[Federal Register Volume 86, Number 32 (Friday, February 19, 2021)]
[Proposed Rules]
[Pages 10213-10218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03422]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2020-OSERS-0192]


Proposed Priority--Rehabilitation Short-Term Training-Client 
Assistance Program (CAP Training)

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

ACTION: Proposed priority.

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SUMMARY: The Department of Education (Department) proposes a priority 
under the Rehabilitation Short-Term Training program, Assistance 
Listing Number 84.246K. We may use this priority for competitions in 
fiscal year (FY) 2021 and later years. We take this action to improve 
the capacity of Client Assistance Program (CAP) professionals to 
inform, assist, and advocate for State Vocational Rehabilitation (VR) 
Services program clients and applicants about expanded education, 
training, and

[[Page 10214]]

employment opportunities under the Rehabilitation Act of 1973, as 
amended by the Workforce Innovation and Opportunity Act (WIOA). The 
priority will provide enhanced training and technical assistance on CAP 
duties and responsibilities under section 112 of the Rehabilitation 
Act, VR service provision requirements in the Rehabilitation Act, 
expanded opportunities under WIOA, individual and systems advocacy 
competencies, and leadership, relationship-building, and outreach 
skills as well as CAP strategic planning and resources management 
capacity-building. Also, the priority will promote the use of flexible 
training delivery methods, including in-person and virtual activities, 
and state-of-the-art communication tools and platforms, including the 
latest distance learning and convening technologies.

DATE: We must receive your comments on or before March 22, 2021.

ADDRESSES: Submit your comments through the Federal eRulemaking portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
    <bullet> Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``Help.''
    <bullet> Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments, address them to Felipe Lulli, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 5101, Potomac 
Center Plaza, Washington, DC 20202-2800.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: 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: 
<a href="/cdn-cgi/l/email-protection#e0d8d4ced2d4d6aba08584ce878f96"><span class="__cf_email__" data-cfemail="85bdb1abb7b1b3cec5e0e1abe2eaf3">[email protected]</span></a>.
    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: Invitation to Comment: We invite you to 
submit comments regarding this proposed priority. To ensure that your 
comments have maximum effect in developing the notice of final 
priority, we urge you to clearly identify the proposed priority and 
specific requirement that each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866, 13563, and 13771 and their 
overall requirement of reducing regulatory burden that might result 
from the proposed priority. Please let us know of any ways we could 
reduce potential costs or increase potential benefits while preserving 
the effective and efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about this proposed priority by accessing Regulations.gov. Due 
to the COVID-19 pandemic, the Department buildings are currently not 
open. However, upon reopening, you may also inspect the comments in 
person in Room 5051, 550 12th Street SW, Washington, DC, between the 
hours of 9:30 a.m. and 4:00 p.m., Eastern time, Monday through Friday 
of each week except Federal holidays.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request, we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this proposed priority. If you want to 
schedule an appointment for this type of accommodation or auxiliary 
aid, please contact the person listed under FOR FURTHER INFORMATION 
CONTACT.
    Purpose of Program: The Rehabilitation Short-Term Training program 
is designed to provide short-term training and technical instruction in 
areas of special significance to the vocational, medical, social, and 
psychological rehabilitation programs, supported employment programs, 
independent living services programs, and client assistance programs, 
including special seminars, institutes, workshops, and other short-term 
courses. Short-term training projects may be of regional or national 
scope.
    Program Authority: 29 U.S.C. 772(a)(1).
    Applicable Program Regulations: 34 CFR part 385 and 390.

Proposed Priority

    This notice contains one proposed priority.

Background

    The CAP is a formula program authorized by section 112 of the 
Rehabilitation Act. The purpose of the CAP is to inform and advise VR 
clients and applicants about all the benefits available under the 
Rehabilitation Act, including under sections 113 and 511 regarding pre-
employment transition services and limitations on use of subminimum 
wages, respectively. Upon the client's or applicant's request, the CAP 
program will provide assistance and advocacy in pursuing legal, 
administrative, or other appropriate remedies to ensure the protection 
of the rights of such individuals under the Rehabilitation Act and to 
facilitate access to the services funded under the Rehabilitation Act 
through individual and systemic advocacy. The CAP program's assistance 
and advocacy services may be directly related to facilitating the 
employment of the individual. The CAP program also provides information 
on available services and benefits under title I of the Americans with 
Disabilities Act of 1990 as well as the Rehabilitation Act, especially 
with regard to individuals with disabilities who have traditionally 
been unserved or underserved by VR programs. According to the Annual 
Client Assistance Program Report (RSA-227), CAP offices responded to 
28,709 requests for information and referral in FY 2019. They also 
provided direct services, including assistance and advocacy, to 4,359 
individuals with disabilities that year.
    The WIOA amendments to the Rehabilitation Act placed heightened 
emphasis on expanding quality employment and career advancement 
opportunities for individuals with disabilities, with a focus on 
competitive integrated employment as defined in the Rehabilitation Act. 
Consistent with WIOA's amendments to the Rehabilitation Act, the State 
VR program operates under the principle that individuals with 
disabilities, including those with significant and the most significant 
disabilities, are capable of quality employment outcomes when provided 
appropriate services, skills, and supports. WIOA places certain 
limitations on subminimum wage employment. WIOA also emphasizes pre-
employment transition services for

[[Page 10215]]

students with disabilities, supported employment for individuals with 
the most significant disabilities, customized employment, and 
coordinated strategies such as career pathways and apprenticeships to 
help individuals with disabilities realize employment goals consistent 
with their strengths, resources, priorities, concerns, abilities, 
capabilities, interests, and informed choice. At the same time, WIOA 
recognizes the need to reach traditionally unserved or underserved 
groups and individuals.
    Many of the WIOA provisions and priorities are reflected in the 
Combined and Unified State Plans developed in coordination with State 
and local workforce development boards. Some States are also 
implementing innovative approaches, including rapid engagement and 
progressive employment, to help individuals with disabilities to pursue 
quality employment outcomes.
    State VR agency personnel have experienced several challenges in 
implementing the WIOA expanded provisions. As of November 13, 2020, 25 
of 78 VR agencies were unable to serve all eligible individuals due to 
a lack of financial and staff resources and have thus introduced orders 
of selection, closed one or more priority categories, and limited the 
provision of services to eligible individuals based on the significance 
of their disabilities. Five of these VR agencies have closed all 
priority categories, meaning that they are not providing services to 
new applicants for the VR program. VR agencies are implementing orders 
of selection for two main reasons, one being the inability to provide 
the non-Federal share required as match for the VR program, which 
prevents them from accessing all available Federal VR program funds, 
and the other being the requirement to reserve at least 15 percent of 
Federal VR program funds for providing pre-employment transition 
services to eligible and potentially eligible students with 
disabilities, which restricts the amount of VR program funds available 
to serve all other eligible individuals with disabilities. These trends 
may be impacting the nature, scope, and timeliness of the VR services 
as well as the number of eligible individuals served.
    The CAP professionals play a vital role in helping VR clients and 
applicants to access the expanded opportunities under WIOA, even in the 
midst of the challenges the State VR agencies face, through individual 
information and advocacy services, systems change activities, and 
outreach to traditionally unserved or underserved populations. To 
fulfill their role effectively, CAP professionals must be knowledgeable 
about the enhanced opportunities, VR service-provision requirements, 
and CAP program's roles and responsibilities under the Rehabilitation 
Act. Also, CAP professionals must understand the specific needs of 
individuals with disabilities, the challenges State VR agencies face, 
and the roles of the State Rehabilitation Council, community 
rehabilitation programs, and workforce development partners in their 
States. Further, CAP professionals must possess effective individual 
and systems advocacy, leadership, relationship-building, and outreach 
skills. Finally, the CAP programs require strong strategic planning and 
resource management capabilities.
    The purpose of this priority is to provide high-quality and 
relevant training and technical assistance to increase CAP 
professionals' knowledge, skills, competencies, and capabilities in 
these critical areas.
    The project must be awarded and operated in a manner consistent 
with the nondiscrimination requirements mandated by the U.S. 
Constitution and Federal civil rights laws.

Proposed Priority

    Rehabilitation Short-Term Training--Client Assistance Program (CAP 
Training).
    The Department proposes to establish this Rehabilitation Short-Term 
Training-Client Assistance Program (CAP Training) priority to provide 
CAP professionals the necessary knowledge, competencies, and skills to 
help VR clients and applicants access expanded education, training, and 
employment opportunities under WIOA, and to address obstacles or 
barriers that VR clients and applicants may encounter.
    Under this priority, grantees must provide comprehensive and in-
depth training and technical assistance activities that provide updated 
information about CAP program duties and responsibilities under the 
Rehabilitation Act; expanded VR service provisions in the 
Rehabilitation Act, including section 113 on pre-employment transition 
services and section 511 regarding limitations on subminimum wages; and 
on other education, training, and employment opportunities under WIOA, 
including career pathways, apprenticeships, and customized employment. 
In providing the training and technical assistance, grantees must 
consider the challenges that State VR agencies face in implementing 
WIOA's expanded provisions and opportunities and the roles of the State 
Rehabilitation Council, community rehabilitation programs, workforce 
development partners, and other stakeholders, as reflected in the 
Unified or Combined State Plans. The training and technical assistance 
must enhance CAP professionals' individual and systems advocacy 
competencies and their leadership, relationship-building, and outreach 
skills. In addition, the training and technical assistance must 
strengthen the institutional effectiveness of the CAP programs in the 
individual States through strategic planning and resource management 
capacity-building activities.
    Under this priority, the Secretary will fund only applications that 
meet the project requirements outlined below. Applicants must describe 
major implementation activities, timelines, and milestones for each of 
the following project requirements:
    (1) Training and technical assistance to increase CAP 
professionals' knowledge, skills, and competencies in the four broad 
subject areas and related topics, including, but not limited to:
    (a) Rehabilitation Act in the context of WIOA
    (i) CAP program duties and responsibilities under section 112(a) of 
the Rehabilitation Act;
    (ii) VR service provision requirements in the Rehabilitation Act 
and related regulations, policy guidance, and legal decisions, 
including those regarding section 113 on pre-employment transition 
services and section 511 regarding limitations on subminimum wages;
    (iii) Expanded training, education, and employment opportunities 
under WIOA, including but not limited to pre-employment transition 
services, work-based learning, apprenticeships, customized employment, 
career pathways, and focus on postsecondary credential attainment, 
including advanced degrees;
    (iv) Challenges and successes that VR agencies experience in making 
the opportunities under WIOA available to individuals with disabilities 
in their States;
    (v) Obstacles that individuals with disabilities experience in 
accessing VR services, including the new and expanded services 
available through the VR program as a result of WIOA, particularly 
individuals with the most significant disabilities, students and youth 
with disabilities, members of traditionally unserved or underserved 
groups, and individuals in economically disadvantaged communities; and
    (vi) Key stakeholder roles, including State Rehabilitation Councils 
(SRC),

[[Page 10216]]

community rehabilitation programs, and workforce development boards, as 
reflected in the Unified or Combined State Plans.
    (b) Discrete skills related to CAP duties and responsibilities
    (i) Individual advocacy;
    (ii) Systems advocacy;
    (iii) Alternate dispute resolution; and
    (iv) Leadership, relationship building, and outreach.
    (c) Strategic planning
    (i) Assessments of VR program challenges, needs, and opportunities 
in the State, including the State VR agency's own innovative approaches 
as well as the expanded provisions under WIOA. Strategic assessments 
include targeted reviews of the RSA-227, Unified or Combined State 
Plans, RSA monitoring reports, and feedback from VR clients, 
applicants, and other key stakeholders;
    (ii) Development of the individual CAP programs' strategic goals 
and action plans (including their particular training or technical 
assistance needs, based on their identified State VR program 
challenges, needs, and opportunities; and
    (iii) Strategic outreach and engagement with State VR agencies, the 
SRC, and workforce development partners, among others.
    (d) Resource management
    (i) Budgeting and financial oversight practices in support of 
strategic goals and objectives, consistent with Generally Accepted 
Accounting Practices; and
    (ii) Uniform Administrative Requirements, Cost Principles, and 
Audit Requirements for Federal Awards, at 2 CFR part 200, pertinent to 
CAP and VR program operations.
    (2) Comprehensive plan for the delivery of training and technical 
assistance on the required subject areas and topics. The plan must 
describe the following:
    (a) Subject areas and topics, specifically, how they will be 
prioritized and made available in the initial year and subsequent years 
of the project;
    (b) Training activities, consisting of both established training 
modules and ad hoc training responsive to emerging circumstances or 
trends;
    (c) Technical assistance, consisting of individualized information 
on identified subject areas and topics, as well as consultation on 
options for applying existing law, regulations, and RSA-issued guidance 
to specific factual circumstances that arise in the course of CAP 
professionals' individual or systems advocacy efforts;
    (d) Training and technical assistance curricula, materials, and 
tools, which may include resources developed by RSA VR technical 
assistance centers and demonstration projects, available at the 
National Clearinghouse of Rehabilitation Training Materials;
    (e) Information delivery methods, including in-person and virtual 
activities, communities of practice, social media, and searchable 
databases; and
    (f) State-of-the-art communication tools and platforms, including 
an interactive project website, distance learning and convening 
technologies, and searchable databases.
    The training and technical assistance plan must be based on a 
comprehensive review of CAP professionals' needs with respect to the 
required subject areas and topics outlined above. The comprehensive 
needs assessment may comprise reviews of the RSA-227, Unified or 
Combined State Plans, and RSA State monitoring reports as well as 
questionnaires, surveys, and interviews with CAP professionals and key 
stakeholders, among others.
    (3) Quality control processes to ensure that training and technical 
assistance activities and materials are updated to reflect the 
statutory and regulatory changes in the Rehabilitation Act as amended 
by title IV of WIOA, the RSA policy guidance updates, and future 
reauthorizations of the Rehabilitation Act;
    (4) Coordination with and leveraging the resources of RSA's 
vocational rehabilitation technical assistance centers and other 
Federal or non-Federal programs, including the recently funded RSA 
technical assistance centers on Quality Employment and Quality 
Management and the National Technical Assistance Center on Transition, 
in the development of CAP Training project activities, curriculum, 
materials, and tools;
    (5) Coordination with the entity providing training and technical 
assistance to the Protection and Advocacy of Individual Rights program, 
consistent with section 509 of the Rehabilitation Act; and
    (6) Project evaluation based on performance measures to be 
established in the notice inviting applications, consistent with the 
Government Performance and Results Act.
    CAP Training performance will be assessed based on the following 
considerations:
    (a) Quality, relevance, and usefulness of the training and 
technical assistance;
    (b) Trends in pertinent CAP program services, including individual 
and systems advocacy; and
    (c) Relationship between the observed CAP services trends and the 
training and technical assistance provided under this priority.
    The performance assessment will be based on a variety of 
quantitative and qualitative data sources, including, but not limited 
to:
    (a) RSA-227;
    (b) Pre- and post-training assessments;
    (c) Questionnaires, surveys, and focus groups;
    (d) Success stories; and
    (e) Peer reviews.
    The foregoing performance considerations and data sources must be 
incorporated in a comprehensive evaluation plan. The evaluation plan 
will include a logic model that outlines the proposed project 
activities, outputs, outcomes, baselines, and targets. The plan also 
will describe how the evaluation results will be used to promote 
continuous program improvement throughout the grant's period of 
performance.

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)(a)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    Final Priority: We will announce the final priority in a notice in 
the Federal Register. We will determine the final priority after 
considering responses to the proposed priority and other information 
available to the Department. This document does not preclude us from 
proposing additional priorities, requirements, definitions, or 
selection criteria, subject to meeting applicable rulemaking 
requirements.

[[Page 10217]]

    Note: This notice does not solicit applications. In any year in 
which we choose to use this priority, we invite applications through a 
notice in the Federal Register.

Executive Orders 12866, 13563, and 13771

Regulatory Impact Analysis

    Under Executive Order 12866, the Office of Management and Budget 
(OMB) determines whether this regulatory action is ``significant'' and, 
therefore, subject to the requirements of the Executive order and 
subject to review by OMB. Section 3(f) of Executive Order 12866 defines 
a ``significant regulatory action'' as an action likely to result in a 
rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
Tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    OMB has determined that this proposed regulatory action is not a 
significant regulatory action subject to review by OMB under section 
3(f) of Executive Order 12866.
    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 2021, any new incremental costs associated 
with a new rule must be fully offset by the elimination of existing 
costs through deregulatory actions. However, Executive Order 13771 does 
not apply to ``transfer rules'' that cause only income transfers 
between taxpayers and program beneficiaries, such as those regarding 
discretionary grant programs. Because the proposed priority would be 
used in connection with a discretionary grant program, Executive Order 
13771 does not apply.
    We have also reviewed this proposed regulatory action under 
Executive Order 13563, which supplements and explicitly reaffirms the 
principles, structures, and definitions governing regulatory review 
established in Executive Order 12866. To the extent permitted by law, 
Executive Order 13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The OMB Office of 
Information and Regulatory Affairs 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 proposed priority 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 have also determined that this regulatory action does not unduly 
interfere with State, local, and Tribal governments in the exercise of 
their governmental functions.
    In accordance with these Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities. 
The costs would include the time and effort in responding to the 
priority for entities that choose to respond.
    In addition, we have considered the potential benefits of this 
regulatory action and have noted these benefits in the Background 
section of this document. The benefits include receiving comments 
regarding the best way to provide training to CAP professionals.

Clarity of the Regulations

    Executive Order 12866 and the Presidential memorandum ``Plain 
Language in Government Writing'' require each agency to write 
regulations that are easy to understand. The Secretary invites comments 
on how to make these proposed priorities easier to understand, 
including answers to questions such as the following:
    <bullet> Are the requirements in the proposed regulations clearly 
stated?
    <bullet> Do the proposed regulations contain technical terms or 
other wording that interferes with their clarity?
    <bullet> Does the format of the proposed regulations (grouping and 
order of sections, use of headings, paragraphing, etc.) aid or reduce 
their clarity?
    <bullet> Would the proposed regulations be easier to understand if 
we divided them into more (but shorter) sections?
    <bullet> Could the description of the proposed regulations in the 
SUPPLEMENTARY INFORMATION section of the preamble be more helpful in 
making the proposed regulations easier to understand? If so, how?
    <bullet> What else could we do to make the proposed regulations 
easier to understand?
    To send any comments that concern how the Department could make 
these proposed regulations easier to understand, see the instructions 
in the ADDRESSES section.
    Regulatory Flexibility Act Certification: The Secretary certifies 
that this proposed regulatory action would not have a significant 
economic impact on a substantial number of small entities. The U.S. 
Small Business Administration Size Standards define 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

[[Page 10218]]

government overseeing a population below 50,000.
    The small entities that this proposed regulatory action would 
affect are public or private nonprofit agencies and organizations, 
including Indian Tribes and institutions of higher education, that may 
apply. We believe that the costs imposed on an applicant by the 
proposed priority would be limited to paperwork burden related to 
preparing an application and that the benefits of this proposed 
priority would outweigh any costs incurred by the applicant. There are 
very few entities who could provide the type of training and technical 
assistance required under the proposed priority. For these reasons, the 
proposed priority would not impose a burden on a significant number of 
small entities.
    Paperwork Reduction Act of 1995: The proposed priority contains 
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 385. 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.

Assessment of Educational Impact

    In accordance with section 411 of the General Education Provisions 
Act, 20 U.S.C. 1221e-4, the Secretary particularly requests comments on 
whether these proposed regulations would require transmission of 
information that any other agency or authority of the United States 
gathers or makes available.
    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document and a copy of the application package in an 
accessible format. The Department will provide the requestor with an 
accessible format that may include Rich Text Format (RTF) or text 
format (txt), a thumb drive, an MP3 file, braille, large print, 
audiotape, or compact disc, or other accessible format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at 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.

David Cantrell,
Deputy Commissioner, Office of Special Education Programs. Delegated 
the authority to perform the functions and duties of the Assistant 
Secretary for the Office of Special Education and Rehabilitative 
Services.
[FR Doc. 2021-03422 Filed 2-18-21; 8:45 am]
BILLING CODE 4000-01-P


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