1

OMB 83-1 PAPERWORK REDUCTION ACT

SUPPORTING STATEMENT

A. Justification

1. Explain the circumstances that make the collection of information necessary. 

Identify any legal or administrative requirements that necessitate the collection. 

Attach a copy of the appropriate section of each statute and regulation mandating 

or authorizing the collection of information.

Sections 101(a) and 606 of the Rehabilitation Act of 1973 (Act) require each state agency

designated to administer the State Vocational Rehabilitation (VR) Services program and 

the State Supported Employment Services program to submit a State Plan for VR services 

and a Supplement for supported employment services. The approved State Plan and 

supported employment supplement form the basis upon which a State participates in 

programs under Title I and Title VI of the Act and receives Federal funds. Section 101(a)

of the Act, as amended by the Workforce Innovation and Opportunity Act (WIOA), adds

new content requirements to the State plan, which is now to be submitted as the

vocational rehabilitation services portion of the Unified or Combined State Plan under

section 102 or 103 of title I of WIOA. Consequently, proposed §§361.10, 361.18,

361.24, 361.29, and 361.36, along with proposed §§363.10 and 363.11, would cause

substantive changes to the active and OMB-approved data collection under 1820-0500

(VR State Plan). In addition, the VR State Plan form includes previously approved

information collection requirements related to a number of current regulations that remain

unchanged as a result of the amendments to the Act. There are also several proposed

regulations related to this data collection that necessitate primarily conforming or

technical changes to the form. These current and proposed sections that contain already

approved information collection requirements or that do not cause substantive changes to

the form include: §§361.12, 361.13, 361.15, 361.16, 361.17, 361.19, 361.20, 361.21,

361.22, 361.23, 361.25, 361.26, 361.27, 361.30, 361.31, 361.34, 361.35, 361.37, 361.40,

361.46, 361.51, 361.52, 361.53, and 361.55.

As a result of the amendments to section 101(a) of the Act made by WIOA, proposed

§361.10 would require VR agencies to submit the VR services portion of the Unified or

Combined State Plan to be eligible to receive Federal VR program funds. Proposed

§361.18 would require the VR services portion of the Unified or Combined State Plan to

describe the procedures and activities the State agency will take to ensure it employs

qualified rehabilitation personnel, including the minimum academic and experience

requirements as amended by WIOA. In addition, Proposed §361.24 would require the

VR services portion of the Unified or Combined State Plan to describe the VR agency’s

coordination and collaboration with a number of agencies, organizations and entities not

previously included in the plan. Specifically, this proposed regulation would require VR

agencies to describe their coordination with employers to increase awareness and

employment opportunities for individuals with disabilities, as well as coordination with
2

non-educational agencies serving out-of-school youth, and the lead agency and

implementing entity for the coordination of activities available under section 4 of the

Assistive Technology Act of 1998. Proposed §361.24 also would require VR agencies to

describe in the plan, their collaboration with the State agency responsible for

administering the State Medicaid plan under title XIX of the Social Security Act, agencies

providing services and supports for individuals with developmental disabilities, and the

State agency responsible for providing mental health services, to develop opportunities

for community-based employment in integrated settings, to the greatest extent practicable.

Proposed §361.29 would require VR agencies to include in the VR services portion of

the Unified or Combined State Plan the results of the comprehensive statewide

assessment regarding the needs of students and youth with disabilities for preemployment transition services and other transition services. Additionally, the proposed

regulation would require the plan to include an estimate of the number of eligible

individuals who are not receiving VR services due to the implementation of an order of

selection. Furthermore, proposed §361.29 would require the plan to contain strategies to

improve VR services for students and youth with disabilities, to address their needs as

identified through the statewide needs assessment, and to provide pre-employment

transition services. Finally, proposed §361.36 would require VR agencies implementing

an order of selection to indicate in the plan if they elect to provide services or equipment

to individuals with disabilities to enable them to maintain employment, regardless of

whether these individuals are receiving services under the order.

Section 606 of the Act, as amended by WIOA, and proposed regulations in part 363

governing the State Supported Employment Services program necessitate changes to the

supported employment supplement. Proposed §363.10 would require the State to submit

with the VR services portion of the Unified or Combined State Plan a supplement that

meets the requirements of the Act as amended by WIOA and proposed §363.11 to receive

a grant under the State Supported Employment Services program. Proposed §363.11

would require the VR services portion of the Unified or Combined State Plan to describe

the quality, scope, and extent of supported employment services to eligible individuals

(including youth with the most significant disabilities), the State’s goals and priorities

with respect to the distribution of funds received under the program, the provision of

extended services to youth with the most significant disabilities for a period not to exceed

four years, and an assurance to expend no more than 2.5 percent of the supported

employment award for administrative costs.

The VR services portion of the Unified or Combined State Plan and its Supported 

Employment Supplement are also affected by the general requirements for all State Plans 

under the Education Department General Administrative Regulations (EDGAR) in 2 CFR 

part 200 (as adopted and amended in 2 CFR part 3474), 2 CFR 3485 (Nonprocurement 

Debarment and Suspension), 34 CFR parts 76, 77, 79, 81, and 82, regarding such issues 

as civil rights, administration of rights, and certification of authority to submit the State 

Plan and official signatures. 
3

Note that this Supporting Statement contains information pertaining only to the VR 

services portion of the Unified or Combined State Plan and its Supplement. The 

Department of Education has published this Supporting Statement for the purpose of 

receiving comment on the burden estimated to be experienced by VR agencies in the 

development of the VR services portion of the plan only. The Departments of Education 

and Labor have jointly developed an information collection request for the Unified or 

Combined State Plan, which incorporates the format for the VR services portion of the 

plan. This information collection request is available for comment elsewhere in this issue 

of the Federal Register.

2. Indicate how, by whom, and for what purpose the information is to be used. Except 

for a new collection, indicate the actual use the agency has made of the information 

received from the current collection.

An approved VR services portion of the Unified or Combined State Plan, including the 

supported employment supplement, is a condition for the receipt of Federal funds under 

Title I and Title VI of the Act, as amended by WIOA. If a State does not submit an 

approvable VR services portion of the Unified or Combined State Plan, the allotment of 

Federal funds to the State for operating its VR and Supported Employment programs 

could be interrupted. Prior to the enactment of WIOA, the VR State Plan and its 

supported employment supplement were submitted annually. Following the enactment of 

WIOA, States only need to submit the VR services portion of the unified or combined 

plan once every four years with updates provided after the second year. 

The VR services portion of the Unified or Combined State Plan and its supported 

employment supplement contain important information used by the Rehabilitation 

Services Administration (RSA) when assessing a VR agency's effectiveness in achieving

its goals and priorities for the VR and Supported Employment programs, and its 

compliance with the provisions of the Act and program regulations.

3. Describe whether, and to what extent, the collection of information involves the use 

of automated, electronic, mechanical, or other technological collection techniques or 

other forms of information technology, e.g., permitting electronic submission of 

responses, and the basis for the decision for adopting this means of collection. Also, 

describe any consideration of using information technology to reduce burden. 

Beginning in FY 2009, states have been able to submit their State Plans through the RSA 

website located at http://rsa.ed.gov. Since FY 2011, all 80 VR agencies submitted their 

State Plans through the RSA website. Upon enactment of WIOA, VR agencies must 

submit the State Plan as the VR services portion of the unified or combined State plan. 

For further information regarding methods for the submission of the Unified or Combined 

State Plan, see the information collection request jointly prepared by the Departments of 

Education and Labor and published for comment elsewhere in this issue of the Federal 

Register.
4

4. Describe efforts to identify duplication. Show specifically why any similar 

information already available cannot be used or modified for use for the purposes 

described in item 2 above. 

The information contained in the VR services portion of the unified or combined State 

Plan and its supported employment supplement is not available in any other format or 

from any other source.

5. If the collection of information impacts small businesses or other small entities (Part 

II item 8 of new OMB Form 83-I), describe any methods used to minimize burden.

This collection of information has no impact on small businesses or other small entities. 

All respondents are State government agencies.

6. Describe the consequence to Federal program or policy activities if the collection is 

not conducted or is conducted less frequently, as well as any technical or legal 

obstacles to reducing burden.

Sections 101 and 606 of the Act, as amended by WIOA, and proposed regulations in 

§§361.10 and 363.10, respectively, require VR agencies to submit for approval by the 

Department the VR services portion of the unified or combined State Plan and the 

supported employment supplement as a condition for the receipt of Federal VR and 

supported employment program funds. Pursuant to sections 102 and 103 of WIOA, the 

VR services portion and supported employment supplement must be submitted as part of 

the Unified or Combined State Plan once every four years, with modifications to be made 

every two years. The Department reviews State Plan materials as a primary method for 

determining if VR agencies are conforming to the requirements of the Act, and if they are 

achieving stated performance goals and priorities. The VR services portion of the unified 

or combined State Plan and the supported employment supplement contain legal 

assurances from VR agencies that they will operate and administer the VR and Supported 

Employment programs in accordance with the provisions of the Act and implementing 

regulations.

The Act also requires the Department to conduct annual monitoring of certain State Plan 

provisions as well as periodic on-site monitoring to determine the extent to which States 

implement the assurances that they make in the State Plans and supplements. The 

information provided to the Department by the State VR agencies in their State Plans is 

critical to these monitoring efforts and determining compliance with the requirements of 

the Rehabilitation Act, and meeting stated performance goals and priorities. 

7. Explain any special circumstance that would cause an information collection to be 

conducted in a manner:
5

 requiring respondents to report information to the

agency more often than quarterly;

 requiring respondents to prepare a written response to

a collection of information in fewer than 30 days after receipt of it;

 requiring respondents to submit more than an original

and two copies of any document;

 requiring respondents to retain records, other than

health, medical, government contract, grant-in-aid, or

tax records for more than three years;

 in connection with a statistical survey, that is not 

designed to produce valid and reliable results that can

be generalized to the universe of study;

 requiring the use of a statistical data classification

that has not been reviewed and approved by OMB;

 that includes a pledge of confidentiality that is not

supported by authority established in statute or

regulation, that is not supported by disclosure and

data security policies that are consistent with the

pledge, or which unnecessarily impedes sharing of data

with other agencies for compatible confidential use; or

 requiring respondents to submit proprietary trade

secret, or other confidential information unless the

agency can demonstrate that it has instituted

procedures to protect the information's confidentiality

to the extent permitted by law. 

There are no special circumstances that require the collection of information to be 

conducted as described in the bulleted items above. 

8. If applicable, provide a copy and identify the date and page number of publication 

in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), 

soliciting comments on the information collection prior to submission to OMB. 

Summarize public comments received in response to that notice and describe actions 

taken by the agency in response to these comments. Specifically address comments 

received on cost and hour burden.
6

Describe efforts to consult with persons out-side the agency to obtain their views on 

the availability of data, frequency of collection, the clarity of instruction and record

keeping, disclosure, or reporting format (if any), and on the data elements to be 

recorded, disclosed, or reported. Consultation with representatives of those from 

whom information is to be obtained or those who must compile records should 

occur at least once every 3 years - even if the collection of information activity is the 

same as in prior periods. There may be circumstances that may preclude 

consultation in a specific situation. These circumstances should be explained. 

RSA obtained input from the VR agencies concerning the current version of the State 

Plan, including the hours estimated to develop and submit the Plan through the RSA 

website, when it was approved by OMB in FY 2009. Since that time, RSA has regularly

received feedback from VR agencies and its staff concerning the online submission 

process begun in FY 2009 and has made adjustments to the online system based on this 

input. In addition, RSA routinely consults with the Council of State Administrators of 

Vocational Rehabilitation (CSAVR) regarding the collection of information, such as that 

represented by the State Plan. Specifically, RSA staff participate in meetings of the 

CSAVR Management Services Committee to discuss, among other matters, the various 

information and data collection instruments used to manage the VR and Supported 

Employment programs. During the meetings held in spring and fall of 2014, the 

Committee did not recommend any changes to the State Plan form or the online system.

A notice containing the Unified or Combined State Plan required by sections 102 and 103 

of WIOA, of which the VR services portion and supported employment supplement must 

be a part, is published for comment elsewhere in this issue of the Federal Register.

9. Explain any decision to provide any payment or gift to respondents, other than 

remuneration of contractors or grantees.

There is no payment or gift to respondents related to this information collection.

10. Describe any assurance of confidentiality provided to respondents and the basis for

the assurance in statute, regulation, or agency policy. 

Based upon the provisions of 34 CFR 361.38, the state VR agency or, as appropriate, the 

designated state VR unit, must maintain policies and procedures on the protection, use, 

and release of personal information consistent with the provisions of Section 

101(a)(6)(A) of the Act. Confidentiality is further assured since all information collected 

within the VR services portion of the Unified or Combined State Plan and the supported 

employment supplement is aggregated data.

11. Provide additional justification for any questions of a sensitive nature, such as 

sexual behavior and attitudes, religious beliefs, and other matters that are 

commonly considered private. This justification should include the reasons why the 
7

agency considers the questions necessary; the specific uses to be made of the 

information, the explanation to be given to persons from whom the information is 

requested, and any steps to be taken to obtain their consent. 

There are no questions of a sensitive nature in the information collection connected with 

the VR services portion of the Unified or Combined State Plan or its supported 

employment supplement.

12. Provide estimates of the hour burden of the collection of information. The

statement should: 

 Indicate the number of respondents, frequency of response, annual hour 

burden, and an explanation of how the burden was estimated. Unless 

directed to do so, agencies should not conduct special surveys to obtain 

information on which to base hour burden estimates. Consultation with a 

sample (fewer than ten) of potential respondents is desirable. If the hour 

burden on respondents is expected to vary widely because of differences in 

activity, size, or complexity, show the range of estimated hour burden and 

explain the reasons for the variance. Generally, estimates should not include 

burden hours for customary and usual business practices. 

 If this request for approval covers more than one form, provide separate 

hour burden estimates for each form and aggregate the hour burdens in item 

16 of new OMB Form 83-I. 

 Provide estimates of annualized cost to respondents for the hour burdens for 

collections of information, identifying and using appropriate wage rate 

categories. The cost of contracting out or paying outside parties for 

information collection activities should not be included here. Instead, this 

cost should be included in item 14.

The below table describes the estimated burden the 80 VR agencies would experience for 

the development of the VR services portion of the Unified or Combined State Plan and 

supported employment supplement only, and not the burden experienced by these 

respondents in connection with the preparation and submission of the Unified or 

Combined State Plan as a whole. An information collection request for the Unified or 

Combined State Plan, which incorporates the VR services portion of the plan and 

supported employment supplement, has been jointly developed by the Departments of 

Education and Labor and is published for comment elsewhere in this issue of the Federal 

Register.

(1) Number of state agencies submitting Plans: 80
8

(2) Total burden hours: 2,400

(3) State hourly rate of salary: $39.78

(4) Total State cost: $95,472

13. Provide an estimate of the total annual cost burden to respondents or record 

keepers resulting from the collection of information. (Do not include the cost of any 

hour burden shown in items 12 and 14.) 

 The cost estimate should be split into two components: (a) the total capital 

and start-up cost component (annualized over its expected useful life); and 

(b) a total operation and maintenance and purchase of services component. 

The estimates should take into account costs associated with generating, 

maintaining, and disclosing or providing the information. Include 

descriptions of methods used to estimate major cost factors including system 

and technology acquisition, expected useful life of capital equipment, the 

discount rate(s), and the time period over which costs will be incurred. 

Capital and start-up costs include, among other items, preparations for 

collecting information such as purchasing computers and software; 

monitoring, sampling, drilling and testing equipment; and record storage 

facilities:

 If cost estimates are expected to vary widely, agencies should present ranges 

of cost burdens and explain the reasons for the variance. The cost of 

purchasing of contracting out information collection services should be a 

part of this cost burden estimate. In developing cost burden estimates, 

agencies may consult with a sample of respondents (fewer than 10), utilize 

the 60-day pre-OMB submission public comment process and use existing 

economic or regulatory impact analysis associated with the rulemaking 

containing the information collection, as appropriate.

 Generally, estimates should not include purchases of equipment or services, 

or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve 

regulatory compliance with requirements not associated with the information 

collection, (3) for reasons other than to provide information or keep records 

for the government, or (4) as part of customary and usual business or private 

practices. 

No burden has been imposed by a total capital and start-up cost component or by a total 

operation and maintenance and purchase of services component. 
9

14. Provide estimates of annualized cost to the Federal government. Also, provide a 

description of the method used to estimate cost, which should include quantification 

of hours, operational expenses (such as equipment, overhead, printing, and support 

staff), and any other expense that would not have been incurred without this 

collection of information. Agencies also may aggregate cost estimates from items 12, 

13, and 14 in a single table. 

(1) Review of 80 State Plans estimated at 4 hours per plan = 320 hours (This estimate 

does not include time needed by the Department for negotiations.) 

(2) Federal hourly rate of salary: $49.00

(3) Total federal cost: 320 hours for review x $49.00 = $15,680.00

15. Explain the reasons for any program changes or adjustments reported in item 16 of 

the new OMB Form 83-I.

The proposed regulations and other adjustments would change the current OMBapproved annual aggregate burden of 1,002,000 hours at $22.00 per hour and estimated

total annual costs of $22,044,000.00 for all 80 respondents. The currently OMBapproved estimated annual burden of 1,002,000 hours for all 80 VR agencies includes a

total of 2,000 hours (25 hours per agency) for the preparation and submission of the VR

State Plan and a total of 1,000,000 hours (12,500 hours per agency) for record keeping

associated with the case management of the individuals who apply for and receive

services from the VR program, and Supported Employment program. However, we have

determined that the time associated with this record keeping (1,000,000 hours annually

for all 80 respondents) is part of the customary and usual business practices carried out by

VR agencies, and thus, should not be included in the estimated annual burden for this

form.

In addition, the regulations proposed under parts 361 and 363 would increase the time

needed by each VR agency to develop the VR services portion of the Unified or

Combined State Plan and the supported employment supplement from 25 to 30 hours

annually.

Finally, the total cost of this data collection would increase due to the proposed

adjustment to the average hourly wage rate of State personnel used to estimate the annual

burden for this data collection from $22.00 to $39.78, so that wage rates are consistent

with data reported by the Bureau of Labor Statistics.

In summary, the new information collection estimate for the VR State plan reflects the

removal of the burden associated with the maintenance of case management records for

individuals served through the VR program and Supported Employment program,

adjustment of the average hourly wage rate for State VR personnel responsible for
10

preparing the VR State plan form, and the increase in the estimated number of hours

needed to develop this data collection due to proposed regulatory changes. As a result of

these adjustments, we estimate a total annual burden of 2,400 hours (30 hours for each of

the 80 respondents), at $39.78 per hour, for a total annual cost of $95,472.00.

16. For collections of information whose results will be published, outline plans for 

tabulation and publication. Address any complex analytical techniques that will be 

used. Provide the time schedule for the entire project, including beginning and 

ending dates of the collection of information, completion of report, publication 

dates, and other actions.

RSA has published the approved State Plans on its website annually based on the federal 

fiscal year. Following the enactment of WIOA, the VR services portion of the Unified or 

Combined State Plan and its supported employment supplement will be based on a 

program year, beginning July 1st and ending June 30th, in accordance with the following 

schedule: 

 Submission of VR services portion of the Unified or Combined State Plan by VR 

Agencies – March 2

nd

 Plans reviewed, revised as necessary and materials prepared for RSA 

Commissioner’s approval – June 1st

 All Unified or Combined State Plans approved and published - June 30th

17. If seeking approval to not display the expiration date for OMB approval of the 

information collection, explain the reason that display would be inappropriate. 

RSA is not seeking approval to not display the expiration date for OMB approval of the 

information collection. 

18. Explain each exception to the certification statement identified in, “Certification for 

Paperwork Reduction Act Submissions.”

There are no exceptions to the certification statement. 

B. Collection of Information Employing Statistical Methods

The VR services portion of the Unified or Combined State Plan and the supported 

employment supplement is a legal document and does not require the use of any statistical

methods in obtaining information.