Rule2023-11601
Final Priority and Definition-Activities for Underserved Populations
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
May 31, 2023
Effective
June 30, 2023
Issuing agencies
Education Department
Abstract
The U.S. Department of Education (Department) announces a priority and definition under the Rehabilitation Act of 1973, as amended (Rehabilitation Act), for Activities for Underserved Populations program, Assistance Listing Number (ALN) 84.315C. We take this action to improve the delivery of vocational rehabilitation services to, and the employment outcomes of, individuals with disabilities from underserved populations. For this priority, we 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 this priority and definition for competitions in fiscal year (FY) 2023 and later years.
Full Text
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<title>Federal Register, Volume 88 Issue 104 (Wednesday, May 31, 2023)</title>
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[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Rules and Regulations]
[Pages 34750-34756]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11601]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2023-OSERS-0020]
Final Priority and Definition--Activities for Underserved
Populations
AGENCY: Office of Special Education and Rehabilitative Services
(OSERS), Department of Education.
ACTION: Final priority and definition.
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SUMMARY: The U.S. Department of Education (Department) announces a
priority and definition under the Rehabilitation Act of 1973, as
amended (Rehabilitation Act), for Activities for Underserved
Populations program, Assistance Listing Number (ALN) 84.315C. We take
this action to improve the delivery of vocational rehabilitation
services to, and the employment outcomes of, individuals with
disabilities from underserved populations. For this priority, we 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 this priority and
definition for competitions in fiscal year (FY) 2023 and later years.
DATES: Effective June 30, 2023.
FOR FURTHER INFORMATION CONTACT: Kristen Rhinehart-Fernandez, U.S.
Department of Education, 400 Maryland Avenue SW, Room 5076, Potomac
Center Plaza, Washington, DC 20202-5134. Telephone: (202) 245-6103.
Email: <a href="/cdn-cgi/l/email-protection#3f0c0e0a7c7f5a5b11585049"><span class="__cf_email__" data-cfemail="093a383c4a496c6d276e667f">[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:
Purpose of Program: A purpose of the Activities for Underserved
Populations program 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 section 21(b)(5) of 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(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(l)).''
Program Authority: 29 U.S.C. 718(b)(2)(B).
We published a notice of proposed priority and definition (NPP) for
this program in the Federal Register on February 8, 2023 (88 FR 8242).
That document contained background information and our reasons for
proposing the priority and definition.
There are no differences between the NPP and this notice of final
priority and definition (NFP), as discussed in the Analysis of Comments
and Changes section of this document.
Public Comment: In response to our invitation in the NPP, eight
parties submitted comments on the proposed priority and definition.
Generally, we do not address technical and other minor changes or
suggested changes the law does not authorize us to make under the
applicable statutory authority. In addition, we do not address general
comments that raised concerns not directly related to the proposed
priority and definition.
Analysis of Comments and Changes: An analysis of the comments and
of any changes in the priority since publication of the NPP follows.
Comment: One commenter commended the Department for including
Indian Tribes in the definition of ``underserved populations'' and
shared that it demonstrates a tangible effort to expand opportunities
for Indian Tribes and is a step forward in repairing and building trust
with the Tribes. Another commenter agreed that the priority would
strengthen the delivery of services to individuals with disabilities
from underserved populations.
Discussion: The Department appreciates support for this priority.
Changes: None.
Comment: One commenter expressed opposition to the proposed
priority, stating that by exclusively focusing on or prioritizing
awards to minority entities and Indian Tribes as described in 29 U.S.C.
718(b)(2)(B), the priority limits the entities described in 29 U.S.C.
718(b)(2)(C), which permits awards to a State or public or private
nonprofit agency or organization to provide outreach and technical
assistance to minority entities and Indian Tribes in order to increase
their participation in activities carried out under the Rehabilitation
Act and enhance their capacity to do so. The commenter asserted that
awards should be granted based on the best possible outcome, not the
race or ethnicity of the applicant.
Discussion: The proposed priority and definition are directly
aligned with the program statute. Section 21 of the Rehabilitation Act
(29 U.S.C. 718(b)(2)(A-C)) establishes three allowable activities for
this program and the entities eligible to receive awards for each of
the allowable activities. The Department has provided funding
opportunities under each of the allowable activities at different times
since this program was authorized, including section 718(b)(2)(C). For
this funding opportunity, as described in the NPP, the Department
determined that there was a need for the activities authorized by
section 718(b)(2)(B). The Department further determined that this
[[Page 34751]]
priority and definition align with such activities, as well as 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 20, 2021 (86 FR 7009).
Changes: None.
Comment: One commenter recommended that the priority include
targeted research and interventions in educational settings for Black,
Latino, and Indigenous and Native American persons, Asian Americans and
Pacific Islanders, and other persons of color who identify as LGBTQ+.
The commenter noted that LGBTQ+ youth of color experience higher rates
of homelessness and poverty and should be included in the priority.
Discussion: We appreciate the recommendation for including targeted
research and interventions in educational settings in the priority for
Black, Latino, and Indigenous and Native American persons, Asian
Americans and Pacific Islanders, and other persons of color who
identify as LGBTQ+. However, the purpose of the priority is to improve
the delivery of State vocational rehabilitation (VR) services to
individuals with disabilities from underserved populations with the
goal of improving competitive integrated employment outcomes. The
Department anticipates that the training and technical assistance
provided to State VR agencies through this priority will ultimately
benefit Black, Latino, and Indigenous and Native American persons,
Asian Americans and Pacific Islanders, and other persons of color, who
are individuals with disabilities, including those who identify as
LGBTQ+.
Changes: None.
Comment: One commenter stated that the priority should provide an
avenue for minority-serving institutions to train pre-service students
and build the capacity of future VR counselors to effectively serve
underserved populations. The commenter also suggested that additional
strategies are needed to build a critical mass of skilled researchers
at minority-serving institutions to study long-term inequities in
employment experienced by individuals with disabilities from
underserved populations. The commenter also inquired if applicants
could propose activities to build a pipeline at minority-serving
institutions to train and mentor students as future research leaders
who could generate novel knowledge that informs service intervention
and policy innovation for reducing employment disparities among
individuals with disabilities from underserved populations.
Discussion: The Department believes that pre-service training is
essential to improving VR services to, and competitive integrated
employment outcomes of, individuals with disabilities from underserved
populations. As stated in the priority, applicants are required to
disseminate training and technical assistance material, analysis of
data collected, evidence-based and promising practices, and lessons
learned to RSA-funded Rehabilitation Long-Term Training projects
designed to provide pre-service training, as well as RSA-funded
technical assistance centers, Department-funded programs, and Federal
partners, as applicable. In addition, applicants must 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.
The Department also agrees that research focused on inequities in
employment for individuals with disabilities from underserved
populations, and encouraging students at minority entities to engage in
such research, could help the VR system better enable individuals with
disabilities from underserved populations to access VR resources,
secure competitive integrated employment, and reach future goals. To
that end, the priority requires the grantee to contribute to VR
research and pedagogical practices that promote access to approaches
that are racially, ethnically, culturally, and linguistically
inclusive. Further, as described in paragraph (c)(iv) of the
Application Requirements, under ``Quality of Project Services,''
applicants may include any other training and technical assistance
activity that improves understanding, responsiveness, and delivery of
services to, and competitive integrated employment outcomes for,
underserved populations. For example, applicants may propose an
activity at a minority entity to train and mentor students who could
generate new knowledge that informs service intervention and policy
innovation for reducing employment disparities among individuals with
disabilities from underserved populations. However, activities included
under paragraph (c)(iv) should not be the entire focus of the project,
since the applicant must propose a project that, at a minimum, provides
direct training and technical assistance to VR agencies by conducting
all of the activities described under Application Requirements,
paragraphs (a) through (f) in a culturally appropriate manner.
Changes: None.
Comment: One commenter recommended that the Department also target
vulnerable populations such as English learners and individuals living
in rural or remote communities under this priority. The commenter added
that underserved and vulnerable populations often experience
disproportionate outcomes.
Discussion: The Department agrees with the commenter that English
learners and individuals living in rural or remote communities have
experienced inequities that have limited or prevented their ability to
achieve competitive integrated employment; however, the program
authority under which the funding is appropriated is based on
congressional findings regarding the inequitable treatment of
individuals from minority backgrounds in the VR process, and the
statute instructs the Secretary to concentrate on improving the outcome
of services provided under the Rehabilitation Act to individuals from
minority backgrounds. 29 U.S.C. 718 (Section 21, ``Traditionally
Underserved Populations''). Therefore, in order to comply with
statutory requirements, this priority focuses its definition of
``underserved populations'' on individuals from minority backgrounds:
``Black, Latino, and Indigenous and Native American persons, Asian
Americans and Pacific Islanders, and other persons of color.'' While
such underserved populations will likely include some English learners
and individuals from rural or remote areas, they are not specifically
included in the target population due to the statutory focus on
individuals from minority backgrounds in this particular funding
opportunity. However, under the priority, the grantee must contribute
to VR research and pedagogical practices that promote access to
approaches that are racially, ethnically, culturally, and
linguistically inclusive.
Changes: None.
Comment: One commenter recommended that we clearly define short-
and long-term goals in the priority. The commenter raised concerns
about the five-year performance period and proposed that the priority
set intervals for evaluating
[[Page 34752]]
the effectiveness of the training and technical assistance that the
grantee is providing to the identified State VR agencies. The commenter
added that the Delphi method (a term generally used to describe a
structured, iterative survey or feedback process to elicit and combine
expert opinion to reach consensus) could help analyze different phases
of development.
Discussion: The Department appreciates the commenter's concerns and
suggestions. The Department notes that, under paragraph (d) of the
Application Requirements, ``Quality of the Project Evaluation,''
applicants must include an evaluation plan for the project that
includes such periodic review. The plan must describe a process or
approach that will be used for gathering feedback from the identified
State VR agencies throughout years two, three, four, and five of the
project for continuous improvement and to evaluate the effectiveness of
the training and technical assistance provided to a minimum of 15 State
VR agencies. Additionally, under paragraph (d)(3), applicants must
describe 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. Applicants may propose the Delphi method or other appropriate
methods to meet this requirement.
Changes: None.
Comment: One commenter responded to the Department's directed
questions about the requirement for applicants to provide technical
assistance to a minimum of 15 State VR agencies (Combined, General, or
Agencies for the Blind) over a five-year period. The commenter spoke to
how the requirement of providing technical assistance to a minimum of
15 State VR agencies may deter Indian Tribes from applying for this
funding opportunity. The commenter recommended lowering the requirement
from a minimum of 15 State VR agencies to five because of limited
Tribal operating budgets, the rural location of many Tribes, andchanges
in program staff resulting from Tribal elections. As it applies to
Tribes located in Montana and the Rocky Mountain and Great Plains
regions, the commenter explained that the minimum requirement may
discourage Tribes from the funding opportunity altogether. The
commenter indicated that Tribes in Montana operate under very limited
budgets to meet the respective needs of the people they serve, and that
providing training and technical assistance to a minimum of 15 State VR
agencies over five years will likely contribute to additional budget
constraints and concerns. The commenter added that it would also be
difficult for Tribes in these regions to host or coordinate 15
trainings as Indian Reservations can be hundreds of miles from the
neighboring county seat. Additionally, the commenter shared that Tribal
elections could result in a change in the program applicant or program
coordinator within the five-year grant period, particularly in Montana,
where most Tribes hold elections every two years.
Discussion: We appreciate the commenter's concerns about the
capability of Indian Tribes located in rural areas to successfully
provide training and technical assistance to a minimum of 15 State VR
agencies over a five-year performance period, including concerns about
limited operating budgets and changes in Tribal government leadership.
There are currently 78 VR agencies (34 Combined VR agencies, 22 General
VR agencies, and 22 Blind VR agencies) and 93 Tribal VR programs. In
addition, the Department funds the American Indian Vocational
Rehabilitation Training and Technical Assistance Center and Tribal VR
Institute (AIVRTTAC), which assists Tribal governments to develop or to
increase their capacity to provide a program of vocational
rehabilitation services, in a culturally relevant manner, to American
Indians with disabilities residing on or near Federal or State
reservations. The program's goal is to enable these individuals,
consistent with their individual strengths, resources, priorities,
concerns, abilities, capabilities, and informed choice, to prepare for
and engage in gainful employment. Program services are provided under
an individualized plan for employment and may include native healing
services. The AIVRTTAC ensures that all materials and activities are
culturally responsive through providing culturally responsive teaching,
researching needs assessments, including examining and developing
culturally based promising VR practices, assisting AIVRTTAC
participants in adapting standard VR practices to the cultural and
social needs of AIVRS projects, using the AIVRTTAC holistic AIVRS
project model, and developing opportunities to bridge understanding
between cultures. 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. We note that
the grantee may offer training and technical assistance in-person and
remotely to the identified State VR agencies. The grantee may also
determine how many State VR agencies to serve each year over a five-
year period to meet the minimum requirement. In addition, applicants
may subgrant to Indian Tribes to directly carry out project activities
described in the priority, as stated in the notice inviting
applications published elsewhere in this issue of the Federal Register.
In addition to these factors, the Department also recognizes the
financial constraints of Indian Tribes, especially those located in
rural areas, may be a potential barrier to applying for this
competition. Therefore, the Department will expand the range of State
VR agencies the grantee must serve in the Final Priority from 15 to a
minimum range of 5 to 15 to ensure all applicants have an opportunity
to successfully meet the goals of this program. When determining a
minimum range of State VR agencies to serve, applicants should consider
the estimated available funds described in the notice inviting
applications published elsewhere in the Federal Register. Given the
Department only plans to award one grant, applicants are encouraged to
identify a meaningful number of State VR agencies to receive training
and technical assistance from this project in order to increase
competitive integrated employment outcomes for individuals with
disabilities from underserved populations.
Changes: In the Final 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 range of 5 to 15
State VR agencies (Combined, General, or Agencies for the Blind) over a
five-year period of performance.
Comment: One commenter recommended that individuals with 8(a)
certification (socially and economically disadvantaged small
businesses) be included as eligible applicants.
Discussion: We appreciate the comment. However, for-profit
entities, including small businesses, are not eligible applicants under
29 U.S.C. 718(b)(2)(B).
Changes: None.
Final Priority
Improving the Delivery of Vocational Rehabilitation Services to,
and the Employment Outcomes of, Individuals with Disabilities from
Underserved Populations.
[[Page 34753]]
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 range of 5 to 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 the
Rehabilitation Services Administration (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
inequities 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 inequities
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),\1\ research about adult
learning principles and implementation science, and relevant findings,
recommendations, and relevant strategies identified by the Targeted
Communities project \2\ to overcome barriers to competitive integrated
employment and VR participation for individuals with disabilities from
underserved populations;
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\1\ 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.
\2\ 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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(3) Detail how the project will collect and examine data, including
from the RSA-911 and other relevant sources, from a minimum range of 5
to 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) Exploring 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
(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
[[Page 34754]]
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 mental
health, substance use, behavioral health, 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 with disabilities 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, individuals
with disabilities from 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 \3\ 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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\3\ ``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).
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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 technical assistance 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;
(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--
[[Page 34755]]
(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 \4\ that depicts, at a minimum,
the goals, activities, outputs, and outcomes of the proposed project;
---------------------------------------------------------------------------
\4\ ``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.
---------------------------------------------------------------------------
(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.
Final 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)).
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.
Executive Orders 12866, 13563, and 14094
Regulatory Impact Analysis
Under Executive Order 12866, the Office of Management and Budget
(OMB) determines 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, as
amended by Executive Order 14094, 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 $200 million or more
(adjusted every 3 years by the Administrator of OIRA for changes in
gross domestic product); or adversely affect in a material way the
economy, a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, territorial, or
Tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise legal or policy issues for which centralized review would
meaningfully further the President's priorities or the principles
stated in the Executive order, as specifically authorized in a timely
manner by the Administrator of OIRA in each case.
This final regulatory action is not a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866
(as amended by Executive Order 14094).
We have also reviewed this final regulatory action under Executive
Order 13563, which supplements and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866. To the extent permitted by law, Executive Order
13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation,
[[Page 34756]]
including economic incentives--such as user fees or marketable
permits--to encourage the desired behavior, or provide information that
enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing this final priority and definition only on a
reasoned determination that their benefits 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.
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.
Summary of Potential Costs and Benefits
The Department believes that the costs associated with the final
priority and definition will 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 will be limited to paperwork burden related to
preparing an application. The potential benefits of implementing the
program will outweigh the costs incurred by applicants, and the costs
of carrying out activities associated with the application will be paid
for with program funds. For these reasons, we have determined that the
costs of implementation will not be burdensome for eligible applicants,
including small entities.
Paperwork Reduction Act of 1995
The final priority and definition contain information collection
requirements that are approved by OMB under OMB control number 1820-
0028; the final priority and definition do not affect the currently
approved data collection.
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 regulatory action will affect are
minority entities and Indian Tribes that may apply. We believe that the
costs imposed on an applicant by the final priority and definition will
be limited to paperwork burden related to preparing an application and
that the benefits of the final priority and definition will outweigh
any costs incurred by the applicant. We also believe that there are
very few entities that can provide the type of technical assistance
required under the final priority and definition. For these reasons,
the final priority and definition will 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.
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.
Glenna Wright-Gallo,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2023-11601 Filed 5-30-23; 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.