Proposed Rule2023-02601
Proposed Priority and Definition-Activities for Underserved Populations
Primary source
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Published
February 8, 2023
Issuing agencies
Education Department
Abstract
The U.S. Department of Education (Department) proposes a priority and definition under the Rehabilitation Act of 1973, as amended (Rehabilitation Act), for Activities for Underserved Populations, Assistance Listing Number (ALN) 84.315C. The purpose of this priority is to make awards 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 underserved populations. For this priority, as discussed further in SUPPLEMENTARY INFORMATION, we propose to define "underserved populations" to mean "Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders, and other persons of color." The Department may use the proposed priority and definition for competitions in fiscal year (FY) 2023 and later years.
Full Text
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[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Proposed Rules]
[Pages 8242-8249]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02601]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2023-OSERS-0020]
Proposed Priority and Definition--Activities for Underserved
Populations
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Proposed priority and definition.
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SUMMARY: The U.S. Department of Education (Department) proposes a
priority and definition under the Rehabilitation Act of 1973, as
amended (Rehabilitation Act), for Activities for Underserved
Populations, Assistance Listing Number (ALN) 84.315C. The purpose of
this priority is to make awards 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 underserved populations. For this priority, as
discussed further in SUPPLEMENTARY INFORMATION, we propose to define
``underserved populations'' to mean ``Black, Latino, and Indigenous and
Native American persons, Asian Americans and Pacific Islanders, and
other persons of color.'' The Department may use the proposed priority
and definition for competitions in fiscal year (FY) 2023 and later
years.
DATES: We must receive your comments on or before March 10, 2023.
ADDRESSES: Comments must be submitted via the Federal eRulemaking
Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. However, if you require an accommodation
or cannot otherwise submit your comments via <a href="http://regulations.gov">regulations.gov</a>, please
contact the program contact person listed under FOR FURTHER INFORMATION
CONTACT. The Department will not accept comments by fax or by email, or
comments submitted after the comment period closes. To ensure that the
Department does not receive duplicate copies, please submit your
comments only once. Additionally, please include the Docket ID at the
top of your comments.
Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> to submit
your comments electronically. Information on using Regulations.gov,
including instructions for finding a rule on the site and submitting
comments, is available on the site under ``FAQ.''
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>. Therefore, commenters should include in their
comments only information about themselves that they wish to make
publicly available. Commenters should not include in their comments any
information that identifies other individuals or that permits readers
to identify other individuals.
FOR FURTHER INFORMATION CONTACT: Kristen Rhinehart-Fernandez, U.S.
Department of Education, 400 Maryland Avenue SW, Room 5076, Potomac
Center Plaza, Washington, DC 20202-5076. Telephone: (202) 245-6103.
Email: <a href="/cdn-cgi/l/email-protection#f5c6c4c0b6b59091db929a83"><span class="__cf_email__" data-cfemail="d0e3e1e59390b5b4feb7bfa6">[email protected]</span></a>.
If you are Deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
the proposed priority and definition. To ensure that your comments have
maximum effect in developing the final priority and definition, we urge
you to clearly identify the parts of the proposed priority or
definition that each comment addresses. In addition to your general
comments and recommended clarifications, we are particularly interested
in comments about whether the proposed priority or any of the
[[Page 8243]]
proposed requirements included in the priority would be challenging to
meet, especially for new applicants, and, if so, how the proposed
priority and its requirements could be revised to address potential
challenges. In addition, responses to the directed question below will
assist the Department in developing a priority based on critical
feedback from the field.
Directed Questions:
The proposed priority would require applicants to provide training
and technical assistance to a minimum of 15 State Vocational
Rehabilitation (VR) agencies (Combined, General, or Agencies for the
Blind) over a five-year period. The Department identified a minimum
number of State VR agencies based on factors such as cost, level of
effort, scope of the project, duration of the training and technical
assistance, and the unique challenges and demographics of State VR
agencies. Considering these factors, are there any challenges to
providing training and technical assistance to a minimum of 15 State VR
agencies over a five-year period? Is it reasonable to provide training
and technical assistance to more than 15 State VR agencies and if not,
what would be an achievable minimum target over a five-year period?
Please provide justification to support your responses, if possible.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866 and 13563 and their overall
requirement of reducing regulatory burden that might result from the
proposed priority. Please let us know of any further ways we could
reduce potential costs or increase potential benefits while preserving
the effective and efficient administration of the program. The
Department also welcomes comments on any alternative approaches to the
subjects addressed by the proposed regulations.
During and after the comment period, you may inspect all public
comments about the proposed priority and definition by accessing
Regulations.gov. You may also inspect the comments in person. Please
contact the person listed under FOR FURTHER INFORMATION CONTACT to make
arrangements to inspect the comments in person.
Assistance to Individuals With Disabilities in Reviewing the
Rulemaking Record: On request, we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for the proposed priority and definition. If
you want to schedule an appointment for this type of accommodation or
auxiliary aid, please contact the person listed under FOR FURTHER
INFORMATION CONTACT.
Purpose of Program: The purpose of this activity for underserved
populations is to make awards to minority entities and Indian Tribes to
conduct research, training, technical assistance, or a related activity
to improve the quality, access, delivery of services, and competitive
integrated employment outcomes under the Rehabilitation Act, especially
for individuals with disabilities from underserved populations. As
defined in the Rehabilitation Act, ``minority entity'' means a
historically Black college or university, a Hispanic-serving
institution of higher education, an American Indian Tribal college or
university, or another institution of higher education whose minority
student enrollment is at least 50 percent. The definition of ``Indian
Tribe'' in section 7(19)(B) of the Rehabilitation Act is ``any Federal
or State Indian tribe, band, rancheria, pueblo, colony, or community,
including any Alaskan native village or regional village corporation
(as defined in or established pursuant to the Alaska Native Claims
Settlement Act) and a tribal organization (as defined in section 4(1)
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b(1)).''
Program Authority: 29 U.S.C. 718(b)(2)(B).
Proposed Priority and Definition:
Background:
The purpose of this proposed priority, together with the proposed
definition, is to improve the delivery of Vocational Rehabilitation
(VR) services to, and employment outcomes of, individuals with
disabilities from underserved populations. The proposed priority would
support training and technical assistance for a minimum of 15 State VR
agencies (Combined, General, or Agencies for the Blind) over a five-
year period so that the agencies are equipped to serve as role models
for diversity, equity, inclusion, and accessibility in the workforce
system by implementing policies, practices, and service delivery
approaches designed to contribute to increasing competitive integrated
employment outcomes for individuals with disabilities from underserved
populations. Further, the proposed priority would require contributions
to VR research and pedagogical practices that promote access to
approaches that are racially, ethnically, culturally, and
linguistically inclusive.
The proposed priority also incorporates findings, strategies, and
recommendations from the Vocational Rehabilitation Technical Assistance
Center for Targeted Communities \1\ (herein referred to as Targeted
Communities), funded by the Department from FY 2016 through FY 2021. In
the Final Report, Targeted Communities found that inequities and
challenges experienced by underserved populations must be better
understood by personnel working in State VR programs. Specifically, one
of the findings suggested that increased understanding of the lived
experience, daily stressors, and subsequent trauma faced by many,
including individuals with disabilities from underserved populations,
can help to modernize the VR program, build trust between individuals
with disabilities from underserved populations and VR program
personnel, and improve service delivery.
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\1\ Final Report from the Vocational Rehabilitation Technical
Assistance Center for Targeted Communities (Project E3) (PR/Award
#H264F150003): <a href="https://ncrtm.ed.gov/library/detail/vocational-rehabilitation-technical-assistance-center-targeted-communities-project">https://ncrtm.ed.gov/library/detail/vocational-rehabilitation-technical-assistance-center-targeted-communities-project</a> and project website: <a href="https://projecte3.com/">https://projecte3.com/</a>
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In support of the need for activities for individuals with
disabilities from underserved populations, Congress found that
``patterns of inequitable treatment of minorities have been documented
in all major junctures of the vocational rehabilitation process. As
compared to white Americans, a larger percentage of African-American
applicants to the vocational rehabilitation system is denied
acceptance. Of applicants accepted for service, a larger percentage of
African-American cases is closed without being rehabilitated.
Minorities are provided less training than their white counterparts.
Consistently, less money is spent on minorities than on their white
counterparts'' (Section 21(a)(3) of the Rehabilitation Act of 1973, as
amended).
Data from the Rehabilitation Services Administration (RSA) 911 \2\
and the Bureau of Labor Statistics also support the need for activities
that serve individuals with disabilities from underserved populations.
The following data points demonstrate inequities in employment and
competitive integrated employment outcomes based on race.
[[Page 8244]]
According to RSA-911 data, in Program Year (PY) 2021, 23.4 percent
(188,807 of 808,384) of VR participants identified their race as Black/
African American and 71.9 percent (581,069 of 808,384) identified their
race as white. In the same year, the VR employment rate for Black
Americans was 38.9 percent (24,944 of 64,081) while the VR employment
rate for white Americans was 46.6 percent (91,070 of 195,528). Further,
according to the Bureau of Labor Statistics (2021), the overall
unemployment rate among persons with a disability was 15 percent for
Black Americans and 9.3 percent for white Americans. The proposed
priority addresses areas within VR that can be strengthened to improve
opportunities for individuals with disabilities from underserved
populations. Under the proposed priority, training and technical
assistance would be provided to State VR agencies in areas that include
identifying and addressing inequalities in service delivery, securing a
diverse and well-prepared VR workforce, supporting cross-agency and
cross-community partnerships at the State and local levels, and
providing tools designed to ensure that VR program participants from
underserved populations receive equitable access to resources and
referrals needed to meet their full potential. These areas are aligned
with the Secretary's Supplemental Priorities and Definitions for
Discretionary Grant Programs, published in the Federal Register on
December 10, 2021 (86 FR 70612) and Executive Order 13985 for Advancing
Racial Equity and Support for Underserved Communities Through Federal
Government, published in the Federal Register on January 25, 2021.
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\2\ The RSA-911 collects a variety of data about 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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To address any inequities in the VR system and better enable
individuals with disabilities from underserved populations to access
the VR resources needed to secure competitive integrated employment and
reach future goals, under the priority, a grantee would be required to
work with a minimum of 15 State VR agencies to examine and analyze data
between VR program participants from underserved populations and VR
program participants who are not from underserved populations from
eligibility determination to exit. The information gathered would
inform training and technical assistance activities designed for each
identified State agency. In developing training and technical
assistance activities, applicants are encouraged to consider relevant
strategies identified in the Targeted Communities project. For example,
several Targeted Communities sites identified Community-Based
Participatory Research (CBPR) as a strategy to gain an understanding of
a community's unique issues and concerns. The methodology behind CBPR
is predicated on deep and extensive community involvement in
identifying and resolving issues and concerns. State VR agencies may
benefit from training and technical assistance activities that use data
and information gathered about employment outcomes for underserved
populations to inform outreach, build trust in the communities they are
serving, and increase competitaive integrated employment opportunities.
VR professionals play a critical role in ensuring equity in the
workforce system as well as VR participant success. A diverse VR
workforce benefits all individuals with disabilities, and counselor
diversity in particular can improve competitive integrated employment
outcomes for underserved populations. Within the comparative field of
mental health, research indicates a significant correlation between
race concordance and quality of care for underserved populations. Race
concordance occurs when patients and providers have a shared racial or
ethnic identity (Coates et al., 2022). In a 2021 study conducted by
Georgetown University researchers, 47 parents of Black patients with
mental health disabilities were surveyed to determine preferences
regarding race concordance. According to the study, 83 percent of all
survey participants preferred race concordance and believed it was
important for providers to be of the same race or ethnicity as their
patients. The study found that participants with a race concordance
preference felt enhanced comfort and safety, relatability, and cultural
understanding when patients and providers shared the same race or
ethnicity. Participants also attributed race concordance to enhanced
feelings of trustworthiness and mutual respect, which led to progress
in mental health treatment. This study indicates that the commonality
of race or ethnicity between provider and patient of underserved
populations improves quality of care. VR consumers from underserved
populations would benefit from a diverse pool of VR counselors. Through
the proposed priority, we seek to strengthen the diversity of the VR
workforce to enhance the delivery of VR services for individuals with
disabilities from underserved populations.
State VR agencies are an essential resource, providing and
connecting individuals with disabilities with resources and referrals
they need to meet their full potential. It is vital that individuals
with disabilities from underserved populations have equitable access to
education, job training, and other community resources to achieve
competitive integrated employment outcomes. These needs are best met
through cross-agency coordination and partnerships between State VR
agencies, community rehabilitation providers, educational institutions,
and other service-oriented organizations in the community. The proposed
priority would require grantees to establish or build on existing
cross--agency partnerships, community and faith-based partnerships, and
partnerships with local nonprofit organizations and business and
philanthropic organizations to communicate the use and benefits of VR
services and support pathways to education and employment. We believe
such effective partnerships can strengthen community vitality and
support long-term change. In the Targeted Communities project, six
sites identified a community outreach and orientation strategy to
increase referrals for VR services from community-based organizations
and applications from individuals with disabilities. Strengthened
community partnerships led to formalized agreements between partner
agencies and, as a result, led to formalized agreements between VR and
partner sites.
For these reasons, the Department proposes a priority that would
expand promising and effective practices for serving individuals with
disabilities from underserved populations and provide training and
technical assistance that may be replicated and sustained across State
VR agencies and incorporated into rehabilitation counseling programs.
By creating a culture of shared responsibility, accountability, and
inclusivity within State VR agencies, the proposed priority is designed
to strengthen the delivery of services to individuals with disabilities
from underserved populations and increase competitive integrated
employment outcomes.
To ensure a common understanding of the proposed priority, we
propose to define ``underserved populations'' to mean Black, Latino,
and Indigenous (including Alaska Natives and Native Hawaiians) and
Native American persons, Asian Americans and Pacific Islanders, and
other persons of color. This definition focuses on the racial and
ethnic characteristics of underserved populations because the program
authority under which the funding is appropriated is based on
Congressional findings regarding the inequitable
[[Page 8245]]
treatment of individuals from minorities backgrounds in the VR process
and instructs the Secretary to concentrate on improving the outcome of
services provided under the Act to individuals from minority
backgrounds. 29 U.S.C. 718 (Section 21 ``Traditionally underserved
populations''). The language used in the definition is aligned with the
Secretary's Supplemental Priorities published in the Federal Register
on December 10, 2021 (86 FR 70612) and Executive Order 13985,
``Advancing Racial Equity and Support for Underserved Communities
Through the Federal Government,'' published in the Federal Register on
January 25, 2021 (86 FR 7009).
We propose this definition to clarify that the purpose and intent
of this activity under 29 U.S.C. 718(b)(2)(B) is to make awards ``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.''
Nothing in the proposed priority or definition would alter an
applicant's or grantee's obligations to comply with nondiscrimination
requirements in Federal civil rights laws.
References
Coates, E., Moore, C., Watson, A., de Heer, R., McLeod, A., &
Prudhomme, A. (2022). ``It's Important to Work with People that Look
Like Me'': Black Patients' Preferences for Patient-Provider Race
Concordance. Journal of racial and ethnic health disparities, 1-13.
Advance online publication. <a href="https://doi.org/10.1007/s40615-022-01435-y">https://doi.org/10.1007/s40615-022-01435-y</a>
Persons with a Disability: Labor Force Characteristics (2021).
Economic News Release. U.S. Bureau of Labor Statistics. <a href="https://www.bls.gov/cps/tables.htm">https://www.bls.gov/cps/tables.htm</a>
Rehabilitation Act of 1973, as amended, Section 21(a)(3).
U.S. Bureau of Labor Statistics Current Population Survey (2019).
<a href="https://www.bls.gov/cps/tables.htm">https://www.bls.gov/cps/tables.htm</a>
Targeted Communities. Final Report from the Vocational
Rehabilitation Technical Assistance Center for Targeted Communities
(Project E3) (PR/Award # H264F150003) <a href="https://ncrtm.ed.gov/library/detail/vocational-rehabilitation-technical-assistance-center-targeted-communities-project">https://ncrtm.ed.gov/library/detail/vocational-rehabilitation-technical-assistance-center-targeted-communities-project</a> and project website: <a href="https://projecte3.com/">https://projecte3.com/</a>.
Proposed Priority:
Improving the Delivery of Vocational Rehabilitation Services to,
and the Employment Outcomes of, Individuals with Disabilities from
Underserved Populations.
Under this priority, the Department provides funding for a
cooperative agreement for a minority entity or an Indian Tribe to
provide training and technical assistance to a minimum of 15 State VR
agencies (Combined, General, or Agencies for the Blind) over a five-
year period of performance so that the agencies are equipped to serve
as role models for diversity, equity, inclusion, and accessibility in
the workforce system by implementing policies, practices, and service
delivery approaches that are designed to contribute to increasing
competitive integrated employment outcomes for individuals with
disabilities from underserved populations. Further, the grantee must
contribute to VR research and pedagogical practices that promote access
to approaches that are racially, ethnically, culturally, and
linguistically inclusive.
During the first year of the project the grantee will focus on
developing training and technical assistance material and gathering
input and feedback from a diverse group of stakeholders including RSA,
State VR agencies, and other relevant partners. During the period of
performance, the grantee must enter into agreements with the State VR
agencies receiving training and technical assistance. Each agreement
must: specify the level of involvement from VR agency leadership and
personnel and include an assurance that the VR agency is committed to
sustainable systems change across the organization for improving
delivery of services to underserved populations; explain how data will
be collected and shared; identify training and technical assistance
needs, intervention strategies, and implementation timelines; and
describe how outcomes will be measured. The grantee must have a minimum
of two agreements in place by the end of the first year of the grant.
Application Requirements
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 this requirement. To meet this
requirement, applicants must--
(a) Demonstrate, in the narrative section of the application under
``Significance of the Proposed Project,'' an understanding of the
inequalities and challenges experienced by individuals with
disabilities from underserved populations determined eligible to
receive VR services. To meet this requirement, applicants must--
(1) Present information and relevant data about the disparities
that exist with respect to VR services and employment outcomes for
underserved populations; and
(2) Describe how the project proposes to improve VR services for,
and competitive integrated employment outcomes of, underserved
populations.
(b) Demonstrate, in the narrative section of the application under
``Quality of Project Design,'' how the project will address
inequalities and challenges experienced by underserved populations
determined eligible to receive VR services. To meet this requirement,
applicants must--
(1) Demonstrate knowledge and experience working with individuals
with disabilities from underserved populations;
(2) Incorporate into the project design current research and
promising and evidence-based practices (EBPs),\3\ research about adult
learning principles and implementation science, and relevant findings,
recommendations, and relevant strategies identified by the Targeted
Communities project to overcome barriers to competitive integrated
employment and VR participation for individuals with disabilities from
underserved populations;
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\3\ For purposes of these requirements, ``evidence-based
practices'' (EBPs) means, at a minimum, demonstrating a rationale
(as defined in 34 CFR 77.1) based on high-quality research findings
or positive evaluation that such activity, strategy, or intervention
is likely to improve student outcomes or other relevant outcomes.
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(3) Detail how the project will collect and examine data, including
from the RSA-911 and other relevant sources, from a minimum of 15 State
VR agencies regarding VR applicants, VR-eligible individuals, and VR
participants by race/ethnicity by:
(i) Exploring patterns, changes, or shifts in demographics for
individuals with disabilities from underserved populations;
(ii) Explore data, by race/ethnicity, from each State VR agency
regarding VR applicants to identify opportunities for increased
outreach to and referral of individuals with disabilities from
underserved populations to VR services;
(iii) Examining data, by race/ethnicity, from each State VR agency
regarding selected VR services and competitive integrated employment
outcomes at exit to identify inconsistencies or gaps in the provision
of services;
(iv) Examining data from each State VR agency to identify reasons
for successful and unsuccessful closures between VR program
participants from underserved populations and VR program participants
who are not from underserved populations; and
[[Page 8246]]
(v) Reviewing each State VR agency's service delivery model from
eligibility determination to exit; and
(4) Present approaches for how the information and data described
above will be used to inform strategies to improve the delivery of
services to individuals with disabilities from underserved populations
for each of the identified State VR agencies. For example, applicants
may consider conducting a needs assessment and asset map for each of
the identified State VR agencies to identify existing programs and
services and businesses and philanthropic organizations in the
community, as well as potential gaps and opportunities for
collaboration, to support individuals with disabilities from
underserved populations in successfully obtaining competitive
integrated employment. Applicants may also consider designing a long-
term data collection tool and provide analytical support and training
to the identified State VR agencies to identify additional data
elements not captured in the RSA-911 or other case management systems
to continually assess the quality of services and outcomes for
individuals with disabilities from underserved populations and
individuals with disabilities not from underserved populations.
(c) Demonstrate, in the narrative section of the application under
``Quality of Project Services,'' how the project will be designed so
that policies, practices, and service delivery approaches will
contribute to increased competitive integrated employment outcomes for
individuals with disabilities from underserved populations. To meet
this requirement, applicants must--
(1) Propose training and technical assistance activities that will
be offered to the identified State VR agencies. Training and technical
assistance activities will be further developed during the first year
of the grant and described in the agreements with the identified State
VR agencies based on needs and analysis of data. Training and technical
assistance activities may include, but are not limited to, (i)
assisting in State VR agency coordination and cross-agency partnerships
with State and local agencies and community-based organizations,
workforce programs, educational institutions, and other relevant local
community agencies and organizations (i.e., agencies and organizations
that provide services and supports related to behavioral and mental
health, substance dependence, intellectual developmental disabilities,
and other areas of need such as housing, food, transportation, and
healthcare) to strengthen outreach and awareness about VR programs and
services, build trust between State VR agency counselors and
individuals with disabilities from underserved populations, and connect
individuals from underserved populations determined to be VR eligible
with necessary supports to successfully obtain competitive integrated
employment; (ii) reviewing policies, practices, and procedures from the
identified State VR agencies and providing recommendations to help
ensure they are culturally appropriate and implemented in an
appropriate manner; (iii) developing strategies to strengthen diversity
in the VR workforce (e.g., reviewing hiring practices from the
identified State VR agencies and identifying strategies that expand
outreach to VR counselors from underserved populations and mentoring
and coaching activities for new and existing VR counselors and
paraprofessionals, human resource and professional development
specialists, and VR management and leadership personnel from
underserved populations); and (iv) any other activity that improves
understanding, responsiveness, and delivery of services to, and
competitive integrated employment outcomes for, underserved
populations;
(2) Detail how those activities will incorporate relevant
strategies and promising and effective practices identified by the
Targeted Communities Project and other EBPs or related sources, to the
extent possible;
(3) Explain how training and technical assistance activities will
be of high quality and sufficient intensity and duration to achieve the
intended outcomes of the project;
(4) Describe how remote learning \4\ opportunities will be
incorporated into the project. Remote learning opportunities should
offer experiences that advance engagement and implementation (e.g.,
synchronous and asynchronous professional learning, professional
learning networks or communities, and coaching), which could also be
incorporated into Rehabilitation Counseling programs, as well as other
training and professional development activities designed for the VR
workforce, as appropriate. The remote learning environment must be
accessible to individuals with disabilities in accordance with Section
504 of the Rehabilitation Act of 1973;
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\4\ ``Remote learning'' means programming where at least part of
the learning occurs away from the physical building in a manner that
addresses a learner's educational needs. Remote learning may include
online, hybrid/blended learning, or non-technology-based learning
(e.g., lab kits, project supplies, paper packets).(85 FR
86550(December 30, 2020))
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(5) Describe their knowledge, skills, and experience to support the
training and technical assistance activities described above;
(6) Describe how the project will contribute to VR research and
pedagogical practices that promote access to approaches that are
racially, ethnically, culturally, and linguistically inclusive. To meet
this requirement, applicants must describe how they will--
(i) Disseminate to all State VR agencies, RSA-funded Rehabilitation
Long-Term Training projects and TA Centers, Department-funded programs,
and Federal partners, as applicable, training and technical assistance
material, analysis of data collected, evidence-based and promising
practices, and lessons learned;
(ii) Develop products, such as toolkits, guides, manuals, webinars,
and communities of learning, for instructors, facilitators, State VR
agency directors, and human resource and professional development
specialists to facilitate the implementation of training and technical
assistance material in curriculum and relevant training and development
activities; and
(iii) Gather input and feedback from a diverse group of
stakeholders and subject matter experts, including RSA, State VR
agencies, and other relevant partners, throughout the project to inform
the development and delivery of the material described above.
(d) In the narrative section of the application under ``Quality of
the project evaluation,'' include an evaluation plan for the project.
The evaluation plan must describe--
(1) Clear and measurable outcomes;
(2) Approaches for measuring the effectiveness of the intervention
strategies identified in the agreements, including standards and
targets for measuring knowledge, skills, and abilities of State VR
agency personnel before and after completion of training activities. To
address this requirement, applicants must provide an approach for
determining--
(i) The most effective practices in improving the delivery of
services to individuals with disabilities from underserved populations
and the data that demonstrate the effectiveness of the practices; and
(ii) The most effective practices in creating a culture of systems
change within the State VR agency and the data that demonstrate the
effectiveness of the practices;
[[Page 8247]]
(3) Methodologies, including instruments, data collection methods,
and analyses, that will be used to evaluate the project and how the
methods of evaluation will produce quantitative and qualitative data to
demonstrate whether the project activities achieved their intended
outcomes;
(4) How the evaluation will be coordinated, implemented, and
revised, as needed, during the project. The applicant must designate at
least one individual with sufficient dedicated time, demonstrated
experience in evaluation, and knowledge of the project to coordinate
and conduct the evaluation. This may include, but is not limited to,
making revisions to reflect any changes or clarifications, as needed,
to the model and to the evaluation design and instrumentation with the
logic model (e.g., designing instruments and developing quantitative or
qualitative data collections that permit collecting of progress data
and assessing project outcomes);
(5) How evaluation results will be used to improve delivery of
services to VR program participants from underserved populations from
eligibility determination to exit. To address this requirement,
applicants must provide an approach to gather input and feedback that
includes the experiences of VR program participants from underserved
populations. Applicants may consider voluntary focus groups, use of a
unique identifier, or another approach that adheres to consumer
confidentiality requirements in 34 CFR 361.38; and
(6) A process for gathering feedback from the identified State VR
agencies for continuous improvement throughout years two, three, four,
and five of the project.
(e) Demonstrate, in the narrative section of the application under
``Quality of the Management Plan,'' how applicants 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,
subawards, and contracts, 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 and
management plan; and
(iv) Internal financial management controls to increase efficiency
and cost-effectiveness, including by reducing waste or achieving better
outcomes, and how the applicant will ensure accurate and timely
obligations, drawdowns, and reporting of grant funds, as well as
monitoring subawards as applicable, 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, subawards, as
applicable, and levels of effort of key personnel are appropriate and
adequate to achieve the project's intended outcomes;
(3) The products and services are of high quality, relevance, and
usefulness, in both content and delivery and are accessible to
individuals with disabilities in accordance with Section 504 of the
Rehabilitation Act of 1973, as applicable;
(4) The proposed project will benefit from a diversity of
perspectives; and
(5) Projects will be awarded and operated in a manner consistent
with nondiscrimination requirements contained in the Federal civil
rights laws.
(f) Include the following:
(1) In Appendix A, personnel-loading charts and timelines, as
applicable, to illustrate the management plan described in the
narrative;
(2) In Appendix A, a logic model \5\ that depicts, at a minimum,
the goals, activities, outputs, and outcomes of the proposed project;
---------------------------------------------------------------------------
\5\ ``Logic model'' (also referred to as a theory of action)
means a framework that identifies key project components of the
proposed project (i.e., the active ``ingredients'' that are
hypothesized to be critical to achieving the relevant outcomes) and
describes the theoretical and operational relationships among the
key project components and relevant outcomes. (34 CFR 77.1)
---------------------------------------------------------------------------
(3) An assurance to maintain a high-quality website, with an easy-
to-navigate design that is accessible to individuals with disabilities
in accordance with Section 504 of the Rehabilitation Act of 1973, as
applicable; and
(4) An assurance that training and technical assistance materials
such as outreach, training curricula, presentations, reports, outcomes,
and other relevant information will be submitted to RSA's National
Clearinghouse of Rehabilitation Training Materials (NCRTM) (<a href="https://ncrtm.ed.gov/">https://ncrtm.ed.gov/</a>) at least 90 days before the end of the final budget
period.
Note: If this proposed priority is used in a notice inviting
applications, under 34 CFR 75.708(b) and (c) a grantee would be able to
award subgrants to directly carry out project activities described in
its application to the following entities: institutions of higher
education, and public and private nonprofit organizations. There would
be no cost share or cost match requirements.
Proposed Definition:
Underserved populations means Black, Latino, and Indigenous and
Native American persons, Asian Americans and Pacific Islanders, and
other persons of color.
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 Priority and Definition:
We will announce the final priority and definition in a document in
the Federal Register. We will determine the final priority and
definition after considering responses to this document and other
information available to the Department. This document does not
preclude us from proposing additional priorities, requirements,
definitions, or selection criteria, subject to meeting applicable
rulemaking requirements.
Note: This document does not solicit applications. In any year in
which we choose to use this proposed priority and definition, we invite
applications through a notice in the Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Office of Management and Budget
(OMB) determines whether this
[[Page 8248]]
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.
OMB has determined that this proposed regulatory action is not a
significant regulatory action subject to review by OMB under section
3(f) of Executive Order 12866.
We have also reviewed this proposed regulatory action under
Executive Order 13563, which supplements and explicitly reaffirms the
principles, structures, and definitions governing regulatory review
established in Executive Order 12866. To the extent permitted by law,
Executive Order 13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing this proposed priority and definition only on a
reasoned determination that their benefits would justify the costs. In
choosing among alternative regulatory approaches, we selected the
approach that maximizes net benefits. Based on the analysis that
follows, the Department believes that this regulatory action is
consistent with the principles in Executive Order 13563.
The potential costs associated with this priority and definition
would be minimal, while the potential benefits are significant. The
Department believes that this regulatory action does not impose
significant costs on eligible entities. Participation in this program
is voluntary, and the costs imposed on applicants by this regulatory
action would be limited to paperwork burden related to preparing an
application. The potential benefits of implementing the program would
outweigh the costs incurred by applicants, and the costs of carrying
out activities associated with the application would be paid for with
program funds. For these reasons, we have determined that the costs of
implementation would not be burdensome for eligible applicants,
including small entities.
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.
In addition, we have considered the potential benefits of this
regulatory action and have noted these benefits in the background
section of this document.
Paperwork Reduction Act of 1995
The proposed priority contains information collection requirements
that are approved by OMB under OMB control number 1820-0028; the
proposed priority does not affect the currently approved data
collection.
Clarity of the Regulations
Executive Order 12866 and the Presidential memorandum ``Plain
Language in Government Writing'' require each agency to write
regulations that are easy to understand.
The Secretary invites comments on how to make the proposed priority
and definition easier to understand, including answers to questions
such as the following:
<bullet> Are the requirements in the proposed regulations clearly
stated?
<bullet> Do the proposed regulations contain technical terms or
other wording that interferes with their clarity?
<bullet> Does the format of the proposed regulations (grouping and
order of sections, use of headings, paragraphing, etc.) aid or reduce
their clarity?
<bullet> Would the proposed regulations be easier to understand if
we divided them into more (but shorter) sections?
<bullet> Could the description of the proposed regulations in the
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in
making the proposed regulations easier to understand? If so, how?
<bullet> What else could we do to make the proposed regulations
easier to understand?
To send any comments that concern how the Department could make
these proposed regulations easier to understand, see the instructions
in the ADDRESSES section.
Regulatory Flexibility Act Certification: The Secretary certifies
that this proposed regulatory action would not have a significant
economic impact on a substantial number of small entities. The U.S.
Small Business Administration Size Standards define ``small entities''
as for-profit or nonprofit institutions with total annual revenue below
$7,000,000 or, if they are institutions controlled by small
governmental jurisdictions (that are comprised of cities, counties,
towns, townships, villages, school districts, or special districts),
with a population of less than 50,000.
The small entities that this proposed regulatory action would
affect are minority entities and Indian Tribes that may apply. We
believe that the costs imposed on an applicant by the proposed priority
and definition would be limited to paperwork burden related to
preparing an application and that the benefits of the proposed priority
and definition would outweigh any costs incurred by the applicant. We
also
[[Page 8249]]
believe that there are very few entities that could provide the type of
technical assistance required under the proposed priority and
definition. For these reasons, the proposed priority and definition
would not impose a burden on a significant number of small entities.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. One of the
objectives of the Executive order is to foster an intergovernmental
partnership and a strengthened federalism. The Executive order relies
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
This document provides early notification of our specific plans and
actions for this program.
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 <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 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.
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. 2023-02601 Filed 2-7-23; 8:45 am]
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.