[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Rules and Regulations]
[Pages 47652-47656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17215]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2020-OSERS-0009]
Final Priorities and Definitions--Independent Living Services for
Older Individuals Who Are Blind--Training and Technical Assistance
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Final priorities and definitions.
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SUMMARY: The Department of Education (Department) announces priorities
and definitions under the Independent Living Services for Older
Individuals Who Are Blind (OIB) program, Catalog of Federal Domestic
Assistance (CFDA) number 84.177Z. The Department may use one or more of
these priorities and definitions for competitions in fiscal year (FY)
2020 and later years. We take this action to focus Federal financial
assistance on an identified national need. We intend the priorities and
definitions to improve the administration, operation, and performance
of the OIB program.
DATES: These priorities and definitions are effective September 8,
2020.
FOR FURTHER INFORMATION CONTACT: Mary Williams, U.S. Department of
Education, 400 Maryland Avenue SW, Room 5100, Potomac Center Plaza
(PCP), Washington, DC 20202-5176. Telephone: (202) 245-7586. Email:
mary.williams@ed.gov.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Purpose of Program: The purpose of this program is to provide
training and technical assistance to designated State agencies (DSAs)--
the State agencies that provide vocational rehabilitation services to
individuals who are blind--that receive grant funding under the OIB
program and to other service providers that receive OIB program funding
from DSAs to provide services to consumers. The training and technical
assistance are designed to improve the operation and performance of
programs and services for older individuals who are blind resulting in
their enhanced independence and self-sufficiency.
Program Authority: 29 U.S.C. 796j-1.
Applicable Program Regulations: 34 CFR part 367.
We published a notice of proposed priorities and definitions (NPP)
for this competition in the Federal Register on March 25, 2020 (85 FR
16920). The NPP contained background information and our reasons for
proposing the particular priorities and definitions.
We made changes to the definition of ``intensive training and
technical assistance'' and to Proposed Priority 1 to recognize that in-
person services and conferences may need to be supplemented or replaced
by virtual offerings during the COVID-19 pandemic. There are otherwise
no substantive differences between the NPP and these final priorities
and definitions.
Public Comment: In response to our invitation in the NPP, eight
parties submitted comments on the proposed priorities and definitions.
Generally, we do not address technical and other minor changes, or
suggested changes the law does not authorize us to make. In addition,
we do not address general comments that raise concerns not directly
related to the proposed priorities and definitions.
Analysis of Comments and Changes: An analysis of the comments
related to the proposed priorities and definitions follows.
Proposed Priority 1--Independent Living Services for Older Individuals
Who Are Blind (OIB) Training and Technical Assistance
Comment: One commenter stated that the proposed priority does not
go far enough to enhance the capacity of OIB and similar programs to
access additional funding to address the unmet need for OIB services.
The commenter further stated that, if the OIB Training and Technical
Assistance Center (Center) merely suggests funding streams and methods
of collaboration and does not actually undertake educational and other
initiatives that enhance the capacity of OIB and similar programs to
access additional funds, this technical assistance will be a largely
cosmetic undertaking.
Discussion: We do not fully agree with the commenter's
characterization of the activities contemplated for the Center. Through
implementation of Priority 1, the Center can train OIB grantees on how
to identify State and local resources and implement strategies to
acquire and effectively leverage the use of those resources, where
appropriate, to meet the unmet service needs of OIB consumers. To that
end, the Center will be responsible for identifying State and local
resources available to the OIB program as well as promising practices
that facilitate the acquisition, sharing, and leveraging of those
resources within a State. This will require communication and
coordination, on an ongoing basis, with other federally funded training
and technical assistance projects and State OIB programs.
Changes: None.
Comment: One commenter suggested a more targeted assessment of the
four core areas reflected in this proposed priority and suggested
utilizing a survey of the DSAs to identify training content that would
best benefit their staff.
Discussion: RSA has conducted surveys of DSAs since FY 2015 to
identify their training and technical assistance needs, pursuant to the
requirements of section 751A(b) of the Rehabilitation Act of 1973, as
amended by the Workforce Innovation and Opportunity Act (WIOA) (29
U.S.C. 796j-1). Survey information is captured through the OIB annual
performance reports. The four core areas reflected in Priority 1 are
based on survey information gathered through the OIB annual performance
reports since FY 2015.
Changes: None.
Comment: One commenter recommended changes to the proposed priority
in four areas: (1) Virtual and remote services and assistance; (2) Best
practices; (3) Evaluating program performance; and (4) Modifying
information technology (IT) platforms.
Regarding virtual and remote services and assistance, the commenter
suggested offering flexibility to provide training on remote or virtual
service delivery practices to help maintain and expand service
provision, particularly in large or rural service areas. Further, the
commenter suggested the Department provide flexibility to the Center
with respect to the form of service delivery in unusual circumstances
that represent higher risks to the older people who are served by the
OIB programs.
Regarding best practices, the commenter noted that the term ``best
practices'' used in Priority 1, general topic area (b), in the OIB
program FY 2015 grant competition was changed to ``promising
practices'' in Proposed Priority 1. The commenter suggested, to the
extent that best practices exist, technical assistance and training
should be based on best practices, and the final priority should make
this clarification.
Regarding evaluating program performance, the commenter suggested
that training and technical assistance should be provided on the
evaluation of programs, client progress, and outcomes, and recommended
changing general topic area (b), to read ``Promising practices,
including the development, dissemination, and evaluation of relevant
materials to
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facilitate delivery of effective services'' and changing general topic
area (c) to include evaluation and to read ``Program performance,
including data reporting, evaluation, and analysis.''
Regarding modifying IT platforms, the commenter indicated that
ample platforms exist to support dissemination of information on
training and technical assistance and suggested focusing on the
channels that already exist, to the greatest extent possible, in order
to maximize limited resources available for the Center and the OIB
programs.
Discussion: In the area of virtual and remote services and
assistance, we believe that development of training on remote or
virtual service delivery practices can be accomplished under Final
Priority 1, activity (b)(2). We used the term ``promising practices''
rather than ``best practices'' because ``best practices'' would rely on
a higher level of evidence than is currently available in the area of
serving older individuals who are blind. The term ``promising
practices'' aligns with the definition of ``promising evidence'' in 34
CFR 77.1(c). However, where there are relevant evidence-based
practices, we encourage the Center to provide training and technical
assistance based on such practices.
Regarding the suggestions to change the language in general topic
area (c), as noted earlier, the four general topic areas under Final
Priority 1 are based on the results of surveys of the DSAs to determine
their training and technical assistance needs. Furthermore, we believe
that general topic area (c) is sufficiently flexible to allow for the
provision of technical assistance on the areas of evaluation of
programs, client progress, and outcomes if it is determined that these
issues need to be addressed.
Regarding IT platforms, this priority allows for the development of
new IT platforms or systems if existing platforms and systems cannot be
effectively modified to support webinars, podcasts, video conferences,
teleconferences, and other virtual methods of dissemination of
information and training and technical assistance.
Changes: None.
Definitions
Comment: One commenter stated that the definition of ``intensive
training and technical assistance'' lacks detail. The commenter stated
that the definition could be improved and clarified by presenting
methods and examples that represent the level of training received in
order to differentiate between the types of training and technical
assistance provided.
Discussion: We recognize that the definition of ``intensive
training and technical assistance'' is broad; however, this is
intentional given the range of issues that OIB agencies may encounter
in their implementation of the OIB program. OIB grantees, in
collaboration with this Center, will determine the type and level of
intensive training and technical assistance needed. We believe that the
definition offers applicants the flexibility they need to demonstrate
how they would apply the definition of ``intensive training and
technical assistance'' to meet the varying needs of the OIB grantees.
The definition of ``intensive training and technical assistance'' used
in this priority is the standard definition used for the Rehabilitation
Services Administration's (RSA's) training and technical assistance
centers to provide this flexibility.
Changes: None.
Comment: None.
Discussion: As a result of disruptions to in-person services
arising from the COVID-19 pandemic, the Department believes it is
advisable to provide for the possibility that intensive training and
technical assistance might sometimes be provided through remote
delivery, as needed and appropriate.
Changes: We have revised the definition of ``intensive training and
technical assistance'' to allow the Center to provide intensive
training and technical assistance through remote delivery as
appropriate.
General
Comment: A few commenters stated that the proposed priorities could
benefit from clearer descriptive labeling and language, use of shorter
sentences and smaller sections to facilitate ease of reading and
clarity, and hyperlinks to improve understanding, but the commenters
did not offer specific suggestions or examples to improve the clarity
of the proposed priorities.
Discussion: We appreciate the value of using plain language in the
priorities and believe the current language is clear.
Changes: None.
Final Priorities
Priority 1--Independent Living Services for Older Individuals Who Are
Blind (OIB) Training and Technical Assistance
This priority supports a cooperative agreement to establish an OIB
Training and Technical Assistance Center (Center) to provide universal,
targeted, and intensive training and technical assistance to designated
State agencies (DSAs) funded under the OIB program and to any service
providers that DSAs fund to provide services directly to consumers. The
Center will develop and provide training and technical assistance in
the following general topic areas:
(a) Community outreach methods and strategies to identify potential
recipients of services.
(b) Promising practices, based on ``promising evidence'' as defined
in 34 CFR 77.1(c), including the development and dissemination of
relevant materials to facilitate the delivery of high-quality services.
(c) Program performance, including data reporting and analysis.
(d) Financial and management practices, including practices to
ensure compliance with grant administration requirements.
To meet the requirements of this priority, the Center must, at a
minimum, conduct the following activities:
(a) Annually provide intensive training and technical assistance to
a minimum of three DSAs or other service providers on the four general
topic areas in this priority. Intensive training and technical
assistance may be provided through remote delivery as appropriate. The
technical assistance must be--
(1) Consistent with the project activities and tailored to the
specific needs and challenges of the DSA or other service provider
receiving intensive training and technical assistance;
(2) Provided under an agreement with each DSA or other service
provider that, at a minimum, details the purpose, intended outcomes,
and requirements for subsequent evaluation of the training and
technical assistance; and
(3) Assessed 90 days after completion to ensure that the DSAs and
other service providers receiving intensive training and technical
assistance are applying it effectively, and to address any issues or
challenges in its implementation.
(b) Provide a range of targeted training and technical assistance
and universal training and technical assistance products and services
on the four general topic areas in this priority. The training and
technical assistance must include, at a minimum, the following
activities:
(1) In each year of the project, provide a minimum of 10 webinars,
podcasts, video conferences, teleconferences, or other virtual methods
of dissemination of information and training and technical assistance
on the four general topic areas in this priority to describe
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and disseminate information about emerging promising practices.
(2) Develop new information technology (IT) platforms or systems,
or modify existing platforms and systems, as follows:
(i) Develop or modify, and maintain, a state-of-the-art IT platform
sufficient to support webinars, podcasts, video conferences,
teleconferences, and other virtual methods of dissemination of
information and training and technical assistance; and
(ii) Develop or modify, and maintain, a state-of-the-art archiving
and dissemination system that is open and available to the public, at
no cost, and that provides a central location for later use of training
and technical assistance products, including course curricula,
audiovisual materials, webinars, examples of emerging and promising
practices related to the four general topic areas in this priority, and
any other training and technical assistance products developed by the
grantee and others.
Note: All products produced by the Center must meet government
and industry-recognized standards for accessibility.
(c) Conduct outreach to DSAs so that they are aware of, and can
participate in, training and technical assistance activities.
(d) Establish a community of practice \1\ that will act as a
vehicle for communication, an exchange of information among DSAs and
other service providers, and a forum for sharing the results of
training and technical assistance activities that are in progress or
that have been completed.
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\1\ See: www.sedl.org/pubs/catalog/items/dis104.html.
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(e) Facilitate annually a minimum of one in-person conference, or,
if health and safety reasons make an in-person conference infeasible, a
virtual conference, for the purpose of dissemination of information
related to emerging promising practices and ongoing technical
assistance needs and activities.
(f) Communicate and coordinate, on an ongoing basis, with other
federally funded training and technical assistance projects,
particularly Department-funded projects, to ensure that training and
technical assistance activities are complementary and non-duplicative.
(g) Conduct an evaluation to determine the impact of the Center's
training and technical assistance on the DSAs and other service
providers that received the Center's services.
Priority 2--Identify and Demonstrate How Specific Technical Assistance
Strategies Provided to OIB Grantees Will Facilitate Collaboration and
Leveraging of Resources at the State and Local Level
To meet the requirements of this priority, the Center must, at a
minimum, develop technical assistance focused on partnerships to
facilitate the sharing of information and leveraging of resources from
other systems that work with aging individuals and individuals with
disabilities.
These technical assistance strategies must be designed to improve
the capacity of OIB grantee staff, and staff from other service
providers that receive OIB program funding from DSAs to provide
services to the OIB population, to acquire and develop the skills and
tools they need to help the OIB population sustain and increase their
ability to live independently in their homes and communities.
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 Definitions
The Department establishes the following definitions for this
program. We may apply one or more of these definitions in any year in
which this program is in effect.
Intensive training and technical assistance means training and
technical assistance provided to a DSA, or other service provider that
receives OIB program funding from a DSA to provide services, primarily
on-site or through remote delivery, as needed and appropriate, over an
extended period. Intensive training and technical assistance is based
on an ongoing relationship between the training and technical
assistance center staff and a DSA, or other service provider that
receives OIB program funding from a DSA to provide services, under the
terms of a signed intensive training and technical assistance
agreement.
Targeted training and technical assistance means training and
technical assistance based on needs common to one or more DSAs, or
other service providers that receive OIB program funding from DSAs to
provide services, on a time-limited basis and with a limited commitment
of training and technical assistance center resources. Targeted
training and technical assistance are delivered through virtual or in-
person methods tailored to the identified needs of the participating
DSAs, or other service providers that receive OIB program funding from
DSAs to provide services.
Universal training and technical assistance means training and
technical assistance broadly available to DSAs, or other service
providers that receive OIB program funding from DSAs to provide
services, and other interested parties resulting in minimal interaction
with training and technical assistance center staff. Universal training
and technical assistance includes generalized presentations, products,
and related activities available through a website or through brief
contact with the training and technical assistance center staff.
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 one or more of these priorities and
definitions, we invite applications through a notice in the Federal
Register.
Executive Orders 12866, 13563, and 13771 Regulatory Impact Analysis
Under Executive Order 12866, it must be determined whether this
regulatory action is ``significant'' and, therefore, subject to the
requirements of the Executive order and subject to review by the Office
of Management and Budget (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,
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productivity, competition, jobs, the environment, public health or
safety, or State, local, or Tribal governments or communities in a
material way (also referred to as an ``economically significant''
rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This final regulatory action is not a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866.
Under Executive Order 13771, for each new regulation that the
Department proposes for notice and comment or otherwise promulgates
that is a significant regulatory action under Executive Order 12866,
and that imposes total costs greater than zero, it must identify two
deregulatory actions. For FY 2020, any new incremental costs associated
with a new regulation must be fully offset by the elimination of
existing costs through deregulatory actions. Because the regulatory
action is not significant, the requirements of Executive Order 13771 do
not apply.
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, 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 the final priorities and definitions only on a
reasoned determination that their benefits justify their costs. In
choosing among alternative regulatory approaches, we selected those
approaches that maximize net benefits. Based on the analysis that
follows, the Department believes that this regulatory action is
consistent with the principles in Executive Order 13563.
We 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 both 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 noted these benefits in the NPP.
Regulatory Flexibility Act Certification: The Secretary certifies
that this 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 proprietary institutions
as small businesses if they are independently owned and operated, are
not dominant in their field of operation, and have total annual revenue
below $7,000,000. Nonprofit institutions are defined as small entities
if they are independently owned and operated and not dominant in their
field of operation. Public institutions are defined as small
organizations if they are operated by a government overseeing a
population below 50,000.
The small entities that this regulatory action would affect are
State and public or non-profit agencies and organizations and
institutions of higher education (IHEs) that have the capacity to
provide training and technical assistance in the provision of
independent living services for older individuals who are blind and
have demonstrated through their application a capacity to provide the
level of training and technical assistance necessary to meet the
priorities and definitions. We believe that the costs imposed on an
applicant by the priorities and definitions would be limited to
paperwork burden related to preparing an application and that the
benefits of these priorities and definitions would outweigh any costs
incurred by the applicant. There are very few entities that could
provide the type of technical assistance the Center aims to provide.
For these reasons these priorities and definitions would not impose a
burden on a significant number of small entities.
Paperwork Reduction Act of 1995: The priorities and definitions
contain information collection requirements that are approved by OMB
under OMB control number 1820-0018.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. One of the
objectives of the Executive order is to foster an intergovernmental
partnership and a strengthened federalism. The Executive order relies
on processes developed by State and local governments for coordination
and review of Federal financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Assessment of Educational Impact
In the NPP we requested comments on whether the proposed priorities
and definitions would require transmission of information that any
other agency or authority of the United States gathers or makes
available.
Based on the response to the NPP and on our review, we have
determined that these final priorities and definitions do not require
transmission of information that any other agency or authority of the
United States gathers or makes available.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the program contact person
listed under FOR FURTHER INFORMATION CONTACT.
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
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Code of Federal Regulations at www.govinfo.gov. At this site you can
view this document, as well as all other documents of this Department
published in the Federal Register, in text or 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
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Mark Schultz,
Commissioner, Rehabilitation Services Administration, Delegated the
Authority to Perform the Functions and Duties of the Assistant
Secretary for the Office of Special Education and Rehabilitative
Services.
[FR Doc. 2020-17215 Filed 8-4-20; 11:15 am]
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