Proposed Priorities and Definitions-American Indian Vocational Rehabilitation Services-Training and Technical Assistance, 55802-55810 [2020-19925]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 85, Number 176 (Thursday, September 10, 2020)]
[Proposed Rules]
[Pages 55802-55810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19925]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2020-OSERS-0056]


Proposed Priorities and Definitions--American Indian Vocational 
Rehabilitation Services--Training and Technical Assistance

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

ACTION: Proposed priorities and definitions.

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SUMMARY: The Department of Education (Department) proposes priorities 
and definitions to fund an American Indian Vocational Rehabilitation 
Training and Technical Assistance Center (AIVRTTAC), Catalog of Federal 
Domestic Assistance (CFDA) number 84.250Z. The Department may use the 
priorities and definitions for competitions in fiscal year (FY) 2020 
and later years. We take this action to focus Federal financial 
assistance on

[[Page 55803]]

identified national needs and to improve employment outcomes and raise 
expectations for American Indians with disabilities. We intend the 
AIVRTTAC to provide training and technical assistance (TA) to American 
Indian Vocational Rehabilitation Services (AIVRS) project personnel, 
especially vocational rehabilitation (VR) counselors, in order to 
improve their capacity to implement innovative and effective VR 
services and employment strategies and practices to increase the number 
and quality of employment outcomes for American Indians with 
disabilities served through the AIVRS program.

DATES: We must receive your comments on or before October 13, 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 Jerry Elliott, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 5097, 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: Jerry Elliott, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5097, Potomac Center Plaza, 
Washington, DC 20202-2800. Telephone: (202)245-7335. 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 part of the 
priorities or definition that each comment addresses. In addition to 
your general comments and recommended clarifications, we seek input as 
to whether entities who may apply under this competition would have the 
ability to meet Proposed Priority 2, which is consistent with option 
(f) of the Secretary's Final Supplemental Priorities and Definitions 
for Discretionary Grant Programs, published in the Federal Register on 
March 2, 2018 (83 FR 9096), related to matching support, and if so, 
whether that priority should be included as an absolute priority, 
competitive preference priority, or an invitational priority and what 
the level of matching support should be.
    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 and definitions. Please let us know of any 
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. Due to the current COVID-19 pandemic, the Department 
buildings are currently not open. However, upon reopening, you may also 
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 and definitions. 
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 the AIVRTTAC program is to 
provide training and TA to governing bodies of Indian Tribes, or 
consortia of those governing bodies, that have received an AIVRS grant 
under section 121(a) of the Rehabilitation Act of 1973, as amended 
(Act). Under section 121(c)(2) of the Act, the Commissioner of the 
Rehabilitation Services Administration (RSA) makes grants to, or enters 
into contracts or other cooperative agreements with, entities that have 
experience in the operation of AIVRS projects to provide such training 
and TA on developing, conducting, administering, and evaluating these 
projects.
    Program Authority: 29 U.S.C. 741(c).
    Applicable Program Regulations: 34 CFR part 371.

Proposed Priorities

    This notice contains two proposed priorities.

Background

    Section 121(c)(1) of the Act requires the Commissioner of RSA to 
reserve not less than 1.8 percent and not more than 2 percent of the 
funds set aside for the AIVRS program under section 110(c)(1) from the 
amount appropriated to the State VR program under section 100(b)(1) of 
the Act to provide training and TA to governing bodies of Indian Tribes 
and consortia of those governing bodies that have received an AIVRS 
grant, as well as their personnel.
    Under section 121(a) of the Act, the Department funds 92 active 
AIVRS projects that provide VR services to American Indians with 
disabilities who reside on or near a Federal or State reservation, 
consistent with each individual's strengths, resources, priorities, 
concerns, abilities, capabilities, interests, and informed choice, so 
that they may prepare for, and engage in, high-quality competitive 
integrated employment that will increase opportunities for economic 
self-sufficiency. In FY 2015, the Department funded one grant under 
section 121(c) for an AIVRTTAC to provide training and TA to the AIVRS 
projects.
    The AIVRTTAC funded in FY 2015 has provided intensive, sustained 
TA; targeted, specialized TA; and universal, general TA to governing 
bodies of Indian Tribes that have received an AIVRS grant and to the 
personnel of the AIVRS projects in the following topic areas:
    (a) Applicable laws and regulations governing the AIVRS program.
    (b) Promising practices for providing VR services to American 
Indians with disabilities.
    (c) Delivering VR services to American Indians with disabilities, 
including the determination of

[[Page 55804]]

eligibility, case management, case record documentation, assessment, 
development of the individualized plan for employment (IPE), and 
placement into competitive integrated employment.
    (d) Assistive technology (AT), including what AT is, how to 
evaluate the need for AT, use of AT, and access to AT.
    (e) Implementing professional development practices to ensure 
effective project coordination, administration, and management.
    (f) Implementing appropriate financial and grant management 
practices to ensure compliance with the Office of Management and 
Budget's (OMB) Uniform Guidance (2 CFR 200) and the Education 
Department General Administrative Regulations (EDGAR).
    (g) Evaluating project performance, including data collection, data 
analysis, and reporting.
    Also, in FY 2015, RSA used a different funding source, section 21 
of the Act, to fund one grant for a Vocational Rehabilitation Training 
Institute for the Preparation of Personnel in American Indian 
Vocational Rehabilitation (the Institute). The Institute was designed 
to provide a structured program of VR training to personnel of the 
AIVRS projects to improve the delivery of VR services to American 
Indians with disabilities. The Institute included in its training a 
series of courses specifically geared toward building foundational 
skills that, when satisfactorily completed, led to a VR certificate 
awarded by the Institute. The Institute's training was intentionally 
different in scope and sequence than was the training and TA provided 
by the AIVRTTAC funded in FY 2015, which provided more concentrated 
short-term training in specific areas.
    Together, the AIVRTTAC and the Institute comprise the totality of 
RSA-funded training and TA to the AIVRS projects to date.
    Both projects funded in FY 2015 are now in their fifth and final 
year of operation, and both have proven to be successful in delivering 
training and TA to the AIVRS projects. For example, as of the second 
quarter of grant year five, the Institute provided outreach to 2,093 
participants, almost seven times the outreach goal; and enrolled 226 
personnel from 61 AIVRS programs in multiple offerings of thirteen 
different courses, exceeding their goal by more than 10 percent.
    The AIVRTTAC has developed and delivered intensive TA to 23 AIVRS 
projects to date. Thirteen AIVRS projects have completed all intensive 
TA activities included in the intensive TA agreement. Ten AIVRS 
projects are currently working on intensive TA activities. 
Additionally, there are four AIVRS projects currently developing 
requests for intensive TA. The AIVRTTAC has developed 41 products or 
tools to support the provision of intensive, targeted, and universal 
TA, with 21 more products and tools under development.
    The grantees that participated in intensive TA are showing 
improvements in the documentation of service records and the provision 
of VR services to project participants. For example, among grantees 
that participated in intensive TA, documentation that participants had 
been notified of their rights and responsibilities increased from 33 
percent to 100 percent. Similarly, external partnerships increased 
significantly, including partnerships with schools (increased from 0 to 
6) and businesses (increased from 0 to 25), as well as training events 
with business partners (increased from 0 to 18).
    Each intensive TA plan is customized to the individual needs of the 
AIVRS project and targets areas of improvement based on input and 
requests from the project staff and areas of need identified by the 
pre-TA service record review. During on-site and desk monitoring of the 
two TA centers and of the AIVRS projects conducted over several years, 
RSA has observed the need to continue to assist AIVRS personnel to work 
more effectively with American Indians with disabilities and to fulfill 
their roles as VR counselors, VR support personnel, and project 
administrators. There are four factors that contribute to this need. 
First, many of the personnel employed by AIVRS projects live in rural 
and remote communities. While many of these individuals have relevant 
experience in social service fields, they have not been able to obtain 
formal training in rehabilitation counseling.
    Second, the remote locations of many AIVRS projects not only make 
it difficult for local personnel to obtain further training due to 
distance and cost, but they also make it difficult to recruit VR 
counselors from other locations to work for AIVRS projects.
    Third, the AIVRS program requires projects to give a preference in 
hiring to American Indians, with a special priority being given to 
American Indians with disabilities. While American Indians may be 
knowledgeable of American Indian cultural practices and norms, this 
preference in hiring requirement makes it difficult to find VR 
counselors who have experience with VR and who are also familiar with 
the Indian Tribe's particular cultural practices and norms.
    Fourth, the AIVRS projects have historically had high personnel 
turnover rates. The need for basic training and skills development is 
ongoing as new personnel are hired.
    Based on these factors, RSA determined that AIVRS personnel could 
benefit from a structured training program focused on the VR process 
and practices and the unique skills and knowledge necessary to improve 
employment outcomes for this population. For example, AIVRS personnel 
require a better understanding of how various disabilities affect an 
individual's ability to participate in competitive employment, how to 
interview and evaluate the eligibility of prospective AIVRS consumers 
respectfully and appropriately, how to develop a reasonable and 
achievable IPE, how to effectively manage the VR services and supports 
provided to the individual identified in the IPE, how to obtain and use 
accurate labor market information to understand the skill needs and 
demands of local employers, and how to develop employment opportunities 
to meet those demands that are at appropriate skill levels and 
consistent with the consumer's aspirations, as documented in the IPE. 
AIVRS personnel also need to understand how job training, reasonable 
accommodations, and assistive technology help individuals with 
disabilities to pursue, obtain, and retain competitive employment. In 
addition, project administrators would benefit from training in areas 
such as financial management and accountability, performance 
measurement, and case management.
    To help determine funding priorities, section 121(c)(3) of the Act 
requires RSA to survey the governing bodies of Indian Tribes operating 
AIVRS projects to identify their training and TA needs. To do that, RSA 
considered the results of the needs survey each AIVRS project submitted 
as part of the most recent annual performance report (APR) and the 
results of the Tribal consultation on this competition undertaken by 
RSA. Analysis of APR survey results over four years showed continuing 
demand for almost all topics, even though the relative demand for 
various topics shifted somewhat from the initial survey conducted in 
2015. Training is consistently requested on applicable laws, outreach 
to veterans, eligibility determination, and IPE development. In 
addition, there has recently been an increase in requests for training 
on Federal regulations applying to grants management, strategies for 
working with

[[Page 55805]]

individuals with physical and mental disabilities, budget management, 
case management, case record documentation, outreach to underserved 
populations regarding disability and institutionalized potential 
consumers, VR services, and AIVRS data collection and reporting.
    Tribal Consultation: RSA conducted Tribal consultation on this 
competition in two primary ways. First, RSA conducted targeted 
consultation at a conference of the Consortia of Administrators for 
Native American Rehabilitation (CANAR) in December 2019. The conference 
is for AIVRS project directors--the personnel who had been served by 
both the AIVRTTAC and the Institute and would be served by the new 
training and TA grantee. RSA conducted an open Tribal input session on 
December 5, 2019 and invited a small focus group of AIVRS project 
directors to provide input on December 3, 2019.
    Second, RSA issued a request for consultation to all Tribal leaders 
through the Department's Office of Indian Education's listserve on 
December 4, 2019. This request was open for 31 days and asked for 
responses by January 3, 2020. A second request for consultation was 
sent to the Tribal leaders and AIVRS project directors of Tribes 
operating AIVRS projects. This request was open from December 9, 2019, 
through January 9, 2020.
    The Tribal requests for consultation consisted of a survey of the 
topics and methodologies used by the current TA providers--AIVRTTAC and 
the Institute--as well as open-ended questions about how training and 
TA could be improved or changed. The results of the Tribal consultation 
survey and the input from the Tribal consultation focus groups showed 
support for continuing both the activities of the AIVRTTAC and the 
Institute and for continuing the specific topics addressed by each 
entity. There was also support for continuing the training delivery 
models developed by both entities.
    The structure of training and TA was also discussed during the 
Tribal consultation. The structural issue involved deciding whether to 
combine the types of training and TA provided by the AIVRTTAC and the 
Institute into a single project. There was no consensus on whether to 
change the structure of the AIVRTTAC project funded under a new 
competition. Tribal consultation input included support for combining 
the two projects and for retaining them separately.
    Tribal consultation input indicated that some AIVRS project 
personnel wanted a single AIVRS website where AIVRS related material 
could be retained, archived, and accessed in a single location. The 
Tribal consultation also included suggestions for additional training 
and TA needs that will be incorporated into the final priority and the 
cooperative agreement.

Proposed Priority 1

Background

    RSA proposes for the FY 2020 competition to continue to build upon 
the functions and activities of both the AIVRTTAC and the Institute but 
combine these functions into a single grant. RSA has noted some overlap 
and duplication in the content of the modules developed by the 
Institute and the tools, webinars, and on-site TA delivered by the 
AIVRTTAC, as well as duplication of overhead functions such as 
maintaining two websites. In addition, while funding available for 
training and TA under section 121(c) of the Act has increased, overall 
funding for training and TA for the AIVRS projects has decreased, 
because the Act's section 21 funds that were used for the Institute in 
FY 2015 will not be available as they have been redirected to other 
priorities in FY 2020. We believe that a single grantee will be able to 
work within funding limitations to reduce administrative inefficiencies 
and deliver effective training and TA using identified and potentially 
new methods and modules.
    Proposed priority 1 is designed to assist AIVRS projects to 
implement-- (1) efficient and effective project and resource management 
techniques to increase the numbers of, and improve the skills of, VR 
counselors and other service delivery personnel; and (2) innovative 
employment and support strategies provided by these personnel to 
improve employment outcomes and career advancement for individuals with 
disabilities. The AIVRTTAC funded under this priority would do this 
by--
     Developing current and, to the extent possible, evidence-
based training modules for use with AIVRS projects, both for use as 
part of VR education programs and certificate programs, and as stand-
alone modules;
     Providing on-site and other direct training and guidance 
to individual AIVRS projects and Tribal governments to implement best 
practices and training module content; and
     Through both academic content and direct TA, providing 
AIVRS project managers, professionals, and paraprofessionals with the 
knowledge to meet the unique needs of American Indians with 
disabilities.
    Consistent with the Secretary's priorities, proposed priority 1 is 
designed to implement strategies that ensure Department funds are spent 
in a way that increases their efficiency and cost effectiveness, 
including by reducing waste or achieving better outcomes.

Proposed Priority 1

American Indian Vocational Rehabilitation Services--Training and 
Technical Assistance Program

    This priority would fund a five-year cooperative agreement to 
establish an American Indian Vocational Rehabilitation Training and 
Technical Assistance Center (AIVRTTAC) to provide four types of 
training and technical assistance (TA) for the personnel of the 
American Indian Vocational Rehabilitation Services (AIVRS) projects 
awarded under section 121(a) of the Rehabilitation Act of 1973, as 
amended (Act), to the governing bodies of Indian Tribes. The four types 
of training and TA are: (1) Intensive, sustained training and TA; (2) 
targeted, specialized training and TA; (3) universal, general training 
and TA; and (4) capacity-building for AIVRS project personnel through 
training modules that build foundational skills for the delivery of VR 
services to AIVRS project participants. The AIVRTTAC will develop and 
provide these types of training and TA for AIVRS projects in the 
following topic areas:
    (a) Applicable laws and regulations governing the AIVRS program.
    (b) Promising practices for providing VR services to American 
Indians with disabilities.
    (c) The delivery of VR services to American Indians with 
disabilities, including the determination of eligibility, case 
management, case record documentation, assessment, development of the 
individualized plan for employment, and placement into competitive 
integrated employment.
    (d) Knowledge of assistive technology (AT), including the 
definition of AT, how to evaluate the need for AT and what types of AT 
are available, use of AT, and access to AT.
    (e) Implementing professional development practices to ensure 
effective project coordination, administration, and management.
    (f) Implementing appropriate financial and grant management 
practices to ensure compliance with OMB's Uniform Guidance (2 CFR part 
200) and the Education Department General Administrative Regulations.

[[Page 55806]]

    (g) Evaluating project performance, including data collection, data 
analysis, and reporting.
    Specific subjects for training and TA in each of these topic areas 
will be identified on an annual basis and in coordination with RSA.

Project Activities

    To be considered for funding under this priority, applicants must 
conduct the following activities, or a subset of the following 
activities as determined by the Department, in a culturally appropriate 
manner:
    (a) Maintain and build upon the 12 training modules and the fiscal 
tool kit developed by the Institute in the previous grant cycle, 
including maintaining the series of seven training modules that build 
foundational skills that, when satisfactorily completed, lead to a VR 
certificate to be awarded by the AIVRTTAC. To satisfy this activity 
requirement, the grantee--
    (i) May determine whether the VR certificate awarded will be 
academic or non-academic, the requirements for obtaining such a 
certificate, and how the certificate may be used by the participants 
who earned it;
    (ii) May offer the series of training modules in a traditional 
classroom setting, through distance learning, through week-long 
institutes, at regional trainings throughout the country as an 
extension of national conferences, and through other delivery methods, 
as appropriate, to meet the needs of the targeted audience;
    (iii) May use grant funds to provide reasonable financial 
assistance for the cost of tuition and fees and training materials and 
to offset costs associated with travel for participants who may be in 
remote areas of the country;
    (iv) Must conduct an assessment before and after providing training 
for each participant in order to assess strengths and specific areas 
for improvement, educational attainment and application of skills, and 
any issues or challenges to be addressed post-training to ensure 
improved delivery of VR services to American Indians with disabilities;
    (v) Must provide follow-up TA to participants to address any issues 
or challenges that are identified post-training and to ensure that the 
training they received is applied effectively in their work setting, 
and such follow-up may be conducted as part of the provision of 
targeted or intensive TA as determined by the needs of the specific 
AIVRS project;
    (vi) Must conduct an evaluation to obtain feedback on the training 
and follow-up TA and to determine whether this training and TA 
contributed to increased employment outcomes for American Indians with 
disabilities; and
    (vii) May develop additional training modules as negotiated through 
the cooperative agreement.
    (b) Maintain and build upon the topics and tools the current 
AIVRRTAC has developed to provide intensive, sustained training and TA. 
To satisfy this activity requirement, the grantee must--
    (i) Develop and provide intensive, sustained training and TA to a 
minimum of three AIVRS projects in the first year. For future years, 
the minimum number of AIVRS projects to receive intensive, sustained 
training and TA will be negotiated through the cooperative agreement;
    (ii) Develop and implement training and TA consistent with AIVRS 
project activities and tailored to the specific needs and challenges of 
the AIVRS project receiving the intensive training and TA;
    (iii) Provide training and TA under an agreement with each AIVRS 
project receiving intensive training and TA that, at a minimum, details 
the purpose of the training and TA, intended outcomes, and requirements 
for the subsequent evaluation of the training and TA; and
    (iv) Assess the results of the training and TA 90 days after its 
completion to ensure that the recipient is able to apply effectively 
the training and TA, identify any issues or challenges in its 
implementation, and provide additional training and TA, either 
virtually or on-site, as needed.
    (c) Maintain and build upon the topics and tools the current 
AIVRTTAC has developed to provide a range of targeted, specialized 
training and TA in the topic areas described in this priority based on 
needs common to multiple AIVRS projects. The new grantee must follow up 
with the recipients of targeted, specialized training and TA it 
provides in order to determine the effectiveness of the training and 
TA;
    (d) Maintain and build upon the topics and tools the current 
AIVRTTAC has developed to provide universal, general training and TA in 
the topic areas in this priority;
    (e) Provide a minimum of two webinars or video conferences in each 
of the topic areas in this priority to describe and disseminate up-to-
date information, guides, examples, and emerging and promising 
practices in each area;
    (f) Develop new information technology (IT) platforms and systems, 
or modify existing platforms and systems, as follows:
    (i) Develop or modify, and maintain, a state-of-the-art IT platform 
capable and reliable enough to support webinars, teleconferences, video 
conferences, and other virtual methods of dissemination of information 
and TA;
    (ii) Develop or modify, and maintain, a state-of-the-art archiving 
and dissemination system that is open and available to all AIVRS 
projects and that provides a central location for all AIVRS training 
and TA products for later use, including course curricula, audiovisual 
materials, webinars, examples of promising practices related to the 
topic areas in this priority, the primary areas identified through the 
annual surveys completed by AIVRS projects, other topics identified by 
RSA, and other relevant TA products (the possibility of collaborating 
with the National Clearinghouse of Rehabilitation Training Materials 
will be considered with the grantee and included in the cooperative 
agreement, as appropriate);
    (iii) Ensure that all products produced by the AIVRTTAC meet 
government and industry-recognized standards for accessibility; and
    (iv) Ensure that all products, resources, and materials developed 
by the AIVRTTAC are widely disseminated across the AIVRS projects and 
reflect the AIVRS population and diversity among its communities to the 
maximum extent possible.
    (g) Establish a community of practice (or communities of practice) 
that will serve as a vehicle for communication, an exchange of 
information among AIVRS projects, and a forum for sharing the results 
of training and TA projects that are in progress or have been 
completed;
    (h) Conduct outreach to AIVRS projects so that they are aware of, 
and can participate in, training and TA activities; and
    (i) Conduct an evaluation to determine the quality, relevance, and 
usefulness of the AIVRTTAC's training and TA, including the impact of 
the AIVRTTAC's activities on the ability of AIVRS projects to 
effectively manage their projects and improve the delivery of VR 
services to American Indians with disabilities.

Application Requirements

    To be funded under this priority, applicants must meet the 
application requirements in this priority. RSA encourages innovative 
approaches to meet these requirements, which are--
    (a) Demonstrate in the narrative section of the application under 
``Significance of the Proposed Project'' how the proposed project 
will--

[[Page 55807]]

    (1) Use the applicant's knowledge and experience in the operation 
of AIVRS projects in order to provide training and TA for these 
projects;
    (2) Address the AIVRS projects' capacity to effectively implement 
an AIVRS project. To meet this requirement, the applicant must--
    (i) Demonstrate knowledge of emerging and promising practices in 
the topic areas in this priority;
    (ii) Demonstrate knowledge of current RSA guidance and Federal 
initiatives designed to improve the functioning of grant projects in 
general and grant projects for American Indian Tribes in particular; 
and
    (iii) Present information about the difficulties that AIVRS 
grantees have encountered in implementing effective AIVRS projects;
    (b) Demonstrate in the narrative section of the application under 
``Quality of Project Design'' how the proposed project will--
    (1) Achieve its goals, objectives, and intended outcomes. To meet 
this requirement, the applicant must provide--
    (i) Measurable intended project outcomes;
    (ii) A plan for how the proposed project will achieve its intended 
outcomes;
    (iii) A plan for communicating and coordinating with RSA and key 
personnel of AIVRS projects; and
    (iv) A draft training module or outline for a targeted TA training 
presentation or an outline for intensive TA activities for one of the 
topic areas in this priority to demonstrate how participants would be 
trained in that area. The module or outline is a required attachment in 
the application and must include, at a minimum, the following:
    (A) The goals and objectives of this training module, targeted 
training activity, or intensive TA activities;
    (B) A specific list of what participants should know and be able to 
do as a result of successfully completing the module, targeted training 
activity, or intensive TA activities;
    (C) Up-to-date resources, publications, applicable laws and 
regulations, and other materials that may be used to develop the 
module, targeted training activity, or intensive TA activities;
    (D) Exercises that will provide an opportunity for application of 
the subject matter;
    (E) A description of how participant knowledge, skills, and 
abilities will be measured; and
    (F) In the case of an intensive TA intervention, how the outcomes 
and impact of the intensive TA intervention will be measured;
    (2) Use a logic model to develop project plans and activities that 
includes, at a minimum, the goals, activities, outputs, and outcomes of 
the proposed project;
    (3) Be based on current research and make use of emerging and 
promising practices, and evidence-based practices, where available. To 
meet this requirement the applicant must describe--
    (i) The current research on the emerging and promising practices in 
the topic areas in this priority; and
    (ii) How the AIVRTTAC will incorporate current research and 
promising and evidence-based practices, including research about adult 
learning principles and implementation science, in the development and 
delivery of its products and services;
    (4) Develop products and provide services that are of high quality 
and of sufficient intensity and duration to achieve the intended 
outcomes of the proposed project. To address this requirement the 
applicant must describe--
    (i) Its proposed approach to universal, general training and TA;
    (ii) Its proposed approach to targeted, specialized training and 
TA, which must identify--
    (A) The intended recipients of the products and services under this 
approach, including the categories of personnel that would be receiving 
the training and TA;
    (B) Its proposed methods for providing targeted, specialized 
training and TA; and
    (C) Its proposed methodology for determining topics for the 
targeted, specialized training and TA;
    (iii) Its proposed approach to intensive, sustained training and 
TA, which must identify--
    (A) Its proposed approach to identifying recipients for intensive, 
sustained training and TA;
    (B) Its proposed methodology for providing intensive, sustained 
training and TA to recipients; and
    (C) Its proposed approach to assessing the training and TA needs of 
recipients, including their ability to respond effectively to the 
training and TA; and
    (iv) Its proposed approach to maintaining and building upon 
capacity-building modules, which must identify--
    (A) Its proposed approach to maintaining the 12 training modules 
and the fiscal tool kit developed by the Institute in the previous 
grant cycle, including maintaining the series of seven training modules 
that build foundational skills that, when satisfactorily completed, 
lead to a VR certificate to be awarded by the new grantee; and
    (B) Its proposed approach to identifying, developing and delivering 
new capacity-building modules; and
    (5) Develop products and implement services to maximize the 
proposed project's efficiency. To address this requirement, the 
applicant must describe--
    (i) How the proposed project will use technology to achieve the 
intended project outcomes;
    (ii) With whom the proposed project will collaborate and the 
intended outcomes of this collaboration; and
    (iii) In particular, how the proposed project will coordinate and 
collaborate with other RSA-funded technical assistance centers to 
exchange and adapt relevant products and materials to avoid duplication 
and make effective use of grant funds to better manage the AIVRTTAC 
project and its available resources to improve service delivery to 
AIVRS projects;
    (c) Demonstrate in the narrative section of the application under 
``Adequacy of Project Resources'' how--
    (1) The applicant and any key partners possess adequate resources 
to carry out the proposed activities; and
    (2) The proposed costs are reasonable in relation to the 
anticipated results and benefits;
    (d) Demonstrate in the narrative section of the application under 
``Quality of Project Personnel'' how--
    (1) The proposed project will encourage applications for employment 
from persons who are members of groups that have historically been 
underrepresented based on race, color, national origin, gender, age, or 
disability, as appropriate; and
    (2) The proposed key project personnel, consultants, and 
subcontractors have the qualifications and experience to provide 
training and TA to AIVRS projects in each of the topic areas in this 
priority and to achieve the project's intended outcomes, including how 
the proposed project personnel have a high degree of knowledge and 
understanding of cultural factors that will be sufficient to ensure the 
delivery of training and TA in a culturally appropriate manner;
    (e) Demonstrate in the narrative section of the application under 
``Quality of the Management Plan'' how the proposed management plan 
will ensure that the project's intended outcomes will be achieved on 
time and within budget. To address this requirement, the applicant must 
describe--
    (1) Clearly defined roles and responsibilities for two full-time 
key

[[Page 55808]]

project personnel designated to the AIVRTTAC through the entire project 
period and for consultants and subcontractors, as applicable;
    (2) Timelines and milestones for accomplishing the project tasks;
    (3) Using a personnel loading chart, detailed project activities 
through the entire project period, key personnel and any consultants or 
subcontractors that will be allocated to each activity, and the 
designated level of effort for each of those activities;
    (4) How the personnel allocations in the personnel loading chart 
are appropriate and adequate to achieve the project's intended 
outcomes, including an assurance that all personnel will communicate 
with stakeholders and RSA in a timely fashion;
    (5) How the proposed management plan will ensure that the training 
and TA products developed through this cooperative agreement are 
complete, accurate, and of high quality; and
    (6) How the proposed project will benefit from a diversity of 
perspectives, including AIVRS projects and consumers, State VR 
agencies, TA providers, and policy makers, in its development and 
operation; and
    (f) Demonstrate in the narrative section of the application under 
``Quality of the Evaluation Plan'' how the applicant proposes to 
collect and analyze data on specific and measurable goals, objectives, 
and intended outcomes of the project, including the effectiveness of 
the training and TA provided. To address this requirement, the 
applicant must describe--
    (i) Its proposed evaluation methodologies, including instruments, 
data collection methods, and analyses;
    (ii) Its proposed standards or targets for determining 
effectiveness;
    (iii) How it will use the evaluation results to examine the 
effectiveness of its implementation and its progress toward achieving 
the intended outcomes; and
    (iv) How the methods of evaluation will produce quantitative and 
qualitative data that demonstrate whether the project and individual 
training and TA activities achieved their intended outcomes.

Proposed Priority 2

Background

    In this second priority, RSA proposes a matching requirement to 
increase the vested interest of the grantee in the success of the 
project and to maximize the Federal investment because additional funds 
provided through the match would allow the grantee to support more 
activities. In addition, this matching requirement may provide an 
opportunity for grantees to identify and partner with other entities, 
resulting in cooperative partnerships that could ultimately improve 
sustainability of the projects.

Proposed Priority 2

    Projects that are designed to demonstrate matching support for the 
proposed projects at one or more of the following levels:
    (a) 10 percent of the Federal amount of the grant.
    (b) 20 percent of the Federal amount of the grant.
    (c) 30 percent of the Federal amount of the grant.
    (d) 40 percent of the Federal amount of the grant.
    (e) 50 percent of the Federal amount of the grant.

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)(a)); 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

    We propose the following definitions for use with these proposed 
priorities to ensure that applicants have a clear understanding of how 
these terms are being used.
    Intensive training and technical assistance means training and 
technical assistance provided to the governing bodies of Indian Tribes 
that have received an AIVRS grant and to the current personnel of the 
AIVRS projects 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 personnel and the 
governing bodies of Indian Tribes that have received an AIVRS grant and 
the current personnel of the AIVRS projects 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 governing 
bodies of Indian Tribes that have received an AIVRS grant and to the 
current personnel of the AIVRS projects on a time-limited basis and 
with 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 governing bodies of Indian Tribes that have 
received an AIVRS grant and to the current personnel of the AIVRS 
projects.
    Universal training and technical assistance means training and 
technical assistance broadly available to governing bodies of Indian 
Tribes that have received an AIVRS grant and to the current personnel 
of the AIVRS projects and other interested parties through their own 
initiative, resulting in minimal interaction with training and 
technical assistance center personnel. Universal training and technical 
assistance include generalized presentations, products, and related 
activities available through a website or through brief contacts with 
the training and technical assistance center personnel.
    Final Priorities and Definitions: We will announce the final 
priorities and definitions in a notice 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 the priorities or 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,

[[Page 55809]]

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.
    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 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 and 
definitions 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 and definitions 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 these 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 
priorities 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 receiving comments 
regarding the need to continue to provide both TA and a structured 
training program focused on the VR process and practices and the unique 
skills and knowledge necessary to improve employment outcomes for 
American Indians with disabilities.

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 the 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 the 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 proprietary 
institutions as small businesses if they are independently owned and 
operated, are not dominant in their field of operation, and have total 
annual revenue below $7,000,000. Nonprofit institutions are defined as 
small entities if they are independently owned and operated and not 
dominant in their field of operation. Public institutions are defined 
as small organizations if they are operated by a government overseeing 
a population below 50,000.
    The small entities that this proposed regulatory action would 
affect are public or private nonprofit agencies and

[[Page 55810]]

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 and definitions would be limited 
to paperwork burden related to preparing an application and that the 
benefits of the proposed priorities and definitions would outweigh any 
costs incurred by the applicant. There are very few entities who could 
provide the type of TA required under the proposed priorities. For 
these reasons the 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.

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. 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. 2020-19925 Filed 9-8-20; 4:15 pm]
BILLING CODE 4000-01-P