Rule2021-13191
Final Priority-Rehabilitation Short-Term Training: Client Assistance Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 23, 2021
Effective
July 23, 2021
Issuing agencies
Education Department
Abstract
The Department of Education (Department) announces a priority under the Rehabilitation Short-Term Training program, Assistance Listing Number 84.246K. We take this action to improve the capacity of Client Assistance Program (CAP) professionals to inform, assist, and advocate for clients and client applicants about expanded education, training, and competitive integrated employment opportunities available through the State Vocational Rehabilitation Services program, and about the benefits and services available through other programs authorized by the Rehabilitation Act of 1973 (Rehabilitation Act), as amended by the Workforce Innovation and Opportunity Act (WIOA). We may use this priority for competitions in Federal fiscal year (FFY) 2021 and later years. The priority will provide enhanced training and technical assistance on CAP duties and responsibilities under section 112 of the Rehabilitation Act, State Vocational Rehabilitation (VR) service provision requirements and other benefits and services under the Rehabilitation Act, expanded opportunities under WIOA, individual and systems advocacy competencies, and leadership, relationship-building, and outreach skills as well as CAP strategic planning and resources management capacity-building. Also, the priority will promote the use of flexible training delivery methods, including in-person and virtual activities, and state-of-the-art communication tools and platforms, including the latest distance learning and convening technologies.
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[Federal Register Volume 86, Number 118 (Wednesday, June 23, 2021)]
[Rules and Regulations]
[Pages 32770-32775]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13191]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2020-OSERS-0192]
Final Priority--Rehabilitation Short-Term Training: Client
Assistance Program
AGENCY: Office of Special Education and Rehabilitative Services
(OSERS), Department of Education.
ACTION: Final priority.
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SUMMARY: The Department of Education (Department) announces a priority
under the Rehabilitation Short-Term Training program, Assistance
Listing Number 84.246K. We take this action to improve the capacity of
Client Assistance Program (CAP) professionals to inform, assist, and
advocate for clients and client applicants about expanded education,
training, and competitive integrated employment opportunities available
through the State Vocational Rehabilitation Services program, and about
the benefits and services available through other programs authorized
by the Rehabilitation Act of 1973 (Rehabilitation Act), as amended by
the Workforce Innovation and Opportunity Act (WIOA). We may use this
priority for competitions in Federal fiscal year (FFY) 2021 and later
years. The priority will provide enhanced training and technical
assistance on CAP duties and responsibilities under section 112 of the
Rehabilitation Act, State Vocational Rehabilitation (VR) service
provision requirements and other benefits and services under the
Rehabilitation Act, expanded opportunities under WIOA, individual and
systems advocacy competencies, and leadership, relationship-building,
and outreach skills as well as CAP strategic planning and resources
management capacity-building. Also, the priority will promote the use
of flexible training delivery methods, including in-person and virtual
activities, and state-of-the-art communication tools and platforms,
including the latest distance learning and convening technologies.
DATES: This priority is effective July 23, 2021.
FOR FURTHER INFORMATION CONTACT: Felipe Lulli, U.S. Department of
Education, 400 Maryland Avenue SW, Room 5101, Potomac Center Plaza,
Washington, DC 20202-2800. Telephone: (202) 245-7425. Email:
<a href="/cdn-cgi/l/email-protection#6a525e44585e5c212a0f0e440d051c"><span class="__cf_email__" data-cfemail="033b372d313735484366672d646c75">[email protected]</span></a>.
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: The Rehabilitation Short-Term Training program
is designed to provide short-term training and technical instruction in
areas of special significance to the vocational, medical, social, and
psychological rehabilitation programs, supported employment program,
independent living services programs, and Client Assistance Program,
including special seminars, institutes, workshops, and other short-term
courses. Short-term training projects may be of regional or national
scope.
Program Authority: 29 U.S.C. 772(a)(1).
Applicable Program Regulations: 34 CFR parts 385 and 390.
We published a notice of proposed priority (NPP) for this
competition in the Federal Register on February 19, 2021 (86 FR 10213).
The NPP contained background information and our reasons for proposing
the priority.
Editorial and technical revisions are explained in the discussion
of comments that follow.
Public Comment: In response to our invitation in the NPP, 23
parties submitted comments on the proposed priority.
We group major issues according to subject. Generally, we do not
address technical and other minor changes or suggested changes the law
does not authorize us to make. In addition, we do not address general
comments that raise concerns not directly related to the proposed
priority.
Analysis of Comments and Changes: An analysis of the comments and
of any changes in the priority since publication of the NPP follows.
State VR/CAP Coordination and Communication
Comment: Several commenters addressed the priority's requirement
that, in providing training and technical assistance, the grantee
considers the challenges that State VR agencies face in implementing
WIOA's expanded VR services provisions. These commenters expressed the
concern that the priority's emphasis on VR agency challenges would have
the effect of ``shielding'' the agency from its statutory
responsibility to provide quality and timely VR services in accordance
with the Rehabilitation Act. These commenters indicated that CAPs also
face similar challenges and argue that any consideration of WIOA
implementation challenges should encompass both perspectives.
Conversely, some commenters cited several VR agency challenges and
limitations--financial and non-financial--beyond those referenced in
the NPP and about which, these commenters believe, CAPs may not be
sufficiently aware. These commenters cited, as examples, issues related
to the Rehabilitation Act-Individuals with Disabilities Education Act
coordination in the delivery of pre-employment transition services; the
Rehabilitation Act's maintenance of effort requirements; and parameters
set by the States' written policies governing the nature and scope of
VR services and the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements (2 CFR part 200), among others. The
commenters recommended greater emphasis on improving communication
between the CAPs and the State VR agencies to promote mutual
understanding about their distinct roles, approaches, and perspectives;
more training about the impact of Federal and State statutes,
regulations, and policies on the delivery of VR services in the States;
and closer coordination between the CAPs and the State VR agencies on
both individual cases and statewide initiatives to improve competitive
integrated employment outcomes for VR clients and applicants.
Additionally, one commenter recommended that the comprehensive needs
assessment questionnaires, surveys, or focus group include broader
input from VR agencies and the State Rehabilitation Councils (SRCs).
Discussion: The Department agrees that the priority's references to
VR agency challenges should not be interpreted as a dispensation from
the VR program requirements in the Rehabilitation Act, as amended by
WIOA. The Department also agrees that
[[Page 32771]]
VR clients and applicants would be well served by increased
coordination, communication, and cross-training between CAPs and VR
agencies. The priority includes several provisions that promote such
coordination, communication, and training. Required training topics
include the obstacles faced by individuals represented by the CAPs and
the challenges faced by VR agencies; the roles of SRCs, workforce
development partners, and other key VR stakeholders; leadership,
relationship-building, and outreach skills for CAP professionals;
strategic assessments of VR program challenges, needs, and
opportunities based on the CAPs; and strategic engagement with State VR
agencies, SRCs, and other stakeholders in response to such assessments.
In addition, the NPP requires that CAP training and technical
assistance be based on a comprehensive needs assessment that considers
the needs of CAP professionals and individuals with disabilities in the
context of VR program challenges, needs, and opportunities.
We are revising the priority to further emphasize CAP coordination
and communication with the stated purpose of improving VR service
delivery and, thus, competitive integrated employment outcomes for VR
clients and applicants.
Changes: The Department added language encouraging greater
communication, coordination, cross-training, and feedback between the
CAP and the State VR agencies, SRCs, workforce partners, and other
programs and services available under the Rehabilitation Act in the
priority's introductory paragraphs; in required topic areas (a)(1)(iv)
and (vi) and (a)(3)(i) and (iii); and in the comprehensive needs
assessment section. Also, we added a reference to the CAP's
participation in the SRC under the CAP duties and responsibilities
required topic area.
Policy Analysis
Comment: One commenter suggested that policy analysis is an
additional area that needs to be addressed in the CAP Training
priority. The commenter points out that, under section 101(a)(16)(A)
and (B) of the Rehabilitation Act, the designated State agency is
required to actively consult with the CAP prior to the adoption of any
policies or procedures governing the provision of VR services under the
State plan, or amendments thereof, and to consider the views of the CAP
director in matters of general policy arising in the administration of
the plan.
Discussion: The Department agrees that CAP professionals must
develop the expertise necessary to advise State designated agencies on
proposed policies and procedures governing the provision of VR
services, consistent with section 101(a)(16)(A) and (B)(iv) of the
Rehabilitation Act. The NPP supports the development of such expertise
by requiring CAP training on the service provision requirements in the
Rehabilitation Act and its regulations, policy guidance, and legal
decisions, including those related to section 113 on pre-employment
transition services and section 511 regarding limitations on use of
subminimum wage. We are revising the priority to further foster and
facilitate meaningful CAP input on policies or procedures governing the
provision of VR services before they are adopted by the State
designated agency, consistent with the Rehabilitation Act. The final
priority's new provisions on coordination and communication discussed
above should also foster favorable conditions for the CAPs to provide
input on proposed VR service provision policies and procedures.
Changes: The Department added a reference to section 101(a)(16)
under the final priority's required topic area on CAP duties and
responsibilities.
Dispute Resolution Between CAPs and State VR Agencies
Comment: One commenter stated that the priority should encourage
CAPs and State VR agencies to resolve disputes at the lowest level of
intervention possible to minimize the need for litigation and maximize
the amount of Federal funds available for the provision of VR services
that individuals need to obtain their employment goals under the
Rehabilitation Act.
Discussion: The Department agrees that the priority should
encourage CAPs to resolve disputes at the lowest level possible.
Accordingly, alternate dispute resolution is one of the required
training topic areas under this priority. Also, the notice inviting
applications published elsewhere in this issue of the Federal Register
includes two pertinent Government Performance and Results Act (GPRA)
performance measures: Number and percentage of individual cases
resolved through alternative dispute resolution and number of non-
litigation systemic activities not involving individual representation
that resulted in the change of one or more policies or practices of an
agency. Moreover, we expect that the priority's provisions regarding
coordination and communication between CAPs, State VR agencies, and
other programs within the scope of CAP will help create an environment
favorable to non-litigation dispute resolution activities and outcomes.
Changes: None.
CAP Training Nature and Scope
Comment: One commenter raised the question of whether the CAP
Training priority's purview extends beyond the VR services outlined in
Title I of the Rehabilitation Act, as amended by WIOA. The commenter
notes that section 112(a) extends the CAP program's role to all the
projects, programs, and services provided under the Rehabilitation Act,
including independent living.
Discussion: The Department agrees that, under section 112(a) of the
Rehabilitation Act, CAPs are responsible for informing, assisting,
advising, and advocating for projects, programs, and services under the
Rehabilitation Act beyond VR, including the independent living
programs. In response, the priority has been revised to ensure
consistency with Section 112(a) of the Rehabilitation Act.
Changes: The Department incorporated throughout the priority
references to other projects, programs, and services provided by the
Rehabilitation Act, in addition to the priority's original references
to the VR program.
Comment: One commenter expressed support for the priority's
provisions regarding CAP Training coordination with the Rehabilitation
Services Administration (RSA) VR technical assistance centers. Also,
the commenter recommended further integration with the technical
assistance centers through the CAP Training grantee's participation in
the Intensive Technical Assistance (ITA) agreements established between
the technical assistance centers and participating State VR agencies.
The commenter also recommended that the CAP Training grantee join the
Technical Assistance Center Collaborative that convenes monthly to
coordinate delivery of the centers' technical assistance to the VR
agencies.
Discussion: The Department agrees with the importance of
coordination between the CAP Training program and the RSA VR technical
assistance centers. Accordingly, the priority requires the coordination
and leveraging of resources between the CAP Training grantee and the
technical assistance centers. Towards that end, we will encourage the
CAP Training grantee to attend the Technical Assistance Center
Collaborative meetings. However, it is not feasible or appropriate for
the CAP Training grantee to participate directly in the ITA agreements.
CAP Training activities do not constitute ITA, as
[[Page 32772]]
defined in the technical assistance centers' final priority. Under the
priority, CAP training is available primarily to individual CAP
professionals nationwide, whereas technical assistance to CAPs in
individual States are available on a short-term, issue-specific basis
only. The CAP Training grantee will be able to learn about the ITA
agreements through its participation in the Technical Assistance Center
Collaborative. Participation in the collaborative may also offer
opportunities for short-term collaborative opportunities between CAP
Training and the technical assistance centers in individual States.
Changes: None.
Funding Needs
Comment: Several commenters noted that the priority's increased
focus on strategic planning and resource management would require
increased funding relative to that under the prior priority.
Discussion: The funding level established in the notice inviting
applications published elsewhere in this issue of the Federal Register
for the FFY 2021 competition reflects the Department's recognition of
the funding needs associated with the increased focus on strategic
planning and resource management capacity-building and other aspects of
this priority.
Changes: None.
Access to State Plans and Program Reports
Comment: Several commenters questioned whether the grantee would
have the necessary access to Unified or Combined State Plans, State
monitoring reports, Annual Client Assistance Program Reports (RSA-227),
and input from VR clients.
Discussion: The approved Unified and Combined State plans can be
found at <a href="https://wioaplans.ed.gov/">https://wioaplans.ed.gov/</a>. The State monitoring reports, RSA-
227, State VR annual reports, and other pertinent information resources
are currently available on the RSA's upgraded information management
system, at <a href="http://rsa.ed.gov">rsa.ed.gov</a>. The Department expects that these information
resources will be used for two broad purposes under this priority: A
comprehensive needs assessment that the grantee will conduct at the
national level and the strategic planning activities that individual
CAPs will conduct at the State level. RSA will provide the CAP Training
grantee with technical assistance to access State Plans, RSA-227s,
State monitoring reports, and other pertinent resources for its
comprehensive needs assessment. In turn, the CAP Training grantee is
expected to help individual CAPs to access and analyze these resources
and to gather and assess input from VR clients and other key
stakeholders as part of their strategic planning activities.
Changes: None.
FINAL PRIORITY:
Rehabilitation Short-Term Training--Client Assistance Program (CAP
Training).
This CAP Training priority is designed to provide CAP professionals
the necessary knowledge, competencies, and skills to inform, assist,
and advocate for clients and client-applicants regarding expanded
education, training, and competitive integrated employment
opportunities and other services and benefits available under the
Rehabilitation Act of 1973, as amended by WIOA.
Under this priority, the grantee must provide comprehensive and in-
depth training and technical assistance activities that provide updated
information about CAP duties and responsibilities under the
Rehabilitation Act; expanded VR service provisions in the
Rehabilitation Act, including section 113 on pre-employment transition
services and section 511 regarding limitations on use of subminimum
wage; and on other education, training, and employment opportunities
under WIOA, including career pathways, apprenticeships, and customized
employment. The training and technical assistance must enhance CAP
professionals' individual and systems advocacy competencies and their
leadership, relationship-building, and outreach skills. In addition,
the training and technical assistance must strengthen the institutional
effectiveness of the CAPs in the individual States through strategic
planning and resource management capacity-building activities. In
providing the training and technical assistance, the grantee must
consider the challenges and opportunities experienced by the VR program
and other programs authorized under the Rehabilitation Act, as amended
by WIOA, and encourage greater communication and coordination between
the CAPs and those programs.
Under this priority, the Secretary funds only applications that
meet the project requirements outlined below. Applicants must describe
major implementation activities, timelines, and milestones for each of
the following project requirements:
(a) Training and technical assistance to increase CAP
professionals' knowledge, skills, and competencies in the four broad
subject areas and related topics:
(1) The Rehabilitation Act, as amended by WIOA, including--
(i) CAP duties and responsibilities under section 112(a) of the
Rehabilitation Act and other pertinent provisions including section
101(a)(16) regarding CAP consultation on draft policies and procedures
governing the provision of VR services and section 105(b) regarding CAP
membership on the SRC;
(ii) VR service provision requirements in the Rehabilitation Act
and its regulations, policy guidance, and legal decisions, including
those regarding section 113 on pre-employment transition services and
section 511 regarding limitations on use of subminimum wage;
(iii) Requirements related to other projects, programs, and
services under the Rehabilitation Act, as amended by WIOA, including
the independent living programs authorized in Title VII;
(iv) Expanded training, education, and employment opportunities
under WIOA, including but not limited to the provision of pre-
employment transition services, apprenticeships, customized employment,
career pathways, and the focus on postsecondary credential attainment,
including advanced degrees;
(v) Challenges and opportunities in implementing the expanded VR
service provisions and other benefits available under the
Rehabilitation Act, as amended by WIOA, including consideration of
Federal and State statutes, regulations, and policies that impact the
delivery of VR services in the States, such as the transition services
provisions of the Individuals with Disabilities Education Act;
(vi) Obstacles that individuals with disabilities--including
individuals with the most significant disabilities, students and youth
with disabilities, members of traditionally unserved or underserved
groups, and individuals in economically disadvantaged communities--
experience in accessing VR services and other services and benefits
under the Rehabilitation Act; and
(vii) The complementary roles of CAPs, State VR agencies, SRCs,
community rehabilitation programs, WIOA core partners, and key
stakeholders of the VR program and other services and programs
authorized by the Rehabilitation Act, as amended by WIOA.
(2) Discrete skills related to CAP duties and responsibilities,
including--
(i) Individual advocacy;
(ii) Systems advocacy;
(iii) Alternate dispute resolution; and
[[Page 32773]]
(iv) Leadership, relationship-building, and outreach.
(3) Strategic planning, including--
(i) Assessments of the State's program priorities, challenges,
needs, and opportunities in implementing the expanded VR program
provisions and other benefits and services under the Rehabilitation
Act, as amended by WIOA. Strategic assessments may include targeted
reviews of the Unified or Combined State Plans, monitoring reports,
Annual Client Assistance Program Report (RSA-227), other State Plans
and reports, and input from agency leadership and staff, SRC members,
clients, applicants, and other key stakeholders;
(ii) Development of the individual CAPs' strategic goals and action
plans (including their particular training or technical assistance
needs), based on identified program priorities, challenges, needs, and
opportunities; and
(iii) Strategic outreach and engagement with State VR agencies,
SRCs, and other stakeholders associated with the programs and services
authorized under the Rehabilitation Act to increase collaboration in
support of improved service delivery and outcomes in the State.
(4) Resource management, including--
(i) Budgeting and financial oversight practices in support of
strategic goals and objectives, consistent with Generally Accepted
Accounting Practices; and
(ii) Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, at 2 CFR part 200, pertinent to
CAP and VR program operations.
(b) Comprehensive plan for the provision of training and technical
assistance on the required subject areas and topics, based on a
comprehensive assessment of CAP professionals' needs. The training and
technical assistance plan must describe the following:
(1) Subject areas and topics, specifically, how they will be
prioritized and made available in the initial year and subsequent years
of the project;
(2) Training activities, consisting of both established training
modules and ad hoc training responsive to emerging circumstances or
trends;
(3) Technical assistance, consisting of individualized assistance
on applying principles and practices from training on the required
subject areas and topics, as well as consultation on options for
applying existing law, regulations, and RSA-issued guidance to specific
factual circumstances that arise in the course of CAP professionals'
individual or systems advocacy efforts;
(4) Training and technical assistance curricula, materials, and
tools, which may incorporate the resources developed by current and
former RSA VR technical assistance centers and demonstration projects,
available at the National Clearinghouse of Rehabilitation Training
Materials;
(5) Information delivery methods, including in-person and virtual
activities, communities of practice, social media, and searchable
databases; and
(6) State-of-the-art communication tools and platforms, including
an interactive project website, distance learning and convening
technologies, and searchable databases.
The comprehensive needs assessment may comprise selective reviews,
on a national basis, of RSA-227s, Unified or Combined State Plans, RSA
State monitoring reports, other State Plans and reports, and input from
CAP professionals and key stakeholders, including VR agency and SRC
representatives.
(c) Quality control processes to ensure that training and technical
assistance activities and materials are updated to reflect the
statutory and regulatory changes in the Rehabilitation Act, as amended
by WIOA, the RSA policy guidance updates, and future reauthorizations
of the Rehabilitation Act.
(d) Coordination with and leveraging the resources of RSA's
vocational rehabilitation technical assistance centers and other
Federal or non-Federal programs, including the National Technical
Assistance Center on Transition and the recently funded RSA technical
assistance centers on Quality Employment and Quality Management in the
development and delivery of CAP Training project activities,
curriculum, materials, and tools.
(e) Coordination with the entity providing training and technical
assistance to the Protection and Advocacy of Individual Rights program,
consistent with section 509 of the Rehabilitation Act.
(f) Comprehensive evaluation plan based on performance measures
established in the notice inviting applications, consistent with the
Government Performance and Results Act.
CAP Training performance will be assessed based on the following
considerations:
(a) Increased capacity to provide individual and systems advocacy,
alternative dispute resolution, and outreach to unserved or underserved
populations, as reported by the CAP professionals.
(b) Trends in pertinent CAP services, including individual and
systems advocacy.
(c) Relationship between the observed CAP services trends and the
training and technical assistance provided under this priority.
The performance evaluation will be based on a variety of
quantitative and qualitative data sources, including, but not limited
to:
(a) RSA-227;
(b) Pre- and post-training assessments;
(c) Questionnaires, surveys, and focus groups;
(d) Success stories; and
(e) Peer reviews.
The evaluation plan must include a logic model that outlines the
proposed project activities, outputs, outcomes, baselines, and targets.
The plan also must describe how the evaluation results will be used to
promote continuous program improvement throughout the grant's period of
performance.
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)).
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 this priority, we invite applications
through a notice in the Federal Register.
[[Page 32774]]
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Office of Management and Budget
(OMB) must determine whether this regulatory action is ``significant''
and, therefore, subject to the requirements of the Executive order and
subject to review by OMB. Section 3(f) of Executive Order 12866 defines
a ``significant regulatory action'' as an action likely to result in a
rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local, or
Tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This 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 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 only on a reasoned determination
that the benefits will justify the costs. In choosing among alternative
regulatory approaches, we selected those approaches that maximize net
benefits. Based on the analysis that follows, the Department believes
that this regulatory action is consistent with the principles in
Executive Order 13563.
We have also determined that this regulatory action will 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 will include the time and effort in responding to the
priority for entities that choose to respond. Potential benefits
include increased access to the educational, training, and competitive
integrated employment opportunities under the Rehabilitation Act, as
amended by WIOA, for individuals with disabilities, through improved
CAP professional development and institutional capacity nationwide.
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 Federal financial assistance.
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 will 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 States and public or private nonprofit agencies and organizations,
including Indian Tribes and institutions of higher education, which are
the eligible applicants for this program. We believe that the costs
imposed on an applicant by the final priority are limited to the
paperwork burden related to preparing an application and that the
benefits of the final priority will 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. For these
reasons, the final priority will not impose a burden on a significant
number of small entities.
Paperwork Reduction Act of 1995: The priority contains information
collection requirements that are approved by OMB under OMB control
number 1820-0018; the priority does 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 <a href="http://www.govinfo.gov">www.govinfo.gov</a>. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF you must have Adobe Acrobat Reader, which is available free at
the site.
You may also access documents of the Department published in the
Federal
[[Page 32775]]
Register by using the article search feature at:
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. Specifically, through the advanced search
feature at this site, you can limit 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. 2021-13191 Filed 6-17-21; 4:15 pm]
BILLING CODE 4000-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.