Final Priority and Requirements-Activities for Traditionally Underserved Populations, 19135-19145 [2021-07524]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Rules and Regulations]
[Pages 19135-19145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07524]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2020-OSERS-0063]


Final Priority and Requirements--Activities for Traditionally 
Underserved Populations

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

ACTION: Final priority and requirements.

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SUMMARY: The Department of Education (Department) announces a priority 
and requirements under the Rehabilitation Act of 1973, as amended 
(Rehabilitation Act) for Activities for Traditionally Underserved 
Populations, Assistance Listing Number 84.315C. The Department may use 
this priority and requirements for competitions in fiscal year (FY) 
2021 and later years. We take this action to focus attention on an 
identified national need to fund activities for traditionally 
underserved populations. Awards will be made to minority entities and 
Indian Tribes to conduct research, training and technical assistance, 
and related activities to improve services under the Rehabilitation 
Act, especially services provided to individuals from minority 
backgrounds. As defined in the Rehabilitation Act, a minority entity 
means an entity that is a historically Black college or university, a 
Hispanic-serving institution of higher education, an American Indian 
tribal college or university, or another institute of higher education 
whose minority student enrollment is at least 50 percent.

DATES: This priority and these requirements are effective May 13, 2021.

FOR FURTHER INFORMATION CONTACT: Kristen Rhinehart-Fernandez, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 5094, Potomac 
Center Plaza, Washington, DC 20202-2800. Telephone: (202) 245-6103. 
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:
    Purpose of Program: Activities for Traditionally Underserved 
Populations are designed to improve the quality, access, delivery of 
services, and the outcomes of those services under the Rehabilitation 
Act, especially services provided to individuals with disabilities from 
minority backgrounds, and also to increase the capacity of minority 
entities and Indian tribes to participate in activities funded under 
the Act.
    Program Authority: 29 U.S.C. 718(b)(2)(B).
    We published a notice of proposed priority and requirements (NPP) 
for this program in the Federal Register on July 22, 2020 (85 FR 
44247). That document contained background information and our reasons 
for proposing the particular priority and requirements.
    Except for minor editorial and technical revisions for grammar and 
clarity and one substantive change explained in the Analysis of 
Comments and Changes that follow, there are no differences between the 
proposed priority and requirements and this final priority and 
requirements.

[[Page 19136]]

    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in Federal 
civil rights laws.
    Public Comment: In response to our invitation in the NPP, six 
parties submitted comments on the proposed priority and requirements.
    Generally, we do not address technical and other minor changes or 
suggested changes the law does not authorize us to make. We group major 
issues according to subject and discuss substantive issues under each 
of the titles under the priority and requirements to which they 
pertain. In addition, we do not address general comments that raise 
concerns not directly related to the proposed priority or requirements.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priority and requirements since publication of 
the NPP follows.
    Comment: Three commenters noted that historic disparities among 
racial and ethnic minorities make this priority particularly relevant 
and urgent. Commenters stated that the impact of these disparities 
emphasizes the critical need for providing vocational rehabilitation 
(VR) services to individuals from traditionally underserved 
populations. Commenters also asserted that this priority has an 
obtainable goal that is important for the inclusion of minorities in 
providing VR services. Further, the commenters elaborated on the 
importance of advocacy efforts to engage and empower traditionally 
underserved and underrepresented communities. One commenter emphasized 
the importance of dismantling racism, ableism, sexism, and bigotry in 
all forms in the pursuit of cultural change within VR agencies and 
services.
    Discussion: The Department agrees that the priority is critical in 
addressing racial and ethnic disparities within VR services. Applicants 
are encouraged to consider all forms of cultural change described in 
paragraph (c)(1)-(6) of the final priority, under Project Activities, 
for developing new or modifying existing cultural competency training 
curricula. However, the focus of this priority is on traditionally 
underserved populations, especially services provided to individuals 
with disabilities from minority backgrounds.
    Changes: None.
    Comment: One commenter noted that empathy, teachability, and open-
mindedness are crucial for the successful development of professional-
consumer relationships.
    Discussion: The Department agrees with the comment and considers 
empathy, teachability, and open-mindedness to be valuable character 
traits in the VR profession rather than specific competencies. 
Applicants are encouraged to consider these character traits, and 
others, as part of developing new or modifying existing cultural 
competency training curricula.
    Changes: None.
    Comment: Some commenters addressed the need for program funding 
that supports individuals interested in studying VR at minority-serving 
institutions (MSIs). Commenters expressed a need for both doctoral and 
graduate level funding to be made available for students at MSIs. 
Commenters stated that expanding funding to MSIs with VR programs would 
assist in building a culturally competent VR workforce and reduce the 
current shortage of diverse VR workforce personnel. One commenter 
specifically recommended funding doctoral programs at MSIs to increase 
the number of trained university professors from minority backgrounds.
    Discussion: The Department agrees with the comments related to the 
necessity of funding VR training programs that serve minorities. The 
Department currently funds Rehabilitation Long Term Training (RLTT) 
programs at Historically Black Colleges and Universities (HBCUs) and 
Hispanic Serving Institutions (HSIs) that are specifically designed to 
provide training in VR for those seeking graduate level degrees. Under 
Assistance Listing Number 84.129, the Department awarded five RLTT 
grants to HSIs and two grants to HBCUs in FY 2019 and, in FY 2020, the 
Department awarded six RLTT grants to HSIs and five grants to HBCUs. 
This final priority, however, requires the dissemination of training 
materials for incorporation into existing curricula, the analysis of 
data collected, evidence-based and promising practices, and lessons 
learned to a variety of stakeholders, including RLTT programs. The 
broad distribution of training materials makes them available to VR 
university professors and instructors, including at MSIs.
    Changes: None.
    Comment: One commenter noted that it would be valuable to establish 
an anonymous yearly performance evaluation tool for VR counselors to 
gather consumer feedback. The commenter suggested that consumer 
feedback could be used to evaluate the success or failure of cultural 
competency training among VR professionals and evaluate consumer job 
placement.
    Discussion: The Department appreciates this suggestion. The 
priority outlines a similar evaluation approach under Project 
Activities, paragraph (j)(2), which states the grantee must assess 
whether the application of cultural competency practices led to 
improvements in policies, approaches, and behaviors in State VR 
agencies through the use of voluntary focus groups or another 
confidential approach. There are multiple approaches that a grantee 
could use to gather anonymous and/or confidential consumer feedback in 
the performance evaluation process, and an applicant's incorporation of 
an approach, such as the one suggested by the commenter, would be 
consistent with the project activities.
    Changes: None.
    Comment: One commenter noted that the focus areas listed in the 
priority, under Project Activities, paragraph (h)(2)(i)-(iv), are all 
beneficial, but some may hold more importance than others. The 
commenter explained that the varying degree of importance for each 
topic area is dependent on the data collected regarding successful and 
unsuccessful closures and identified disparities among minority VR 
participants at respective VR agencies. The commenter asserted that 
each VR agency is exposed to a unique and varying categorization of 
inequalities, which affect the specific needs of the VR agencies and 
ultimately influence the data collection process. The commenter 
expressed concern about the limitation of the focus areas and the 
ability to formulate solutions for identified inequalities from the 
collected data. To remedy the problem, the commenter recommended 
linking the data collection process and the focus areas to best resolve 
and address inequalities within VR agencies. In doing so, the grantee 
would be able to identify how the focus areas directly remedied 
inequalities within VR agencies.
    Discussion: The Department agrees with the commenter that examining 
reasons for successful and unsuccessful closures among minority VR 
program participants and identifying disparities between minority and 
non-minority consumers, as described in the priority under Project 
Activities, paragraph (h)(1), should inform the selected focus areas. 
However, applicants may also be able to use other sources of data to 
inform their selections. For example, under Project Activities, 
paragraph (a), applicants must collect and analyze data, including from 
the RSA-911 and other relevant credible sources, about the minority 
populations and

[[Page 19137]]

subpopulations identified in the application. The Department 
acknowledges that by requiring applicants to select two areas of focus 
in the application, they will have to do so with limited opportunity to 
consider all potential sources of data, including successful and 
unsuccessful closures, to make informed selections. Therefore, the 
grantee will work with the assigned project officer to identify any 
adjustments to planned approaches and activities, based on data 
collected post award, to the selected focus areas.
    Changes: None.
    Comment: One commenter noted the importance of focusing on 
fostering regular interactions with professionals and other individuals 
from diverse cultural backgrounds to allow a greater understanding of 
the needs of underserved populations and barriers to employment.
    Discussion: The Department agrees with the commenter's remarks. 
Informed interactions between VR counselors and paraprofessionals, 
human resource and professional development specialists, and consumers 
from traditionally underserved populations are described in the 
priority under Project Activities. First, focus area (h)(2)(ii) 
emphasizes establishing new partnerships and strengthening existing 
partnerships with community rehabilitation providers, workforce 
programs, and other relevant local community agencies to better meet 
the needs of individuals with disabilities from minority backgrounds. 
Second, focus area (h)(2)(iv) speaks to creating opportunities to 
involve participants from minority populations or subpopulations in the 
establishment of policies and procedures that encourage collaboration 
between State VR agencies and other State agencies. These two focus 
areas encourage and facilitate strong partnerships between individuals 
with disabilities from minority backgrounds and State VR agencies.
    Changes: None.
    Comment: One commenter asked for clarification on whether cultural 
competency training and focus area activities are connected and 
questioned if they should build upon each other. The commenter 
discussed the limitations of training counselors in cultural competency 
without the VR agency fully embracing cultural competency. The 
commenter stressed the importance of connecting cultural competency 
training and agency-level focus areas and recommended adding a focus 
area to emphasize this connection.
    Discussion: The Department agrees that it is important to connect 
cultural competency training at the participant level and at the agency 
level. However, we do not believe that this concept warrants its own 
focus area, because it is woven throughout the priority in the 
following ways: (1) Under Project Activities, paragraph (e), requiring, 
as part of the training, that participants develop action plans to 
continue applying the knowledge, practices, and awareness gained from 
the training in their respective work settings; (2) under Project 
Activities, paragraph (g)(6), assessing participant progress towards 
completing their action plans and providing coaching to address issues 
or challenges, as needed; and (3) under Project Activities, paragraph 
(h), enabling State VR agencies to apply cultural competency practices 
to various activities of State VR agencies. These project activities 
allow for cultural competency training to create change at the 
participant level and the State VR agency level, which demonstrates the 
necessary connection between the two entities.
    Changes: None.
    Comment: One commenter noted the cost and level of effort for 
specific activities in the priority. The commenter highlighted the 
following three focus areas described in the priority under Project 
Activities, paragraph (h)(2), for their multiyear involvement and 
potentially high cost: Establishing new partnerships and strengthening 
existing partnerships, developing business engagement activities, and 
creating opportunities to involve participants from minority 
backgrounds. The commenter also referenced providing training and 
technical assistance on an ongoing basis and noted that the link 
between these activities and the outcomes may be longer term in nature.
    Discussion: The Department acknowledges concerns about cost and 
level of effort for some of the focus areas and agrees that outcomes 
resulting from the training and technical assistance may be longer term 
in nature. However, with regard to providing training and technical 
assistance under paragraph (h)(2)(ii)-(iv), the priority states that 
the grantee must develop products, offer communities of learning, 
conduct webinars, and offer other training and technical assistance on 
delivery methods, as appropriate, related to paragraph (h)(1) and (2) 
and provide follow-up to State VR agencies to support the 
sustainability of cultural competency practices. Therefore, training 
and technical assistance should be developed and delivered in a manner 
that allows for participation from many State VR agencies. Applicants 
are encouraged to select focus areas based on their subject area 
expertise and level of effort and allow for the most cost-effective 
options for developing and delivering training and technical 
assistance. As stated under Application Requirements, paragraph (c) 
``Adequacy of Project Resources,'' proposed costs should be reasonable 
in relation to the anticipated results and benefits.
    Changes: None.
    Comment: One commenter recommended expanding cultural competency 
training to management and leadership personnel rather than limiting 
the training to VR counselors and paraprofessionals, and human resource 
and professional development specialists as described in the priority. 
The commenter explained that management and leadership professionals 
within VR agencies are well positioned to influence system and 
structural inequalities. The commenter noted that structural 
inequalities within service culture and general lack of trust within VR 
agencies could best be addressed by management and leadership 
personnel. The commenter recommended incorporating the involvement of 
management and leadership personnel in cultural competency training to 
effectively reduce agency-level inequality and stimulate effective 
implementation of learned strategies.
    Discussion: The Department agrees with this comment. We support 
involvement of management and leadership personnel in cultural 
competency training and believe it will encourage the participation of 
VR counselors and paraprofessionals, and human resource and 
professional development specialists in cultural competency training. 
Management and leadership personnel likely will sustain the practices 
learned through cultural competency training and ensure that they are 
applied to VR agency-level policies. Sustainability is key to 
implementing government-funded projects after the funding period has 
expired. Incorporating management and leadership personnel in training 
activities will help maintain sustainability at State VR agencies and 
ensure participation in cultural competency trainings.
    Changes: We have expanded the list of participants expected to 
receive cultural competency training to include management and 
leadership personnel under Project Activities and Application 
Requirements. Participants include VR counselors and paraprofessionals, 
human resource and professional development specialists, and VR 
management and leadership personnel working in State VR agencies and 
related agencies.

[[Page 19138]]

    Comment: One commenter suggested that initial data collection 
activities should take place before identifying the specific 
competencies that VR counselors and paraprofessionals, and human 
resource and professional development specialists, should be able to 
demonstrate after successfully completing cultural competency training. 
The commenter asserted that gathering input and feedback from a diverse 
group of stakeholders and subject matter experts to inform curricula is 
a critical phase in developing specific competency indicators.
    Discussion: The Department agrees that gathering input and feedback 
from a diverse group of stakeholders and subject matter experts will 
inform the training curricula and will serve as a valuable tool in 
developing specific competency indicators. However, the Department 
disagrees that initial data collection activities, input, and feedback 
should take place before the identification of specific competencies 
that VR counselors and paraprofessionals and human resource and 
professional development specialists should be able to demonstrate 
after successful completion of cultural competency training. Under 
Application Requirements, ``Significance of the Proposed Project,'' 
paragraph (a)(4)(i), applicants must describe the cultural competencies 
that VR counselors and paraprofessionals, human resource and 
professional development specialists, and VR management and leadership 
personnel must demonstrate to provide high-quality services to 
individuals with disabilities from minority backgrounds. The Department 
believes there is enough reference material to help inform applicants 
in identifying competencies for this project. The Department encourages 
applicants to examine existing research materials regarding cultural 
competency in the workplace. More information can be found in the 
Background section of the NPP. Upon award, the grantee will work with 
the assigned project officer to identify revisions or adjustments to 
the competencies described in the application, as needed, based on data 
collected and input and feedback gathered from diverse stakeholders, 
subject matter experts, and each pilot, during the first year of the 
project. Under Project Activities, paragraphs (d) and (f), the 
Department will clarify that input and feedback from a diverse group of 
stakeholders and subject matter experts and from the pilot may inform 
the competencies.
    Changes: We added ``competencies'' under Project Activities, 
paragraph (d), to the list of items that will be informed by the input 
and feedback from stakeholders. Further, we added ``and competencies'' 
under Project Activities, paragraph (f), with respect to the items to 
which grantees must make revisions, as necessary.
    Comment: One commenter discussed order of selection within VR 
agencies. The commenter suggested that VR agencies are likely to 
implement order of selection over the next few years. The commenter 
expressed concern that implementing an order of selection could further 
limit access to VR services for traditionally underserved populations.
    Discussion: The Department appreciates the commenter's concern 
regarding the effect of the potential implementation of an order of 
selection by VR agencies for VR services for traditionally underserved 
populations. According to section 101(a)(5) of the Rehabilitation Act, 
as amended by title IV of the Workforce Innovation and Opportunity Act, 
and 34 CFR 361.36(a)(1), State VR agencies are required to implement an 
order of selection if they anticipate that they will not have 
sufficient fiscal or personnel resources to fully serve all eligible 
individuals. A State VR agency's decision to establish and implement an 
order or selection would not limit access to VR services for 
individuals with disabilities from traditionally underserved 
populations so long as those individuals are determined eligible for VR 
services and assigned to an open category under the VR agency's order 
of selection policy. Under an order of selection, individuals with the 
most significant disabilities are selected and assigned to the first 
priority category to be served, followed in order by additional 
priority categories determined by the VR agency for those with 
significant disabilities and individuals with disabilities. To the 
extent that individuals with disabilities from traditionally 
underserved populations are determined eligible for VR services and are 
assigned to open categories, they will be served alongside those who 
are not from underserved populations. Finally, it is important to note 
that not all VR agencies are implementing an order of selection and 
those who are may open and close priority categories as resources 
permit.
    Changes: None.
    Comment: One commenter recommended expanding cultural competency 
training to include personnel working for VR agencies, specifically 
community rehabilitation providers and identified business partners.
    Discussion: The Department appreciates the commenter's suggestion. 
In paragraph (h)(2), under Project Activities, applicants must select 
two focus areas. Under focus area (h)(2)(ii), applicants must establish 
new partnerships and strengthen existing partnerships with community 
rehabilitation providers, workforce programs, and other relevant local 
community agencies and organizations to better meet the needs of 
individuals with disabilities from minority backgrounds. Further, under 
focus area (h)(2)(iii), applicants must develop business engagement 
activities for individuals with disabilities from minority backgrounds. 
Applicants may choose to extend cultural competency training to 
community rehabilitation providers and other identified business 
partners under focus areas (h)(2)(ii) and (iii).
    Changes: None.
    Comment: Two commenters recommended additional content areas that 
should be considered in cultural competency training. These included 
the effects of trauma and the effects of poverty on traditionally 
underserved populations. One commenter recommended trauma training for 
VR professionals to understand the role that trauma plays in the 
context of race, national origin, immigration status, and disability. 
The commenter stressed that trauma training would improve relationships 
between VR professionals and consumers from traditionally underserved 
populations. Another commenter encouraged RSA to incorporate the 
effects of poverty on underserved populations in cultural competency 
training curriculum. The commenter explained that working with 
individuals who are living in poverty requires its own form of cultural 
competency. Furthermore, the commenter stressed that understanding 
poverty among minority populations is crucial to reducing systemic 
barriers to accessing and receiving VR services and ultimately gaining 
successful employment. The focus on training in trauma and poverty 
outlines the increased need for trust, understanding, and rapport 
between VR counselors and consumers.
    Discussion: The Department agrees that the intersection of topics 
such as trauma and poverty are important and critical to the 
development of cultural competency curriculum. In FY 2015, the 
Department funded the Vocational Rehabilitation Technical Assistance 
Center: Targeted Communities (VRTAC-TC)--Project E3. This program was

[[Page 19139]]

specifically designed to empower people with disabilities from 
underserved and unserved communities and help them achieve their 
independent living and employment goals. The goal of Project E3 was to 
provide State VR agencies and their partners with the skills and 
competencies needed to effectively and efficiently address barriers to 
competitive integrated employment and community integration encountered 
by persons with disabilities from economically disadvantaged targeted 
communities and high-leverage groups with national applicability. To 
learn more about Project E3, please visit the website (https://projecte3.com/). Applicants may incorporate topics such as trauma and 
poverty into the cultural competency curriculum, as well as other 
relevant topics, they deem critical to the project. For example, in the 
priority, under Project Activities, paragraph (c), applicants must 
develop new or modify existing cultural competency training curricula 
for VR counselors and paraprofessionals and human resource and 
professional development specialists working in State VR agencies and 
related agencies. To satisfy this requirement, the curricula must 
include other critical content as determined by the project, which 
could include poverty or trauma.
    Changes: None.
    Comment: One commenter requested clarification on whether RSA 
requires the applicant to identify a specific minority population that 
will be the focus of cultural competency training.
    Discussion: The Department appreciates the commenter's question. 
Applicants must identify one or more minority population(s) and 
subpopulation(s) that will be the focus of the cultural competency 
training. Under Project Activities, paragraph (a), applicants must 
collect and analyze data about the minority populations and 
subpopulations identified in the application, and in paragraph (b) 
applicants must share the data about the identified minority 
populations and subpopulations. Applicants are strongly encouraged to 
incorporate foundational concepts, definitions, principles, and 
practices that address structural and systemic racism more broadly in 
the cultural competency training including history, relevant 
experiences, and subject matter expertise, as appropriate. Applicants 
may refer to Project Activities, paragraph (c), for further details 
about the content of the training.
    Changes: None.

Application Requirements

    Comment: One commenter expressed concern regarding a cost-sharing 
requirement as well as an eight percent limitation on indirect costs 
and the disadvantage this may create for applicants representing MSIs. 
The commenter explained that MSIs are currently confronting significant 
uncertainty because of the COVID-19 pandemic, which could result in a 
low yield of applicants from MSIs for this competition. The commenter 
also noted that the short turnaround time on grant application 
materials could further limit applications.
    Discussion: The Department appreciates the concern regarding a 
possible cost share requirement and recognizes that this could result 
in a disadvantage for minority entities in this competition. As 
reflected in the notice inviting applications (NIA) for this program, 
published elsewhere in this issue of the Federal Register, there is no 
cost share or matching requirement for this competition. In addition, 
also as reflected in the NIA, the Department has determined that the 
applicable indirect cost rate for this grant is an unrestricted 
indirect cost rate, rather than the eight percent indirect cost rate 
for educational training grants. Finally, the deadline for transmittal 
of applications is 60 days from the date of publication in the Federal 
Register.
    Changes: None.
    Comment: One commenter raised a question concerning training versus 
technical assistance for this priority. The commenter noted that 
training is a crucial aspect of the ``Quality of Project Design'' 
section under the Proposed Application Requirements. The commenter also 
noted that technical assistance (TA) is mentioned in the ``Quality of 
Project Design'' section and questioned whether technical assistance 
refers to universal TA or targeted TA activities. The commenter asked 
whether intensive TA activities would be considered for this priority.
    Discussion: The purpose of this project is to improve the delivery 
of VR services to, and the employment outcomes of, individuals with 
disabilities from minority backgrounds. This project is not a training 
and technical assistance center, and the goal of this project is not to 
provide intensive, targeted, or universal technical assistance. Rather, 
applicants should focus project design efforts on describing how 
cultural competency training will be provided to VR counselors and 
paraprofessionals, and human resource and professional development 
specialists working in State VR agencies. Under Project Activities, 
paragraph (h)(3), applicants must develop products, offer communities 
of learning, conduct webinars, and offer other training and technical 
assistance delivery methods, as appropriate. It is at the applicant's 
discretion to select technical assistance delivery methods that will 
achieve the intended outcomes of the project.
    Changes: None.

Technical Changes

    Comment: None.
    Discussion: We are revising the priority and requirements to 
accurately reflect that all material produced by the project must be 
accessible to individuals with disabilities in accordance with section 
504 of the Rehabilitation Act and title II of the Americans with 
Disabilities Act, as applicable.
    Changes: We have revised Project Activities, paragraph (k)(2), and 
Application Requirements, ``Adequacy of Project Resources,'' paragraph 
(c)(2), to reflect this change.
    Comment: None.
    Discussion: We are revising the Regulatory Flexibility Act 
Certification section to accurately reflect that the small entities 
that this regulatory action will affect are minority entities and 
Indian Tribes, which are the eligible applicants for this competition.
    Change: We have revised the types of small entities listed in the 
Regulatory Flexibility Act Certification section.
    Comment: None.
    Discussion: We are revising the language regarding 
nondiscrimination requirements and we are moving it into the 
Department's standard language to convey its general applicability.
    Change: Under Application Requirements, ``Quality of Project 
Personnel'' we have removed paragraph (d)(2). Under Program Authority, 
we added a note stating that projects will be awarded and must be 
operated in a manner consistent with the nondiscrimination requirements 
contained in Federal civil rights laws.
    Comment: None.
    Discussion: Executive Order 13985, ``Advancing Racial Equity and 
Support for Underserved Communities Through the Federal Government,'' 
(86 FR 7009) issued January 20, 2021, states, ``Affirmatively advancing 
equity, civil rights, racial justice, and equal opportunity is the 
responsibility of the whole of our Government. Because advancing equity 
requires a systematic approach to embedding fairness in decision-making 
processes, executive departments and agencies must recognize and work 
to redress inequities

[[Page 19140]]

in their policies and programs that serve as barriers to equal 
opportunity.'' This priority addresses equity in providing services by 
State VR agencies, which is in line with the Executive order. The 
technical changes described below further align with and support the 
Executive order. We modified language to be more specific and to 
strengthen requirements associated with the training curricula so that 
applicants may formulate training content that will improve cultural 
competency in State VR agencies under Project Activities, paragraphs 
(c)(1), (2)(ii), and (2)(iii).
    Changes: We have replaced the term ``systemic inequalities'' with 
the term ``systemic racism'' under Project Activities, paragraph 
(c)(1). We have added the term ``dynamics of oppression on an 
individual'' under Project Activities, paragraph (c)(2)(ii). We have 
added the term ``microaggressions'' under Project Activities, paragraph 
(c)(2)(iii).

Final Priority

Improving the Delivery of Vocational Rehabilitation Services to, and 
the Employment Outcomes of, Individuals With Disabilities From Minority 
Backgrounds

    This priority funds a five-year cooperative agreement to focus on 
changing the status quo and improving outcomes for individuals with 
disabilities from minority backgrounds through providing cultural 
competency training and promoting application for Vocational 
Rehabilitation (VR) leadership and staff, collecting and analyzing 
relevant data, evaluating cultural competency training, and 
disseminating evidence-based practices. VR counselors and 
paraprofessionals, human resource and professional development 
specialists, and VR management and leadership personnel working in 
State VR agencies and related agencies need to be adequately prepared 
to effectively meet the needs of individuals with disabilities, 
especially those from minority backgrounds.
    Project Activities:
    To be considered for funding under this priority, applicants must, 
at a minimum, propose a project that will conduct the following 
activities in a culturally appropriate manner:
    (a) Collect and analyze data, including from RSA-911 data \1\ and 
other relevant sources, about the minority populations and 
subpopulations identified in the application. Data may include, but is 
not limited to, employment outcomes, earnings, retention, length of 
time in VR, challenges or barriers to employment and retention, 
education, and other relevant data, as available;
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    \1\ The RSA-911 collects a variety of participant 
characteristics (sex, age, race, disability, health insurance, 
education level, etc.), barriers to employment (ex-offender, 
homeless, single parent, etc.), services provided (career, training, 
and other services), duration of VR case, employment status at the 
time of exit from the program, and employment status post-exit.
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    (b) Share the data about the identified minority populations and 
subpopulations with RSA, State VR agencies, RSA VR technical assistance 
centers, and other relevant partners and stakeholders;
    (c) Develop new or modify existing cultural competency training 
curricula for VR counselors and paraprofessionals, human resource and 
professional development specialists, and VR management and leadership 
personnel working in State VR agencies and related agencies. To satisfy 
this requirement, the curricula must--
    (1) Contain knowledge, critical awareness, and skills development 
that confront structural and systemic racism;
    (2) Address:
    (i) Actions that lead to change, such as full inclusion and 
participation in the mainstream of society, an individual's right to 
pursue a meaningful career, respect for self-determination and informed 
choice, and competitive employment;
    (ii) Exploration of unconscious and conscious biases, privilege, 
stereotypes, prejudicial attitudes, and the dynamics of oppression on 
an individual; and
    (iii) Examination of microaggressions, service culture, policies 
and practices, and lack of trust in the State VR agency;
    (3) Incorporate principles of person-centered planning;
    (4) Incorporate culturally appropriate and culturally sensitive 
training methods;
    (5) Include evidence-based \2\ content, to the extent possible; and
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    \2\ 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).
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    (6) Include other critical content, as determined by the project;
    (d) Gather input and feedback from a diverse group of stakeholders 
and subject matter experts to inform the curricula, competencies, 
training and application, and evaluation, including RSA, State VR 
agencies, and other relevant partners;
    (e) Require, as part of the training, that participants develop 
action plans to continue applying the knowledge, practices, and 
awareness gained from the training in their respective work settings;
    (f) Create two cohorts to pilot the cultural competency training by 
the end of the first year and evaluate the results. The cohorts must be 
comprised of VR counselors and paraprofessionals, human resource and 
professional development specialists, and VR management and leadership 
personnel working in State VR agencies and related agencies. For the 
first cohort, the grantee must collect pre- and post-assessments and 
feedback from participants. After the first cohort, the grantee must 
make revisions and improvements to the training curricula and 
competencies, as necessary. The grantee must then test the training in 
a second cohort to determine if the revisions and improvements worked.
    (g) Deliver cultural competency training to VR counselors and 
paraprofessionals, human resource and professional development 
specialists, and VR management and leadership personnel working in 
State VR agencies and related agencies in years two, three, four, and 
five. To meet this requirement, the grantee will--
    (1) Conduct outreach to VR counselors and paraprofessionals, human 
resource and professional development specialists, and VR management 
and leadership personnel working in State VR agencies and related 
agencies so that they are aware of, and can participate in, cultural 
competency training;
    (2) Offer training using a variety of methods such as a traditional 
classroom setting, distance learning facilitated by qualified 
instructors, regional trainings, and through other delivery methods, as 
appropriate, to meet the needs of the targeted audience;
    (3) Use an online learning platform that is user friendly, 
compatible with most mobile devices and State VR agency platforms, and 
meets government and industry-recognized standards for accessibility 
and cybersecurity;
    (4) Use grant funds to offset costs associated with travel for 
participants, as needed;
    (5) Conduct an assessment before and after providing training for 
each participant to establish baseline knowledge, and assess strengths 
and specific areas for improvement, attainment, and application of 
skills, and any issues or challenges to be addressed post-training to 
ensure improved delivery of VR services to the minority populations and 
subpopulations identified in the application;

[[Page 19141]]

    (6) Assess participant progress towards completing their action 
plans and provide coaching to address issues or challenges, as needed; 
and
    (7) Offer continuing education units (CEUs), Commission on 
Rehabilitation Counseling Credit (CRCC), Certified Rehabilitation 
Counselor (CRC) credit, a certificate of completion, or another form of 
documentation or verification, as appropriate, to participants that 
successfully complete the training and fulfill their action plans.
    (h) Enable State VR agencies to apply cultural competency practices 
to various activities of State VR agencies. In Assume Nothing! A 
Monograph from the 38th Institute on Rehabilitation Issues to Address 
Underserved Populations, Including Individuals Who Are Deaf-Blind 
(2014), several recommendations were offered to help State VR agencies 
remove attributes of service design and delivery that may result in 
inequality. In line with those recommendations, to meet this 
requirement, applicants must--
    (1) Examine reasons for successful and unsuccessful closures among 
minority VR program participants and identify disparities between 
minority and non-minority participants; and collaborate and share data 
on the disparities between minority and non-minority participants with 
State VR agencies and the VR-TA Center-Quality Management (VRTAC-QM) 
and VR TA Center-Quality Employment (VRTAC-QE), which began on October 
1, 2020, to inform their work with State VR agency personnel to ensure 
that management decisions are established that support sustainable 
changes in the way outreach, intake, and VR services are provided based 
on the cultural competency training VR personnel receive;
    (2) Select two of the following focus areas--
    (i) Update or revise existing policies and procedures or develop 
new action plans to strengthen and improve delivery of services in a 
culturally appropriate and culturally sensitive manner;
    (ii) Establish new partnerships and strengthen existing 
partnerships with community rehabilitation providers, workforce 
programs, and other relevant local community agencies and organizations 
(i.e., agencies and organizations that provide services related to 
behavior and mental health, substance dependence, and intellectual 
developmental disabilities) to better meet the needs of individuals 
with disabilities from minority backgrounds;
    (iii) Develop business engagement activities for individuals with 
disabilities from minority backgrounds;
    (iv) Create opportunities to involve participants from minority 
populations, or subpopulations, as appropriate, in the establishment of 
policies and procedures that encourage collaboration between State VR 
agencies and other State agencies;
    (v) Develop opportunities for staff development and retention 
designed to provide new and existing VR counselors and 
paraprofessionals, human resource and professional development 
specialists, and VR management and leadership personnel from minority 
populations and subpopulations with peer-to-peer mentorship, as well as 
guidance and support they may need to be successful; and
    (vi) Any other activity that improves delivery of services to and 
outcomes for individuals with disabilities from minority backgrounds;
    (3) Develop products, offer communities of learning, conduct 
webinars, and offer other training and technical assistance delivery 
methods, as appropriate, related to (1) and (2) above; and
    (4) Follow up with State VR agencies to support the sustainability 
of cultural competency practices;
    (i) Gather input and feedback from a diverse group of stakeholders 
and subject matter experts to inform the training curricula, 
application of cultural competency practices in each selected area of 
focus, the evaluation, the products developed, and the collaborative 
work with RSA, State VR agencies, and other relevant partners;
    (j) Evaluate the project. To satisfy this requirement, the grantee 
must--
    (1) Assess whether cultural competency training provided to VR 
counselors and paraprofessionals, human resource and professional 
development specialists, and VR management and leadership personnel 
working in State VR agencies and related agencies contributed to 
improvements in the delivery of services to and employment outcomes for 
individuals with disabilities from minority backgrounds;
    (2) Assess whether the application of cultural competency practices 
led to improvements in policies, approaches, and behaviors in State VR 
agencies;
    (3) Through voluntary focus groups, use of a unique identifier, or 
another approach that adheres to participant confidentiality 
requirements in 34 CFR 361.38, gather input and feedback from VR 
program participants who identify as members of the minority 
populations or subpopulations described in the application about their 
experiences to assess whether the cultural competency training and 
application of cultural competency practices contributed to 
improvements in the delivery of service; and
    (4) Develop a plan for an evaluation that includes, but is not 
limited to, approaches and methodologies, timelines, instruments, or 
tools that will be used, a timeline for the evaluation and measurement 
benchmarks, and a process for gathering feedback from VR counselors and 
paraprofessionals, human resource and professional development 
specialists, VR management and leadership personnel, and State VR 
agencies for continuous improvement throughout years two, three, four, 
and five of the project;
    (k) Develop and maintain a state-of-the-art archiving and 
dissemination platform, or modify an existing platform, that is open 
and available to all VR counselors and paraprofessionals, human 
resource and professional development specialists, VR management and 
leadership personnel, and State VR agencies. To meet this requirement, 
the grantee must--
    (1) Ensure the archiving and dissemination platform provides a 
central location for all materials related to the project, such as data 
collection, reports, training curricula, audiovisual materials, 
webinars, communities of learning, examples of evidence-based and 
promising practices related to the selected areas of focus, and other 
relevant material;
    (2) Ensure that all materials developed by the project are 
accessible to individuals with disabilities in accordance with section 
504 of the Rehabilitation Act and title II of the Americans with 
Disabilities Act, as applicable;
    (3) Disseminate information about the project, including products 
such as outreach, training curricula, presentations, reports, outcomes, 
and other relevant information through RSA's National Clearinghouse of 
Rehabilitation Training Materials (NCRTM) (https://ncrtm.ed.gov/);
    (4) In the final year budget period, ensure the archiving and 
dissemination platform can be sustained or coordinate with RSA to 
transition the platform to the NCRTM so that it may be archived and 
accessible to all after the grant ends;
    (5) Disseminate, to all State VR agencies, RSA-funded 
Rehabilitation Long-Term Training projects and TA Centers, Department-
funded programs, and Federal partners, as applicable, the training 
material for incorporation into existing curricula, as well as 
products, analysis of data collected, evidence-

[[Page 19142]]

based and promising practices, and lessons learned. To satisfy this 
requirement, the grantee must--
    (i) Develop participant guides, implementation materials, toolkits, 
manuals, and other relevant material for instructors, facilitators, 
State VR agency directors, and human resource and professional 
development specialists to effectively deliver cultural competency 
training, in their respective organizations; and
    (ii) Provide outreach to and support State VR agencies, RSA-funded 
Rehabilitation Long-Term Training projects and TA Centers, Department-
funded programs, and Federal partners, as applicable, in incorporating 
or expanding cultural competency training and in applying cultural 
competency practices across selected focus areas.
    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)).
    Final Application Requirements:
    The Assistant Secretary establishes the following requirements for 
this priority. We may apply these requirements in any year in which 
this priority is in effect.
    Application Requirements of Priority:
    To be considered for funding under this priority, applicants must, 
at a minimum, propose a project that will conduct the following 
activities in a culturally appropriate manner. The Department 
encourages innovative approaches to meet these requirements. Applicants 
must--
    (a) Demonstrate, in the narrative section of the application under 
``Significance of the Proposed Project,'' the minority populations and 
subpopulations that will be addressed by this project. To meet this 
requirement, applicants must--
    (1) Describe the disparities that exist with respect to VR services 
and employment outcomes for individuals with disabilities from minority 
backgrounds, identify education and training needs and any challenges 
to obtaining education and employment, and present any relevant data;
    (2) Describe how the project proposes to improve VR services for, 
and employment outcomes of, individuals with disabilities from the 
identified minority backgrounds and subpopulations;
    (3) Describe how data about the identified minority populations and 
subpopulations will be collected and analyzed to inform the field and 
the training curricula;
    (4) Demonstrate how the proposed project will increase the number 
of VR counselors and paraprofessionals, human resource and professional 
development specialists, and VR management and leadership personnel 
trained in providing culturally competent VR services. To meet this 
requirement, applicants must--
    (i) Describe the cultural competencies that VR counselors and 
paraprofessionals, human resource and professional development 
specialists, and VR management and leadership personnel must 
demonstrate to provide high-quality services to individuals with 
disabilities from minority backgrounds; and
    (ii) Present information about potential challenges or difficulties 
to effectively provide cultural competency training and to apply 
cultural competency practices and any evidence-based practices or 
strategies that may be used to address these challenges;
    (b) Demonstrate, in the narrative section of the application under 
``Quality of Project Design,'' how the proposed project will meet the 
requirements and intended outcomes of this priority. To meet this 
requirement, applicants must--
    (1) Describe the plan for implementing the project, including key 
activities, timelines, milestones, and measurable intended project 
outcomes. The plan should contain adequate time to develop and pilot 
the training curricula, as well as develop content to support the 
selected areas of focus. The plan should also build in alternative ways 
to deliver training and conduct participant follow-up, in the event 
that convening face-to-face is not possible due to health and safety 
concerns;
    (2) Describe how the proposed project will gather input and 
feedback from a diverse group of stakeholders and subject matter 
experts to inform the curricula, training and application, and 
evaluation, including communication and coordination with RSA, State VR 
agencies, and other relevant partners. The plan must include 
alternative forms of communication if in-person meetings are not 
permitted due to health safety and concerns;
    (3) Describe how the proposed project will provide outreach to VR 
counselors and paraprofessionals, human resource and professional 
development specialists, and VR management and leadership personnel 
working in State VR agencies and related agencies so that they are 
aware of, and can participate in, cultural competency training;
    (4) Describe how cultural competency training will be provided to 
VR counselors and paraprofessionals, human resource and professional 
development specialists, and VR management and leadership personnel 
working in State VR agencies and related agencies, which must include--
    (i) Proposed methods, frequency, and duration of the training;
    (ii) A proposed methodology for determining training topics;
    (iii) A description of how the training needs of recipients, 
including their ability to respond effectively to the training will be 
assessed;
    (iv) Proposed coaching techniques that may be provided to VR 
counselors and paraprofessionals, human resource and professional 
development specialists, and VR management and leadership personnel 
working in State VR agencies or related agencies to address issues or 
challenges, as needed;
    (v) A proposed training module or an outline of a training module 
to demonstrate how VR counselors and paraprofessionals, human resource 
and professional development specialists, and VR management and 
leadership personnel would be trained. The module or outline is a 
required attachment in the application and must include, at a minimum--
    (A) The goals and objectives of the training module;
    (B) A description of what participants should know and be able to 
do as a result of successfully completing the module or presentation;
    (C) Up-to-date resources, publications, and other materials that 
may be used to develop the training module or outline;
    (D) Exercises that will provide an opportunity for application of 
the subject matter;

[[Page 19143]]

    (E) A description of how participant knowledge, skills, and 
abilities will be measured; and
    (F) A description of how the outcomes and impact of the cultural 
competency training will be measured;
    (5) Describe how the project will incorporate current research and 
evidence-based and promising practices, including research about adult 
learning principles and implementation science, in the development of 
culturally competent training curricula and enable State VR agencies to 
apply cultural competency practices to various activities of State VR 
agencies;
    (6) Describe how the project will examine reasons for successful 
and unsuccessful closures among individuals with disabilities from 
minority backgrounds, identify disparities between minority and non-
minority participants, and describe how this information will be shared 
with State VR agencies and the VRTAC-QM and VRTAC-QE in ways that will 
inform their work with State VR agency personnel to ensure that 
management decisions are established that support sustainable changes 
in the way outreach, intake, and VR services are provided based on the 
cultural competency training VR personnel receive;
    (7) Select two focus areas from the list described in the priority 
and develop products, offer communities of learning, conduct webinars, 
and offer other training and technical assistance delivery methods that 
are of high quality and of sufficient intensity and duration to achieve 
the intended outcomes of the proposed project. To meet this 
requirement, applicants must describe--
    (i) Knowledge, skills, and experience in each of the selected areas 
of focus;
    (ii) Methods, frequency, and duration of the activities;
    (iii) Proposed methodology for determining selected areas of focus; 
and
    (iv) How follow-up will be provided to State VR agencies to support 
the sustainability of cultural competency practices within the selected 
areas of focus; and
    (8) Describe how the proposed project will use accessible 
technology to achieve the intended project outcomes.
    (c) Demonstrate, in the narrative section of the application under 
``Adequacy of Project Resources,'' how the proposed costs are 
reasonable in relation to the anticipated results and benefits. In 
order to meet this requirement, applicants must--
    (1) Describe any proposed consultants or contractors named in the 
application, their areas of expertise, and provide rationale to 
demonstrate the need;
    (2) Describe costs associated with technology, including, but not 
limited to, maintaining an online learning platform, state-of-the-art 
archiving and dissemination platform, and communication tools (i.e., 
Microsoft Teams, Zoom, Google, Amazon Chime, Skype, etc.) ensuring all 
products and services are accessible to individuals with disabilities 
in accordance with Section 504 of the Rehabilitation Act and Title II 
of the Americans with Disabilities Act, as applicable;
    (3) Designate funds to travel to Washington, DC, or for virtual 
conferences and meetings when the in-person meetings are not possible 
due to health and safety concerns, in the beginning of the second year 
of the project for a one and one half day meeting to present an 
analysis of the pilots, training curricula, delivering additional 
activities in the selected focus areas, and plans for outreach, 
dissemination, and evaluation of the project; and
    (4) Designate funds to travel to Washington, DC, or virtual 
conferences and meetings when in-person meetings are not possible due 
to health and safety concerns, in the final year of the project for a 
one and one half day meeting to present an analysis of data collected, 
outcomes, results of the evaluation, evidence-based and promising 
practices, and lessons learned;
    (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;
    (2) The proposed key project personnel will demonstrate the 
qualifications and experience to provide the training required under 
this priority and to achieve the project's intended outcomes, including 
how the proposed project personnel have a degree of knowledge and 
understanding of cultural factors sufficient to ensure the delivery of 
training in a culturally appropriate manner; and
    (3) The proposed project personnel will demonstrate knowledge and 
experience working with the VR profession, especially in the provision 
of services to individuals from minority backgrounds and in working 
with VR counselors, paraprofessionals, human resource and professional 
development specialists, and State VR agencies;
    (e) Demonstrate, in the narrative section of the application under 
``Quality of the Management Plan,'' how the applicant will ensure 
that--
    (1) The project's intended outcomes, including the evaluation, will 
be achieved on time and within budget, through--
    (i) Clearly defined responsibilities of key project personnel, 
consultants, and contractors, as applicable;
    (ii) Procedures to track and ensure completion of the action steps, 
timelines, and milestones established for key project activities, 
requirements, and deliverables;
    (iii) Internal monitoring processes to ensure that the project is 
being implemented in accordance with the established application, 
cooperative agreement, once developed, and project plan; and
    (iv) Internal financial management controls to ensure accurate and 
timely obligations, drawdowns, and reporting of grant funds, as well as 
monitoring contracts, in accordance with the Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
Awards at 2 CFR part 200 and the terms and conditions of the Federal 
award;
    (2) The allocation of key project personnel, consultants, and 
contractors, as applicable, including levels of effort of key personnel 
that are appropriate and adequate to achieve the project's intended 
outcomes, including an assurance that key personnel will have enough 
availability to ensure timely communications with stakeholders and RSA;
    (3) The products and services are of high quality, relevance, and 
usefulness, in both content and delivery; and
    (4) The proposed project will benefit from a diversity of 
perspectives, including those of State and local personnel, individuals 
with disabilities from minority backgrounds, providers, researchers, 
and policy makers, among others, in its development and operation.
    This document does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.
    Note: This document does not solicit applications. In any year in 
which we choose to use one or more of these priorities and requirements 
we invite applications through a notice in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, OMB must determine whether this 
regulatory

[[Page 19144]]

action is ``significant'' and, therefore, subject to the requirements 
of the Executive order and subject to review by the OMB. Section 3(f) 
of Executive Order 12866 defines a ``significant regulatory action'' as 
an action likely to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
Tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866.
    We have also reviewed this final regulatory action under Executive 
Order 13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing this final priority and requirements 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 also have determined that this regulatory action does not unduly 
interfere with State, local, and Tribal governments in the exercise of 
their governmental functions.
    In accordance with 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 also include the time and effort in responding to the 
priority and requirements for entities that choose to respond.
    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. The Executive 
order does not apply to Indian Tribes.
    This document provides early notification of our specific plans and 
actions for this program.
    Regulatory Flexibility Act Certification: The Secretary certifies 
that this final 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 final regulatory action will affect 
are minority entities and Indian Tribes, which are the eligible 
applicants for this program. We believe that the costs imposed on an 
applicant by the final priority and requirements would be limited to 
paperwork burden related to preparing an application and that the 
benefits of the final priority and requirements would outweigh any 
costs incurred by the applicant. There are very few entities that could 
provide the type of technical assistance required under the final 
priority and requirements. For these reasons, the final priority and 
requirements would not impose a burden on a significant number of small 
entities.
    Paperwork Reduction Act of 1995: The priority and requirements 
contain information collection requirements that are approved by OMB 
under OMB control number 1820-0018; the priority and requirements do 
not affect the currently approved data collection.
    Accessible Format: On request to the contact person listed under 
FOR FURTHER INFORMATION CONTACT, individuals with disabilities can 
obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
Braille, large print, audiotape, or compact disc, or other accessible 
format.
    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 Adobe Portable Document Format 
(PDF). To use PDF you must have Adobe Acrobat Reader, which is 
available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit

[[Page 19145]]

your search to documents published by the Department.

David Cantrell,
Deputy Director, Office of Special Education Programs. Delegated the 
authority to perform the functions and duties of the Assistant 
Secretary for the Office of Special Education and Rehabilitative 
Services.
[FR Doc. 2021-07524 Filed 4-9-21; 4:15 pm]
BILLING CODE 4000-01-P