[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Rules and Regulations]
[Pages 46538-46550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16685]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[ED-2020-OSERS-0104]
Final Priorities, Requirements and Definitions--Rehabilitation
Training: Vocational Rehabilitation Technical Assistance Center-Quality
Management; and Vocational Rehabilitation Technical Assistance Center-
Quality Employment
AGENCY: Office of Special Education and Rehabilitative Services
(OSERS), Department of Education.
ACTION: Final priorities, requirements, and definitions.
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SUMMARY: The Department of Education (Department) announces priorities,
requirements, and definitions under the Rehabilitation Training
program, Catalog of Federal Domestic Assistance (CFDA) numbers 84.264J
and 84.264K. The Department may use one or more of these priorities,
requirements, and definitions for competitions in fiscal year (FY) 2020
and later years. We take this action to focus attention on an
identified national need to fund a Vocational Rehabilitation Technical
Assistance Center for Quality Management (VRTAC-QM) and a Vocational
Rehabilitation Technical Assistance Center for Quality Employment
(VRTAC-QE). We intend for the VRTAC-QM and VRTAC-QE to increase the
number and quality of employment outcomes for individuals with
disabilities through training and technical assistance to State
vocational rehabilitation (VR) agency personnel. We expect the VRTAC-QM
to enable State VR agency personnel to manage available resources
better and improve service delivery, and the VRTAC-QE to support State
VR agency personnel to implement innovative and effective employment
strategies and supporting practices.
DATES: Effective Date: These priorities, requirements, and definitions
are effective September 2, 2020.
FOR FURTHER INFORMATION CONTACT: For 84.264J: Douglas Zhu, U.S.
Department of Education, 400 Maryland Avenue SW, Room 5095, Potomac
Center Plaza, Washington, DC 20202-2800. Telephone: (202) 245-6037.
Email: 84.264J@ed.gov. For 84.264K: Felipe Lulli, U.S. Department of
Education, 400 Maryland Avenue SW, Room 5101, Potomac Center Plaza,
Washington, DC 20202-2800. Telephone: (202) 245-7425. Email:
84.264K@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: Under the Rehabilitation Act of 1973
(Rehabilitation Act), as amended by the Workforce Innovation and
Opportunity Act (WIOA), the Rehabilitation Services Administration
(RSA) makes grants to States and public or nonprofit agencies and
organizations (including institutions of higher education) to pay part
of the cost of projects to provide State VR agency personnel with
training and technical assistance designed to assist in increasing the
numbers of, and upgrading the skills of, qualified personnel
(especially rehabilitation counselors), who are trained in providing
vocational, medical, social, and psychological rehabilitation services
to individuals with disabilities. They are also trained to assist
individuals with communication and related disorders and to provide
other services authorized under the Rehabilitation Act.
Program Authority: 29 U.S.C. 772(a)(1).
Applicable Program Regulations: 34 CFR part 385.
We published a notice of proposed priorities, requirements, and
definitions (NPP) for this program in the Federal Register on April 9,
2020 (85 FR 19908). That notice contained background information and
our reasons for proposing the particular priorities, requirements, and
definitions.
Except for minor editorial and technical revisions for grammar and
clarity and three minor substantive changes explained in the discussion
of comments that follow, there are no differences between the proposed
[[Page 46539]]
priorities, requirements, and definitions and these final priorities,
requirements, and definitions.
Public Comment: In response to our invitation in the NPP, 12
parties submitted comments on the proposed priorities, requirements,
and definitions.
We group major issues according to subject and discuss substantive
issues under each of the titles--priorities, requirements, and
definitions--to which they pertain. 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, requirements, or definitions.
Analysis of Comments and Changes: An analysis of the comments and
of any changes in the priorities, requirements, and definitions since
publication of the NPP follows.
Priorities
Comment: Some commenters expressed concern that the proposed
priorities contained what appeared to be some conceptual overlapping of
lead responsibilities between the VRTAC-QM and the VRTAC-QE, for
example, between improving VR service delivery and implementing
employment strategies. One of the commenters referenced the centers'
shared focus on pre-employment transition services. Another commenter
pointed out that both centers are required to engage with the training
and technical assistance resources funded by the U.S. Departments of
Education, Labor, and Health and Human Services. The commenters
recommended that the final priorities provide specifics about the
nature and extent of required coordination between the two VRTACs to
ensure that each center's resources are used most effectively, clearly
differentiate the lead responsibilities among the centers, and require
the centers to coordinate their work on the State, regional, and
national levels.
Discussion: The Department appreciates the commenters' suggestions
and recommendations. The Department agrees that clarity of roles and
coordination of activities between the centers are necessary for the
efficient and cost-effective delivery of intensive training and
technical assistance to State VR agency personnel. This is why we
require the VRTAC-QM and VRTAC-QE to coordinate training and technical
assistance with other technical assistance centers. Such clarity and
coordination are especially critical because both centers will assist
VR agencies to improve the provision of VR services, including pre-
employment transition services and the achievement of quality
employment outcomes. The VRTAC-QM pursues these goals through improved
program management and resource utilization, whereas the VRTAC-QE
focuses on the implementation of promising employment strategies and
practices. Coordination and clarity of roles between the VRTAC-QM and
VRTAC-QE will be pursued through RSA's cooperative agreement with each
center, training and technical assistance agreements with each State VR
agency, RSA leadership and direction at the national level, and ongoing
communication between the respective project officers. As such, further
clarification and differentiation are not necessary.
Changes: None.
Comment: One commenter noted that although the WIOA Joint Rule for
Unified and Combined State Plans, Performance Accountability, and One-
Stop System Joint Provisions became effective on October 18, 2016,
several key RSA policy directives and technical assistance circulars
that have provided guidance in implementing those regulations were
released a year or more later. As a result, State VR agencies still
need technical assistance to ensure effective implementation of the
requirements of the newer rules. The commenter suggested that Priority
1, VRTAC-QM, include a more general focus on continued training and
technical assistance to assist State VR agencies in implementing the
requirements of WIOA.
Discussion: The Department appreciates the commenter's suggestion.
As stated in the purpose of the program in the VRTAC-QM and the VRTAC-
QE priorities, each project will provide training and technical
assistance to State VR agency personnel to equip and increase the
number of personnel with the necessary skills to implement the
provisions in the Rehabilitation Act as amended by WIOA. The VRTAC-QM
and VRTAC-QE will provide training and technical assistance to address
the need of State VR agencies to ensure effective implementation of the
requirements of WIOA, including those raised by the commenter.
Changes: None.
Comment: One commenter noted that resource limitations related to
States' challenges in meeting VR program match requirements, as well as
the requirement to reserve at least 15 percent of Federal VR program
funds for pre-employment transition services to eligible and
potentially eligible students with disabilities, have reduced State VR
agencies' ability to serve all eligible individuals with disabilities.
The commenter stated that, in the absence of significant additional
resources devoted to serving individuals with disabilities, the
coronavirus pandemic's current and future impact on State budgets and
labor markets will almost certainly lead to even fewer eligible
individuals being served and smaller numbers of employment outcomes
among VR participants in program year 2020 and beyond. This commenter
suggested that targeted and intensive technical assistance can help VR
agencies identify ways to use available resources more effectively.
Discussion: The Department appreciates the commenter's support for
the priorities. Under the priority for quality management, the VRTAC-QM
will be able, through targeted and intensive technical assistance, to
help State VR agencies to identify ways to use available resources more
effectively and to implement program and resource management strategies
and practices that lead to effective and efficient service delivery and
quality employment outcomes.
Changes: None.
Comment: Several commenters addressed the COVID-19 pandemic's
potential impact on VRTAC-QM and VRTAC-QE's intensive training and
technical assistance delivery methods, topic areas, and performance
assessments. A few of the commenters inquired whether RSA would allow
the centers' intensive training and technical assistance to be
delivered virtually rather than in-person, if necessary or advisable
due to continued travel restrictions and social distancing
requirements. One commenter recommended that the intensive training and
technical assistance include a focus on promoting effective distance
service delivery and community engagement approaches, especially in the
provision of pre-employment transition services. Another commenter
inquired whether RSA would consider the pandemic's impact on State
budgets, local economies, employers, and, ultimately, VR participants
in its evaluation of the centers' performance.
Discussion: The VRTAC-QM and the VRTAC-QE will provide training and
technical assistance to State VR agency personnel to achieve the State
VR agency's program management, service delivery, and quality
employment goals in a manner consistent with the priority and with each
State's particular circumstances, including those related to COVID-19.
The centers' training and technical assistance will help VR
[[Page 46540]]
personnel to assess and improve the VR agency's management and service
delivery systems, which may include remote delivery of services,
including how to provide pre-employment transition services remotely.
Further, while intensive training and technical assistance are
typically provided on-site, nothing in the priorities precludes the
VRTAC-QM and VRTAC-QE from providing the training and technical
assistance remotely if on-site delivery is not possible or advisable.
The service delivery and performance evaluation considerations related
to COVID-19 can be addressed in the cooperative agreement between RSA
and the respective technical assistance center. To reflect that the
priorities are broad enough to encompass these activities, RSA has
revised the priorities to address remote delivery of training and
technical assistance and to provide technical assistance on remote
delivery of services.
Changes: We have revised the definition of ``intensive training and
technical assistance'' under the Final Definitions section by adding
remote delivery as needed and appropriate.
Comment: One commenter asserted that the VRTAC-QE should not be
responsible for directly implementing employment strategies and
supporting practices in the participating State VR agencies.
Discussion: We agree with the commenter that the VR agencies are
responsible for implementing specific strategies or practices in their
States. The VRTAC-QE and VRTAC-QM are responsible for conducting
comprehensive reviews of current and promising strategies and
practices, presenting them as options to participating State VR agency
personnel, and providing high-quality and relevant intensive training
and technical assistance to State VR agency personnel if they choose to
implement selected strategies or practices.
Changes: None.
Comment: Several commenters expressed concern that the proposed
priorities did not sufficiently emphasize training and technical
assistance to Community Rehabilitation Programs (CRPs), given the
importance of CRPs' role in promoting quality employment outcomes for
individuals with disabilities. One of the commenters noted that the
proposed priorities focus exclusively on improving the knowledge,
skills, and capabilities of VR personnel but devote little or no
attention to the knowledge, skills, and capabilities of CRP personnel.
One commenter pointed out that only one of the six listed supporting
practices explicitly references CRPs. Another commenter stressed the
need for flexible and innovative approaches for CRPs in Supported
Employment, in particular. The commenters recommended that the proposed
priorities elevate the role of CRPs and prioritize training and
technical assistance to CRP personnel.
Discussion: We agree that CRPs play a very important role in
promoting quality employment outcomes for individuals with
disabilities. Consistent with section 302 of the Rehabilitation Act, as
amended by WIOA, the purpose of these priorities is to support projects
that provide training and technical assistance designed to assist in
increasing the numbers of, and upgrading the skills of, qualified
personnel (especially rehabilitation counselors). The VRTAC-QM and
VRTAC-QE will provide intensive training and technical assistance to VR
personnel according to a signed agreement between RSA and each
participating State VR agency. The intensive training and technical
assistance agreement includes the specific State agency's goals and
objectives, selected strategies and practices, individuals or groups of
individuals to receive the training and technical assistance, and
designated partner organizations. The intensive training and technical
assistance provided under an agreement may involve CRPs as partner
organizations because of their expertise in and potential contributions
to the implementation of VRTAC-QM or VRTAC-QE strategies and practices
and may include topics and approaches such as those recommended by the
commenter.
Changes: We added a reference to CRPs and other partners in both
priorities.
Comment: One commenter noted that the employment rate of people
with intellectual and developmental disabilities has been nationally
around 20 percent for the last 10 years, and a reasonable person would
have a hard time believing that the low rate is because of what VR
counselors are doing or not doing, or that technical assistance can
make a positive impact. This commenter suggested that when starting the
technical assistance centers, it would be prudent for the centers to
include people who can analyze such data.
Discussion: The Department agrees that it is necessary for the
technical assistance centers to include personnel who can analyze data.
Data collection, data analysis, and evaluation are addressed in the
proposed priorities and project requirements and include activities
such as analyzing case service data, including the VR Program Case
Service Report (RSA-911) data and other agency performance data, to
identify trends and inconsistencies in program performance and
developing strategies to improve the quantity and quality of employment
outcomes achieved by various groups of individuals with disabilities
served by the VR program.
Changes: None.
Comment: A few commenters noted that many nonprofit organizations
employ people with disabilities and have the capacity to hire and train
more people with disabilities than they currently hire and train. These
commenters suggested that the VRTAC-QE assist VR agencies' personnel to
expedite and streamline the referral of persons with disabilities to
nonprofit organizations.
Discussion: The Department appreciates the commenters' suggestions.
Nothing in the priorities precludes the technical assistance centers
from providing training and technical assistance to VR agency personnel
on topics related to improving referrals for the purpose of assisting
individuals with disabilities to achieve competitive integrated
employment, if it is identified as a need by a VR agency.
Changes: None.
Comment: One commenter noted that the way in which current program
performance measures are calculated is important, but that it is even
more important both to understand the limitations on the reliability
and validity of the data used to calculate the measures and to ensure
that program performance data are used appropriately to inform program
and policy decisions. The work of the Technical Assistance Center for
Program Evaluation and Quality Assurance (PEQA-TAC), including the
collaborative Summit Conference in which the PEQA-TAC has played a
major role in recent years, has been of tremendous value in enhancing
VR agencies' use of effective program evaluation strategies, according
to the commenter. The commenter suggested that the VRTAC-QM focus on
enhancing VR agencies' ability to effectively use both performance
measurement strategies and in-depth program evaluation processes as
recommended by the Government Accountability Office in publications
such as GAO-05-739SP and GAO-11-646SP.
Discussion: The Department agrees with the commenter that the
ability of VR personnel to effectively use both performance measurement
strategies
[[Page 46541]]
and in-depth program evaluation processes is important for VR program
management. Since conducting quality assurance and performance
improvement, including the use of data for performance management
systems and the implementation of the common performance measures
required by WIOA, are already included in the priority for VRTAC-QM,
there is no need to make changes to the priority to address this focus
area.
Changes: None.
Comment: One commenter suggested that RSA continue funding for the
existing technical assistance centers that have effectively served VR
agencies over the past several years. The commenter also stated that
the challenges inherent in establishing new national technical
assistance centers will inevitably result in delays in the centers'
collective ability to respond to the needs of State VR agencies, as
well as gaps in the technical assistance available to VR agencies that
they can ill afford to experience during a time of ongoing change in
State VR programs, particularly in light of the current and ongoing
challenges that all VR agencies face in addressing the COVID-19
pandemic. The commenter suggested that RSA consider continuing funding
the current technical assistance centers for at least the next two
years.
Discussion: The Department agrees with the commenter that the
current centers have performed well and continued technical assistance
is needed. The current centers were put in place to respond to very
specific changes WIOA made to the Rehabilitation Act, and State VR
agencies are in a different place now than they were five years ago
with respect to implementing the changes. The current set of RSA-funded
VR technical assistance centers will be reaching the end of their five-
year performance period, and the Department believes the new priority
areas will provide the training and technical assistance that State VR
agencies need. Given the status of the State VR agencies in
implementing the specific changes based on WIOA, RSA believes that
State VR agency personnel will benefit from technical assistance to
achieve the State VR agency's program management, service delivery, and
quality employment goals, in a manner consistent with the priority and
with each State's particular circumstances, including those related to
COVID-19. RSA expects that the new technical assistance centers will be
able to respond to the technical assistance needs of the State VR
agencies.
Changes: None.
Comment: One commenter noted that quality management is a pressing
topic for individuals with disabilities accessing the State VR program
for the purpose of achieving competitive integrated employment. This
commenter also noted that the amendments to the Rehabilitation Act
emphasized expanding quality employment outcomes and career advancement
for individuals with disabilities. The commenter suggested that the
VRTAC-QM focus on fiscal and programmatic changes to VR agency
operations that are philosophically consistent with the emphasis on
expanding quality employment outcomes and career advancement for as
many eligible individuals with disabilities as possible. The commenter
also suggested that increasing the capacity of agencies in these areas
should result in qualifying individuals for services in a manner that
does not lead to the disqualification of other individuals.
Discussion: The Department appreciates the commenter's suggestions.
The priority for the VRTAC-QM stresses maximizing available resources
to support consumer services and includes the types of services and
outcomes suggested by the commenter.
Changes: None.
Project Requirements
Comment: One commenter suggested making it mandatory to include a
representative from a CRP or a provider association on the advisory
committee for the VRTAC-QM.
Discussion: The Department acknowledges the important role of CRPs
in assisting individuals with disabilities to achieve their employment
outcomes. The proposed priority for the VRTAC-QM requires a
representative of stakeholders, which would include CRPs, to serve on
the committee. However, given the important role of CRPs in providing
rehabilitation services, RSA agrees with the commenter that the
committee must include a CRP representative.
Changes: We added CRP representatives to the list of required
members of the VRTAC-QM advisory committee in the Project Requirements
section of Priority 1.
Comment: One commenter asked for clarification regarding whether
the VRTAC-QM has discretion to provide distinct intensive training and
technical assistance to State VR agencies on resource management or
programmatic management.
Discussion: The Department believes that the VRTAC-QM should have
the capacity to provide intensive training and technical assistance to
VR agencies on both program management and resource management. The
VRTAC-QM may provide training and technical assistance to State VR
agency personnel on topics related to program management, resource
management, or both, based on the participating State VR agency's
identified needs.
Changes: None.
Comment: One commenter asked whether the state-of-the-art website
and information technology (IT) platform to be established by the
technical assistance centers for communicating with State VR agencies
can be an existing website specifically designed to house and provide
VR-specific information and resources, or whether a new site must be
constructed.
Discussion: If the grantee has a website that can be modified for
the purpose of the specific technical assistance center and it meets
all of the final requirements, RSA may approve that website. Otherwise,
a new website must be constructed for the purpose of the VRTAC-QM or
VRTAC-QE exclusively.
Changes: None.
Comment: One commenter suggested that the VRTAC-QM have three
critical management objectives: (1) Explore strategies to respond to
increased demands for services that build capacity through the redesign
of service delivery, including, but not limited to, virtual counseling,
outcome-based payments to incentivize success with job placement and
worker retention, and increased emphasis on poverty reduction that
recognizes the impact of financial stress on physical and mental
health; (2) develop new options for collaboration that draw additional
financial and human resources in coordination with VR to meet expanded
client demand; and (3) expand coordination with the employer community
to build new on-ramps and pathways into employment for individuals with
disabilities through inclusive apprenticeships and entrepreneurial
opportunities.
Discussion: The Department agrees that these three objectives are
reasonable options under the priorities, if they are among the needs
identified by the participating VR agency; supported by the agency's
strengths, weaknesses, opportunities for improvement, and threats
(SWOT) quality management assessment; and included in the corresponding
training and technical assistance agreement. Please note that building
new on-ramps and pathways into employment for individuals with
disabilities is
[[Page 46542]]
addressed through the priority for the VRTAC-QE.
Changes: None.
Comment: One commenter suggested that RSA establish criteria to
prioritize the State VR agencies to receive intensive technical
assistance from the technical assistance centers. The commenter noted
that the criteria would be based on the degree to which State VR
agencies exhibit (1) ownership of their conditions, (2) engagement
willingness, (3) clear understanding of technical assistance to meet
needs, and (4) partnership and communication capacities.
Discussion: The Department agrees that, given the limited resources
of the technical assistance centers, it is possible that there will be
multiple VR agencies requiring training and technical assistance from
the centers. The technical assistance centers need to have a system in
place to address this scenario so that they can prioritize the training
and technical assistance to the State VR agencies most in need. RSA
will work with the technical assistance centers to prioritize which VR
agencies get technical assistance through the cooperative agreement
between RSA and the technical assistance centers.
Changes: None.
Comment: One commenter suggested that the Department be cautious
reaching any conclusions regarding VR agencies' performance that are
based primarily on data from Program Year (PY) 2017 and PY 2018 because
the reliability, validity, and completeness of the new performance
indicator data first reported in 2017 are limited. The commenter noted
that the current RSA-911 reporting requirements that went into effect
on July 1, 2017, compelled State VR agencies to make substantial,
complex, and challenging revisions to the information collected and
reported on the individuals they serve, and to provide significant
training and support to VR counselors who are responsible for much of
the new data collection. The commenter stated that, in particular, the
PY 2017 and PY 2018 data on measurable skill gains (MSG) among VR
participants enrolled in education or training were suppressed by
limitations on the timeframe for reporting those gains, combined with
the requirement for VR staff to verify the gains with supporting
documentation for each reported skill gain, often under significant
time pressure. This commenter also suggested that the employment
records for VR participants maintained by State Unemployment Insurance
(UI) programs do not include all VR participants who achieved
employment outcomes. The commenter noted that, due to State VR
agencies' limited resources for extensive ``contact tracing'' of
individuals who do not have UI wage records, the data on participants'
post-VR employment and earnings will continue being underreported for a
period of time until all State VR agencies are able to access the
cross-State UI wage data.
Discussion: The Department appreciates the commenter's suggestions
regarding data collection and analysis related to VR agencies'
performance, MSG, and post-VR employment and earnings of VR
participants. RSA has provided, and is continuing to provide, tools and
technical assistance to VR agencies to help improve the completeness
and accuracy of data reported by VR agencies. These tools and technical
assistance include RSA-911 policy directives, RSA and Workforce
Innovation Technical Assistance Center (WINTAC) training series on MSG
and credential attainment, and exit and post-exit data elements. RSA
believes that the technical assistance centers will further respond to
VR agency personnel's needs in conducting data collection and analyses
related to VR agencies' performance employment outcomes of individuals
with disabilities, including MSG and post-VR employment and earnings
data addressed by the commenter.
Changes: None.
Comment: None.
Discussion: After further review of the project requirements, we
did not want to limit the dissemination of the summative findings to
only the fifth year of the grant, as there are formative findings
throughout the grant period, while the technical assistance is
occurring, that could be shared with a larger audience. We are
interested in these additional presentations to give centers more
opportunities to share about successes and challenges that they have
experienced in order to better inform the work of the field in an
incremental and progressive manner. Accordingly we are revising Project
Requirement (7) under Priority 1 and Project Requirement (6) under
Priority 2, as well as Additional Application Requirement (b)(6) under
Priorities 1 and 2, to provide that the centers must engage in
dissemination activities in all years of the grant period, with a
special focus in the fifth year, rather than in the fifth year alone.
Changes: We have revised Project Requirement (7) under Priority 1
and Project Requirement (6) under Priority 2, as well as Additional
Application Requirement (b)(6) under Priorities 1 and 2, to require the
centers to present at a national conference or regional forums or
specialized meetings throughout the grant period, with special focus in
the fifth year of the grant, to disseminate the centers' summative
findings and results.
Definitions
Comment: One commenter noted that in the proposed priority the
terms ``fiscal management'' and ``resource management'' are both used.
This commenter asked for clarification on what these two terms relate
to and suggested that RSA define each of the terms to distinguish the
key differences between the two.
Discussion: For these priorities, ``resource management'' refers to
the efficient and effective development of a VR agency's resources when
they are needed. Such resources may include financial resources, agency
personnel skills, community rehabilitation resources, or information
technology, including information technology for individuals with
disabilities. ``Fiscal management'' refers to the practice of applying
general management principles to the financial resources of the agency
or organization. Such financial resources may include planning,
organizing, directing, and controlling financial activities such as the
procurement and utilization of funds of the organization. We believe
that the key differences between the two terms are explained in the
eight bullets at the end of Priority 1 that provide several examples of
effective resource management. Therefore, a definition is not required.
Changes: None.
Final Priorities
Priority 1
Vocational Rehabilitation Technical Assistance Center for Quality
Management
The purpose of this priority is to fund a cooperative agreement to
establish a Vocational Rehabilitation Technical Assistance Center for
Quality Management (VRTAC-QM).
The VRTAC-QM will provide intensive training and technical
assistance, targeted training and technical assistance, and universal
training and technical assistance to State VR agencies on quality
management strategies that will enable VR agencies to improve service
delivery to, and employment outcomes achieved by, individuals with
disabilities. For States that request intensive training and technical
assistance, the training and technical assistance will upgrade and
increase the competencies, skills,
[[Page 46543]]
and knowledge of VR personnel, enabling them to assess current VR
program performance and to identify the strengths, weaknesses,
opportunities for improvement, and threats (SWOT) that impact the
effectiveness of VR agency service delivery and the quality of
employment outcomes. This SWOT assessment will be based on a review of
a wide variety of information sources, including, but not limited to,
RSA's monitoring findings and recommendations; State audit reports;
consumer feedback provided in public hearings and through consumer
satisfaction surveys; results of comprehensive statewide needs
assessments; and input from workforce development partners, community
rehabilitation programs, and other VR stakeholders. Based on SWOT
assessments, the center and VR agency personnel will develop
individualized intensive training and technical assistance agreements
designed to provide personnel with skills and strategies they need to
address the weaknesses identified in the SWOT assessments to improve
service delivery and employment outcomes for individuals with
disabilities. The center will also provide VR agency personnel with
technical assistance on evaluating whether the quality management
strategies they adopt lead to increasing the percentage of participants
who achieve an MSG and exit the program with an employment outcome and
to modify those strategies, if necessary, to achieve continuous program
improvement. In addition to the intensive training and technical
assistance, the VRTAC-QM also will provide targeted training and
technical assistance and universal training and technical assistance to
State VR agencies on a broad range of quality management strategies and
practices, both programmatic and fiscal, to address needs common to
many agencies.
With regard to program management and performance, the VRTAC-QM's
training and technical assistance will support the assessment,
development, and enhancement of staff knowledge, skills, and abilities
to perform the following functions in order to improve service delivery
and employment outcomes for individuals with disabilities:
Analyzing the State VR agency's comprehensive system of
personnel development to identify strengths and weaknesses in staff's
ability to understand and address factors affecting program performance
and designing management strategies to address these deficits.
Analyzing case service data to identify trends and
inconsistencies in program performance, and developing strategies to
improve the effectiveness and timeliness of services provided,
including addressing inconsistencies in the quality and quantity of
employment outcomes achieved by various groups of individuals with
disabilities served by the program.
Understanding statutory and regulatory requirements
related to performance management, including calculations for the
common performance measures required under WIOA and factors that may be
affecting the agency's performance on these measures.
Conducting quality assurance and performance improvement,
including the use of data for performance management systems and the
implementation of the common performance measures required by WIOA.
Strategic planning to address aspects of the SWOT
assessment that pose challenges and barriers to improving service
delivery and employment outcomes for individuals with disabilities,
particularly students and youth with disabilities and individuals with
significant and the most significant disabilities.
Implementing effective and efficient policies for
delivering pre-employment transition services under section 113, VR
services under section 103(a), and supported employment services under
title VI of the Rehabilitation Act.
Understanding the relationship to important outcomes of
various cost containment measures, such as implementing an order of
selection giving priority for services to individuals with the most
significant disabilities, establishing a financial needs test for
various services, implementing policies for consumer participation in
the cost of services, and implementing the requirement to seek
comparable services and benefits for certain services, among others.
Under the VR program, agencies must comply with several complex
Federal fiscal requirements related to maintenance of effort,
reallotment, reservation of funds for pre-employment transition
services, and match, among others. VR agencies must understand, track,
assess, and adjust, when necessary, program activities to meet these
requirements while maximizing program outcomes. Additionally, the lack
of knowledge and skills in fiscal and resource management can
negatively affect the ability of VR agency personnel to meet consumer
needs, for example, necessitating the implementation of orders of
selection limiting the numbers of eligible individuals served in the VR
program. With regard to effective resource management, the training and
technical assistance will support the assessment, development, and
enhancement of staff knowledge, skills, and abilities to ensure that--
Resources, including program funds and personnel, are
being used for allowable purposes and innovative employment strategies
and supports that maximize employment outcomes for individuals with
disabilities, including students and youth with disabilities and
individuals with significant and the most significant disabilities;
Programs have sound internal controls and reliable
reporting systems upon which to base fiscal and programmatic decision-
making to support attainment of program goals and objectives, including
those related to increasing the numbers and qualifications of service
delivery personnel; and
Resources, including program funds and personnel, are
maximized for program needs.
The following are examples of activities the VRTAC-QM may undertake
to address weaknesses in resource management:
Assess grantee financial management processes used to
support attainment of fiscal and programmatic outcomes (for example,
whether an agency's fiscal processes support the accurate tracking and
reporting of non-Federal funds to maximize the drawdown of Federal
award funds to support attainment of employment outcomes). The
assessment will be used to identify areas for improvement in fiscal
processes that will assist the agency in meeting program goals.
Assess personnel training and technical assistance needs
to identify gaps in fiscal knowledge, skills, and abilities that
prevent the agency from effective and efficient resource utilization
necessary to achieve employment outcomes.
Provide intensive training and technical assistance on
financial planning to maximize program resources and attainment of
program goals and objectives, maximizing opportunities for funds
matching, avoiding potential maintenance of effort and match penalties,
and meeting the reservation of funds requirement for pre-employment
transition services in order to increase resources available for
service delivery.
Provide technical assistance on implementing Federal,
State, and program fiscal requirements, including
[[Page 46544]]
internal controls, in an efficient and effective manner to reduce
unnecessary burden and to focus efforts on program outcomes.
Provide technical assistance on the identification,
collection, and analysis of program and fiscal data necessary for
program management and maximizing available resources to support
consumer services.
Priority 2
Vocational Rehabilitation Technical Assistance Center for Quality
Employment
The purpose of this priority is to fund a cooperative agreement to
establish a Vocational Rehabilitation Technical Assistance Center for
Quality Employment (VRTAC-QE).
The purpose of the VRTAC-QE is to upgrade and increase the
competencies, skills, and knowledge of VR personnel to implement and
sustain employment strategies and supporting practices that enable
individuals with disabilities to achieve quality employment and career
advancement, particularly competitive integrated employment as defined
in the Rehabilitation Act. The center will include strategies and
practices that meet the needs and promote the quality employment of
individuals with significant and the most significant disabilities,
students and youth with disabilities, and traditionally underserved
populations. The VRTAC-QE will implement a coordinated plan to provide
intensive training and technical assistance, targeted training and
technical assistance, and universal training and technical assistance
to State VR agencies on a broad range of employment strategies and
supporting practices.
Employment strategies for consideration include, but are not
limited to, the following:
(a) Career pathways education, training, and supports in high-
demand occupations, including those in science, technology,
engineering, and mathematics (STEM) fields.
(b) Registered and industry-recognized apprenticeships, pre-
apprenticeships, and on-the-job training.
(c) Supported employment and customized employment.
(d) Customized training and credential programs to meet employer
demand.
(e) Self-employment and entrepreneurship, including services
available under the Randolph-Sheppard Vending Facility Program.
(f) Business engagement and employer supports, including dual
customer models such as Progressive Employment.
Supporting practices for consideration include, but are not limited
to, the following:
(1) Practices to enhance the employment capacity of individuals
with the most significant disabilities receiving supported employment
services, such as the Individual Placement and Support model.
(2) Pre-employment transition services that prepare students with
disabilities and transition services that prepare youth with
disabilities to identify career interests through work-based learning
and early career exploration opportunities, including internships and
job shadowing, with a focus on high-demand and STEM careers.
(3) Career counseling techniques and resources, including labor
market information tools such as Career Index Plus.
(4) Strategies involving workforce development partners, community
rehabilitation programs, and other community-based organizations to
provide the comprehensive support services that individuals with
significant and the most significant disabilities need to succeed, such
as the Integrated Resource Teams model.
(5) Approaches that encourage VR clients to enter and remain
engaged in the VR process, such as rapid engagement, motivational
interviewing, benefits counseling, and financial empowerment training,
and vehicles such as the Achieving a Better Life Experience (ABLE) tax-
free accounts for individuals with disabilities.
(6) Community outreach strategies to expand the pool of potential
VR applicants and referral sources, including traditionally underserved
populations.
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 Requirements
The Department establishes the following requirements for these
priorities. We may apply these requirements in any year in which these
priorities are in effect.
Project Requirements of Priority 1
To meet the requirements of this priority, the VRTAC-QM must, at a
minimum, conduct one or more of the following activities:
(1) Establish a committee on quality management of State VR
programs that meets at least semi-annually to obtain individual advice
and recommendations for the project.
The committee must include, but is not limited to, individuals with
disabilities, representatives from State VR agencies, representatives
from community rehabilitation programs, stakeholders, and individuals
with subject matter expertise in improving outcomes through effective
program and resource management and in employment strategies for people
with disabilities. At a minimum, the committee members will provide
individual input and recommendations pertaining to the implementation
of the project and the project evaluation and quality assurance plan.
(2) Establish a state-of-the-art website and information technology
(IT) platform for communicating with State VR agencies and ensure that
all products produced by the VRTAC-QM and posted on the website meet
government and industry-recognized standards for accessibility.
The website will become a key training and technical assistance
delivery vehicle; a major communication center for the VRTAC-QM and
State VR agencies; and the central repository of information about
quality management strategies and practices that will form the basis
for intensive training and technical assistance, targeted training and
technical assistance, and universal training and technical assistance.
(3) Complete a comprehensive review of programmatic and fiscal
quality management strategies and practices for VR services for
individuals with disabilities to achieve employment
[[Page 46545]]
outcomes and develop an overarching training and technical assistance
plan for the project. Both the review and the plan must be made
available to the public, ensuring applicable privacy requirements are
met.
The purpose of the review is to identify those strategies and
practices for inclusion in VRTAC-QM's overarching training and
technical assistance plan. The center will develop an analytical
framework and selection criteria against which to evaluate potential
strategies and practices. The analysis will focus on: State VR agency
needs and priorities, up-to-date information on quality management
strategies and practices that have proven to be effective in the field
of rehabilitation as well as other public and private sectors of the
economy that may have applicability to the management of VR agencies,
and quantitative and qualitative research on the effectiveness of the
identified program and resource management strategies and practices
leading to improved service delivery and employment outcomes for
individuals with disabilities.
Sources of information used for this review may include: State VR
agency interviews and consultations; information from such sources as
the RSA-911 Case Service Report aggregate data, general labor market
data and information, Unified or Combined State Plans, and RSA
monitoring reports; and information and resources generated by
technical assistance centers funded by the U.S. Departments of
Education, Labor, and Health and Human Services.
The overarching training and technical assistance plan must
include, at a minimum--
(a) Quality management strategies and practices that result in
improved service delivery and employment outcomes for individuals with
disabilities, including the rationale for their selection;
(b) Conceptual framework for the selected strategies and practices,
including key assumptions, expectations, and presumed relationships or
linkages among strategies and practices;
(c) Nature and scope of the intensive training and technical
assistance, targeted training and technical assistance, and universal
training and technical assistance to be provided in support of the
selected strategies and practices; and
(d) Protocols and timelines for requesting and obtaining training
and technical assistance.
(4) Provide intensive training and technical assistance to State VR
agencies.
Intensive training and technical assistance will be provided to
increase State VR agencies' capacity to adopt, expand, or sustain
programmatic and fiscal quality management strategies and practices
that improve the quality of service delivery and employment outcomes.
Intensive training and technical assistance will be provided on-site,
over an extended period, under the terms of signed intensive training
and technical assistance agreements between the VRTAC-QM and the
participating State VR agencies. Numerical targets for the number of
intensive training and technical assistance agreements will be included
in the cooperative agreement between RSA and the VRTAC-QM. Agreements
will reflect the participating VR agencies' needs and priorities,
goals, and objectives. They must include the following components:
(a) Quality management strategies and practices to be implemented
by the State VR agency and that result in improved service delivery and
employment outcomes.
(b) Nature and scope of the training and technical assistance to be
provided by the VRTAC-QM.
(c) Roles and responsibilities of the VRTAC-QM, State VR agency,
other workforce development partners, community rehabilitation
programs, and other partners, including the commitment of resources.
(d) Logic model \1\ that includes: Performance outcomes, targets,
and baselines; project activities, inputs, and outputs; and data
collection and analysis commitments.
---------------------------------------------------------------------------
\1\ ``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.
---------------------------------------------------------------------------
The intensive training and technical assistance agreements will be
developed based on the VRTAC-QM and participating VR agency's review
and analysis of such information sources as Unified or Combined State
Plans; RSA-911 and other performance data; general labor market data
and information; RSA monitoring reports; State audit reports; and a
review of pertinent Federal, State, and local resources in the State,
including existing employment and training programs.
(5) Provide targeted training and technical assistance and
universal training and technical assistance on programmatic and fiscal
quality management strategies and practices that lead to effective and
efficient service delivery and quality employment outcomes.
(6) Coordinate training and technical assistance with other
technical assistance centers.
The VRTAC-QM must coordinate the provision of training and
technical assistance with the Vocational Rehabilitation Technical
Assistance Center for Quality Employment and other RSA-funded technical
assistance and training centers. This coordination is particularly
critical when developing intensive training and technical assistance
agreements with the VR agencies to avoid confusion and duplication of
efforts. The VRTAC-QM must also coordinate with other technical
assistance centers funded by the U.S. Departments of Education, Labor,
and Health and Human Services.
(7) Present at a national conference or regional forums or
specialized meetings throughout the grant period, with special focus in
the fifth year of the grant to disseminate the VRTAC-QM's summative
findings and results.
The primary objectives are to help State VR agencies to expand and
sustain their VRTAC-QM programmatic and fiscal management strategies
and practices that result in improved service delivery and employment
outcomes by promoting an exchange of ideas and experiences with other
participating VR agencies and to encourage other State VR agencies to
consider adopting VRTAC-QM strategies and practices. In addition, the
VRTAC-QM will explore cost-effective approaches such as virtual
convenings to engage VR agencies and partners who may be unable to
attend in-person meetings.
(8) Develop a plan for an evaluation, including a timeline for the
evaluation and measurement benchmarks, that will assess the effect of
the center's training and technical assistance on the service delivery
and employment outcomes achieved by the VR agencies that received the
center's services. This should be done through an analysis of the
quality, relevance, and usefulness of VRTAC-QM training and technical
assistance activities designed to improve State VR agencies' program
and resource management and lead to improved service delivery and
achievement of high-quality employment outcomes and career advancement.
Project Requirements of Priority 2
To meet the requirements of this priority, the VRTAC-QE must, at a
minimum, conduct one or more of the following activities:
(1) Establish a state-of-the-art website and IT platform for
communicating with
[[Page 46546]]
State VR agencies and ensure that all products produced by the VRTAC-QE
and posted on the website meet government and industry-recognized
standards for accessibility.
The website will become a key training and technical assistance
delivery vehicle; a major communication center for the VRTAC-QE, State
VR agencies, workforce development partners, and other professionals;
and the central repository of information about employment strategies
and practices that will form the basis for intensive training and
technical assistance, targeted training and technical assistance, and
universal training and technical assistance.
(2) Complete a comprehensive review of effective strategies and
practices leading to quality employment for individuals with
disabilities and develop an overarching training and technical
assistance plan for the project. Both the review and the plan must be
made available to the public, ensuring applicable privacy requirements
are met.
The purpose of the review is to identify employment strategies and
supporting practices for inclusion in VRTAC-QE's overarching training
and technical assistance plan. The center will develop an analytical
framework and selection criteria against which to evaluate potential
strategies and practices. The analysis will focus on: State VR agency
needs and priorities; up-to-date information on national trends,
barriers, challenges, and opportunities regarding quality employment
for individuals with disabilities, including factors leading to
successful employment of individuals with significant and the most
significant disabilities, students and youth with disabilities, and
traditionally underserved populations; and quantitative and qualitative
research on the effectiveness of the identified strategies and
practices.
Sources of information for this review may include, but are not
limited to, State VR agency interviews and consultations; analyses of
aggregate RSA-911 Case Service Report data, Unified or Combined State
Plans, and RSA monitoring reports; information and tools generated by
RSA's vocational rehabilitation technical assistance centers and
special demonstration projects, available on the National Clearinghouse
of Rehabilitation Training Materials website; and other resources
funded by the U.S. Departments of Education, Labor, and Health and
Human Services, and institutions of higher education.
The overarching training and technical assistance plan must
include, at a minimum--
(a) Employment strategies and supporting practices, including the
rationale for their selection;
(b) Conceptual framework for the selected strategies and practices,
including key assumptions, expectations, and presumed relationships or
linkages among strategies and practices;
(c) Nature and scope of the intensive training and technical
assistance, targeted training and technical assistance, and universal
training and technical assistance to be provided in support of the
selected strategies and practices; and
(d) Protocols and timelines for requesting and obtaining training
and technical assistance.
(3) Provide intensive training and technical assistance to State VR
agencies.
Intensive training and technical assistance will be provided to
increase the capacity of State VR agencies to adopt, expand, or sustain
employment strategies and supporting practices that improve the quality
of employment outcomes. Intensive training and technical assistance
will be provided on-site, over an extended period, under the terms of
signed intensive training and technical assistance agreements between
the VRTAC-QE and the participating State VR agencies. Numerical targets
for the number of intensive training and technical assistance
agreements will be included in the cooperative agreement between RSA
and the VRTAC-QE. Agreements will reflect the participating VR
agencies' needs and priorities, goals, and objectives. They must
include the following components:
(a) Employment strategies and supporting practices to be
implemented by the State VR agency.
(b) Nature and scope of the training and technical assistance to be
provided by the VRTAC-QE.
(c) Roles and responsibilities of the VRTAC-QE, State VR agency,
workforce development partners, community rehabilitation programs, and
other partners, including the commitment of resources.
(d) Logic model \2\ that includes: State-specific performance
outcomes, targets, and baselines; project activities, inputs, and
outputs; and data collection and analysis commitments.
---------------------------------------------------------------------------
\2\ ``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.
---------------------------------------------------------------------------
The intensive training and technical assistance agreements will be
developed based on the VRTAC-QE and participating VR agency's review
and analysis of such information sources as Unified or Combined State
Plans; RSA-911 and other performance data; RSA monitoring reports;
relevant labor market information; and a review of pertinent Federal,
State, and local resources in the State, including existing employment
and training programs.
Intensive training and technical assistance will be implemented in
coordination with, and leveraging the resources of, State and local
workforce development partners and other parties specified in the
intensive training and technical assistance agreement.
(4) Provide targeted training and technical assistance meeting the
identified needs of a limited number of State VR agencies, as well as
universal training and technical assistance broadly available to all
State VR agencies and their partners.
(5) Coordinate training and technical assistance with other
technical assistance centers.
The VRTAC-QE must coordinate the provision of training and
technical assistance with the Vocational Rehabilitation Technical
Assistance Center for Quality Management and other RSA-funded training
and technical assistance investments. This coordination is particularly
critical when developing intensive training and technical assistance
agreements with the VR agencies to avoid confusion and duplication of
efforts. The VRTAC-QE must also coordinate with other training and
technical assistance resources funded by the U.S. Departments of
Education, Labor, and Health and Human Services, and other pertinent
Federal or State organizations, and institutions of higher education,
as appropriate.
(6) Disseminate VRTAC-QE summative findings and results through a
national conference or regional forums or specialized meetings
throughout the grant period, with special focus in the fifth year of
the grant. The primary objectives are to help State VR agencies to
expand and sustain their VRTAC-QE strategies and practices and to
encourage other State VR agencies to consider adopting some VRTAC-QE
strategies and practices by promoting an exchange of ideas and
experiences with other participating VR agencies. To maximize the
dissemination of project findings and results throughout the
[[Page 46547]]
grant period, with special focus in the fifth year, the VRTAC-QE will
explore cost-effective approaches such as virtual convenings to engage
VR agencies and partners who may be unable to attend in-person
meetings.
(7) Develop a plan for an evaluation, including a timeline for the
evaluation and measurement benchmarks, that will assess VRTAC-QE
employment strategies and supporting activities' effect on VR
participants' employment outcomes and career advancement. The
evaluation will also assess the quality, relevance, and usefulness of
the VRTAC-QE's training and technical assistance in improving State VR
agencies' ability to identify and implement the appropriate strategies
and practices.
Application Requirements
The following application requirements apply to both Priority 1 and
Priority 2. The Department encourages innovative approaches to meet
these requirements. Applicants must--
(a) Demonstrate, in the narrative section of the application under
``Quality of the Evaluation Plan,'' how the proposed project will meet
the evaluation requirements of the priority. Applicants must describe
the anticipated implementation steps, milestones, and timelines for the
development of a logic model for the project. The logic model must
include data elements, inputs, activities, outputs, and short-term and
long-term performance indicators regarding--
(1) Quantitative outcomes resulting from the program management or
employment strategies and practices, including--
(i) Quality and timeliness of the VR processes and services;
(ii) Number and quality of employment outcomes;
(iii) VR participants' employment or career-readiness;
(iv) Cost-effectiveness; and
(v) Sustainability;
(2) Quality, relevance, and usefulness of the project's training
and technical assistance activities;
(3) Quantitative or qualitative insights about the relationship
between strategies, practices, and training and technical assistance
activities on critical outcomes for VR personnel, VR clients, and key
partners, including through--
(i) Pre- and post-training assessments;
(ii) Comparison groups;
(iii) Focus groups; or
(iv) Success stories.
(b) Demonstrate, in the narrative section of the application under
``Adequacy of Project Resources,'' how the applicant will ensure that--
(1) The proposed project will encourage applications for employment
from persons who are members of groups that have historically been
underrepresented based on race, color, national origin, gender, age, or
disability, as appropriate;
(2) Projects will be operated in a manner consistent with
nondiscrimination requirements contained in the U.S. Constitution and
the Federal civil rights laws;
(3) Key project personnel, consultants, and subcontractors have the
qualifications and experience to meet all the requirements of the
priority, including expertise in--
(i) Programmatic areas addressed in the Project Requirements
section of the priority;
(ii) Program and resource management and oversight;
(iii) Knowledge translation and dissemination, including the
effective use of communication technologies; and
(iv) Project evaluation leading to continuous improvement,
including qualitative and quantitative assessments;
(4) The applicant and key partners have adequate resources to carry
out the proposed project activities, and achieve anticipated project
outcomes and impact on the VR services to individuals with
disabilities, including assurances that the proposed allocation of
human and financial resources for project evaluation will be enough to
meet the requirements in section (a) of the application requirement
regarding the ``Quality of the Evaluation Plan,'' above; and
(5) The proposed costs are reasonable in relation to the
anticipated results and benefits.
(c) Demonstrate, in the narrative section of the application under
``Quality of the Management Plan,'' how the applicant will ensure
that--
(1) The project's intended outcomes, including implementation of
the evaluation plan, will be achieved on time and within budget,
through--
(i) Clearly defined responsibilities of key project personnel,
consultants, and contractors, as applicable;
(ii) Procedures to track and ensure completion of the action steps,
timelines, and milestones established for key project activities,
requirements, and deliverables, in accordance with the cooperative
agreement between RSA and the applicant;
(iii) Internal monitoring processes to ensure that the project is
being implemented in accordance with an established project performance
plan, including timelines and milestones; and
(iv) Financial and budgetary oversight processes to ensure timely
obligations and reporting of grant funds, 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, consultants, and
contractors--including levels of effort of key personnel--will be
appropriate and adequate to achieve the project's intended outcomes,
including an assurance that key personnel will have enough availability
to ensure timely communications with stakeholders and RSA;
(3) The proposed management plan will ensure that the products and
services are of high quality, relevance, and usefulness, in both
content and delivery; and
(4) The proposed project will benefit from a diversity of
perspectives, including those of State and local personnel, providers,
researchers, and policy makers, among others, in its development and
operation.
Additional Application Requirements for Priority 1
The following application requirements apply only to priority 1
(VRTAC-QM). The Department encourages innovative approaches to meet
these requirements. Applicants must--
(a) Demonstrate, in the narrative section of the application under
``Significance of the Project,'' how the proposed project will increase
State VR agencies' capacity to improve the quality of VR services and
employment outcomes for individuals with disabilities by enabling VR
agencies to develop and implement efficient and effective program and
resource management techniques leading to increases in the numbers and
improved skills of VR counselors and other service delivery personnel.
To meet this requirement, the applicant must demonstrate--
(1) Knowledge about State VR program challenges, opportunities,
barriers, and trends regarding program and resource management or
quality employment outcomes for individuals with disabilities including
those with significant and the most significant disabilities, students
and youth with disabilities, and traditionally underserved populations;
(2) Knowledge about Federal, State, and nongovernment initiatives
to promote program and resource management and quality employment
[[Page 46548]]
outcomes for individuals with disabilities, particularly in response to
requirements under WIOA;
(3) The proposed project's potential to contribute to these
Federal, State, and nongovernment initiatives by assisting State VR
agencies in equipping personnel with the necessary skills and training
to implement the substantive provisions of the Rehabilitation Act
introduced by WIOA that are designed to improve the quality of
employment outcomes for individuals with disabilities; and
(4) How the proposed project will increase State VR agencies'
capacity to implement program and resource management strategies
leading to improved VR services, employment outcomes, and career
advancement opportunities for individuals with disabilities.
(b) Demonstrate, in the narrative section of the application, under
``Quality of Project Services,'' how the proposed project will achieve
the goals, objectives, and intended outcomes of this priority. To meet
this requirement, the applicant must describe its plan for implementing
the project, including major implementation activities, timelines, and
milestones (particularly for the initial fiscal year), as well as key
assumptions and expectations, presumed relationships or linkages among
variables, and underlying rationale and empirical support, for the
following Project Requirements of the priority:
(1) State-of-the-art website. Applicants must describe how the
website will serve as an effective communication center, training and
technical assistance delivery vehicle, and repository of information
about quality management or employment strategies and practices,
including--
(i) Expected features and capabilities, including information-
delivery and stakeholder-convening technologies; and
(ii) Anticipated uses of such features and capabilities in support
of the project goals and objectives.
(2) Comprehensive review. Applicants must describe how the
comprehensive review will provide the factual basis for the project
training and technical assistance plan. At a minimum, the comprehensive
review must include--
(i) Input from State VR agencies about their needs, priorities, and
innovative approaches to program and resource management that lead to
improved service delivery;
(ii) Information regarding the latest--
(A) National trends, barriers, challenges, and opportunities;
(B) Effective and efficient program and resource management
strategies, techniques, and practices that may be applicable to State
VR agencies; and
(C) Additional information that the applicant deems relevant; and
(iii) An analytical framework for assessing the collected
information and selecting the program and resource management
strategies and practices for inclusion in the training and technical
assistance plans.
(3) Provision of intensive training and technical assistance.
Applicants must describe how the intensive training and technical
assistance agreements will increase State VR agencies' capacity to
improve the State VR agencies' performance and quality employment
outcomes for individuals with disabilities, through State-appropriate--
(i) Program and resource management;
(ii) Federal, State, and local partnerships; and
(iii) Performance outcomes, outputs, inputs, targets, baselines,
and data collection requirements.
(4) Provision of targeted training and technical assistance and
universal training and technical assistance. Applicants must describe
how each training and technical assistance modality (targeted or
universal) will help State VR agencies to adopt, expand, and sustain
program and resource management practices. For each training and
technical assistance modality, describe--
(i) Topics, activities, and products;
(ii) Intended audience and outreach strategies;
(iii) Content delivery and dissemination methods; and
(iv) Steps to ensure quality, relevance, and usefulness.
(5) Coordination. The applicant must describe how it will maximize
coordination between the VRTAC-QE and the VRTAC-QM and seek
opportunities to coordinate with other training and technical
assistance investments, including those funded by the U.S. Departments
of Education, Labor, and Health and Human Services, in the provision of
training and technical assistance to State VR agencies.
(6) National conference, regional forums, or specialized meetings
throughout the grant period, with special focus in the fifth year of
the grant performance period. Applicants must describe how the project
will disseminate its summative findings and results, including cost-
effective approaches such as virtual convenings to engage State VR
agencies and other potential Federal, State, local, and nongovernment
partners, including--
(i) Types of events (e.g., conferences, forums, specialized
meetings);
(ii) Target audience (e.g., by event type, types of stakeholders
with a variety of roles and sectors); and
(iii) Convening modes (in-person, virtual).
(c) Demonstrate, in the narrative section of the application under
``Quality of the Evaluation Plan,'' the applicant's capacity and
experience in addressing the State VR agencies' training and technical
assistance needs in the areas of program and resource management,
including but not limited to strategic planning and performance
improvement leading to performance improvement, including SWOT
assessment related to implementing strategies that ensure education
funds are spent in a way that increases their efficiency and cost-
effectiveness, including by reducing waste or achieving better
outcomes.
Additional Application Requirements for Priority 2
The following application requirements apply only to Priority 2
(VRTAC-QE). The Department encourages innovative approaches to meet
these requirements. Applicants must--
(a) Demonstrate, in the narrative section of the application under
``Significance of the Project,'' how the proposed project will increase
State VR agencies' capacity to improve the quality of VR services and
employment outcomes for individuals with disabilities by enabling VR
agencies to develop and implement innovative employment and support
strategies that are designed to improve employment outcomes and career
advancement for individuals with disabilities. To meet this
requirement, the applicant must demonstrate--
(1) Knowledge about State VR program challenges, opportunities,
barriers, and trends regarding program and resource management or
quality employment outcomes for individuals with disabilities including
those with significant and the most significant disabilities, students
and youth with disabilities, and traditionally underserved populations;
(2) Knowledge about Federal, State, and nongovernment initiatives
to promote program and resource management and quality employment
outcomes for individuals with disabilities, particularly in response to
requirements under WIOA;
(3) The proposed project's potential to contribute to these
Federal, State, and nongovernment initiatives by assisting State VR
agencies in equipping
[[Page 46549]]
personnel with the necessary skills and training to implement the
substantive provisions of the Rehabilitation Act introduced by WIOA
that are designed to improve the quality of employment outcomes for
individuals with disabilities; and
(4) How the proposed project will increase State VR agencies'
capacity to implement employment strategies and supporting practices
leading to improved VR services, employment outcomes, and career
advancement opportunities for individuals with disabilities
(b) Demonstrate, in the narrative section of the application, under
``Quality of Project Services,'' how the proposed project will achieve
the goals, objectives, and intended outcomes of this priority. To meet
this requirement, the applicant must describe its plan for implementing
the project, including major implementation activities, timelines, and
milestones (particularly for the initial fiscal year), as well as key
assumptions and expectations, presumed relationships or linkages among
variables, and underlying rationale and empirical support, for the
following Project Requirements of the priority:
(1) State-of-the-art website. Applicants must describe how the
website will serve as an effective communication center, training and
technical assistance delivery vehicle, and repository of information
about quality management or employment strategies and practices,
including--
(i) Expected features and capabilities, including information-
delivery and stakeholder-convening technologies; and
(ii) Anticipated uses of such features and capabilities in support
of the project goals and objectives.
(2) Comprehensive review. Applicants must describe how the
comprehensive review will provide the factual basis for the project
training and technical assistance plan. At a minimum, the comprehensive
review must include--
(i) Input from State VR agencies about their needs, priorities, and
innovative approaches to program and resource management that lead to
quality employment and career-readiness that lead to quality employment
outcomes;
(ii) Information regarding the latest--
(A) National trends, barriers, challenges, and opportunities;
(B) Effective employment strategies and practices that prepare
individuals with disabilities to compete in the global economy and
designed to create or expand innovative and affordable paths to
relevant careers through postsecondary credentials or job-ready skills;
and
(C) Additional information that the applicant deems relevant; and
(iii) An analytical framework for assessing the collected
information and selecting the employment and career-readiness
strategies and practices for inclusion in the training and technical
assistance plans.
(3) Provision of intensive training and technical assistance.
Applicants must describe how the intensive training and technical
assistance agreements will increase State VR agencies' capacity to
improve the State VR agencies' performance and quality employment
outcomes for individuals with disabilities, through State-appropriate--
(i) Employment strategies and supporting practices;
(ii) Federal, State, and local partnerships; and
(iii) Performance outcomes, outputs, inputs, targets, baselines,
and data collection requirements.
(4) Provision of targeted training and technical assistance and
universal training and technical assistance. Applicants must describe
how each training and technical assistance modality (targeted or
universal) will help State VR agencies to adopt, expand, and sustain
employment strategies and practices that improve employment outcomes
and career advancement opportunities for eligible VR participants. For
each training and technical assistance modality, describe--
(i) Topics, activities, and products;
(ii) Intended audience and outreach strategies;
(iii) Content delivery and dissemination methods; and
(iv) Steps to ensure quality, relevance, and usefulness.
(5) Coordination. The applicant must describe how it will maximize
coordination between the VRTAC-QE and the VRTAC-QM and seek
opportunities to coordinate with other technical assistance centers,
including those funded by the U.S. Departments of Education, Labor, and
Health and Human Services, in the provision of training and technical
assistance to State VR agencies.
(6) National conference, regional forums, or specialized meetings
throughout the grant period, with special focus in the fifth year of
the grant performance period. Applicants must describe how the project
will disseminate its summative findings and results, including cost-
effective approaches such as virtual convenings to engage State VR
agencies and other potential Federal, State, local, and nongovernment
partners, including--
(i) Types of events (e.g., conferences, forums, specialized
meetings);
(ii) Target audience (e.g., by event type, types of stakeholders
with a variety of roles and sectors); and
(iii) Convening modes (in-person, virtual).
Final Definitions
The Department establishes the following definitions for use with
the VRTAC-QM and VRTAC-QE priorities to ensure that applicants have a
clear understanding of how we are using these terms.
Intensive training and technical assistance means training and
technical assistance provided to State VR agencies and State VR agency
personnel 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 State VR agencies and State VR
agency personnel 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 State VR
agencies and State VR agency personnel on a time-limited basis and with
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 State VR agencies and State VR agency personnel.
Universal training and technical assistance means training and
technical assistance broadly available to State VR agencies and State
VR agency personnel and other interested parties through their own
initiative, 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 contacts 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,
requirements, and definitions, we invite
[[Page 46550]]
applications through a notice in the Federal Register.
Executive Orders 12866, 13563, and 13771
Regulatory Impact Analysis
Under Executive Order 12866, the Secretary must determine 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, 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 rule 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 this 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 these final priorities, requirements, 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.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. One of the
objectives of the Executive order is to foster an intergovernmental
partnership and a strengthened federalism. The Executive order relies
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Accessible Format: 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 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 Adobe 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. 2020-16685 Filed 7-30-20; 4:15 pm]
BILLING CODE 4000-01-P