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[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Rules and Regulations]
[Pages 66271-66276]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26500]

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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[CFDA Number: 84.129B]

Final Priority; Rehabilitation Training: Rehabilitation Long-Term 
Training Program--Vocational Rehabilitation Counseling

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

ACTION: Final priority.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services announces a priority under the Rehabilitation 
Training: Rehabilitation Long-Term Training program. The Assistant 
Secretary may use this priority for competitions in fiscal year (FY) 
2014 and later years. We take this action to focus on training in an 
area of national need. This priority is designed to ensure that 
consumers of State Vocational Rehabilitation (VR) services have access 
to qualified rehabilitation counselors who are prepared to adequately 
address their employment needs and goals. Therefore, the Department 
intends to fund comprehensive VR counseling programs that meet rigorous 
standards and provide scholars with a breadth of knowledge and training 
to meet the current challenges facing consumers and State VR agencies 
and related agencies.

DATES: Effective Date: This priority is effective December 5, 2013.

FOR FURTHER INFORMATION CONTACT: RoseAnn Ashby, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5055, Potomac Center Plaza 
(PCP), Washington, DC 20202-2800. Telephone: (202) 245-7258 or by 
email: roseann.ashby@ed.gov.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:
    Purpose of Program: The Rehabilitation Long-Term Training

[[Page 66272]]

program provides financial assistance for--
    (1) Projects that provide basic or advanced training leading to an 
academic degree in areas of personnel shortages in rehabilitation as 
identified by the Secretary;
    (2) Projects that provide a specified series of courses or program 
of study leading to the award of a certificate in areas of personnel 
shortages in rehabilitation as identified by the Secretary; and
    (3) Projects that provide support for medical residents enrolled in 
residency training programs in the specialty of physical medicine and 
rehabilitation.
    Program Authority: 29 U.S.C. 772(b).
    Applicable Program Regulations: 34 CFR parts 385 and 386.
    We published a notice of proposed priority for this competition in 
the Federal Register on June 14, 2013 (78 FR 35808). That notice 
contained background information and our reasons for proposing this 
particular priority. There are significant differences between the 
proposed priority and the final priority, and we fully explain these 
differences in the Analysis of Comments and Changes section of this 
notice.
    Public Comment: In response to our invitation in the notice of 
proposed priority, 31 parties submitted comments on the proposed 
priority.
    Generally, we do not address technical and other minor changes. In 
addition, we do not address comments that raised concerns not directly 
related to the proposed priority.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priority since publication of the notice of 
proposed priority follows.
    Comment: A number of commenters proposed that, rather than funding 
solely master's degree programs in VR counseling, the Department 
instead fund programs in specialty areas.
    For example, almost half of the commenters requested that the 
Department develop a priority to fund programs leading to a master's 
degree or a certificate in vocational evaluation. They explained that 
an individual able to conduct a thorough vocational assessment that 
truly captures the strengths, abilities, and capabilities of an 
individual with a disability is critical to the rehabilitation process. 
They also stated that a competent vocational evaluator is familiar with 
what is required to obtain employment in today's economy and that such 
information is invaluable in assisting individuals with disabilities to 
achieve quality employment outcomes. The commenters also noted that 
relying on the knowledge and expertise of rehabilitation personnel, 
such as vocational evaluators, rehabilitation technologists, and 
customized employment specialists, helps to ease growing workloads and 
large caseload burdens for VR counselors. Similarly, one commenter 
expressed concern that the proposed priority focused only on a master's 
degree in VR counseling and failed to acknowledge the specialty of job 
placement and job development. This commenter asserted that individuals 
skilled in this specialty area would gain knowledge critical in 
assisting individuals to achieve employment in today's economy.
    In addition, one commenter expressed concern about the priority's 
focus on programs that lead to a master's degree in VR counseling 
because there are few programs that focus on the deaf and hard-of-
hearing population. This commenter discussed the value that a 
certificate program has for rehabilitation professionals focusing on 
this population.
    Discussion: The Department decided to focus this priority solely on 
master's degree programs in VR counseling, because individuals with 
this background will gain a breadth of knowledge and experience that 
will adequately prepare them to meet the employment needs and goals of 
VR consumers. This focus will also allow scholars to compete for jobs 
in a variety of employment settings that fulfill the payback obligation 
and will help to address personnel shortages in the field of vocational 
rehabilitation. The curriculum leading to this degree covers counseling 
skills, the medical and psychological aspects of disabilities, and the 
rehabilitation process from assessment through job placement. These 
programs also have practicum and internship components. The master's 
degree in VR counseling is the degree that many State VR agencies 
require for ``qualified rehabilitation counselors.'' We recognize that 
VR professionals with degrees and certificates in other specialty areas 
(e.g., vocational evaluation, job placement and job development, 
rehabilitation of the deaf) are an important component in strengthening 
State VR agencies and the quality of services they provide to their 
clients. However, we also recognize that grants in one or more of these 
fields may attract fewer program participants, and the employment 
opportunities of program graduates in these fields would be more 
limited than those completing a broader VR counseling program. For 
these reasons and because there is a significant shortage in qualified 
VR counselors, for purposes of this grant priority, we believe it is 
justifiable to maintain a strong focus on programs that lead to a 
master's degree in VR counseling.
    Changes: None.
    Comment: Several commenters suggested that the final priority be 
expanded to include doctoral programs. One of these commenters 
indicated that, in order to address the personnel shortage of VR 
counselors, professors and instructional staff will need the knowledge 
and skills to train students seeking master's degrees in accordance 
with the specifications listed in the proposed priority. The commenter 
asserted that, if one master's degree student receives training grant 
support, one VR counselor will be produced, whereas if one doctoral 
student is supported who goes on to a university training program 
position, he or she will contribute substantially to training many VR 
counselors, thus making a significant contribution to addressing the 
shortage of qualified VR counselors.
    Discussion: The Department agrees that a key element in addressing 
the shortage of VR counselors is ensuring that professors and 
instructional staff have the necessary knowledge and skills to 
effectively train counselors. However, the increased costs associated 
with supporting students in doctoral training programs, as opposed to 
their counterparts in master's programs, would severely limit the 
Department's ability to address shortages of qualified State VR 
personnel in the short term. Given that many State VR agencies are 
currently unable to comply with their Comprehensive System of Personnel 
Development (CSPD) requirements, it would not now be appropriate to 
further restrict the numbers of newly qualified VR counselors entering 
the field. Some State VR agencies are forced to hire individuals with 
bachelor's degrees to fill vacant positions and ultimately incur 
greater costs as these individuals require additional training to meet 
the CSPD requirements. Therefore, the Department believes that, at this 
time, supporting doctoral candidates under this priority would only 
further limit the numbers of newly qualified VR counselors entering the 
field and increase costs for State VR agencies.
    Changes: None.
    Comment: A number of commenters suggested that paragraph (b)(1) of 
the final priority should include an emphasis on essential competencies 
for today's rehabilitation counselors. Specifically, some of these 
commenters indicated the importance of competencies such as advanced 
counseling skills and skills in critical thinking and collaborative 
relationships.

[[Page 66273]]

    Discussion: The Department believes that the curriculum should be 
aligned with competency-based skills in order to prepare counselors to 
meet the employment needs and goals of VR consumers. The Department 
agrees that the skills listed by the commenters are important skills 
for a VR counselor and that the curriculum should help scholars develop 
those skills. However, advanced counseling skills and skills in 
critical thinking and collaborative relationships are simply examples 
of competency-based skills. Applicants are free to propose these and 
other competency-based skills in the curriculum in order to advance the 
skill set of prospective counselors.
    Changes: We have revised paragraph (b)(1) of the priority to 
include the skills the commenters suggested as examples of competency-
based skills that may be developed through the curriculum.
    Comment: A few commenters asked that the Department expand 
paragraph (b)(2) of the proposed priority to include preparing scholars 
for the Commission on Rehabilitation Counselor certification (CRCC) 
exam.
    Discussion: The Department understands that scholars completing a 
master's degree in VR counseling may wish to sit for the CRCC exam, as 
this is a requirement for employment in some State VR agencies and 
elsewhere. Paragraph (b)(2) of the priority simply reinforces the 
responsibility of the VR counseling programs to meet all applicable 
certification standards. Nothing in this priority precludes applicants 
from adding or enhancing their curriculum to incorporate preparation 
for the CRCC exam.
    Changes: None.
    Comment: Nearly one-third of the commenters focused on paragraph 
(b)(4) of the proposed priority and teaching scholars to address the 
needs of individuals with a range of disabilities and individuals with 
disabilities who are from diverse cultural backgrounds. These 
commenters suggested encouraging a greater emphasis on preparing 
scholars to manage the unique challenges and aspects of working with 
specific populations, such as individuals with severe and persistent 
psychiatric disabilities, individuals with autism spectrum disorders, 
individuals who are deaf, individuals who are deaf-blind, veterans with 
disabilities, transition-aged youth, and individuals who have been 
involved in the criminal justice system.
    Discussion: The Department believes that it is important for the 
curriculum of a VR counseling program to address the unique challenges 
of working with individuals with a range of disabilities and 
individuals from diverse cultural backgrounds. Nothing in this priority 
precludes applicants from providing training on addressing the needs of 
the specific populations listed above. However, we are concerned that, 
by listing certain populations, the priority might give the impression 
that the applicant should focus only on these populations and not 
address the needs of others. Therefore, we believe the applicant should 
develop a curriculum that helps scholars understand the unique needs of 
individuals representing a wide range of disabilities and cultural 
backgrounds.
    Changes: None.
    Comment: Several commenters focused on paragraph (b)(5) of the 
proposed priority regarding assistive technology. A few of these 
commenters suggested that the curriculum must train scholars to assess 
the need for assistive technology throughout the VR process and in 
order to obtain and maintain competitive employment. One commenter 
indicated that the priority should recognize that assistive technology 
is a specialized, ever-changing field, and, as technology continues to 
expand, scholars will need training by assistive technology 
specialists.
    Discussion: The Department agrees that it is important for the 
curriculum to teach scholars to assess the needs of individuals with 
disabilities for assistive technology throughout the VR process, with 
particular emphasis on assessing their needs for assistive technology 
in helping them obtain and maintain competitive employment. The 
Department also acknowledges that assistive technology is ever-changing 
and consequently that ongoing training will be needed.
    Changes: We have revised paragraph (b)(5) of the priority to 
clarify that applicants must demonstrate how the proposed curriculum 
will expose scholars to the field of assistive technology and include 
training so that scholars can recognize the needs of individuals with 
disabilities for assistive technology throughout the rehabilitation 
process.
    Comment: One commenter proposed specific curriculum requirements 
for paragraph (b) of the priority. This commenter recommended adding 
requirements relating to: (1) The Commission on Rehabilitation 
Counselor Certification Code of Professional Ethics; (2) VR services to 
transition-age youth; (3) development of an individualized plan for 
employment, especially identification of a vocational goal and specific 
measurable objectives; (4) legislative provisions of the Workforce 
Investment Act, the Rehabilitation Act, as amended, and the Social 
Security Act and their accompanying regulations; (5) basic financial 
planning, including managing a budget; (6) consumer choice; (7) 
negotiation skills; (8) use of social and electronic media, especially 
as it relates to confidentiality and appropriateness of the use of the 
media; (9) exposure to the business perspective; (10) critical thinking 
and decision-making skills; and (11) data analysis.
    Discussion: The Department agrees that the curriculum requirements 
suggested by the commenter would support paragraph (b) of the priority. 
However, this is not an exhaustive list of elements that could be 
included in the curriculum. We want to be clear that they are simply 
examples of elements of the curriculum that applicants must describe in 
their applications. The applicants are free to propose additional 
curriculum requirements to ensure that scholars are prepared to 
effectively meet the needs and demands of consumers with disabilities 
and employers.
    Changes: None.
    Comment: Almost half of the commenters expressed concern about the 
requirement in paragraph (c)(5) of the proposed priority that 
applicants must ensure that scholars complete an internship in a State 
VR agency as a requirement for program completion. A number of these 
commenters were concerned that State VR agencies would not be able to 
make a sufficient number of internships available for scholars funded 
through this program. Several of the commenters stated that restricting 
internships to State VR agencies, as opposed to related, community-
based agencies, unnecessarily limits the experiences scholars can gain. 
A few of these commenters were also concerned that individuals in the 
program who are employed full-time would find it difficult to fulfill 
the requirement to participate in an internship.
    Discussion: The Department believes that a required internship at a 
State VR agency or a related agency serves as a valuable learning 
experience for scholars so that they can apply classroom knowledge in a 
work-related setting, identify their strengths and weaknesses as 
prospective rehabilitation counselors, and learn skills that cannot be 
taught in the classroom, such as interpersonal or communication skills. 
Further, as the need for qualified VR counselors in the State-Federal 
VR program is critical, we encourage internships in such settings, to 
the extent practicable; we recognize that in some circumstances such 
internships may be unavailable. With regard to the

[[Page 66274]]

concern that individuals who are employed full-time while they are 
scholars in a Rehabilitation Long-Term Training program may have 
difficulty completing a full-time internship, our intention is that 
applicants for funding will work creatively to make such internships 
available to scholars, perhaps on a part-time basis. Such scholars may 
require more time to complete the program or may need other 
accommodations to complete their internship requirement.
    Changes: We have maintained the requirement that all scholars must 
complete an internship in a State VR agency but revised paragraph 
(c)(5) to permit an applicant to provide written justification that it 
is not feasible for all scholars to complete an internship in a State 
VR agency. If the justification is sufficient, a project funded under 
this priority may require all scholars to complete an internship in 
either a State VR agency or in a related agency, as defined in 34 CFR 
386.4. Sufficient justification for proposing that scholars complete 
internships in settings other than a State VR agency could include 
concerns about the capacity at the State VR agency to provide adequate 
supervision of scholars or the physical distance between scholars and 
the nearest office of the State VR agency (e.g., for scholars enrolled 
in distance-learning programs or at rural institutions).
    Comment: One commenter suggested that in paragraph (d)(1) of the 
priority we require a course or curriculum segment on how to develop 
and maintain relationships with potential employers, make initial 
contacts, assess the needs of employers, and present job-ready clients 
to employers.
    Discussion: The Department agrees with this comment, although the 
additional suggestions do not comprise an exhaustive list of the 
employer-related course content that could be offered. This comment is 
more applicable to paragraph (b)(6) of the priority, which focuses on 
the course curriculum.
    Changes: We have revised paragraph (b)(6) of the priority to 
provide as examples the specific employer-related curriculum content 
the commenter suggested.
    Comment: One commenter proposed that paragraph (d)(3) of the 
priority be expanded to require the grantee to provide the worksite 
supervisor with an assessment tool and offer technical assistance to 
the supervisor in order to complete the assessment.
    Discussion: The Department agrees that an assessment tool is 
necessary to evaluate the value of a worksite experience at building 
the knowledge and skills necessary to becoming an effective vocational 
rehabilitation counselor. We also recognize the value of an assessment 
tool that both reduces burden on the worksite supervisors and grantees 
and allows a consistent approach to the evaluation of scholars in a 
particular program. We strongly encourage grantees and worksite 
supervisors to work together to ensure the assessment tool accurately 
reflects the work duties of the scholar during their internship. This 
may involve the joint development of an assessment tool, or a portion 
thereof as they see fit. In addition, we agree that it would be 
appropriate for grantees to offer technical assistance to supervisors 
as they complete the assessments.
    Changes: We have revised paragraph (d)(3) of the priority to 
require that an assessment tool accurately reflects the specific job 
duties of a scholar in their internship experience, potentially 
involving the joint development of that tool between the grantee and 
the worksite supervisor. In addition, paragraph (d) (3) of the priority 
will require that the results of the assessment be provided to the 
grantee and to the scholar.
    Comment: One commenter suggested including a plan to routinely 
gather feedback from consumers and employers to be used to improve VR 
counseling programs. This commenter also suggested incorporating 
existing data that the Department, the Social Security Administration, 
the Veterans Administration, and other agencies and organizations 
collect from the State VR agencies and using it to improve the 
curriculum and training programs that support the development of VR 
professionals.
    Discussion: The Department agrees that data from these sources 
could be beneficial in evaluating the relative success of a training 
program. We believe that VR counseling programs should consult with as 
many sources of information as possible when evaluating the impact that 
they are having on the supply of qualified VR personnel. However, we 
are also mindful of the potential burden a requirement to collect these 
data on a regular basis may place on grantees with limited funding.
    Changes: We have redrafted the requirement to allow for a broader 
array of data sources to be included in the evaluation of the program 
in paragraph (f).
    Final Priority:
    Vocational Rehabilitation Counseling.
    The Assistant Secretary for Special Education and Rehabilitative 
Services announces a priority to fund programs leading to a master's 
degree in vocational rehabilitation (VR) counseling. The goal of this 
priority is to increase the skills of VR counseling scholars so that 
upon successful completion they are prepared to effectively meet the 
needs and demands of consumers with disabilities and employers.
    Under this priority, applicants must:
    (a) Provide data on the current and projected employment needs and 
personnel shortages in State VR agencies and other related agencies as 
defined in 34 CFR 386.4 in their local area, region, and State, and 
describe how the proposed program will address those employment needs 
and personnel shortages.
    (b) Describe how the VR counseling program will provide 
rehabilitation counselors the skills and knowledge that will help 
ensure that the individuals with disabilities that they serve can meet 
current demands and emerging trends in the labor market, including how:
    (1) The curriculum provides a breadth of knowledge, experience, and 
rigor that will adequately prepare scholars to meet the employment 
needs and goals of VR consumers and aligns with evidence-based 
practices and with competency-based skills (e.g., advanced counseling 
skills, critical thinking skills, and skills in building collaborative 
relationships) in the field of VR counseling;
    (2) The curriculum prepares scholars to meet all applicable 
certification standards;
    (3) The curriculum addresses new or emerging consumer employment 
needs or trends at the national, State, and regional levels;
    (4) The curriculum teaches scholars to address the needs of 
individuals with a range of disabilities and individuals with 
disabilities who are from diverse cultural backgrounds;
    (5) The curriculum will train scholars to recognize the assistive 
technology needs of consumers throughout the rehabilitation process so 
that they will be better able to coordinate the provision of 
appropriate assistive technology services and devices in order to 
assist the consumer to obtain and retain employment;
    (6) The curriculum will teach scholars to work effectively with 
employers in today's economy, including by teaching strategies for 
developing relationships with employers in their State and local areas, 
identifying employer needs and skill demands, making initial employer 
contacts, presenting job-ready clients to potential employers, and 
conducting follow-up with employers; and

[[Page 66275]]

    (7) The latest technology is incorporated into the methods of 
instruction (e.g., the use of distance education to reach scholars who 
live far from the university and the use of technology to acquire labor 
market information).
    (c) Describe their methods to:
    (1) Recruit highly capable prospective scholars who have the 
potential to successfully complete the academic program, all required 
practicum and internship experiences, and the required service 
obligation;
    (2) Educate potential scholars about the terms and conditions of 
the service obligation under 34 CFR 386.4, 386.34, and 386.40 through 
386.43 so that they will be fully informed before accepting a 
scholarship;
    (3) Maintain a system that ensures that scholars sign a payback 
agreement and an exit form when they exit the program, regardless of 
whether they drop out, are removed, or successfully complete the 
program;
    (4) Provide academic support and counseling to scholars throughout 
the course of the academic program to ensure successful completion;
    (5) Ensure that all scholars complete an internship in a State VR 
agency as a requirement for program completion. In such cases where an 
applicant can provide sufficient justification that it is not feasible 
for all students receiving scholarships to meet this requirement, the 
applicant may require scholars to complete an internship in a State VR 
agency or a related agency, as defined in 34 CFR 386.4. Circumstances 
that would constitute sufficient justification may include, but are not 
limited to, a lack of capacity at the State VR agency to provide 
adequate supervision of scholars during their internship experience or 
the physical distance between scholars and the nearest office of the 
State VR agency (e.g., for scholars enrolled in distance-learning 
programs or at rural institutions). Applicants should include written 
justification in the application or provide it to Rehabilitation 
Services Administration (RSA) for review and approval by the 
appropriate RSA Project Officer no later than 30 days prior to a 
scholar beginning an internship in a related agency;
    (6) Provide career counseling, including informing scholars of 
professional contacts and networks, job leads, and other necessary 
resources and information to support scholars in successfully obtaining 
and retaining qualifying employment;
    (7) Maintain regular contact with scholars upon successful program 
completion (e.g., matching scholars with mentors in the field), to 
ensure that they have support during their search for qualifying 
employment as well as support during the initial months of their 
employment;
    (8) Maintain regular communication with scholars after program exit 
to ensure that scholar contact information is up-to-date and that 
documentation of employment is accurate and meets the regulatory 
requirements for qualifying employment; and
    (9) Maintain accurate information on, while safeguarding the 
privacy of, current and former scholars from the time they are enrolled 
in the program until they successfully meet their service obligation.
    (d) Describe a plan for developing and maintaining partnerships 
with State VR Agencies and community-based rehabilitation service 
providers that includes:
    (1) Coordination between the grantee and the State VR agencies and 
community-based rehabilitation service providers that will promote 
qualifying employment opportunities for scholars and formalized on-
boarding and induction experiences for new hires;
    (2) Formal opportunities for scholars to obtain work experiences 
through internships, practicum agreements, job shadowing, and mentoring 
opportunities; and
    (3) A scholar internship assessment tool that is developed to 
ensure a consistent approach to the evaluation of scholars in a 
particular program. The tool should reflect the specific 
responsibilities of the scholar during the internship. The grantee and 
worksite supervisor are encouraged to work together as they see fit to 
develop the assessment tool. Supervisors at the internship site will 
complete the assessment detailing the scholar's strengths and areas for 
improvement that must be addressed and provide the results of the 
assessment to the grantee. The grantee should ensure that (A) scholars 
are provided with a copy of the assessment and all relevant rubrics 
prior to beginning their internship, (B) supervisors have sufficient 
technical support to accurately complete the assessment, and (C) 
scholars receive a copy of the results of the assessment within 90 days 
of the end of their internship.
    (e) Describe how scholars will be evaluated throughout the entire 
program to ensure that they are proficient in meeting the needs and 
demands of today's consumers and employers, including the steps that 
will be taken to provide assistance to a scholar who is not meeting 
academic standards or who is performing poorly in a practicum or 
internship setting.
    (f) Describe how the program will be evaluated. Such a description 
must include:
    (1) How the program will determine its effect over a period of time 
on filling vacancies in the State VR agency with qualified counselors 
capable of providing quality services to consumers;
    (2) How input from State VR agencies and community-based 
rehabilitation service providers will be included in the evaluation;
    (3) How feedback from consumers of VR services and employers 
(including the assessments described in paragraph (d)(3)) will be 
included in the evaluation;
    (4) How data from other sources, such as those from the Department, 
on the State VR program will be included in the evaluation; and
    (5) How the data and results from the evaluation will be used to 
make necessary adjustments and improvements to the program.
    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)).
    This notice does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.

    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.

[[Page 66276]]

Executive Orders 12866 and 13563

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 set forth 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.
    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 this final priority only on a reasoned determination 
that its benefits justify its 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. 
The benefits of the Rehabilitation Long-Term Training program have been 
well established over the years through the successful completion of 
similar projects. Grants to provide funding for scholars to acquire 
master's degrees in VR counseling are needed to ensure that State VR 
agencies and related agencies have a supply of qualified VR counselors 
with the skills to assist individuals with disabilities to achieve 
employment in today's economy.
    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) by contacting the Grants and Contracts 
Services Team, U.S. Department of Education, 400 Maryland Avenue SW., 
Room 5075, PCP, Washington, DC 20202-2550. Telephone: (202) 245-7363. 
If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
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    Dated: October 30, 2013.
Michael K. Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2013-26500 Filed 11-4-13; 8:45 am]
BILLING CODE 4000-01-P
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