State Vocational Rehabilitation Services Program, 15889-15893 [2022-05940]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Rules and Regulations]
[Pages 15889-15893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05940]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

34 CFR Part 361

[Docket ID ED-2019-OSERS-0140]


State Vocational Rehabilitation Services Program

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

ACTION: Final interpretation.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Education (Department) issues this 
final notification of interpretation (NOI) in response to comments made 
on the NOI published in the Federal Register on February 28, 2020. That 
NOI became effective on the date it was issued and clarified current 
policy regarding the permissibility of using funds reserved for pre-
employment transition services for auxiliary aids and services, and it 
announced a change in policy regarding the use of Federal vocational 
rehabilitation (VR) funds reserved for the provision of pre-employment 
transition services. The Department's policy expressed in this final 
NOI is unchanged from that in the NOI published on February 28, 2020.

DATES: This final interpretation is issued: March 21, 2022. Pursuant to 
the NOI, this interpretation is applicable as of February 28, 2020.

FOR FURTHER INFORMATION CONTACT: Carol Dobak, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5153, Potomac Center Plaza, 
Washington, DC 20202-0001. Telephone: (202) 245-7325. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The amendments to the Rehabilitation Act of 1973 (Rehabilitation 
Act) made by title IV of the Workforce Innovation and Opportunity Act 
(WIOA) place heightened emphasis on the provision of services to 
students and youth with disabilities to ensure that they have 
meaningful opportunities to receive the training and other services 
they need to achieve employment outcomes in competitive integrated 
employment. The Rehabilitation Act, as amended by WIOA, expanded not 
only the population of students with disabilities who may receive 
services under the VR program but also the kinds of services the 
designated State units (DSUs) may provide to these students with 
disabilities who are transitioning from school to postsecondary 
education and employment.
    Most notably, section 110(d)(1) of the Rehabilitation Act and 34 
CFR 361.65(a)(3)(i) requires States to reserve at least 15 percent of 
their Federal VR grant for the provision of pre-employment transition 
services. Section 113(a) of the Rehabilitation Act and 34 CFR 361.48(a) 
require DSUs for the VR program to use the reserved funds to provide, 
or arrange for the provision of, pre-employment transition services to 
all students with disabilities in need of such services who are 
eligible or potentially eligible for services under the VR program.
    Section 113(b) of the Rehabilitation Act and 34 CFR 361.48(a)(2) 
list the five required pre-employment transition services that DSUs, in 
collaboration with local educational agencies (LEAs), must make 
available to students with disabilities in need of these services.
    These services are--
     Job exploration counseling;
     Work-based learning experiences, which may include in-
school or after school opportunities, or experience outside the 
traditional school setting (including internships), that are provided 
in an integrated environment to the maximum extent possible;
     Counseling on opportunities for enrollment in 
comprehensive transition or postsecondary educational programs at 
institutions of higher education;
     Workplace readiness training to develop social skills and 
independent living; and
     Instruction in self-advocacy, which may include peer 
mentoring.
    Pre-employment transition services represent the earliest set of 
services available for students with disabilities under the VR program, 
are short-term in nature, and are designed to help students identify 
career interests.
    Following implementation of the pre-employment transition services 
requirements, the Department received comments from DSUs and other 
stakeholders regarding: (1) The need for further clarification about 
the extent to which funds reserved for the provision of pre-employment 
transition services may be used to pay for auxiliary aids and services; 
and (2) the ability of States to reserve and expend at least 15 percent 
of their VR grants on the provision of pre-employment transition 
services under the Department's general interpretation of the statutory 
requirements related to the allowable use of funds. Specifically, DSUs 
and stakeholders asked if funds reserved for pre-employment transition 
services may be used to cover the costs of auxiliary aids and services 
provided directly to students with disabilities as well as other VR 
services, such as transportation, tuition for postsecondary education, 
rehabilitation technology, and job coaching.
    On February 28, 2020, the Department published an NOI in the 
Federal Register (85 FR 11848) to clarify current policy regarding the 
permissibility of using funds reserved for pre-employment transition 
services for auxiliary aids and services, and to announce a change in 
policy regarding the use of Federal VR funds reserved for pre-
employment transition services. There are no changes between the 
original interpretation published on February 28, 2020, and this final 
interpretation. Through this document, the Department also rescinds the 
Dear Director email transmitted to VR agencies on December 28, 2016, 
regarding the use of reserved funds for the provision of auxiliary aids 
and services because the substance of that email was incorporated into 
and clarified by the February 28, 2020, NOI.
    Public Comment: In response to our invitation in the NOI, 26 
parties submitted comments.
    Analysis of Comments and Changes: An analysis of the comments on 
the interpretation since its publication follows. We do not address 
comments that raised concerns not directly related to the 
interpretation.

Support for Interpretation

    Comments: Commenters generally expressed appreciation for the 
flexibilities described in the NOI. Some commenters noted that the 
flexibilities would allow students with the most significant 
disabilities to benefit from the expansion of services needed to access 
and support the provision of pre-employment transition services. One 
commenter stated that the new

[[Page 15890]]

flexibilities would promote accountability and strengthen partnership 
with schools and employers.
    Discussion: The Department appreciates the positive comments and 
feedback regarding this interpretation.
    Changes: None.

Use of Reserved Funds for Certain Services

    Comments: Commenters stated that postsecondary tuition and fees 
should be an allowable cost under pre-employment transition services, 
indicating that the Department's interpretation was too narrow, and 
that postsecondary training aligns with workplace readiness training 
under the five required activities and also falls under authorized 
activities.
    Discussion: The Department disagrees that the interpretation is too 
narrow or unnecessarily restrictive. Pre-employment transition 
services, including work readiness training, represent the earliest 
activities in career exploration and are designed to assist students 
with disabilities to identify their employment goals. On the other 
hand, financial support for postsecondary education tuition and fees, 
as authorized by section 103(a)(5) of the Rehabilitation Act and 34 CFR 
361.48(b)(6), is provided to individuals transitioning from secondary 
school to postsecondary education for purposes of achieving a specific 
employment outcome. Therefore, we continue to maintain that tuition and 
fees for postsecondary education are outside the nature, scope, and 
purpose of pre-employment transition services and the required 
activities specified in section 113(b) of the Rehabilitation Act and 34 
CFR 361.48(a)(2).
    In addition, those authorized activities listed in section 113(c) 
of the Rehabilitation Act and 34 CFR 361.48(a)(3) are systemic in 
nature and encompass strategies the DSUs develop and use for the 
delivery of pre-employment transition services. In other words, given 
the systemic nature of the authorized services listed in section 113(c) 
of the Rehabilitation Act and 34 CFR 361.48(a)(3), they are not 
services that are provided directly to students with disabilities, but 
rather facilitate the systemic delivery of pre-employment transition 
services. Because financial support for postsecondary education tuition 
and fees is a service provided directly to eligible individuals with 
disabilities on an individual basis under an individualized plan for 
employment (IPE), this service is not within the scope of the 
authorized activities in section 113(c) of the Rehabilitation Act and 
34 CFR 361.48(a)(3).
    For these reasons, a DSU may not use the funds reserved for the 
provision of pre-employment transition services to pay for tuition and 
other costs of attending postsecondary education, since this is not 
among those activities that are required or authorized under section 
113 of the Rehabilitation Act and 34 CFR 361.48(a), and this service is 
not necessary for a student with a disability to access or participate 
in one of the required pre-employment transition services listed in 
section 113(b) of the Rehabilitation Act and 34 CFR 361.48(a)(2).
    Changes: None.
    Comments: One commenter emphasized the importance of driver 
education training and suggested that it be considered as an allowable 
service under workplace readiness training.
    Discussion: Whether driver education may be considered to be within 
the scope of workplace readiness training (i.e., development of social 
skills and independent living) for the purposes of section 113(b) of 
the Rehabilitation Act and 34 CFR 361.48(a)(2) depends on the 
circumstances under which this service is provided to any student with 
a disability. Consistent with the Federal cost principles at 2 CFR 
200.403 through 200.405, costs incurred with the funds reserved under 
section 110(d)(1) of the Rehabilitation Act and 34 CFR 361.65(a)(3)(i) 
must be--
     Necessary for the provision or receipt of pre-employment 
transition services;
     Reasonable, that is, those that a prudent person would 
agree are necessary for the provision or receipt of pre-employment 
transition services; and
     Allocable, that is, those that benefit the provision or 
receipt of pre-employment transition services.
    Thus, students with disabilities, regardless of whether they have 
been determined eligible or have an IPE, for example, who live in rural 
areas lacking public transportation, may need to learn to drive to 
enhance their independence and ability to explore a wider range of 
career options. Under this circumstance, it may be reasonable to 
determine that driver's education would be within the scope of 
workplace readiness training as described in section 113(b) and 34 CFR 
361.48(a)(2) and allocate the cost of this service to the funds 
reserved for the provision of pre-employment transition services.
    However, some students with disabilities may require more advanced 
driver's education to obtain employment involving public or commercial 
transportation (e.g., bus or commercial truck driver). It would not be 
reasonable to conclude that this advanced driver's education is within 
the scope of pre-employment transition services as workplace readiness 
training when students have chosen a specific career for which advanced 
driver's education and a special driver's license is required. Rather, 
such a service would be considered a job training service provided 
pursuant to section 103(a)(5) of the Rehabilitation Act and 34 CFR 
361.48(b)(6). Under this circumstance, this service must be provided 
using funds for other VR services (i.e., funds not reserved for the 
provision of pre-employment transition services) to support the 
eligible student with a disability's specific employment goal under an 
approved IPE.
    Changes: None.

Use of Reserved Funds for Auxiliary Aids and Services

    Comments: Several commenters recommended that we consider job 
coaching an auxiliary aid and service and that we not limit the 
availability of this service to students with significant disabilities 
who apply and are determined eligible to receive this service under an 
IPE. Commenters also requested clarification about the differences 
between job coaches and work site trainers.
    Discussion: ``Auxiliary aids and services,'' under the Americans 
with Disabilities Act's (ADA) title II implementing regulations in 28 
CFR 35.104, include services such as the acquisition or modification of 
equipment or devices, or other effective methods, to make aurally 
delivered information available to individuals who are deaf or hard of 
hearing, or visually delivered materials available to individuals who 
are blind or have low vision. The definition of ``auxiliary aids and 
services'' includes effective methods of delivering materials in an 
alternative format for individuals who are deaf or hard of hearing, or 
who are blind or have low vision, which are distinct from job coaching 
services designed to assist individuals with disabilities perform on-
the-job tasks. Thus, job coaching services are not within the scope of 
auxiliary aids and services for the purpose of providing access to pre-
employment transition services using funds reserved under section 
110(d) of the Rehabilitation Act. The Department disagrees with the 
commenter's suggestion that job coaching should be considered an 
auxiliary aid and service. It has been and continues to be the 
Department's interpretation, as stated in the NOI, that DSUs may use 
funds reserved for the

[[Page 15891]]

provision of pre-employment transition services to pay for auxiliary 
aids and services needed by all students with disabilities with sensory 
and communicative disorders who need such aids and services to access 
or participate in pre-employment transition services (85 FR at 11849-
11850).
    In addition, the Department disagrees that funds reserved for the 
provision of pre-employment transition services should be used to pay 
for costs of job coaching needed by all students with disabilities, 
regardless of whether they have applied and been determined eligible 
for the VR program and have an approved IPE. There is no authority 
under the Rehabilitation Act to provide job coaching or other coaching 
services to students with disabilities who do not have an approved IPE. 
As stated in the NOI, DSUs may provide any service that an eligible 
individual needs to achieve an employment outcome in accordance with an 
approved IPE. In the context of pre-employment transition services, one 
such service is coaching services for eligible students with 
disabilities participating in work-based learning experiences under 
section 113(b)(2) and 34 CFR 361.48(a)(2)(ii). These coaches perform 
functions similar to job coaches in supported employment settings by 
assisting the eligible student with a disability to perform the tasks 
assigned during the work-based learning experiences. While these 
particular coaching services are not specifically listed in section 
103(a), they would be considered allowable VR services under section 
103(a) and 34 CFR 361.48(b)(21) if needed by an eligible student with a 
disability, in accordance with an approved IPE, to participate in pre-
employment transition services. Given that pre-employment transition 
services are among the earliest types of services available to students 
with disabilities, it is reasonable to expect that these eligible 
students may need extra assistance through coaching services to 
participate in these activities and, thus, these coaching services 
would be allocable to those pre-employment transition services. 
Therefore, DSUs may use funds reserved for the provision of pre-
employment transition services to pay for the costs of coaching 
services when needed by eligible students with disabilities to 
participate in a work-based learning experience pursuant to an IPE, and 
when costs would be reasonable and allocable to the provision of pre-
employment transition services in accordance with requirements 
governing Federal cost principles.
    Changes: None.

Administrative Costs

    Comments: One commenter recommended that the 15 percent reserve be 
used to fulfill data collection requirements associated with pre-
employment transition services.
    Discussion: The Department acknowledges the recommendation; 
however, fulfilling data collection requirements associated with pre-
employment transition services is an administrative cost and section 
110(d)(2) of the Rehabilitation Act and 34 CFR 361.65(a)(3)(ii)(B) 
prohibit the use of funds reserved for pre-employment transition 
services to pay for administrative costs . DSUs can use other VR grant 
funds not reserved for the provision of pre-employment transition 
services to pay these administrative costs.
    Changes: None.

Services for Potentially Eligible Students With Disabilities

    Comments: A few commenters emphasized the need for additional 
flexibilities surrounding the 15 percent reserve funds and allowable 
services. Specifically, they commented on the importance of foreign 
language interpreters and transportation services for potentially 
eligible students and their families to facilitate access to pre-
employment transition services.
    Discussion: The Department appreciates the comments related to the 
scope and types of services that may be charged to the minimum of 15 
percent reserved funds for pre-employment transition services for 
potentially eligible and eligible students with disabilities. We 
believe the issue of foreign language interpreters is different from 
that of transportation and must be handled separately. Section 
101(a)(7)(C) of the Rehabilitation Act and 34 CFR 361.18 require States 
to assure in the VR services portions of their Unified or Combined 
State Plans that they will establish and maintain minimum standards to 
ensure DSU personnel or other individuals are available to communicate 
in the native language or mode of communication of applicants, 
recipients of VR services, and eligible individuals. As such, it is the 
responsibility of the DSUs to ensure that their staff are trained to 
communicate in the native language of VR program participants, 
including students with disabilities receiving pre-employment 
transition services. If such staff are not available because of 
personnel turnover or other reasons, it would be necessary and 
reasonable under the Federal cost principles for a DSU to use VR funds 
to pay for such an interpreter so that the individual with a disability 
could access the service. This would be true for any student with a 
disability who needs such interpreter services to access pre-employment 
transition services. However, these expenditures would be considered 
administrative costs to the VR agency. As such, they may not be paid 
with funds reserved for the provision of pre-employment transition 
services since these reserved funds may not be used to pay for 
administrative costs, pursuant to section 110(d)(2) of the 
Rehabilitation Act, regardless of whether the student with a disability 
has been determined eligible for the VR program.
    With respect to transportation costs to and from the pre-employment 
transition services, whether a DSU may use funds reserved for the 
provision of pre-employment transition services for these expenditures 
depends on whether the student with a disability has been determined 
eligible for the VR program and whether he or she has an approved IPE. 
For potentially eligible students with disabilities, the DSU may 
provide only the five required pre-employment transition services in 
section 113(b) of the Rehabilitation Act, as well as auxiliary aids and 
services, as appropriate. As such, funds reserved for the provision of 
pre-employment transition services may be used to cover only these 
costs with respect to those students with disabilities who have not yet 
been determined eligible for the VR program and who do not have an 
approved IPE (i.e., potentially eligible students with disabilities). 
Any other VR service (e.g., transportation) needed by a student with a 
disability to participate in pre-employment transition services could 
only be provided once the student with a disability has been determined 
eligible for the VR program and has an approved IPE that lists the 
other service as necessary for the participation in pre-employment 
transition services. Therefore, transportation for potentially eligible 
students with disabilities would not be chargeable to the reserved 
funds. By contrast, for eligible students with disabilities, section 
103(a) of the Rehabilitation Act authorizes the provision of VR 
services under an IPE. To the extent that transportation services are 
necessary to support the eligible student with a disability's 
participation in pre-employment transition services and are identified 
on the IPE, the reasonable cost of such services may be charged to the 
reserved funds.
    Changes: None.

[[Page 15892]]

Order of Selection

    Comments: Two commenters noted a need to extend the flexibilities 
described in the interpretation to students determined eligible for VR 
services but who are placed on a waiting list due to a State's 
implementation of an order of selection.
    Discussion: As noted in existing guidance, if a student with a 
disability begins one or more of the required pre-employment transition 
service activities prior to being determined eligible for VR services, 
the eligible student with a disability may continue to receive all pre-
employment transition services even if the student is assigned to a 
closed order of selection category. In addition to the pre-employment 
transition services, the student may participate in group transition 
services, as described in section 103(b)(7) of the Rehabilitation Act 
and in accordance with 34 CFR 361.49(a)(7), while in a closed order of 
selection category. For a student with a disability who has not begun 
receiving pre-employment transition services and has been determined 
eligible for the VR program and placed into a closed order of selection 
priority category, VR agencies may provide general transition services 
that benefit a group of students with disabilities, as described above, 
to ensure the continuation of beneficial services. However, those 
students may not begin pre-employment transition services (see 81 FR 
55691-55693).
    Changes: None.

Application of Interpretation

    Comments: Commenters asked if the flexibilities discussed in the 
NOI are applicable to services provided, and costs incurred, on or 
before October 1, 2020.
    Discussion: The Department clarifies that the effective date for 
the interpretations in the NOI is February 28, 2020. As such, the 
effective date is well before the October 1, 2020, date mentioned by 
the commenters. With respect to the application of these flexibilities 
to expenditures incurred prior to February 28, 2020, the Department 
believes it would be reasonable and permissible to allow DSUs to make 
accounting adjustments, as appropriate, to cover the costs of these 
additional expenditures described in the NOI with funds reserved for 
the provision of pre-employment transition services incurred at any 
time after July 22, 2014, when the requirements of sections 110(d) and 
113 of the Rehabilitation Act took effect, so long as DSUs can document 
that the expenditures were incurred for the provision of pre-employment 
transition services for students with disabilities. We believe it would 
be reasonable and permissible to allow such accounting of funds, as 
described in the NOI, because doing so will be a benefit to all States 
in making it easier for them to satisfy the Federal requirements of 
sections 110(d)(1) and 113(a) of the Rehabilitation Act, which took 
effect July 22, 2014, to reserve and expend at least 15 percent of the 
State's VR grant on the provision of these services, and will not harm 
any State. If a DSU wants to make accounting adjustments on previously 
submitted financial reports, for purposes of satisfying the pre-
employment transition services requirements, so that reserved funds may 
be used to pay for the expanded costs described in the NOI, DSUs must 
be able to document that the expenditures were incurred for the 
provision of pre-employment transition services or to support the 
receipt of those services as described in the NOI. States should 
contact their Rehabilitation Services Administration (RSA) Financial 
Management Specialists to make changes in their expenditures reported 
for pre-employment transition services.
    Changes: None.

Changes Requiring Statutory Amendment

    Comments: A few commenters requested the Department consider the 
following changes to the interpretation: (1) Allowing States to expend 
reserved funds on students who have reached the maximum age for 
receiving pre-employment transition services but were unable to 
complete services because of the State's statutory age limit; (2) 
reducing the requirement for States to reserve 15 percent of their 
grant allotment for the provision of pre-employment transition services 
to enable States to meet the needs of other individuals seeking VR 
services; and (3) making pre-employment transition services available 
to students with disabilities who have dropped out of school.
    Discussion: The Department acknowledges the various recommendations 
offered by commenters related to extending the maximum age requirements 
for receiving pre-employment transition services, reducing the amount 
of Federal VR allotments States are required to reserve for pre-
employment transition services to enable them to meet the needs of 
other individuals seeking VR services, and broadening the population of 
individuals eligible for pre-employment transition services to include 
youth with disabilities not in school. These recommendations would 
require statutory changes and, therefore, cannot be implemented by the 
Department through an interpretation of existing law.
    Changes: None.

Miscellaneous

    Comments: Commenters recommended improvements in the quality of 
services related to pre-employment transition services, noting a need 
to ensure parity of access across States with services provided by 
credentialed staff with skills and knowledge specific to students with 
disabilities.
    Discussion: In accordance with 34 CFR 361.48(a)(1), pre-employment 
transition services must be made available statewide to all students 
with disabilities, regardless of whether the student has applied or 
been determined eligible for VR services. Within this context, the 
Department agrees there is a need to ensure quality services and parity 
of access to students with disabilities; however, the delivery and 
provision of pre-employment transition services is unique to each 
State, and each State has the responsibility for ensuring that the 
needs of students with disabilities for pre-employment transition 
services are appropriately met.
    Changes: None.
    Comments: Commenters posed specific questions and provided input 
about the implementation of pre-employment transition services and 
services on behalf of students with disabilities, including during the 
COVID-19 pandemic, that were not specific to the flexibilities 
addressed in the NOI. These included a suggestion for collaboration 
between VR and the Social Security Administration related to work-
related expenses, accommodations, and benefits planning; disability-
specific flexibilities; the negative impact of the COVID-19 pandemic on 
pre-employment transition services; concerns for students with 
disabilities found ineligible for the VR program; the continuum of 
transition services; and requests for clarification about the 
differences between job coaches and work site trainers.
    Discussion: The Department appreciates all comments and questions 
related to the implementation of pre-employment transition services and 
has addressed specific questions regarding the COVID-19 pandemic and 
the provision of pre-employment transition services in Frequently Asked 
Questions documents posted on https://rsa.ed.gov/whats-new?page=1. We 
will continue to

[[Page 15893]]

provide additional guidance and clarification as requested on the 
implementation of pre-employment transition services and invite direct 
communication with RSA State liaisons and the National Technical 
Assistance Center on Transition: the Collaborative (NTACT: C) funded by 
RSA at https://transitionta.org/.
    Changes: None.

Final Policy Interpretation

    The Department maintains without change its interpretation 
published in the Federal Register on February 28, 2020, and available 
at https://www.federalregister.gov/documents/2020/02/28/2020-03208/state-vocational-rehabilitation-services-program. In that 
interpretation, the Department clarified current policy that DSUs may 
use VR funds reserved under section 110(d)(1) of the Rehabilitation Act 
and 34 CFR 361.65(a)(3)(i) to pay for auxiliary aids and services 
needed by all students with disabilities (i.e., both eligible and 
potentially eligible students with disabilities) who have sensory and 
communicative disorders to access or participate in pre-employment 
transition services. ``Auxiliary aids and services,'' under the ADA's 
title II implementing regulations in 28 CFR 35.104, includes the 
acquisition or modification of equipment or devices, or other effective 
methods, to make aurally delivered information available to individuals 
who are deaf or hard of hearing, or visually delivered materials 
available to individuals who are blind or have low vision. Through this 
interpretation, the Department also announced a change in policy with 
respect to additional VR services needed by eligible students with 
disabilities that may be paid for with Federal VR grant funds reserved 
for the provision of pre-employment transition services, including the 
circumstances under which those funds may be used to pay for those 
additional VR services. DSUs may use the reserved funds to pay for 
those additional VR services that are needed by eligible students with 
disabilities to participate in the receipt of pre-employment transition 
services. These services are described in section 103(a) of the 
Rehabilitation Act and 34 CFR 361.48(b) and are provided in accordance 
with an approved IPE. Further, under this interpretation, the 
Department clarifies that the flexibilities discussed in the 
interpretation may be applied to services provided, and costs incurred, 
prior to February 28, 2020, at any time after July 22, 2014, when the 
requirements of sections 110(d) and 113 of the Rehabilitation Act took 
effect--so long as DSUs can document expenditures for pre-employment 
transition services in any given year following the amendments to the 
Rehabilitation Act made by title IV of WIOA. This interpretation is 
consistent with the ``Statement of the Managers to Accompany the 
Workforce Innovation and Opportunity Act,'' the statutory purpose for 
the reservation of these Federal VR funds, and the fiscal requirements 
of the Office of Management and Budget's (OMB) Uniform Guidance.
    Accessible Format: On request to the program 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 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.

Katherine Neas,
Deputy Assistant Secretary, delegated the authority to perform the 
functions and duties of the Assistant Secretary for the Office of 
Special Education and Rehabilitative Services.
[FR Doc. 2022-05940 Filed 3-18-22; 8:45 am]
BILLING CODE 4000-01-P