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 Rehabil itation (VR) Services program and the State Supported Employ ment Services program to submit a State Plan for VR services and a S upplement for supported employ ment services. The approved State Plan and supported employ

ment supplement form the basis upon which a State participates in programs under Title I

and Title VIof 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, 36 1.34, 361.35, 361.37, 361.40, 361.46, 361.5 1, 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. P roposed § 361.18 would require the VR services portion of the Unified or C ombined State P lan 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 co llaboration 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 employ ment opportunities for individuals with disabilities, as well as coordination with2

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 Techno logy Act of 1998. P roposed § 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 servi ces and supports for individuals with developmental disabilities, and the State agency responsible for providing mental health services, to develop opportunities for community

-based employ ment in integrated settings, to the greatest extent practicable. P roposed § 361.29 would require VR agencies to include in the VR services portion of the Unified or C ombined State P lan the results of the comprehensive statewide assessment regarding the needs of students and youth with disabilities for pre employ ment 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 - employ ment 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 employ ment, 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 Employ ment Services program necessitate changes to the supported employ

ment su pplement

. Proposed § 363.10 would require the State to submit with the VR services portion of the Unified or C ombined State P lan 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 Employ ment Services program. Proposed § 363.11 would require the VR services portion of the Unified or C ombined State P lan to describe the quality, scope, and extent of supported employ ment 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 ye ars, and an assurance to expend no more than 2.5 percent of the supported employ ment award for administrative costs. The VR services portion of the Unified or C ombined State P lan and its Supported Employ ment S upplement are also affected by the general req

uirements 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 p arts 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 por tion 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 informatio n**  **receive d from the current collection.**  An approved VR services portion of the Unified or Combined State Plan , including the supported employ

ment supplement, is a condition for the receipt of F ederal funds under Title Iand Title VIof the Act , as amended by WIOA

. If a S tate does not submit an approvable VR services portion of the Unified or C ombined State P lan, the allotment of F ederal funds to the S tate for operating its VR and Supported Employ ment programs c ould be interrupted. Prior to the enactment of WIOA, the VR State Plan and its supported employ

ment supplement were submitted annually

. Following the enactment of WIOA, States only

need to submit the VR services portion of the unified or combined p lan once every

four years with updates provided after the second year
. The VR services portion of the Unified or C ombined State P lan and its supported employ ment supplement contain important information used by the Rehabilitation Services Administration (RSA) when assess ing a VR agency's effectiveness in achieving its goals and priorities for the VR and Supported Employ ment 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 automa ted, 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 a ny consideration of using information technology to reduce burden.**  Beginning in FY 2009, states have been able to submit their State Plan s 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 employ ment 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 condu cted 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 Dep artment the VR services portion of the unified or combined State Plan and the supported employ

ment supplement as a condition for the receipt of F ederal VR and supported employ

ment program funds. Pursuant to sections 102 and 103 of WIOA, the VR services portion and supported employ ment 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 employ ment supplement contain legal assurance s from VR agenc ies that they will operate and administer the VR and Supported Employ ment 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 S tates implement the assurances that they make in the State Plans and supplement s
. The information provided to the Department by the S tate VR agencies in their State Plans is critical to these monitoring efforts and determining complianc e 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 respondent s to report information to the**  **agency more often than quarterly;**

 **requiring respondents to prepare a written response to a collection of informatio**  **n in fewer than 30 days after receipt of it;** 

 **requiring re spondents 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 s urvey, 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 confiden tiality 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 comp atible 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 permitte d 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 Reg ister 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. Inaddition, RSA routinely consults with the Council of State Administrators of Vocational Rehabilitation (CS AVR) 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 collecti on instruments used to manage the VR and Supported Employ ment programs. During the meetings held in spring and f all of 201 4 , 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 employ ment 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 pay

ment 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 C ombined State P lan and the supported employ ment 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 que stions of a sensitive nature in the information collection connected with the VR services portion of the Unified or Combined State Plan or its supported employ ment supplement.
**12. Provide estimates of the hour burden of the collection of information. The**  **statement should:**

 **I ndicate 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 t o 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 estim ated 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 f**  **or 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 co**  **ntracting 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 employ

ment 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 employ

ment supplement, has been jointly developed by

the Departments of Education and Labor and is publ ished for comment elsewhere in this issue of the Federal Register

. (1) Number of state agencies submitting Plans: 808

(2) Total burden hours: 2, 4 00 (3) State hourly

rate of salary : $ 3 9

. 78 (4) Total State cost: $ 95 , 472
**13. Provide an estimate of th**  **e 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 capit al**  **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 o r 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 inc urred.**  **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 ex pected 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 bu rden 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 informatio**  **n 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, operation**  **al 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 OMB

approved 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 OMB

approved 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 Employ ment 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 C ombined State P lan and the supported employ ment 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 $3 9.78, 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 Employ ment program, adjustment of the average hourly wage rate for State VR personnel responsible for10

preparing the VR State plan form, and the increase in the estimated number of hours nee ded 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 en**  **ding dates of the collection of information, completion of report, publication dates, and other actions.** 
RSA has pub lished 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 C ombined State P lan and its supported employ ment supplement will be based on a program year, beginning July 1 st and ending June 30 th , in accordance with the following schedule :

 Submission of VR services portion of the Unified or C ombined State P lan by VR Agencies

– March 2 nd

 Plans reviewed , revised as necessary and materials prepared for RSA Commissioner’s approval

– June 1 st

 All Unified or C ombined State P lans a pprov ed and published

- June 30 th
**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 a

pproval to not display

the expiration date for OMB approval of the information collection.
**18. Exp**  **lain 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 service s portion of the Unified or C ombined State P lan and the supported employ ment supplement is a legal document and does not require the use of any statistical methods in obtaining information.