Proposed Rule2025-00268

Rehabilitation Long-Term Training Program

Primary source

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Published
January 21, 2025

Issuing agencies

Education Department

Abstract

The Department of Education (Department) proposes priorities and requirements under the Rehabilitation Long-Term Training (RLTT) program with a focus on the Comprehensive System of Personnel Development (CSPD) and six rehabilitation topic areas. The Department may use these priorities and requirements for competitions in fiscal year (FY) 2025 and later years. This action is intended to address the national needs for the RLTT program, particularly the retention of qualified vocational rehabilitation (VR) personnel in the field of State VR services and the training of RSA scholars who aspire to become VR professionals and will fill critical VR positions where there are shortages.

Full Text

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<title>Federal Register, Volume 90 Issue 12 (Tuesday, January 21, 2025)</title>
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[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Proposed Rules]
[Pages 6910-6915]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00268]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2024-OSERS-0138]


Rehabilitation Long-Term Training Program

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

ACTION: Proposed priorities and requirements.

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SUMMARY: The Department of Education (Department) proposes priorities 
and requirements under the Rehabilitation Long-Term Training (RLTT) 
program with a focus on the Comprehensive System of Personnel 
Development (CSPD) and six rehabilitation topic areas. The Department 
may use these priorities and requirements for competitions in fiscal 
year (FY) 2025 and later years. This action is intended to address the 
national needs for the RLTT program, particularly the retention of 
qualified vocational rehabilitation (VR) personnel in the field of 
State VR services and the training of RSA scholars who aspire to become 
VR professionals and will fill critical VR positions where there are 
shortages.

DATES: We must receive your comments on or before February 20, 2025.

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://www.regulations.gov">www.regulations.gov</a>, 
please contact the program contact person listed under FOR FURTHER 
INFORMATION CONTACT. The Department will not accept comments submitted 
by fax or by email, or after the comment period closes. To ensure the 
Department does not receive duplicate copies, please submit your 
comments only once. In addition, 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 <a href="http://Regulations.gov">Regulations.gov</a>, 
including instructions for accessing agency documents, submitting 
comments, and viewing the docket, is available on the site under 
``FAQ.''
    Note: The Department's policy is generally to make 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 be careful to only 
include information in their comments that they wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: Diandrea Bailey, U.S. Department of 
Education, 400 Maryland Avenue SW, room 4A10, Washington, DC 20202. 
Telephone: (202) 987-0126. Email: <a href="/cdn-cgi/l/email-protection#caf2fee4fbf8f38aafaee4ada5bc"><span class="__cf_email__" data-cfemail="ead2dec4dbd8d3aa8f8ec48d859c">[email&#160;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 priorities and requirements. To ensure that your comments 
have maximum effect in developing the final priorities and 
requirements, we urge

[[Page 6911]]

you to clearly identify the specific section of the proposed priorities 
and requirements that each comment addresses.
    We are particularly interested in comments about whether the 
proposed priorities or requirements would be challenging for new 
applicants to meet and, if so, how the proposed priorities or 
requirements could be revised to address potential challenges.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866, 13563, and 14094 and their 
overall requirement of reducing regulatory burden that might result 
from these proposed priorities and requirements. 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.
    During and after the comment period, you may inspect public 
comments about the proposed priorities and requirements, by accessing 
<a href="http://Regulations.gov">Regulations.gov</a>. To inspect comments in person, please contact the 
person listed under FOR FURTHER INFORMATION CONTACT.
    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 priorities and requirements. 
If you want to schedule an appointment for this type of aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.
    Purpose of Program: The purpose of the RLTT program is to provide 
financial assistance for academic training in areas of personnel 
shortages identified by the Secretary and published in a notice in the 
Federal Register. RLTT funds are awarded to colleges and universities. 
Grantees must award at least 65 percent of project funds as 
scholarships (i.e., awards of financial assistance, including 
disbursements or credits for student stipends, tuition and fees, books 
and supplies, and student travel in conjunction with training 
assignments) to students (herein referred to as RSA scholars) enrolled 
in the RLTT program.
    Assistance Listing Number: 84.129.
    Program Authority: 29 U.S.C. 772.
    Applicable Regulations: 34 CFR parts 385 and 386.
    Proposed Priorities: This document contains two proposed 
priorities. The Department may use one or both priorities for the FY 
2025 RLTT program competitions and for any subsequent competitions.
    Proposed Priority 1: RLTT Program for State VR Agencies' CSPD: 
Master's Degree or Certificate, Assistance Listing Number (ALN) 
84.129W.
    Background: The Department published a Notice of Final Priority in 
the Federal Register on July 23, 2014, establishing a priority for nine 
rehabilitation specialty areas of national need, including CSPD. 
Subsequently, RSA awarded eight CSPD grants to institutions of higher 
education (IHEs) in FY 2015 with a focus on providing academic training 
leading to a master's degree or academic certificate that supported 
State agency VR counselors. Grants were funded for a five-year cycle 
and expired in FY 2020. RSA has not awarded CSPD grants since FY 2015 
as the national need for CSPDs was not the primary priority. 
Additionally, the RSA discretionary Rehabilitation Training-State 
Vocational Rehabilitation Unit In-Service Training program that 
supported special projects to train state vocational rehabilitation 
unit personnel was no longer available in 2015 (as a result of the 
amendments to the Rehabilitation Act made by the Workforce Innovation 
and Opportunity Act). As such, there remains a need to provide 
continuing education to rehabilitation professionals and 
paraprofessionals within the designated State unit, particularly with 
respect to rehabilitation technology so that they can establish and 
maintain education and experience requirements, to ensure that the 
personnel have a 21st century understanding of the evolving labor force 
and the needs of individuals with disabilities as mandated by the 
Rehabilitation Act. This continuing education is also important for 
rehabilitation professionals and paraprofessionals to meet the current 
challenges facing State VR agencies and related agencies in assisting 
individuals with disabilities to achieve high-quality competitive 
integrated employment outcomes.
    Under Proposed Priority 1, applicants must propose a CSPD project 
that provides training to currently employed State VR agency personnel, 
including VR counselors with disabilities and VR counselors from 
racially and ethnically diverse backgrounds.
    The academic training for all participants must meet (A) the 
designated State unit (DSU) personnel standards required under section 
101(a)(7) of the Rehabilitation Act of 1973, as amended, and 34 CFR 
361.18 and (B) the qualifications for the master's degree or academic 
certificate specified in the State's CSPD plans or of the States with 
which the State VR counselors and other personnel are working.
    CSPD proposed projects must develop and use innovative approaches 
to train VR professionals, including using cutting-edge technology or 
innovative applications of advanced technology (e.g., hybrid learning 
and competency-based programs) to maximize participation in, and 
improve the effectiveness of, the academic training.
    Proposed Priority 2: RLTT Program for Rehabilitation Topic Areas, 
ALNs 84.129B, 84.129E, 84.129H, 84.129L, 84.129P, and 84.129Q.
    Background: The goal of this priority is to increase the number of 
RSA scholars, and upgrade the skills of qualified VR personnel, 
especially rehabilitation counselors, who are trained in providing VR 
and related services to assist individuals with disabilities to achieve 
competitive integrated employment through academic training in six 
rehabilitation topic areas. Upon successful completion of their program 
of study, RSA scholars will be prepared to effectively meet the needs 
and demands of consumers with disabilities, especially individuals with 
significant disabilities, and employers.
    Proposed Priority:
    Under the Proposed Priority 2, applicants must propose a project 
that provides academic training to RSA scholars where the training 
leads to a degree (undergraduate or master's level) or academic 
certificate in one of six rehabilitation topic areas that follow:
    1. Vocational Rehabilitation (VR) Counseling: Master's Degree (ALN 
84.129B). Projects in this topic area must be designed to support RSA 
scholars interested in pursuing a master's degree in VR counseling. 
Projects must increase the skills of RSA scholars so that they are, 
upon successful completion of their program of study, prepared to, 
effectively and with an advanced level of expertise, help individuals 
with disabilities (consumers) meet their career and personal goals and 
help employers in their hiring efforts. Projects should also increase 
RSA scholars understanding of and ability to support consumers access 
to pre-employment transition services.
    2. Rehabilitation Technology (ALN 84.129E). Projects in this topic 
area must provide scholarships to RSA scholars to pursue a degree or 
certificate in the application of advanced technology in rehabilitation 
services, and for use in careers in rehabilitation technology. 
Rehabilitation technology training includes training on the use, 
applications, and benefits of technology (including assistive 
technology and

[[Page 6912]]

artificial intelligence tools) to individuals with disabilities to 
achieve and/or maintain competitive integrated employment and 
independence.
    The rehabilitation technology training program must be designed to 
ensure that RSA scholars acquire a 21st-century understanding of the 
evolving technology labor force, the needs of individuals with 
disabilities that might be addressed via technology, and the ways 
technology can unlock individuals' strengths.
    3. Rehabilitation of Individuals With Mental Health Disorders or 
Illnesses (ALN 84.129H). Projects in this topic area must be designed 
to support RSA scholars interested in pursuing a degree or certificate 
for careers that provide specialized services to individuals who have 
mental health disorders or illnesses and are participants in the State 
VR programs. Additionally, projects must be designed to prepare RSA 
scholars to address a range of issues in VR services for individuals 
with mental health disorders or illnesses to assist them to achieve and 
maintain competitive integrated employment. Such mental health 
disorders and illnesses might include mood disorders (e.g., depressive 
disorders and bipolar disorders), suicidality, schizophrenia, eating 
disorders, post-traumatic stress disorder, and other mild to severe 
mental health disorders. This can include mental health issues related 
to long-term effects of post-acute infection syndromes (COVID-19 and 
myalgic encephalomyelitis/chronic fatigue syndrome (ME/CFS) for which 
mental health care may be part of treating a potentially more 
systematic illness.
    4. Undergraduate Education in the Rehabilitation Services (ALN 
84.129L). Projects in this topic area must train undergraduate RSA 
scholars interested in pursuing careers as rehabilitation generalists, 
VR paraprofessionals, or other entry-level positions in the public VR 
services. Projects must also be designed to provide training and 
clinical learning experiences to equip RSA scholars with foundational 
knowledge of disability conditions, VR processes, interviewing 
techniques, and other skills required for working with consumers in the 
public VR services, including the skills to coordinate the diagnosis 
and evaluation of a person's disabling condition, create individual 
plans, arrange various VR services, assist VR counselors in working 
with persons with disabilities in selecting a vocational goal, provide 
personal and social adjustment services, conduct job placement 
activities, and provide follow-up services to individuals after other 
services are completed. Pre-employment transition services should be 
included as part of programmatic content.
    5. Rehabilitation of Individuals Who Are Blind or Have Low Vision 
(ALN 84.129P). Projects in this topic area must train RSA scholars 
interested in pursuing a degree or certificate for careers in providing 
specialized services to persons who are blind or have low vision. 
Projects must be designed to provide training and hands-on experiences 
in VR services for persons who are blind or have low vision to assist 
them to achieve and/or maintain competitive integrated employment, 
including training in orientation and mobility, methods of independent 
and safe travel, and application of advanced technology.
    6. Rehabilitation of Individuals Who Are Deaf or Hard of Hearing 
(ALN 84.129Q). Projects in this topic area must train RSA scholars 
interested in pursuing a degree or certificate for careers in providing 
specialized rehabilitation to persons who are deaf or hard of hearing. 
The training must include opportunities for RSA scholars to acquire the 
necessary skills to communicate effectively with individuals who are 
deaf or hard of hearing, and to assess and address the communication 
needs of individuals who are deaf or hard of hearing. Additionally, 
projects must have plans to support RSA scholars in developing 
competency in sign language/ASL and other communication methods as well 
as familiarity with the use of various assistive listening devices and 
application of other advanced assistive technology.
    Projects must provide assistance to scholars to secure or maintain 
employment with State VR agencies, where the job duties include 
provision of rehabilitation of individuals who are deaf or hard of 
hearing (e.g., assessment services, vocational and adjustment 
counseling services, provision of independent living skills training, 
interpreting services, interpreter referral services, advocacy 
services, and job placement services).
    The academic training for all participants must meet (A) the DSU) 
personnel standards required under section 101(a)(7) of the 
Rehabilitation Act of 1973, as amended, and 34 CFR 361.18.
    Rehabilitation topic area projects under this proposed priority 
must develop and use innovative approaches to train RSA scholars, 
including using cutting-edge technology or innovative application of 
advanced technology (e.g., hybrid learning or competency-based 
programs) to maximize participation in, and improve the effectiveness 
of, the academic training.
    In addition to academic training, RSA funded projects may provide a 
one-time stipend, to an amount as specified in the Notice Inviting 
Applications published in the Federal Register to RSA scholars based on 
identified needs for--
    (a) completing an internship (e.g., room and board, travel);
    (b) obtaining qualifying employment in the specific field of study 
within a period of time after graduating and maintaining qualifying 
employment a minimum period of time beyond the required service 
obligation period as specified in the NIA; and
    (c) utilizing a vetted employment expert or consultant to assist 
the RSA scholar in securing employment within a period of time after 
graduating with a State VR or related agency in the field of study as 
specified in the NIA.

Proposed Requirements

    The Department proposes the following requirements for the RLTT 
program. We may apply one or more of these requirements in any year in 
which this program is in effect. We propose these requirements because 
we believe they would help applicants to develop well-designed, 
comprehensive projects. The proposed requirements would also provide 
the Department information critical to grants monitoring, such as an 
up-to-date picture of the employment needs in the applicant's 
geographic area.
    Application Requirements: All applicants must--
    (a) Provide data on the current and projected employment needs and 
personnel shortages in State VR agencies and other related agencies (as 
defined in 34 CFR 386.4) in their local area, region, and State; and 
describe how the proposed project will address those employment needs 
and personnel shortages;
    (b) Describe how the project will train RSA scholars, as 
applicable, including how the project will provide them with an 
understanding of the evolving labor force and the needs of individuals 
with disabilities to ensure that the RSA scholars have a 21st century 
understanding of the evolving labor force and the needs of individuals 
with disabilities. Applicants must describe how, upon completion of the 
training program, State VR personnel including VR counselors or RSA 
scholars will be prepared to assist individuals with disabilities to 
meet current demands and emerging trends in the labor market, including 
how--
    (1) The program provides a breadth of knowledge, experience, and 
rigor that

[[Page 6913]]

will adequately prepare scholars to meet the employment needs and goals 
of VR consumers and aligns with evidence-based (as defined in 34 CFR 
77.1) practices and with competency-based skills (e.g., advanced 
counseling skills, critical thinking skills, and skills in building 
collaborative relationships);
    (2) The program prepares RSA scholars to meet all applicable 
certification standards;
    (3) The program addresses new or emerging consumer employment needs 
or trends at the national, State, and regional levels;
    (4) The program trains RSA scholars to possess the skills needed to 
address the specialized needs of individuals with specific types of 
disability conditions and backgrounds, which may include, but are not 
limited to, physical disabilities, mental health disorders or 
illnesses, intellectual and developmental disabilities, blindness, and 
deaf or hard of hearing, and individuals with disabilities who are from 
diverse cultural backgrounds or historically underserved populations;
    (5) The program trains RSA scholars to understand the applications 
and strategies related to the integration of advanced assistive 
technology and artificial intelligence tools to fuel competitive 
integrated employment in the 21st century for individuals with 
disabilities, recognize the assistive technology needs of consumers and 
employers who hire individuals with disabilities, throughout the 
rehabilitation process so that they will be better able to coordinate 
the provision of appropriate advanced assistive technology services and 
devices including artificial intelligence in order to assist the 
consumers to obtain and retain competitive integrated employment;
    (6) The program teaches RSA scholars to work effectively with 
employers, including by teaching strategies for developing 
relationships with employers in their State and local areas, 
identifying employer needs and skill demands, making initial employer 
contacts, presenting job-ready clients to potential employers, and 
conducting follow-up with employers;
    (7) The program teaches RSA scholars to work effectively with state 
education agencies (SEAs), and local educational agencies (LEAs), 
particularly special education systems and educators. This includes 
instruction on collaborating effectively with SEAs, LEAs, school 
administrators, and special education teachers to ensure their 
awareness of pre-employment transition services and vocational 
rehabilitation transition services, and ensuring the successful 
planning and provision of these services; and
    (8) The latest technology is incorporated into the methods of 
instruction (e.g., technology that supports the use of hybrid education 
to reach scholars who live far from the university and the use of 
technology to acquire labor market information);
    (c) Describe their methods to--
    (1) Recruit highly capable prospective State VR counselors or RSA 
scholars who have the potential to successfully complete the academic 
program, all required practicum and internship experiences, and the 
required service obligation;
    (2) Educate potential RSA scholars about the terms and conditions 
of the service obligation under 34 CFR 386.4, 386.34, and 386.40 
through 386.43 so that they will be fully informed before accepting a 
scholarship and aware of the consequences should they fail to complete 
the program;
    (3) Maintain a system that ensures that RSA scholars sign a payback 
agreement when they start and an exit certification form when they exit 
the program, regardless of whether they drop out, are removed, or 
successfully complete the program;
    (4) Provide academic support and counseling to RSA scholars 
throughout the course of the academic program to ensure successful 
completion;
    (5) Ensure that all RSA scholars complete an internship in a State 
VR agency (as defined in 34 CFR 386.4) as a requirement for program 
completion, unless the Secretary determines upon grantee request that 
there is sufficient justification for not completing an internship;
    (6) Provide career counseling, including informing RSA scholars of 
professional contacts and networks, job leads including those available 
through the RSA Payback Information Management System (PIMS), and other 
necessary resources and information to support RSA scholars in 
successfully obtaining and retaining qualifying employment;
    (7) Maintain bi-monthly contact with RSA scholars upon successful 
academic training program completion and provide post-graduation 
support to assist RSA scholars to achieve qualifying employment as well 
as employment support, at a minimum, for the RSA scholars' initial 
three to six months of employment;
    (8) Maintain quarterly communication with RSA scholars after 
program exit until the beginning of their service obligation date to 
ensure that scholar contact information in PIMS is up to date;
    (9) Maintain and safeguard credentials to access PIMS for the 
timely review and approval of scholar employment; and
    (10) Maintain accurate financial information on, while safeguarding 
the privacy of, current and former scholars from the time they are 
enrolled in the program until they successfully meet their service 
obligation;
    (d) Describe a plan for developing and maintaining partnerships 
with State VR agencies, community-based rehabilitation service 
providers, and LEAs that includes--
    (1) Coordination between the grantee and the State VR agencies and 
community-based rehabilitation service providers that will promote 
qualifying employment opportunities for RSA scholars and formalized on-
boarding and induction experiences for new hires;
    (2) Formal opportunities for RSA scholars to obtain work 
experiences through internships, practicum agreements, job shadowing, 
and mentoring opportunities;
    (3) Formal opportunities for RSA scholars to obtain work 
experiences in LEAs to develop practical knowledge on effective special 
education teacher-VR counselor collaborations that foster increased 
awareness in LEAs of pre-employment transition services and vocational 
rehabilitation transition services, and the successful planning and 
provision of these services; and
    (4) A scholar internship assessment tool that is developed to 
ensure a consistent approach to the evaluation of scholars in a 
particular program. Applicants must describe how--
    (i) The tool will reflect the specific responsibilities of the 
scholar during the internship;
    (ii) Grantees and worksite supervisors will work together to 
develop the assessment tool. Supervisors at the internship site will 
complete the assessment detailing the scholar's strengths and areas for 
improvement that must be addressed and provide the results of the 
assessment to the grantee; and
    (iii) The grantee will ensure that (A) RSA scholars are provided 
with a copy of the assessment and all relevant rubrics prior to 
beginning their internship, (B) supervisors have sufficient technical 
support to accurately complete the assessment, and (C) scholars receive 
a copy of the results of the assessment within 90 days of the end of 
their internship;
    (e) Describe how RSA scholars will be evaluated throughout the 
program to ensure that they are proficient in meeting the needs and 
demands of

[[Page 6914]]

consumers and employers, including the steps that will be taken to 
provide assistance to an RSA scholar who is not meeting academic 
standards or who is performing poorly in a practicum or internship 
setting;
    (f) Describe how the program will be evaluated, including how--
    (1) The program will determine its effectiveness over time in 
filling vacancies in the State VR agency with qualified counselors or 
rehabilitation professionals capable of providing quality services to 
consumers;
    (2) Input from State VR agencies and community-based rehabilitation 
service providers will be included in the evaluation;
    (3) Feedback from consumers of VR services and employers (including 
the assessments described in paragraph (d)(4)) will be included in the 
evaluation;
    (4) Data on the State VR program from other sources, such as the 
Department, will be included in the evaluation; and
    (5) The data and results from the evaluation will be used to make 
necessary adjustments and improvements to the program.
    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 Requirements:
    We will announce the final priorities and requirements in a 
document in the Federal Register. We will determine the final 
priorities and requirements after considering public comments on the 
proposed priorities and requirements and other information available to 
the Department. This document does not preclude us from proposing 
additional priorities, requirements, definitions, and selection 
criteria subject to meeting applicable rulemaking requirements.
    Note: This document does not solicit applications. In any year in 
which we choose to use these proposed priorities and requirements, 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 three years by the Administrator of Office of 
Information and Regulatory Affairs (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 set 
forth in this Executive order, as specifically authorized in a timely 
manner by the Administrator of OIRA in each case.
    This proposed 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 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, as amended by Executive Order 
14094. 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.'' OIRA 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 these proposed priorities and requirements only on a 
reasoned determination that their benefits would justify their costs. 
In choosing among alternative regulatory approaches, we selected those 
approaches that would maximize net benefits. Based on the analysis that 
follows, the Department believes that this regulatory action is 
consistent with the principles in Executive Order 13563.
    We also have determined that this regulatory action would 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.

Clarity of the Regulations

    Executive Order 12866 and the Presidential memorandum ``Plain 
Language in Government Writing''

[[Page 6915]]

require each agency to write regulations that are easy to understand.
    The Secretary invites comments on how to make the proposed 
priorities and requirements easier to understand, including answers to 
questions such as the following:
    <bullet> Are the requirements in the proposed priorities and 
requirements clearly stated?
    <bullet> Do the proposed priorities and requirements contain 
technical terms or other wording that interferes with their clarity?
    <bullet> Does the format of the proposed priorities and 
requirements (grouping and order of sections, use of headings, 
paragraphing, etc.) aid or reduce their clarity?
    <bullet> Would the proposed priorities and requirements be easier 
to understand if we divided them into more (but shorter) sections?
    <bullet> Could the description of the proposed priorities and 
requirements in the SUPPLEMENTARY INFORMATION section of this preamble 
be more helpful in making the proposed priority and requirements easier 
to understand? If so, how?
    <bullet> What else could we do to make the proposed priorities and 
requirements easier to understand?
    To send any comments about how the Department could make the 
proposed priorities and requirements easier to understand, see the 
instructions in the ADDRESSES section.

Intergovernmental Review

    These programs are 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.

Regulatory Flexibility Act Certification

    The Secretary certifies that the proposed priorities and 
requirements would not have a significant economic impact on a 
substantial number of small entities. The small entities that this 
proposed regulatory action would affect are IHEs, Indian tribes, and 
public or private nonprofit organizations. The Secretary believes that 
the costs imposed on applicants by the proposed priorities and 
requirements would be limited to paperwork burden related to preparing 
an application and that the benefits would outweigh any costs incurred 
by applicants.
    Participation in this program is voluntary. For this reason, the 
proposed priorities and requirements would impose no burden on small 
entities unless they applied for funding under the program. We expect 
that in determining whether to apply for RLTT funds, an eligible 
applicant would evaluate the requirements of preparing an application 
and any associated costs and weigh them against the benefits likely to 
be achieved by receiving a RLTT grant. Eligible applicants most likely 
would apply only if they determine that the likely benefits exceed the 
costs of preparing an application. The likely benefits include the 
potential receipt of a grant as well as other benefits that may accrue 
to an entity through its development of an application, such as the use 
of that application to seek funding from other sources to train State 
VR counselors or RSA scholars in their pursuit to successfully graduate 
with an undergraduate or master's level degree, or certificate of 
completion and then secure or maintain employment at the State VR 
agency, filling critical VR positions where there are shortages or a 
need.
    This proposed regulatory action would not have a significant 
economic impact on a small entity once it receives a grant because it 
would be able to meet the costs of compliance using the funds provided 
under this program. We invite comments from eligible small entities as 
to whether they believe this proposed regulatory action would have a 
significant economic impact on them and, if so, request evidence to 
support that belief.

Paperwork Reduction Act of 1995

    The proposed priorities and requirements do not contain any 
information collection requirements.
    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, 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 Department documents 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 Department documents 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. 2025-00268 Filed 1-17-25; 8:45 am]
BILLING CODE 4000-01-P


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