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[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Proposed Rules]
[Pages 35121-35127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14390]

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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2014-OSERS-0072; CFDA Number: 84.264A]

Proposed Priority--Rehabilitation Training; Job-Driven Vocational 
Rehabilitation Technical Assistance Center

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

ACTION: Proposed priority.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services proposes a priority to establish a Job-Driven 
Vocational Rehabilitation Technical Assistance Center. The Assistant 
Secretary may use this priority for competitions in fiscal year (FY) 
2014 and later years. We take this action to provide training and 
technical assistance to improve the capacity of

[[Page 35122]]

State Vocational Rehabilitation (VR) agencies and their partners to 
equip individuals with disabilities with the skills and competencies 
necessary to help them obtain high-quality competitive employment.

DATES: We must receive your comments on or before July 21, 2014.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``Are you new to the site?''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about these proposed regulations, address 
them to Jerry Elliott, U.S. Department of Education, 400 Maryland 
Avenue SW., Room 5042, Potomac Center Plaza (PCP), Washington, DC 
20202-2800.

    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to 
include in their comments only information that they wish to make 
publicly available.

FOR FURTHER INFORMATION CONTACT: Jerry Elliott. Telephone: (202) 245-
7335 or by email: jerry.elliott@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:
    Invitation to Comment: We invite you to submit comments regarding 
this notice. To ensure that your comments have maximum effect in 
developing the notice of final priority, we urge you to identify 
clearly the specific section of the proposed priority that each comment 
addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866 and 13563 and their overall 
requirement of reducing regulatory burden that might result from this 
proposed priority. Please let us know of any further ways we could 
reduce potential costs or increase potential benefits while preserving 
the effective and efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about these proposed regulations by accessing Regulations.gov. 
You may also inspect the comments in person in Room 5042, 550 12th 
Street SW., PCP, Washington, DC 20202-2800, between the hours of 8:30 
a.m. and 4:00 p.m., Washington, DC time, Monday through Friday of each 
week except Federal holidays. Please contact the person listed under 
FOR FURTHER INFORMATION CONTACT. Assistance to Individuals with 
Disabilities in Reviewing the Rulemaking Record: On request we will 
provide an appropriate accommodation or auxiliary aid to an individual 
with a disability who needs assistance to review the comments or other 
documents in the public rulemaking record for this notice. If you want 
to schedule an appointment for this type of accommodation or auxiliary 
aid, please contact the person listed under FOR FURTHER INFORMATION 
CONTACT.
    Purpose of Program: Under the Rehabilitation Act of 1973, as 
amended (the Rehabilitation Act), the Rehabilitation Services 
Administration (RSA) makes grants to States and public or nonprofit 
agencies and organizations (including institutions of higher education) 
to support projects that provide training, traineeships, and technical 
assistance designed to increase the numbers of, and improve the skills 
of, qualified personnel (especially rehabilitation counselors) who are 
trained to: Provide vocational, medical, social, and psychological 
rehabilitation services to individuals with disabilities; assist 
individuals with communication and related disorders; and provide other 
services authorized under the Rehabilitation Act.

    Program Authority: 29 U.S.C. 772(a)(1).

Proposed Priority

    This notice contains one proposed priority.

Job-Driven Vocational Rehabilitation Technical Assistance Center

    Background:
    On January 30, 2014, President Barack Obama issued a Presidential 
Memorandum to the Secretaries of the Departments of Labor, Commerce, 
and Education directing them to take action to address job-driven 
training for the Nation's workers. The memorandum instructed the 
Secretaries to develop concrete steps to make Federal workforce and 
training programs and policies (a) more focused on imparting relevant 
skills with job-market value, (b) more easily accessed by employers and 
job seekers, and (c) more accountable for producing positive employment 
and earning outcomes for the people they serve. Those steps were also 
required to be consistent with the job-driven training principles 
outlined in the memorandum, including: Promoting more engagement with 
industry, employers, employer associations, and worker representatives 
to identify the skills and supports workers need; providing support for 
secondary and post-secondary education and training entities to equip 
individuals with the skills, competencies, and credentials necessary to 
help individuals obtain jobs, increase earnings, and advance their 
careers; and making available to workers, job seekers, and employers 
the best information regarding job demand, skills matching, supports, 
as well as education, training, and career options.
    While education and training, labor market information, and 
relevant job skills are important for all workers, they are 
particularly important for individuals with disabilities so that they 
can access more competitive jobs with good wages and benefits. 
Individuals with disabilities have higher unemployment rates than 
individuals without disabilities (in 2013, 12.9 percent and 6.9 
percent, respectively) and lower participation rates in the workforce 
by a substantial margin (in 2013, 20.7 percent and 68.8 percent, 
respectively) (Department of Labor, 2014). In addition, State VR 
agencies have seen a significant decrease in the number of individuals 
with disabilities achieving competitive employment outcomes. At the 
beginning of the recession, total State VR agency consumers achieving 
competitive employment outcomes dropped by about 23,000, from 194,979 
in FY 2008 to 171,721 in FY 2009. Four years later, the number of 
individuals with disabilities achieving competitive employment outcomes 
has risen only slightly, to 176,792 (RSA, 2012). To increase the number 
of VR consumers who achieve employment outcomes, State VR agencies need 
to upgrade the knowledge and skills of their personnel and providers so 
that they are better able to build effective partnerships with 
employers and assist VR consumers in obtaining the competencies and job 
skills required in today's competitive labor market.
    State VR agencies also need assistance in implementing approaches 
that promote more active engagement of employers in facilitating 
competitive employment for, and retention of, individuals with 
disabilities in the workplace. However, there are emerging

[[Page 35123]]

practices in some State VR agencies that could be developed and 
disseminated to other State VR agencies.
    For example, State VR agencies could hire staff as business 
employment representatives (BERs) or as specialists in job placement 
for a particular area of a State as part of an overall State VR agency 
approach to building relationships with employers. In a recent survey, 
findings reveal that the majority of VR agencies employ BERs (45 out of 
64 reporting agencies; 70.3%). Of those VR agencies employing BERs, 21 
reported employing five or fewer BERs, 10 reported employing between 
six and ten BERs, and 14 reported employing more than 10 BERs. BERs 
compose 0.1% to 43.9% of staffing relative to the total number of 
counseling staff throughout VR state agencies employing BERs (Porter et 
al., 2012). This range represents widely differing emphases on the use 
of BERs for employer engagement activities.
    In Vermont, Creative Workforce Solutions, a system of service 
provision to employers and qualified workers who face challenges 
entering or reentering the workforce, is an example of a more 
comprehensive approach to employer engagement and the use of BERs. This 
system includes BERs; a package of work-based learning services for 
employers and job-seekers that includes risk-free trial employment, on-
the-job training, and internships; and employer support services 
related to accommodations, accessibility, and training for employees.
    Another emerging job-driven approach is customized training. These 
training programs are designed to meet the special requirements of an 
employer or group of employers and are typically conducted with a 
commitment by the employer to employ (or, in the case of incumbent 
workers, continue to employ) individuals upon successful completion of 
the training. In this approach, employers often pay a portion of the 
cost of the training, reducing costs for job seekers and VR agencies.
    Some State VR agencies are already involved with customized 
training efforts. For example, the Maryland Division of Rehabilitation 
Services' (DORS) Workforce & Technology Center has developed customized 
training programs that provide short-term, intensive training for 
individuals not pursuing college degrees who are interested in 
obtaining either an industry certification or just the skills required 
for competitive employment at a higher entry wage. DORS' customized 
training programs have been developed in partnership with community 
colleges and employers; are based on labor market research and hiring 
trends, inquiries from local businesses, and requests from DORS 
counselors and DORS consumers (RSA, 2014).
    We believe that providing training and intensive TA to VR personnel 
and related providers will be critical in assisting State VR agencies 
in successfully incorporating job-driven approaches into the VR service 
delivery system and in increasing employment outcomes for individuals 
with disabilities.

References

Obama, B.H. (2014). Presidential Memorandum on Job-Driven Training 
for Workers. January 30, 2014. Available at: www.whitehouse.gov/the-press-office/2014/01/30/presidential-memorandum-job-driven-training-workers.
Porter, E., Kwan, N., Marrone, J., & Foley, S. (2012). Demand-Side 
Strategies: Prevalence of Business Employment Representatives in 
Vocational Rehabilitation Agencies. Review VR, 1, 2012. Available 
at: http://explorevr.org/files/review_vr/ReviewVR_1.pdf.
Rehabilitation Services Administration (RSA). (2014). Emerging 
Practices; Maryland: Customized and Partnership Training. Available 
at: https://rsa.ed.gov/emerging-practices.cfm.
Rehabilitation Services Administration (RSA). (2012). Case Service 
Report. RSA 911.
U.S. Department of Labor (DOL). (2014). Economic New Release: Table 
A-6. Employment status of the civilian population by sex, age and 
disability status, not seasonally adjusted. Available at: 
www.bls.gov/news.release/empsit.t06.htm.

    Proposed Priority:
    The purpose of this proposed priority is to fund a cooperative 
agreement to establish a Job-Driven Vocational Rehabilitation Technical 
Assistance Center (JDVRTAC) to achieve, at a minimum, the following 
outcomes: (a) Improve the ability of State VR agencies to work with 
employers and providers of training to ensure equal access to and 
greater opportunities for individuals with disabilities to engage in 
competitive employment or training; (b) Increase the number and quality 
of employment outcomes in competitive, integrated settings for VR-
eligible individuals with disabilities, including broadening the range 
of occupations for such individuals in such settings; and (c) Increase 
the number of VR-eligible individuals with disabilities in employer-
driven job training programs.
    The JDVRTAC will develop and provide training and TA to State VR 
agency staff and related rehabilitation professionals and service 
providers in the following four job-driven topic areas:
    (a) Use of labor market data and occupational information to 
provide individuals with disabilities with the best information 
regarding job demand, skills matching, supports, and education, 
training, and career options;
    (b) Disability-related consultation and services to employers 
related to competitive employment of individuals with disabilities 
(including individuals with the most significant disabilities) and 
strategies to recruit, train and serve employees with disabilities for 
the purposes of hiring, job retention, or return to work;
    (c) Building and maintaining relationships with employers; and
    (d) Services to providers of customized training and other types of 
training that are directly responsive to employer needs and hiring 
requirements.
    Project Activities.
    To meet the requirements of this priority, the JDVRTAC must, at a 
minimum, conduct the following activities:
    Knowledge Development Activities.
    (a) In the first year, collect information from the literature and 
from existing State and Federal programs regarding evidence-based and 
promising practices relevant to the work of the JDVRTAC and make this 
information publicly available in a searchable, accessible, and useful 
format. The JDVRTAC should review, at a minimum:
    (1) The results of State VR agency monitoring conducted by RSA; and
    (2) State VR agency program and performance data.
    (b) In the first year, conduct a survey of relevant stakeholders 
and VR service providers to identify job-driven TA needs and a process 
by which TA solutions can be offered to State VR agencies and their 
partners. The JDVRTAC should survey, at a minimum:
    (1) State VR agency staff; and
    (2) Relevant RSA staff.
    (c) Develop and refine four curriculum guides for VR staff training 
in:
    (1) The use of labor market and occupational information for 
purposes of planning and job-matching with individuals with 
disabilities;
    (2) Building programs of employer engagement, employer services, 
and program participation support services for institutions providing 
employer-driven training programs;
    (3) Delivery of support services to providers of customized 
training and other job training directly responsive to employer needs 
and hiring requirements to promote and support the inclusion of 
individuals with disabilities in such training programs; and

[[Page 35124]]

    (4) Delivery of support services to employers who hire individuals 
with disabilities from employer-driven training programs.
    Technical Assistance and Dissemination Activities.
    (a) Provide intensive TA to a minimum of 16 State VR agencies and 
their associated rehabilitation professionals and service providers in 
the four job-driven topic areas set out in this priority. The JDVRTAC 
must provide intensive TA to a minimum of two agencies in the first 
year of the project, a minimum of ten agencies in the second year of 
the project, and a minimum of four agencies in the third year of the 
project. Such TA must include:
    (1) For topic area (a), how to research, understand, and use up-to-
date labor market information to assist individuals with disabilities 
to make informed career decisions and develop vocational goals;
    (2) For topic area (b)--
    (i) How to research, understand, and use up-to-date labor market 
information to effectively communicate with and address the needs of--
    (A) Employers;
    (B) Job seekers with disabilities; and
    (C) Employees with disabilities.
    (ii) How to balance job-seeker skills and informed choice with the 
needs and demands of employers;
    (iii) Informational resources for employers on accommodations, 
including assistive technology;
    (iv) Effective marketing and outreach to employers, such as how 
best to present information about job-ready applicants to employers 
including what VR counselors and placement staff need to know about a 
specific employer and its business; and
    (v) How to use occupational information resources to ensure optimal 
vocational guidance and counseling that result in the best fit for 
applicants and workers with disabilities and employers.
    (3) For topic area (c), how to build and maintain partnerships with 
employers, looking at new or existing research about the relationship 
between employer practices and employment outcomes among individuals 
with disabilities, and promising practices for employer engagement.
    (4) For topic area (d)--
    (i) How to identify and access employer-driven training programs;
    (ii) How to incorporate individuals with disabilities into training 
programs in which individuals with disabilities have been historically 
underrepresented; and
    (iii) How to assist VR-eligible individuals with disabilities in 
accessing customized training or other job training that is directly 
responsive to employer needs and hiring requirements, including, but 
not limited to, training offered by providers under the Carl D. Perkins 
Career and Technical Education Improvement Act, H-1B Ready to Work 
Partnership Grants, and Trade Adjustment Assistance Community College 
and Career Training Grants.
    (b) Provide a range of targeted and general TA products and 
services on the four job-driven topic areas in this priority. Such TA 
should include, at a minimum, the following activities:
    (1) Developing and maintaining a state-of-the-art information 
technology (IT) platform sufficient to support Webinars, 
teleconferences, video conferences, and other virtual methods of 
dissemination of information and TA;
    (2) Developing and maintaining a state-of-the-art archiving and 
dissemination system that provides a central location for later use of 
TA products, including course curricula, audiovisual materials, 
Webinars, examples of emerging and best practices related to the four 
job-driven topic areas in this notice, and any other TA products, that 
is open and available to the public; and
    (3) Providing a minimum of two webinars or video conferences on 
each of the four job-driven topic areas in this notice to describe and 
disseminate information about emerging and best practices in each area.
    Coordination Activities.
    (a) Establish a community of practice that will act as a vehicle 
for communication, exchange of information among State VR agencies and 
partners, and a forum for sharing the results of TA projects that are 
in progress or have been completed. Such community of practice must be 
focused on the use of labor market and occupational information for 
individual planning, employer services and communication, and support 
of employer-driven training services;
    (b) Communicate and coordinate, on an ongoing basis, with other 
Department-funded projects and those supported by the Departments of 
Labor and Commerce; and
    (c) Maintain ongoing communication with the RSA project officer.
    Application Requirements.
    To be funded under this priority, applicants must meet the 
application and administrative requirements in this priority. RSA 
encourages innovative approaches to meet these requirements, which are:
    (a) Demonstrate, in the narrative section of the application under 
``Significance of the Project,'' how the proposed project will--
    (1) Address State VR agencies' capacity to work with employers and 
providers of training to ensure equal access to and greater 
opportunities for individuals with disabilities to engage in 
competitive employment or training. To meet this requirement, the 
applicant must:
    (i) Demonstrate knowledge of emerging and best practices in 
employer engagement;
    (ii) Demonstrate knowledge of current RSA guidance and State and 
Federal initiatives designed to improve employer engagement and 
alignment of workforce training programs with employer needs; and
    (iii) Present information about the difficulties that State VR 
agencies and service providers have encountered in developing effective 
employer engagement plans.
    (2) Result in increases in both the number of VR-eligible 
individuals with disabilities in employer-driven job-training programs, 
and the number and quality of employment outcomes in competitive, 
integrated settings for VR-eligible individuals with disabilities, 
including broadening the range of occupations for such individuals in 
such settings.
    (b) Demonstrate, in the narrative section of the application under 
``Quality of Project Services,'' how the proposed project will--
    (1) Achieve its goals, objectives, and intended outcomes. To meet 
this requirement, the applicant must provide--
    (i) Measurable intended project outcomes;
    (ii) A plan for how the proposed project will achieve its intended 
outcomes; and
    (iii) A plan for communicating and coordinating with key staff in 
State VR agencies, State and local partner programs, providers of 
customized training programs and other training programs that are 
directly responsive to employer needs and hiring requirements, RSA 
partners such as the Council of State Administrators of Vocational 
Rehabilitation (CSAVR), the National Council of State Agencies for the 
Blind, CSAVR's National Employment Team, and other TA centers and 
relevant programs within the Departments of Education, Labor, and 
Commerce.
    (2) Use a conceptual framework to develop project plans and 
activities, describing any underlying concepts, assumptions, 
expectations, beliefs, or theories, as well as the presumed 
relationships or linkages among these

[[Page 35125]]

variables, and any empirical support for this framework.
    (3) Be based on current research and make use of evidence-based 
practices. To meet this requirement, the applicant must describe--
    (i) The current research on the emerging and promising practices in 
the four job-driven topic areas in this priority;
    (ii) How the current research about adult learning principles and 
implementation science will inform the proposed TA; and
    (iii) How the proposed project will incorporate current research 
and evidence-based practices in the development and delivery of its 
products and services.
    (4) Develop products and provide services that are of high quality 
and sufficient intensity and duration to achieve the intended outcomes 
of the proposed project. To address this requirement, the applicant 
must describe--
    (i) Its proposed activities to identify or develop the knowledge 
base on emerging and promising practices in the four job-driven topic 
areas in this priority;
    (ii) Its proposed approach to universal, general TA \1\;
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    \1\ For the purposes of this priority, ``universal, general TA'' 
means TA and information provided to independent users through their 
own initiative, resulting in minimal interaction with TA center 
staff and including one-time, invited or offered conference 
presentations by TA center staff. This category of TA also includes 
information or products, such as newsletters, guidebooks, or 
research syntheses, downloaded from the TA center's Web site by 
independent users. Brief communications by TA center staff with 
recipients, either by telephone or email, are also considered 
universal, general TA.
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    (iii) Its proposed approach to targeted, specialized TA,\2\ which 
must identify--
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    \2\ For the purposes of this priority, ``targeted, specialized 
TA'' means TA service based on needs common to multiple recipients 
and not extensively individualized. A relationship is established 
between the TA recipient and one or more TA center staff. This 
category of TA includes one-time, labor-intensive events, such as 
facilitating strategic planning or hosting regional or national 
conferences. It can also include episodic, less labor-intensive 
events that extend over a period of time, such as facilitating a 
series of conference calls on single or multiple topics that are 
designed around the needs of the recipients. Facilitating 
communities of practice can also be considered targeted, specialized 
TA.
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    (A) The intended recipients of the products and services under this 
approach; and
    (B) Its proposed approach to measure the readiness of State VR 
agencies to work with the proposed project, assessing, at a minimum, 
their current infrastructure, available resources, and ability to 
effectively respond to the TA, as appropriate.
    (iv) Its proposed approach to intensive, sustained TA,\3\ which 
must identify--
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    \3\ For the purposes of this priority, ``intensive, sustained 
TA'' means TA services often provided on-site and requiring a 
stable, ongoing relationship between the TA center staff and the TA 
recipient. ``TA services'' are defined as negotiated series of 
activities designed to reach a valued outcome. This category of TA 
should result in changes to policy, program, practice, or operations 
that support increased recipient capacity or improved outcomes at 
one or more systems levels.
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    (A) The intended recipients of the products and services under this 
approach;
    (B) Its proposed approach to measure the readiness of the State VR 
agencies to work with the proposed project including the State VR 
agencies' commitment to the initiative, fit of the initiatives, current 
infrastructure, available resources, and ability to effectively respond 
to the TA, as appropriate;
    (C) Its proposed plan for assisting State VR agencies to build 
training systems that include professional development based on adult 
learning principles and coaching; and
    (D) Its proposed plan for developing agreements with State VR 
agencies to provide intensive, sustained TA. The plan must describe how 
the agreements will outline the purposes of the TA, the intended 
outcomes of the TA, and the measurable objectives of the TA that will 
be evaluated.
    (5) Develop products and implement services to maximize the 
project's efficiency. To address this requirement, the applicant must 
describe--
    (i) How the proposed project will use technology to achieve the 
intended project outcomes; and
    (ii) With whom the proposed project will collaborate and the 
intended outcomes of this collaboration.
    (c) Demonstrate, in the narrative section of the application under 
``Quality of the Evaluation Plan,'' how the proposed project will--
    (1) Measure and track the effectiveness of the TA provided. To meet 
this requirement, the applicant must describe its proposed approach 
to--
    (i) Collecting data on the effectiveness of each TA activity from 
State VR agencies, partners, or other sources, as appropriate; and
    (ii) Analyzing data and determining effectiveness of each TA 
activity, including any proposed standards or targets for determining 
effectiveness.
    (2) Collect and analyze data on specific and measurable goals, 
objectives, and intended outcomes of the project, including measuring 
and tracking the effectiveness of the TA provided. To address this 
requirement, the applicant must describe--
    (i) Its proposed evaluation methodologies, including instruments, 
data collection methods, and analyses; and
    (ii) Its proposed standards or targets for determining 
effectiveness.
    (iii) How it will use the evaluation results to examine the 
effectiveness of its implementation and its progress toward achieving 
the intended outcomes; and
    (iv) How the methods of evaluation will produce quantitative and 
qualitative data that demonstrate whether the project and individual TA 
activities achieved their intended outcomes.
    (d) Demonstrate, in the narrative section of the application under 
``Adequacy of Project Resources,'' how--
    (1) The proposed project will encourage applications for employment 
from persons who are members of groups that have traditionally been 
underrepresented based on race, color, national origin, gender, age, or 
disability, as appropriate;
    (2) The proposed key project personnel, consultants, and 
subcontractors have the qualifications and experience to provide TA to 
State VR agencies and their partners in each of the four job-driven 
topic areas described in this notice and to achieve the project's 
intended outcomes;
    (3) The applicant and any key partners have adequate resources to 
carry out the proposed activities; and
    (4) The proposed costs are reasonable in relation to the 
anticipated results and benefits.
    (e) Demonstrate, in the narrative section of the application under 
``Quality of the Management Plan,'' how--
    (1) The proposed management plan will ensure that the project's 
intended outcomes will be achieved on time and within budget. To 
address this requirement, the applicant must describe--
    (i) Clearly defined responsibilities for key project personnel, 
consultants, and subcontractors, as applicable; and
    (ii) Timelines and milestones for accomplishing the project tasks.
    (2) Key project personnel and any consultants and subcontractors 
will be allocated to the project and how these allocations are 
appropriate and adequate to achieve the project's intended outcomes, 
including an assurance that such personnel will have adequate 
availability to ensure timely communications with stakeholders and RSA;

[[Page 35126]]

    (3) The proposed management plan will ensure that the products and 
services provided are of high quality; and
    (4) The proposed project will benefit from a diversity of 
perspectives, including those of State and local personnel, TA 
providers, researchers, and policy makers, among others, in its 
development and operation.
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    Final Priority:
    We will announce the final priority in a notice in the Federal 
Register. We will determine the final priority after considering 
responses to this notice and other information available to the 
Department. 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.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this proposed regulatory action is ``significant'' and, therefore, 
subject to the requirements of the Executive order and subject to 
review by the Office of Management and Budget (OMB). Section 3(f) of 
Executive Order 12866 defines a ``significant regulatory action'' as an 
action likely to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This proposed 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 proposed regulatory action under 
Executive Order 13563, which supplements and explicitly reaffirms the 
principles, structures, and definitions governing regulatory review 
established in Executive Order 12866. To the extent permitted by law, 
Executive Order 13563 requires that an agency--
    (1) Propose or adopt regulations only on 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 proposed priority only on a reasoned 
determination that its benefits would justify its costs. In choosing 
among alternative regulatory approaches, we selected those approaches 
that would 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 would 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.
    We propose to fund through this priority technical assistance to 
State VR agencies to improve the quality of VR services and ultimately 
the number and quality of their employment outcomes. This proposed 
priority would promote the efficient and effective use of Federal 
funds.
    Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. One of the 
objectives of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism. The Executive order relies 
on processes developed by State and local governments for coordination 
and review of proposed Federal financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site you

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can view this document, as well as all other documents of this 
Department published in the Federal Register, in text or Adobe Portable 
Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, 
which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: June 16, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2014-14390 Filed 6-18-14; 8:45 am]
BILLING CODE 4000-01-P
```