraprofessionals to achieve increased
skill, knowledge, and competence in the topic area.
The training curricula and materials must encompass: (a) The
expanded opportunities available under WIOA and the pertinent
provisions regarding unified and combined State plans, common
performance measures, and the workforce development system; (b)
specific opportunities and challenges for individuals with the most
significant disabilities, students and youth with disabilities, and
traditionally underserved populations, including those at the
intersection of poverty and disability; and (c) leadership,
relationship-building, and management skills promoting effective CAP
personnel interaction with State VR agencies, State Rehabilitation
Councils, and other VR stakeholders.
Training delivery methods must encompass: (a) State-of-the-art
communication tools and platforms, including virtual conferences,
social media, and searchable databases; and (b) the latest knowledge
translation methods and techniques. The applicant must include the
resources developed by the RSA VR Technical Assistance Centers and
Demonstration and Training projects, available at the National
Clearinghouse for Rehabilitation Training Materials, and other Federal
and nongovernment sources, in developing its training and technical
assistance curricula and delivery methods.
Proposed Priority 2--Topic Area Two: Innovative Rehabilitation Training
Program, Assisting and Supporting Individuals With Disabilities
Pursuing Self-Employment, Business Ownership, and Telecommuting
Background
Self-employment, business ownership, and telecommuting could be
viable options for individuals with disabilities who face barriers to
competitive integrated employment, such as health challenges,
inaccessible work sites, and lack of transportation, and could offer
people with disabilities an opportunity for economic independence. A
2017 study funded by the National Institute on Disability, Independent
Living, and Rehabilitation Research (NIDILRR) \1\ analyzed data
[[Page 23268]]
from 230,931 VR consumers age 16 or older who completed VR services and
became employed in 2008 or 2009. The researchers found that: (1) On
average, only 2.1 percent of VR consumers became self-employed; (2)
self-employment rates were lowest for consumers in urban counties (1.4
percent) and highest for consumers in isolated rural counties (5.2
percent), while the rates in large rural and small rural counties fell
in between (3.5 percent and 3.7 percent); and (3) consumers who became
self-employed earned about $1.30 more per hour, on average, at the
start of their jobs than consumers who became competitively employed.
Consumers who became self-employed were also able to work about three
hours less per week, on average, and still earn weekly pay equivalent
to their competitively employed peers.
---------------------------------------------------------------------------
\1\ Reference: naric.com/?q=en/rif/self-employment-may-be-promising-avenue-economic-independence-people-disabilities.
Additional information on this study can be found at Ipsen, C., and
Swicegood, G. (2017) Rural and urban vocational rehabilitation self-
employment outcomes. Journal of Vocational Rehabilitation, 46, 97-
105. This article is available from the NARIC collection under
Accession Number J75341.
---------------------------------------------------------------------------
The U.S. Department of Labor, Office of Disability Employment
Policy (ODEP) examined telework practices of public and private sector
employers, finding that 80 percent had employees with disabilities and
23 percent had employees who telework, but only 8 percent had employees
with disabilities who telework.\2\
---------------------------------------------------------------------------
\2\ Linden, Maureen: Telework research and practice: Impacts on
people with disabilities. www.researchgate.net/profile/Maureen_Linden/publication/261881961_Telework_Research_and_Practice_Impacts_on_People_with_Disabilities/links/586405d708ae6eb871ad02f5/Telework-Research-and-Practice-Impacts-on-People-with-Disabilities.pdf.
---------------------------------------------------------------------------
The use of self-employment, business ownership, and telecommuting
may assist VR consumers with achieving competitive integrated
employment.
Proposed Priority
A project in the area of assisting and supporting individuals with
disabilities pursuing self-employment, business ownership, and
telecommuting must develop a new or substantially improved and, to the
extent possible, evidence-based \3\ training program, including stand-
alone modules and instructional materials to be incorporated into an
existing academic degree program for educating VR counselors or other
VR professionals and paraprofessionals or into short-term training for
VR professionals, or both. The training program or modules must be
developed by the end of the first year of the project period and
piloted, refined, implemented, evaluated, and disseminated in years
two, three, four, and five of the project period. A process for
feedback and continuous improvement to ensure the training program or
modules are refined throughout years two, three, four, and five must be
included.
---------------------------------------------------------------------------
\3\ For the purpose of this priority, ``evidence-based'' means
the proposed project component is supported, at a minimum, by
evidence that demonstrates a rationale (as defined in 34 CFR 77.1),
where a key project component included in the project's logic model
(as defined in 34 CFR 77.1) is informed by research or evaluation
findings that suggest the project component is likely to improve
relevant outcomes (as defined in 34 CFR 77.1).
---------------------------------------------------------------------------
The training must be of sufficient scope, intensity, and duration
for VR professionals, paraprofessionals, and individuals studying to
become VR professionals and paraprofessionals to achieve increased
skill, knowledge, and competence in the area of assisting and
supporting individuals with disabilities pursuing self-employment,
business ownership, and telecommuting.
Proposed Priority 3--Topic Area Three: Innovative Rehabilitation
Training Program, Field Initiated
Background
The purpose of the Innovative Rehabilitation Training program,
Field Initiated project, is to develop, refine, implement, evaluate,
and disseminate innovative methods of training for VR personnel in an
area for which no training currently exists, enhance training in an
area for which the existing training is no longer current or relevant,
or enhance training in an area that has received increased emphasis
under the Rehabilitation Act.
Proposed Priority
A field-initiated project must clearly identify the topic to be
addressed and provide sufficient evidence to demonstrate the need for
the innovative rehabilitation training in a proposed new topic area or,
in areas for which there is existing training, demonstrate that the
existing training is not adequately meeting the needs of VR
professionals, paraprofessionals, and individuals studying to become VR
professionals and paraprofessionals.
The project must develop a new or substantially improved and, to
the extent possible, evidence-based \4\ training program, including
stand-alone modules and instructional materials to be incorporated into
an existing academic degree program for educating VR counselors or
other VR professionals and paraprofessionals, or into short-term
training for VR professionals, or both. The training program or modules
must be developed by the end of the first year of the project period
and piloted, refined, implemented, evaluated, and disseminated in years
two, three, four, and five of the project period. A process for
feedback and continuous improvement to ensure the training program or
modules are refined throughout years two, three, four, and five must be
included.
---------------------------------------------------------------------------
\4\ For the purpose of this priority, ``evidence-based'' means
the proposed project component is supported, at a minimum, by
evidence that demonstrates a rationale (as defined in 34 CFR 77.1),
where a key project component included in the project's logic model
(as defined in 34 CFR 77.1) is informed by research or evaluation
findings that suggest the project component is likely to improve
relevant outcomes (as defined in 34 CFR 77.1)
---------------------------------------------------------------------------
The training must be of sufficient scope, intensity, and duration
for VR professionals, paraprofessionals, and individuals studying to
become VR professionals and paraprofessionals to achieve increased
skill, knowledge, and competence in the topic area.
Proposed Priority 4--Applications From New Potential Grantees
Background
In order to increase the size of the applicant pool, we propose a
priority for applications from new potential grantees.
Proposed Priority
(a) Under this priority, an applicant must demonstrate one or more
of the following:
(i) The applicant has never received a grant, including through
membership in a group application submitted in accordance with 34 CFR
75.127-75.129, under the program from which it seeks funds.
(ii) The applicant does not, as of the deadline date for submission
of applications, have an active grant, including through membership in
a group application submitted in accordance with 34 CFR 75.127-75.129,
under the program from which it seeks funds.
(iii) The applicant has not had an active discretionary grant under
the program from which it seeks funds, including through membership in
a group application submitted in accordance with 34 CFR 75.127-75.129,
in one of the following number of years before the deadline date for
submission of applications under the program:
(1) One year;
(2) Two years;
(3) Three years;
(4) Four years;
(5) Five years;
(6) Six years; or
(7) Seven years.
(iv) The applicant has not had an active discretionary grant from
the Department, including through
[[Page 23269]]
membership in a group application submitted in accordance with 34 CFR
75.127-75.129, in one of the following number of years before the
deadline date for submission of applications under the program:
(1) One year;
(2) Two years;
(3) Three years;
(4) Four years;
(5) Five years;
(6) Six years; or
(7) Seven years.
(v) The applicant has not had an active contract from the
Department in one of the following number of years before the deadline
date for submission of applications under the program:
(1) One year;
(2) Two years;
(3) Three years;
(4) Four years;
(5) Five years;
(6) Six years; or
(7) Seven years.
(b) For the purpose of this priority, a grant or contract is active
until the end of the grant's or contract's project or funding period,
including any extensions of those periods that extend the grantee's or
contractor's authority to obligate funds.
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)).
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 interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This proposed regulatory action is not a significant regulatory
action subject to review by OMB under section 3(f) of Executive Order
12866.
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 rule must be fully offset by the elimination of existing
costs through deregulatory actions. However, Executive Order 13771 does
not apply to ``transfer rules'' that cause only income transfers
between taxpayers and program beneficiaries, such as those regarding
discretionary grant programs. Because the proposed priorities would be
utilized in connection with a discretionary grant program, Executive
Order 13771 does 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 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 only on a reasoned
determination that their benefits justify their 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 have also determined that this regulatory action does not unduly
interfere with State, local, and Tribal governments in the exercise of
their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
The costs would include the time and effort in responding to the
priority for entities that choose to respond.
In addition, we have considered the potential benefits of this
regulatory action and have noted these benefits in the background
section of this document. The benefits include
[[Page 23270]]
receiving comments regarding the best way to support the work of the
State VR agencies in the Client Assistance Program (84.263D); assisting
and supporting individuals with disabilities pursuing self-employment,
business ownership, and telecommuting (84.263E); and field-initiated
projects related to VR (84.263F); and whether the activities identified
reflect the greatest needs in the field.
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 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 public or private nonprofit agencies and organizations,
including Indian Tribes and institutions of higher education that may
apply. We believe that the costs imposed on an applicant by the
proposed priorities would be limited to paperwork burden related to
preparing an application and that the benefits of these proposed
priorities would outweigh any costs incurred by the applicant. There
are very few entities who could provide the type of technical
assistance required under the proposed priorities. For these reasons
these proposed priorities would not impose a burden on a significant
number of small entities.
Paperwork Reduction Act of 1995: The proposed priorities 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.
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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. 2020-08070 Filed 4-22-20; 4:15 pm]
BILLING CODE 4000-01-P