[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Notices]
[Pages 15970-15981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05974]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Disability Innovation Fund--
Subminimum Wage to Competitive Integrated Employment Innovative Model 
Demonstration Project

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

ACTION: Notice.

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SUMMARY: The U.S. Department of Education (Department) is issuing a 
notice inviting applications for fiscal year (FY) 2022 for the 
Disability Innovation Fund--Subminimum Wage to Competitive Integrated 
Employment (SWTCIE) Innovative Model Demonstration Project, Assistance 
Listing Number 84.421D. The Department intends to fund multiple 
innovative model demonstration projects to assist individuals with 
disabilities currently employed in, or contemplating, subminimum wage 
employment (i.e., SWTCIE program participants) to engage with State 
vocational rehabilitation (VR) agencies so they may obtain competitive 
integrated employment (CIE). The Rehabilitation Services Administration 
(RSA) recognizes that models to obtain CIE are needed for students and 
youth with disabilities seeking subminimum wage employment and 
individuals with disabilities who are employed or contemplating 
employment at subminimum wage by entities holding special wage 
certificates (employers or entities holding 14(c) certificates) under 
section 14(c) of the Fair Labor Standards Act of 1938 (FLSA) (``under 
section 14(c) certificates''). This notice relates to the approved 
information collection under OMB control number 1820-0018.

DATES: 
    Applications Available: March 21, 2022.
    Deadline for Transmittal of Applications: June 21, 2022.
    Date of Pre-Application Meeting: The Office of Special Education 
and Rehabilitative Services (OSERS) will post a PowerPoint presentation 
that provides general information about RSA's discretionary grants and 
a PowerPoint presentation specifically about the SWTCIE Innovative 
Model Demonstration Project at https://ncrtm.ed.gov/RSAGrantInfo.aspx. 
In addition to posting the PowerPoint, OSERS will conduct a pre-
application meeting specific to this competition via conference call to 
respond to questions. Information about the pre-application meeting 
will be available at https://ncrtm.ed.gov/RSAGrantInfo.aspx prior to 
the date of the call. OSERS invites you to send questions to 
<a href="/cdn-cgi/l/email-protection#0a323e243e383b4e4a6f6e246d657c"><span class="__cf_email__" data-cfemail="4179756f757370050124256f262e37">[email protected]</span></a> in advance of the pre-application meeting. The 
teleconference information, including a summary of the 84.421D pre-
application meeting questions and answers, will be available at https://ncrtm.ed.gov/RSAGrantInfo.aspx within six business days after the pre-
application meeting. Deadline for Intergovernmental Review: August 18, 
2022.

ADDRESSES: For the addresses for obtaining and submitting an 
application, please refer to our Common Instructions for Applicants to 
Department of Education Discretionary Grant Programs, published in the 
Federal Register on December 27, 2021 (86 FR 73264) and available at 
www.federalregister.gov/d/2021-27979. Please note that these Common 
Instructions supersede the version published on February 13, 2019, and, 
in part, describe the transition from the requirement to register in 
SAM.gov a Data Universal Numbering System (DUNS) number to the 
implementation of the Unique Entity Identifier (UEI). More information 
on the phase-out of DUNS numbers is available at https://www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf.

FOR FURTHER INFORMATION CONTACT: Cassandra P. Shoffler, U.S. Department 
of Education, 400 Maryland Avenue SW, Room 5065A, Potomac Center Plaza, 
Washington, DC 20202-2800. Telephone: (202) 245-7827. Email: 
<a href="/cdn-cgi/l/email-protection#e2dad6ccd6d0d3a6a28786cc858d94"><span class="__cf_email__" data-cfemail="370f03190305067377525319505841">[email protected]</span></a>.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Funding Opportunity Description

    Purpose of Program: The purpose of the Disability Innovation Fund 
(DIF) Program, as provided by the Consolidated Appropriations Act, 2021 
(Pub. L. 116-260), is to support innovative activities aimed at 
increasing CIE as defined in section 7 of the Rehabilitation Act of 
1973 (Rehabilitation Act) (29 U.S.C. 705(5)), for youth and other 
individuals with disabilities.
    The purpose of this competition is to increase the opportunity for 
SWTCIE program participants--students and youth with disabilities 
seeking subminimum wage employment and potential VR program applicants 
or VR-eligible individuals with disabilities who are employed or 
contemplating employment at subminimum wage--to obtain CIE, defined in 
section 7(5) of the Rehabilitation Act of 1973 (Rehabilitation Act) and 
in the Definitions section of this notice. To achieve this purpose, 
projects funded under this priority will create innovative models, for 
dissemination and replication, to: (1) Identify strategies for 
addressing challenges associated with access to CIE (e.g., 
transportation, support services); (2) provide integrated services that 
support CIE; (3) support integration into the community through CIE; 
(4) identify and coordinate wraparound services for any individual 
served by the project who obtains CIE;

[[Page 15971]]

(5) develop evidence-based practices and share those practices with 
other entities holding 14(c) certificates, State VR agencies, local 
rehabilitation providers, State and local workforce agencies and 
regional and local employers; and (6) provide entities holding section 
14(c) certificates with readily accessible transformative business 
models for adoption.
    Priorities: This competition contains one absolute priority. We are 
establishing the absolute priority for the FY 2022 grant competition 
and any subsequent year in which we make awards from the list of 
unfunded applications from this competition, in accordance with section 
437(d)(1) of the General Education Provisions Act (GEPA), 20 U.S.C. 
1232(d)(1).
    Absolute Priority: This priority is an absolute priority. Under 34 
CFR 75.105(c)(3), we consider only applications that meet this 
priority.
    This priority is:
    Subminimum Wage to Competitive Integrated Employment (SWTCIE) 
Innovative Model Demonstration Project.
    Background:
    Since the establishment of the Federal minimum wage in 1938, a 
special minimum wage has existed for individuals with disabilities. 
This provision allows employers holding a section 14(c) certificate 
from the U.S. Department of Labor (DOL) to pay individuals with 
disabilities less than the Federal minimum wage that is generally 
mandated for all other workers. DOL, Wage and Hour Division, 14(c) 
certificate holder reports indicate that as of October 1, 2021, there 
were 531 entities that have pending 14(c) certificates, which do not 
yet provide subminimum employment, and 667 entities that hold 14(c) 
certificates with 39,840 individuals with disabilities employed under 
the 14(c) certificates earning a subminimum wage (U.S. Department of 
Labor, 2022).
    As data have shown substantial disparity in the wages that these 
individuals receive, the need for policy and programming to help 
identify strategies to expand opportunities for individuals with 
disabilities employed at subminimum wage is critical. Recent Federal, 
State, and local legislation and policy development have focused on 
maximizing opportunities for individuals with disabilities to earn 
competitive wages in non-segregated settings, thereby enhancing the 
social and economic inclusion and empowerment of individuals with 
disabilities. In some cases, State legislation and policies emphasize 
eliminating subminimum wage or terminating the use of subminimum wage 
for individuals with disabilities over a period of time. Changes in 
expectations about community integration and employment for individuals 
with disabilities render subminimum wage employment an outdated model.
    Several States, including Alaska, Maine, Maryland, New Hampshire, 
Oregon, Washington, Hawaii, Colorado, California, Delaware, Rhode 
Island, and Vermont, have passed or are in the process of implementing 
legislation to abolish the payment of subminimum wages to individuals 
with disabilities. In addition, some cities, such as Seattle, 
Washington; Reno, Nevada; Chicago, Illinois; and Denver, Colorado, have 
such bans in place.
    While passing legislation and enacting policies to eliminate 
subminimum wage employment has been effective at the State and local 
level, there is a need for an innovative focus on eliminating 
subminimum wage employment that also expands opportunities for 
individuals with disabilities to obtain CIE. Projects that utilize 
innovative approaches, such as those identified within this notice, 
have the potential to prevent the payment of a subminimum wage to and 
improve the employment outcomes of individuals with disabilities and 
build the body of evidence towards achieving this policy goal.
    The Rehabilitation Act, as amended by title IV of the Workforce 
Innovation and Opportunity Act (WIOA), defines CIE in general as full-
time or part-time work: (1) In which the individual with a disability 
is paid at or above the Federal minimum wage; (2) at a location where 
the individual with a disability interacts with individuals without 
disabilities to the same extent that individuals without disabilities 
in comparable positions interact with others who are not disabled; and 
(3) that presents opportunities for advancement that are similar to 
those provided to individuals without disabilities. In this notice, the 
Department uses the definition of CIE from 34 CFR 361.5(c)(9) 
established for purposes of the VR program, which defines CIE as work 
that is, among other things, performed in a location: (1) That is 
typically found in the community; and (2) in which the individual with 
a disability interacts for the purpose of performing the duties of the 
position with other employees within the particular work unit and the 
entire work site, and, as appropriate to the work performed, other 
persons (e.g., customers and vendors), who are not individuals with 
disabilities (not including supervisory personnel or individuals who 
are providing services to such employee) to the same extent that 
employees who are not individuals with disabilities and who are in 
comparable positions interact with these persons. See the Definitions 
section of this notice.
    The purpose of the VR program is to assist individuals with 
disabilities who choose to seek CIE, including supported employment \1\ 
and customized employment, which constitute ``employment outcomes'' 
under the VR program as defined in section 7(11) of the Rehabilitation 
Act (29 U.S.C. 705(11) and 34 CFR 361.5(c)(15)). An individual with a 
disability who chooses to pursue non-competitive and/or non-integrated 
employment is not eligible for services under the VR program because 
the individual would not be choosing to achieve an ``employment 
outcome.'' To the extent an individual with a disability, or their 
representative as appropriate, chooses to pursue work that is outside 
the scope of the VR program, VR agency personnel play a critical role 
in making the proper referrals to other community resources, as 
required under 34 CFR 361.37(b).
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    \1\ ``Supported employment,'' as defined at section 7(38) of the 
Rehabilitation Act (29 U.S.C. 705(38)) and 34 CFR 361.5(c)(53), 
means competitive integrated employment, including customized 
employment, or employment in an integrated setting in which an 
individual with a most significant disability is working on a short-
term basis toward competitive integrated employment. As such, 
``supported employment'' constitutes an ``employment outcome'' under 
the VR program, as that term is defined at section 7(11) of the 
Rehabilitation Act (29 U.S.C. 705(11)) and 34 CFR 361.5(c)(15).
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    The VR program expands opportunities for individuals with 
disabilities to obtain high-quality CIE that leads to economic security 
and is a key resource in furthering the full equality and integration 
of individuals with disabilities in American society by examining 
potential employment opportunities, and by training and preparing 
individuals with disabilities for those opportunities that lead to an 
employment outcome.
    In furthering its mission to assist individuals with disabilities 
to obtain CIE, the VR program works with employers of all types, 
including those offering non-traditional, flexible, and freelance 
opportunities. The program assists and encourages employers to fully 
include individuals with disabilities in their workforce by creating 
employment opportunities that meet all criteria in the definition of 
CIE, including the criterion for an integrated employment location.

[[Page 15972]]

    To be considered CIE for purposes of both DIF and the VR program, a 
job position must satisfy all three criteria related to wages/benefits, 
integration, and opportunities for advancement (section 7(5) of the 
Rehabilitation Act (29 U.S.C. 705(5)), 34 CFR 361.5(c)(9), and the 
Definitions section of this notice). Please refer to RSA-FAQ 22-02, the 
Frequently Asked Questions (FAQs) pertaining to Criterion for an 
Integrated Employment Location in the Definition of ``Competitive 
Integrated Employment'' and Participant Choice that was issued by the 
Rehabilitation Services Administration (2021).\2\ Although the FAQs 
pertain specifically to CIE and the VR program, they provide critical 
information, including clarification on the criterion for an integrated 
employment location in the definition, that would be applicable to the 
definition for purposes of the DIF program.
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    \2\ See References for link to RSA-FAQ 22-02.
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    Priority:
    The purpose of this priority is to fund model demonstration 
projects designed to develop, implement, refine, evaluate, and 
disseminate, for easy adoption, new or substantially improved model 
strategies or programs to transition SWTCIE program participants to CIE 
in any one of six topic areas.
    Topic Areas:
    Within this absolute priority, the Secretary intends to support 
innovative model demonstration projects under the following topic 
areas: (1) Essential Workers; (2) Green Job Workers; (3) Home and 
Community-Based Service Workers; (4) Arts; (5) Transportation Industry 
and related Industry Workers; and (6) Field Initiated. If an applicant 
intends to address multiple topic areas, the applicant must combine the 
topic areas in one application and submit it under topic area 6, Field 
Initiated. For example, an applicant could apply under topic area 6 
with a proposed project that combines topic area 1 with any of topic 
areas 2-5. Multiple applications from a single applicant will not be 
accepted.
    Note: The numbering of the topic areas does not reflect an 
established hierarchy or preference among the topic areas.
    Topic Area 1: Essential Workers.
    Essential workers are needed nationwide as the economy responds to 
the novel coronavirus 2019 (COVID-19). The U.S. Department of Homeland 
Security identified essential workers as those individuals who conduct 
a range of operations and services that are typically essential to 
continue critical infrastructure operations (Hultin, 2021). The U.S. 
Department of Homeland Security's Cybersecurity and Infrastructure 
Security Agency (CISA) created guidance, and developed a sector-
specific list, to assist in the identification of essential workers 
(2021).
    Potential SWTCIE program participants may already be classified as 
essential workers but work in non-integrated settings or enclaves. 
These individuals may have the skills, abilities, and interest in 
transferring to job positions as essential workers in CIE.
    A project in this area will identify and implement innovative 
strategies to assist SWTCIE program participants to secure CIE as 
essential workers.
    Topic Area 2--Green Job Workers.
    Workers will be needed for green jobs to help the United States 
reach its goal of no longer generating greenhouse gas pollution by 2035 
(U.S. Department of Labor, 2021). The percentage of total employment 
associated with green goods and services has increased in the United 
States over the years, presenting employment opportunities in related 
emerging fields (U.S. Bureau of Labor Statistics, 2013). Innovative 
inclusion practices would provide green job opportunities for 
individuals with disabilities, which in turn would also improve the 
outlook in this growing sector.
    Green jobs may include solar panel installation and maintenance; 
energy efficient HVAC installation; removal of excess undergrowth from 
forests at risk of forest fires; operation of businesses such as 
electric vehicle businesses, wind and water electricity businesses, and 
hydroponic gardening facilities; and many other emerging areas that may 
assist in combating climate change.
    A project in this area will identify and implement innovative 
strategies to assist SWTCIE program participants to secure CIE as green 
job workers.
    Topic Area 3--Home and Community-Based Service Workers.
    With the aging of the Nation's population and the need for 
independent living for people with disabilities leading to increased 
demand for Home and Community Based services (HCBS), the United States 
faces an impending crisis in the supply of direct support workers. This 
increased demand for HCBS opens the door to various employment 
opportunities. Some individuals with significant disabilities and older 
adults who need personal services may use or employ individuals with 
disabilities to provide the needed personal services. This arrangement 
could provide a mutually beneficial relationship between the individual 
with a disability needing services, and the individual with a 
disability providing the services.
    A project in this area will identify and implement innovative 
strategies to assist SWTCIE program participants to secure CIE as home 
and community-based service workers for individuals with disabilities, 
the aging population, or both.
    Topic Area 4--Arts.
    The National Endowment for the Arts, New Report Released on the 
Economic Impact of the Arts and Cultural Sector (2021), indicated that 
the arts have been significantly and negatively impacted by COVID-19. 
As a major employment sector, the arts are an essential part of 
building back our Nation's culture and our ability to enjoy being with 
others in public spaces. To rebuild the arts, individuals with 
disabilities should have CIE opportunities within every arts venue and 
activity. The arts and culture industry shapes culture and cultural 
expectations. Individuals with disabilities and their advocates have 
historically promoted representation of individuals with disabilities 
within the arts and culture industry.
    The arts employ individuals in many settings and positions, such as 
performing artists (e.g., actors, musicians, singers, dancers), visual 
artists (e.g., painters, sculptors, jewelers, woodworkers), set 
designers, construction workers, costume designers, lighting crew, 
ticket takers, cleaners, librarians, advertisers, translators, and 
managers and staff at all types of arts venues, and many other jobs. 
These positions are carried out in communities of all sizes across the 
Nation.
    A project in this area will identify and implement innovative 
strategies to assist SWTCIE program participants to secure CIE in the 
arts, thereby advancing meaningful access to and inclusion in one or 
more of these three primary areas pertaining to the arts: (1) Education 
and Careers, (2) Community Health/Wellness, and (3) Cultural Spaces.
    (1) Education and Careers: Build a bridge to employment 
opportunities in the arts that include education and training, 
including postsecondary education opportunities, for SWTCIE program 
participants in all genres of arts-based careers. This includes 
reaching students in arts high schools and in arts programs, reaching 
students who do not have access to arts curricula, and facilitating 
exposure to work-based learning experiences in the arts.
    (2) Community Health/Wellness: Foster inclusion in community life 
and promote resilience and social

[[Page 15973]]

engagement through CIE in the arts for SWTCIE program participants.
    (3) Cultural Spaces: Create access to cultural spaces that provide 
STWCIE program participants with CIE opportunities in the arts (for 
example, in theaters and performing arts venues; art, history, and 
children's museums; outdoor exhibit spaces such as parks, zoos, 
arboretums, aquariums, and recreational spaces), thereby leading to 
increased engagement between individuals with and without disabilities, 
more diversity within the arts, and empowerment for STWCIE program 
participants in the arts.
    Topic Area 5--Transportation Industry and Related Industry Workers.
    According to the Bureau of Transportation Statistics (2022), 
``transportation industry'' refers to the for-hire transportation and 
warehousing sector, including but not limited to air, rail, water, and 
truck transportation. ``Transportation-related industries'' refers to 
industries outside the for-hire transportation and warehousing sector, 
for example motor vehicle parts manufacturing and positions within 
Federal and State Departments of Transportation.
    A project in this area will identify and implement innovative 
strategies to assist SWTCIE program participants to secure CIE as a 
worker within the transportation industry or transportation-related 
industries. A project in this topic area may align with the 
transportation aspects of the Infrastructure Investment and Jobs Act 
(2021).
    Topic Area 6--Field Initiated.
    Field initiated projects will identify and implement innovative 
strategies that assist SWTCIE program participants to secure CIE. A 
field initiated project may (1) address innovative topic areas not 
otherwise included in this notice, or (2) combine two or more topic 
areas described in this notice into one application.
    Requirements:
    The following requirements are established for the FY 2022 grant 
competition and any subsequent year in which we make awards from the 
list of unfunded applications from this competition, in accordance with 
section 437(d)(1) of GEPA.
    Program and Project Application Requirements:
    Under this priority, the model demonstration project must, at a 
minimum, meet the following program requirements. Applicants must 
describe, in a narrative section of the application, how the proposed 
project will meet these requirements.
    (a) Develop, pilot, refine, and implement a collaborative model, 
representative of the partnerships with key staff in State VR agencies 
and partner programs; employers; local educational agencies (LEAs); 
State educational agencies (SEAs); community rehabilitation providers 
(CRPs); organizations and associations of, or representing, individuals 
with disabilities, students and youth with disabilities, parents, 
family members, guardians, and advocates, that can be used by State VR 
agencies and local VR providers to assist SWTCIE program participants.
    (1) Develop the project.
    (i) Develop a collaborative model to assist SWTCIE program 
participants during the first year of the project.
    (ii) Identify and collaborate with partners and stakeholders that 
have experience serving populations that are diverse with respect to, 
for example, socioeconomic status, race, ethnicity, culture, language, 
disability status, and gender.
    (iii) Establish partnerships with State VR agencies; individuals 
with disabilities; community-based services and CRPs; appropriate 
employers, particularly employers representing the selected topic 
area(s); and other agencies and entities that are critical to the 
development and implementation of this project. These agencies and 
entities may include SEAs, LEAs, institutions of higher education, 
14(c) certificate holders, workforce providers, support service 
providers, and on-the-job and customized training providers.
    (iv) Develop a memorandum of understanding (MOU) with each partner 
that describes the specific roles and responsibilities. The MOU(s) with 
the described partners must be submitted to the Department prior to 
piloting the proposed project and revised, as necessary, when 
implementing the project.
    (v) Serve diverse geographic regions, such as urban, suburban, 
rural, and Tribal communities, as applicable.
    (vi) Identify and collaborate with a workgroup or committee that 
consists of the partnership with key staff in State VR agencies and 
partner programs; employers; LEAs; SEAs; CRPs; organizations and 
associations of, or representing, individuals with disabilities, 
students and youth with disabilities, parents, family members, 
guardians, advocates, other Department-funded projects, and authorized 
representatives as directed by RSA. The purpose of the workgroup or 
committee is to advise the State VR agency on project development and 
implementation, and to identify and operationalize partner activities 
that may contribute to the success of SWTCIE program participants.
    (vii) Train SWTCIE program participants and assist SWTCIE program 
participants in obtaining required credentials related to the 
identified topic areas, if applicable.
    (viii) Identify and describe the services and supports that will be 
offered to support SWTCIE program participants in promoting, accessing, 
achieving, and maintaining CIE in the proposed topic area.
    (2) Pilot the project.
    (i) Pilot the project during the second year of the project period.
    (ii) The pilot must be aimed at assessing, throughout the year, the 
crucial components of the full-scale project, including data collection 
and evaluation components, to determine whether components will be 
conducted as planned, or need to be altered.
    (3) Refine the project.
    (i) Include a process of continuous improvement to ensure that 
project activities are reviewed against the project's goals and 
objectives and refined throughout years two, three, four, and five.
    (ii) Refine the project through a process for securing feedback, 
through various methods (e.g., in-person, phone, virtual) from SWTCIE 
program participants, partners, and stakeholders, to ensure continuous 
improvement and refinement of the project throughout years two, three, 
four, and five.
    (4) Implement the project. The implementation of the project must 
include collection of baseline data prior to the start of the project 
activities (year 1), the project pilot (year 2), refinement (years 2-
5), and data collection and assessment of feedback on the plan and its 
impact (e.g., strengths and challenges) on transitioning SWTCIE program 
participants to CIE (years 2-5).
    (b) Develop a workplan, to be included with the application, that 
addresses the following:
    (1) Collection of baseline data prior to the start of project 
activities (year 1), design (year 1), pilot (year 2), refinement and 
implementation (years 2-5), data collection (years 2-5), stakeholder 
feedback (years 2-5), and evaluation on the project and its impact 
(e.g., strengths and challenges) (years 2-5) on assisting SWTCIE 
program participants;
    (2) Identification of supports (e.g., transportation, financial 
planning) for SWTCIE program participants including the rationale for 
providing the supports (e.g., if a support has an evidence base of 
improving CIE) and how the specific supports for each SWTCIE program

[[Page 15974]]

participant will be determined (unless all participants receive the 
same supports);
    (3) In consultation with the employee and their employer, 
identification of efficiencies within the employment setting that will 
be implemented to reduce burden, such as the use of modern information 
and communications technology for oversight and consultation, as an 
alternative to in-person meetings, as appropriate, and simplification 
of time-intensive process requirements;
    (4) Identification of how SWTCIE program participants will be 
provided information and support services to assist in exercising 
informed choice regarding CIE options, including but not limited to 
participation in on-the-job training, job shadowing, and internships, 
to ensure that opportunities are identified based on SWTCIE program 
participants' choices and experiences toward achieving CIE outcomes;
    (5) Identification and implementation of flexible customized 
employment strategies, such as flexible and alternative workplace 
solutions, for SWTCIE program participants, as appropriate;
    (6) Development and provision of outreach and training to SWTCIE 
program participants and, as appropriate, their parents or guardians to 
address social inclusion, supported decision-making and alternatives to 
guardianship, fair wages and hours, skills development, safe and 
healthy workplaces, and supports necessary for success (e.g., 
transportation, financial planning);
    (7) Creation of a toolkit that will contribute to the assessment of 
SWTCIE program participants' ability to manage major life skills areas, 
and which will include a self-assessment component; resources (e.g., 
agencies and organizations that assist job seekers, job boards, 
training programs); and other information that can guide users to 
replicate practices, both promising and emerging; and
    (8) Creation and dissemination of project materials in a format 
that allows States to easily replicate effective innovative strategies. 
The materials must include information about the project throughout the 
life of the project (years 2-5), including, but not limited to, 
products created, reports, effective strategies, implementation 
challenges and strategies for avoiding or overcoming these challenges, 
evaluation findings, and other relevant information as directed by RSA.
    (c) Develop and conduct an evaluation of the project's performance 
that documents the relationship between participants' engagement with 
or use of specific practices and strategies implemented by the project 
and key outcomes. Grantees must dedicate sufficient funds throughout 
the project period to cover the costs of developing, refining, and 
implementing the evaluation plan, as well as the costs associated with 
collaborating throughout the period of performance with an independent 
evaluator identified by RSA.
    In the narrative section of the application under ``Quality of the 
project evaluation,'' applicants must include an evaluation plan for 
the project. The evaluation plan must--
    (1) Identify formative and summative evaluation questions, 
including important process and outcome evaluation questions that align 
to the required project logic model.
    (2) Describe how progress in and fidelity of implementation, as 
well as project outcomes, will be measured to answer the evaluation 
questions. Specify the measures and associated instruments or sources 
for data appropriate to the evaluation questions. Include information 
regarding reliability and validity of measures where appropriate.
    (3) Describe strategies for analyzing data and how data collected 
as part of this project will be used to inform and refine the proposed 
logic model and evaluation plan, including subsequent data collection.
    (4) Provide a timeline for conducting the evaluation and include 
staff assignments for completing the plan. The timeline must indicate 
that data will be available bi-annually for the annual performance 
report (October 1-March 31) and end of year performance report (October 
1-September 30).
    (5) Collect data regarding SWTCIE program participants, including 
but not limited to, demographics and regional information.
    (6) Collect baseline data prior to the start of the project 
activities and, at a minimum, analyze the following data:
    (i) Number of entities holding or with pending applications for a 
section 14(c) certificate in the project's State;
    (ii) For SWTCIE program participants working for an entity holding 
a section 14(c) certificate in the project's State at VR application:
    (A) Number that are employed at subminimum wage;
    (B) Number that are employed in CIE;
    (C) Number that are employed in more than one job, at least one for 
subminimum wage and another in CIE;
    (D) Number of hours worked per week and hourly wage at subminimum 
wage;
    (E) Number of hours worked per week and hourly wage in CIE;
    (F) Number of hours worked per week and hourly wage in a 
combination of subminimum wage and CIE;
    (iii) For SWTCIE program participants who are youths, including 
students, with disabilities:
    (A) Number who are contemplating subminimum wage employment at VR 
application;
    (B) Hourly wage at VR application;
    (C) Number who are diverted from subminimum wage employment to CIE 
by VR case closure;
    (iv) For SWTCIE program participants at VR case closure, with 
disaggregated data for youth, including students, with disabilities:
    (A) Number that are employed at subminimum wage;
    (B) Number that are employed in CIE;
    (C) Number that are employed in more than one job, at least one for 
subminimum wage and another in CIE;
    (D) Number that exit subminimum wage employment but do not obtain 
CIE;
    (E) Number of hours worked per week and hourly wage at subminimum 
wage;
    (F) Number of hours worked per week and hourly wage in CIE;
    (G) Number of hours worked per week and hourly wage in a 
combination of subminimum wage and CIE;
    (H) Data on the effectiveness of specific VR services provided to 
SWTCIE program participants that transition to CIE;
    (I) VR services that were effective for SWTCIE program participants 
to transition from subminimum wage employment to CIE;
    (J) Strategies that were effective for SWTCIE program participants 
to exit subminimum wage employment and obtain CIE;
    (K) Strategies that were effective for SWTCIE program participants 
to transition from subminimum wage employment to a combination of 
subminimum wage employment and CIE;
    (L) Strategies that were effective in transitioning from a 
combination of subminimum wage employment and CIE to CIE only;
    (M) Strategies that helped to divert from considering subminimum 
wage employment; and
    (N) Evaluate the relationship between SWTCIE program participants' 
engagement with or use of specific practices and strategies implemented 
by the project and key outcomes.
    (7) Estimate the impact of the project on a relevant outcome.
    (8) Make broadly available the results of any evaluation(s) 
conducted of

[[Page 15975]]

funded activities, digitally and free of charge, through formal (e.g., 
peer reviewed journals) or informal (e.g., newsletters) mechanisms.
    (9) Ensure that data from the grantee's evaluation are made 
available to third-party researchers consistent with applicable privacy 
requirements.
    (10) Cooperate on an ongoing basis with any technical assistance 
provided by the Department or its contractor(s) and comply with the 
requirements of any evaluation of the program conducted by the 
Department.
    General Application Requirements:
    Applicants must identify the specific topic area (1, 2, 3, 4, 5, or 
6) under which they are applying as part of the competition title on 
the application cover sheet (SF form 424, line 4).
    Specific Application Requirements:
    In addition to meeting the absolute priority, the program and 
project application requirements, and the general application 
requirements, all applicants must include the following in their 
applications:
    (a) A detailed review of the literature that supports the potential 
effectiveness of the proposed project, its components, and processes to 
assist SWTCIE program participants to transition to CIE.
    (b) A description of the defined geographic area or areas to be 
served by the project.
    (c) A logic model that communicates how the demonstration project 
will achieve its outcomes and provides a framework for project 
evaluation. The logic model must--
    (1) Describe, at a minimum, the goals, activities, outputs, and 
intended outcomes of the proposed model demonstration project; and
    (2) Demonstrate how the proposed project components are intended to 
affect the project outcomes. Applicants must specifically note the 
proposed project activities that are supported by evidence that 
demonstrates a rationale and are depicted in the logic model.
    (d) A description of the applicant's workplan, methods, and 
criteria for implementing the project.
    (e) A cohesive, articulated model of partnership and coordination 
among the participating VR agencies, SEAs, LEAs, non-profit 
organizations, employers, and SWTCIE program participants.
    (f) A description of how the applicant developed the project in 
coordination with the partnerships between key staff in State VR 
agencies and partner programs; employers; LEAs; SEAs; CRPs; 
organizations and associations of, or representing, individuals with 
disabilities, students and youth with disabilities, parents, family 
members, guardians, and advocates to ensure the proposed project 
reflects the needs of SWTCIE program participants.
    (g) A description of the applicant's plan, methods, and criteria 
for implementing the project, including a cohesive, articulated model 
of coordination and collaboration among the identified agencies and 
organizations.
    (h) How the proposed project will--
    (1) Provide project information to potential SWTCIE program 
participants and stakeholders, including but not limited to, current 
and future employers, LEAs, and local and State VR agency 
representatives;
    (2) Identify local workforce needs that are aligned with the topic 
area;
    (3) Involve appropriate partners (e.g., employers, support 
providers, LEAs) in the project design;
    (4) Provide technical assistance or other resources (e.g., 
trainings) to partners, participants, project staff, and others as 
appropriate;
    (5) Collaborate with participating agencies and organizations; and
    (6) Develop strategies and conduct outreach activities to identify 
potential SWTCIE program participants.
    (i) Evidence, based on a needs assessment, of--
    (1) The greatest barriers to obtaining CIE for SWTCIE program 
participants in the topic area addressed by the project;
    (2) Opportunities in the local community to support SWTCIE program 
participants employed at subminimum wage to obtain CIE; and
    (3) Other CIE practices, service providers, and funding sources.
    (j) A project design and management plan that--
    (1) Addresses one or more barriers to, or opportunities for, CIE in 
the topic area, as identified in the local needs assessment or other 
data analysis; and
    (2) Uses a community-based strategy (or strategies) and measurable 
objectives for that strategy (or strategies) that can be used to 
measure progress toward the goal.
    (k) Documentation, such as letters of support that would be updated 
to MOUs prior to piloting the proposed project, that identifies the 
responsibilities that identifies the responsibilities of each partner 
in the project, including subminimum wage employers who will 
collaborate with the project efforts.
    (l) Evidence that the applicant or one of its partners has 
demonstrated the capacity to improve outcomes that are relevant to the 
topic area through experience with programs funded through other 
sources.
    (m) A description of who will be involved in developing and 
implementing the proposed activities.
    (n) Information demonstrating that the proposed project is based on 
research, where applicable, or an existing program that has been 
modified to be appropriate for SWTCIE program participants.
    (o) A description of whether the applicant's proposed project 
activities will be sustained beyond the grant performance period, and 
if so, how the applicant proposes to do so.
    (p) A description of how the proposed project will conduct 
dissemination and coordination activities to ensure accessibility to a 
broad range of stakeholders interested in obtaining, adapting, or 
replicating best practices, or models developed and implemented by the 
project. To address this requirement, the applicant must describe how 
the proposed project will broadly disseminate project findings and 
knowledge gained, successful strategies demonstrated under the topic 
area to individuals with disabilities, parents, family members, 
guardians, advocates, and authorized representatives, other Federal 
agencies, and other State and local VR agencies.
    Note: All products produced by the grantees must meet government- 
and industry-recognized standards for accessibility, including section 
508 of the Rehabilitation Act.
    (q) A description of its approach for conducting coordination and 
collaboration activities. To meet this requirement, the applicant must 
describe how it will--
    (1) Establish a community of practice in the topic area that 
focuses on the project's activities and acts as a vehicle for 
communication and exchange of information among SWTCIE program 
participants and other relevant stakeholders;
    (2) Maintain ongoing communication with the RSA project officer and 
other RSA staff as required; and
    (3) Communicate, collaborate, and coordinate, as appropriate, with 
key staff in State VR agencies and partner programs; employers; LEAs; 
SEAs; CRPs; organizations and associations of, or representing, 
individuals with disabilities, students and youth with disabilities, 
parents, family members, guardians, advocates, other Department-funded 
projects, and authorized representatives as directed by RSA.
    (r) An assurance that the grantee will participate in ongoing 
discussions, facilitated by the Department, with the other projects 
funded under this competition concerning the development of a data 
coordination plan that is common to all funded projects, including--
    (1) Evaluation questions;

[[Page 15976]]

    (2) Data collection instruments;
    (3) Synthesis and analysis of the data;
    (4) Acceptable variations across projects for the measurement of 
implementation fidelity, model acceptability, and data reliability; and
    (5) Collaborative efforts to disseminate information about the 
models. Projects must share data with the Department in the process of 
implementing the data coordination plan, such as the organization of 
data, maintaining data integrity and security, and sorting and 
organizing databases.
    Note: In addition to common data and instrumentation, applicants 
may propose in the application to collect and analyze data that are not 
commonly collected by all projects, but that support the refinement and 
implementation of their model demonstration project.
    (s) A description of the detailed documentation process that the 
applicant proposes to implement to permit model replication should the 
model be successful.

References

Guidance on the essential critical infrastructure workforce. 
Cybersecurity and Infrastructure Security Agency CISA. (n.d.). 
Retrieved from https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce
Hado, E., & Flinn, B. (2021, November). Home and community-based 
services for older adults. AARP. Retrieved from https://www.aarp.org/ppi/info-2021/home-and-community-based-services-for-older-adults.html
Infrastructure Investment and Jobs Act. Public Law 117-58, 135 Stat. 
429 (2021). https://www.govinfo.gov/app/details/PLAW-
117publ58#:~:text=An%20act%20to%20authorize%20funds,programs%2C%20and
%20for%20other%20purposes.
New report released on the Economic Impact of the Arts and Cultural 
Sector. New Report Released on the Economic Impact of the Arts and 
Cultural Sector. (2021, March 30). Retrieved from https://www.arts.gov/about/news/2021/new-report-released-economic-impact-arts-and-cultural-sector
RSA Issues FAQs related to Criterion for an Integrated Employment 
Location in the Definition of ``Competitive Integrated Employment'' 
and Participant Choice [verbar] Rehabilitation Services 
Administration. (2021, October 29). Retrieved from https://rsa.ed.gov/whats-new/rsa-issues-faqs-related-criterion-integrated-employment-location-definition-competitive
Suzanne Hultin, L.K. (2021, January 11). Covid-19: Essential Workers 
in the States. Retrieved from https://www.ncsl.org/research/labor-and-employment/covid-19-essential-workers-in-the-states.aspx
U.S. Department of Transportation, Bureau of Transportation 
Statistics. (2022). Economic Trends: Transportation Employment--
Industry. Bureau of Transportation Statistics. Retrieved from 
https://data.bts.gov/stories/s/Transportation-Economic-Trends-Transportation-Empl/caxh-t8jd/
U.S. Bureau of Labor Statistics. (2013, March 19). Green Goods and 
services news release. U.S. Bureau of Labor Statistics. Retrieved 
from https://www.bls.gov/news.release/ggqcew.htm
U.S. Department of Labor. 14(C) certificate holders. (2022, January 
1). Retrieved from https://www.dol.gov/agencies/whd/workers-with-disabilities/section-14c/certificate-holders
U.S. Department of State and U.S. Executive Office of the President. 
The long-term strategy of the United States. (2021 November). 
Retrieved from https://www.whitehouse.gov/wp-content/uploads/2021/10/US-Long-Term-Strategy.pdf

    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (5 U.S.C. 553), the Department generally offers interested parties 
the opportunity to comment on proposed priorities, selection criteria, 
definitions, and requirements. Section 437(d)(1) of GEPA, however, 
allows the Secretary to exempt from rulemaking requirements regulations 
governing the first grant competition under a new or substantially 
revised program authority. This is the first grant competition for this 
program under the authority given in the Consolidated Appropriations 
Act, 2021, and, therefore, qualifies for this exemption. In order to 
ensure timely grant awards, the Secretary has decided to forego public 
comment on the priority, requirements, definitions, and selection 
criteria under section 437(d)(1) of GEPA. The priority, requirements, 
definitions, and selection criteria will apply to the FY 2022 grant 
competition and any subsequent year in which we make awards from the 
list of unfunded applications for this competition.
    Definitions:
    For the FY 2022 grant competition and any subsequent year in which 
we make awards from the list of unfunded applications from this 
competition, in accordance with section 437(d)(1) of GEPA, we establish 
definitions of ``community of practice,'' ``competitive integrated 
employment,'' ``contemplating subminimum wage employment,'' ``essential 
workers,'' ``green jobs,'' ``home and community-based service 
workers,'' ``independent evaluation,'' ``individual with a 
disability,'' ``subminimum wage,'' ``SWTCIE program participants,'' 
``transportation industries,'' ``transportation-related industries,'' 
and ``youth with a disability.'' The remaining definitions are from 34 
CFR 77.1. The authority for each definition is noted following the text 
of the definition.
    ``Community of practice'' means a group of people who work together 
to solve a persistent problem or to improve practice in an area that is 
important to them and who deepen their knowledge and expertise by 
interacting on an ongoing basis. Communities of practice exist in many 
forms, some large in scale that deal with complex problems, others 
small in scale that focus on a problem at a very specific level. See 
http://www.wintac.org/cop for examples of communities of practice 
established through other RSA grants. (Section 437(d)(1) of GEPA.)
    ``Competitive integrated employment'' means work that--
    (i) Is performed on a full-time or part-time basis (including self-
employment) and for which an individual is compensated at a rate that--
    (A) Is not less than the higher of the rate specified in section 
6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) 
or the rate required under the applicable State or local minimum wage 
law for the place of employment;
    (B) Is not less than the customary rate paid by the employer for 
the same or similar work performed by other employees who are not 
individuals with disabilities and who are similarly situated in similar 
occupations by the same employer and who have similar training, 
experience, and skills; and
    (C) In the case of an individual who is self-employed, yields an 
income that is comparable to the income received by other individuals 
who are not individuals with disabilities and who are self-employed in 
similar occupations or on similar tasks and who have similar training, 
experience, and skills; and
    (D) Is eligible for the level of benefits provided to other 
employees; and
    (ii) Is at a location--
    (A) Typically found in the community; and
    (B) Where the employee with a disability interacts for the purpose 
of performing the duties of the position with other employees within 
the particular work unit and the entire work site, and, as appropriate 
to the work performed, other persons (e.g., customers and vendors), who 
are not individuals with disabilities (not including supervisory 
personnel or individuals who are providing services to such employee) 
to the same extent that employees who are not individuals with 
disabilities and who are in

[[Page 15977]]

comparable positions interact with these persons; and
    (iii) Presents, as appropriate, opportunities for advancement that 
are similar to those for other employees who are not individuals with 
disabilities and who have similar positions. (Section 437(d)(1) of 
GEPA.)
    ``Contemplating subminimum wage employment'' means that the SWTCIE 
project participant has in mind, as a probable though not certain 
intention, to enter subminimum wage employment. (Section 437(d)(1) of 
GEPA.)
    ``Demonstrates a rationale'' means a key project component included 
in the project's logic model is informed by research or evaluation 
findings that suggest the project component is likely to improve 
relevant outcomes. (34 CFR 77.1.)
    ``Essential workers'' \3\ are those who conduct a range of 
operations and services that are typically essential to continue 
critical infrastructure operations. (Section 437(d)(1) of GEPA.)
---------------------------------------------------------------------------

    \3\ U.S. Department of Homeland Security Cybersecurity; 
Infrastructure Security Agency. (2020, March 28). CISA guidance on 
essential critical infrastructure workers. Advisory Memorandum on 
Identification of Essential Critical Infrastructure Workers During 
COVID-19 Response. Retrieved December 2, 2021, from https://www.cisa.gov/sites/default/files/publications/Version_3.0_CISA_Guidance_on_Essential_Critical_Infrastructure_Workers_1.pdf.
---------------------------------------------------------------------------

    ``Green jobs'' \4\ are jobs in businesses that produce goods or 
provide services that benefit the environment or conserve natural 
resources or are jobs in which workers' duties involve making their 
establishment's production processes more environmentally friendly or 
use fewer natural resources. (Section 437(d)(1) of GEPA.)
---------------------------------------------------------------------------

    \4\ U.S. Bureau of Labor Statistics. (n.d.). Overview of the BLS 
green jobs initiative. U.S. Bureau of Labor Statistics. Retrieved 
November 16, 2021, from https://www.bls.gov/green/home.htm.
---------------------------------------------------------------------------

    ``Home and community-based service (HCBS) workers'' \5\ are those 
who provide a type of person-centered care delivered in the home and 
community. A variety of health and human services can be provided. HCBS 
workers address the needs of people with functional limitations who 
need assistance with everyday activities, like getting dressed or 
bathing. HCBS workers often enable people to stay in their homes, 
rather than moving to a facility for care. (Section 437(d)(1) of GEPA.)
---------------------------------------------------------------------------

    \5\ Medicare and Medicaid Services, Home- and Community-Based 
Services, https://www.cms.gov/Outreach-and-Education/American-Indian-Alaska-Native/AIAN/LTSS-TA-Center/info/hcbs.
---------------------------------------------------------------------------

    ``Independent evaluation'' means an evaluation that is designed and 
carried out independent of, and external to, the grantee but in 
coordination with any employees of the grantee who develop a process, 
product, strategy, or practice that is currently being implemented as 
part of the grant's activities. (Section 437(d)(1) of GEPA.)
    ``Individual with a disability'' means an individual who--
    (a) Has a physical or mental impairment that for such individual 
constitutes or results in a substantial impediment to employment; and
    (b) Can benefit in terms of an employment outcome from vocational 
rehabilitation services provided pursuant to Title I, III, or VI of the 
Rehabilitation Act. (Section 437(d)(1) of GEPA.)
    ``Logic model'' (also referred to as a theory of action) means a 
framework that identifies key project components of the proposed 
project (i.e., the active ``ingredients'' that are hypothesized to be 
critical to achieving the relevant outcomes) and describes the 
theoretical and operational relationships among the key project 
components and relevant outcomes. (34 CFR 77.1.)
    ``Project component'' means an activity, strategy, intervention, 
process, product, practice, or policy included in a project. Evidence 
may pertain to an individual project component or to a combination of 
project components (e.g., training teachers on instructional practices 
for English learners and follow-on coaching for these teachers). (34 
CFR 77.1.)
    ``Relevant outcome'' means the student outcome(s) or other 
outcome(s) the key project component is designed to improve, consistent 
with the specific goals of the program. (34 CFR 77.1.)
    ``Subminimum wage'' means an amount less than the Federal minimum 
wage, as determined by the U.S. Department of Labor. (Section 437(d)(1) 
of GEPA.)
    ``SWTCIE program participants'' means individuals with 
disabilities, including students and youth with disabilities, working 
at subminimum wage or contemplating subminimum wage employment with an 
entity holding a section 14(c) certificate, regardless of whether they 
have applied, or been determined eligible, for the VR program, or have 
a signed Individualized Plan for Employment. These participants must be 
willing to pursue opportunities in CIE. (Section 437(d)(1) of GEPA.)
    ``Transportation industries'' \6\ means industries related to the 
for-hire transportation and warehousing sector, such as air, rail, 
water, and truck transportation. (Section 437(d)(1) of GEPA.)
---------------------------------------------------------------------------

    \6\ Transportation Economic Trends: Transportation Employment--
Industry (www.bts.gov).
---------------------------------------------------------------------------

    ``Transportation-related industries'' \7\ means industries outside 
the for-hire transportation and warehousing sector, such as motor 
vehicle parts manufacturing and Federal and State Departments of 
Transportation. (Section 437(d)(1) of GEPA.)
---------------------------------------------------------------------------

    \7\ Transportation Economic Trends: Transportation Employment--
Industry (www.bts.gov).
---------------------------------------------------------------------------

    ``Youth(s) with a disability'' means an individual(s) with a 
disability who is not--
    (1) Younger than 14 years of age; and
    (2) Older than 24 years of age.

(Section 437(d)(1) of GEPA.)
    Program Authority: Consolidated Appropriations Act, 2021 (Pub. L. 
116-260), 134 Stat. 1602.
    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in Federal 
civil rights laws.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 
97, 98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 
2 CFR part 180, as adopted and amended as regulations of the Department 
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards (Uniform 
Guidance) in 2 CFR part 200, as adopted and amended as regulations of 
the Department in 2 CFR part 3474.

II. Award Information

    Type of Award: Discretionary grants negotiated as cooperative 
agreements.
    Estimated Available Funds: $167,327,358.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2023 from the list of 
unfunded applications from this competition.
    Estimated Range of Awards: $3,548,387 to $13,943,946 (frontloaded 
for the 60-month project period).
    Estimated Average Size: $8,971,973.
    Maximum Award: We will not make an award exceeding $13,943,946 for 
a single budget period of 60 months.
    Estimated Number of Awards: 12 (if all awards are made at the 
maximum award amount) to 18 (if all awards are made at the estimated 
average size).
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 60 months.

[[Page 15978]]

    Note: The Final Performance Report must be completed and submitted 
by the end of the project period, September 30, 2027. Therefore, the 
proposed project must complete core project activities to allow 
sufficient time for the evaluation and final performance report to be 
completed and submitted by the end of the project period on September 
30, 2027.
    Note: Applicants under this competition are required to provide 
detailed budget information for the total grant period, including 
detailed budget information for each of the five years of the proposed 
project.

III. Eligibility Information

    1. Eligible Applicants: State VR agencies, excluding State VR 
agencies in States that have completely phased out subminimum wage 
employment.
    2. a. Cost Sharing or Matching: This competition does not require 
cost sharing or matching.
    b. Indirect Cost Rate Information: This program uses an 
unrestricted indirect cost rate. For more information regarding 
indirect costs, or to obtain a negotiated indirect cost rate, please 
see www2.ed.gov/about/offices/list/ocfo/intro.html.
    c. Administrative Cost Limitation: This program does not include 
any program-specific limitation on administrative expenses. All 
administrative expenses must be reasonable and necessary and conform to 
the Cost Principles described in 2 CFR part 200 subpart E of the 
Uniform Guidance.
    Note: All administrative expenses incurred under the DIF program 
must be reasonable and necessary for the administration of the DIF 
program and must conform to the requirements of the Federal Cost 
Principles described in 2 CFR 200.403 through 200.405. This means that 
the administrative costs incurred must be necessary and reasonable for 
the performance of the DIF award and must be allocable to that award. 
Although in certain circumstances, participants served and services 
provided are the same under both the VR and DIF programs, these 
programs are separate and distinct Federal programs with separate and 
distinct funding streams and requirements. As such, when allocating 
administrative costs between the DIF and VR programs, grantees must 
allocate the costs in accordance with the requirements of 2 CFR 
200.405. This means that both VR and DIF program funds could be used to 
pay administrative costs associated with staff time providing services; 
however, with respect to those administrative activities limited to the 
DIF program, such as submitting progress reports, grantees must use 
only DIF program funds (or other State funds) to pay these costs. VR 
program funds and non-Federal funds used for match under the VR program 
can only pay for allowable costs under the VR program, including 
administrative costs, in accordance with 2 CFR 200.403 through 200.405.
    3. Subgrantees: Under the Consolidated Appropriations Act, 2021, a 
grantee under this competition may award subgrants for a portion of the 
funds to other public and private, nonprofit entities to directly carry 
out project activities described in the grantee's application. Under 34 
CFR 75.708(b) and (c), a grantee under this competition may award 
subgrants--to directly carry out project activities described in its 
application--to the following types of entities: Public and private, 
non-profit entities, LEAs, SEAs, and institutions of higher education. 
The grantee may award subgrants to entities it has identified in an 
approved application.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
follow the Common Instructions for Applicants to Department of 
Education Discretionary Grant Programs, published in the Federal 
Register on December 27, 2021 (86 FR 73264) and available at 
www.federalregister.gov/d/2021-27979, which contain requirements and 
information on how to submit an application. Please note that these 
Common Instructions supersede the version published on February 13, 
2019, and, in part, describe the transition from the requirement to 
register in SAM.gov a DUNS number to the implementation of the UEI. 
More information on the phase-out of DUNS numbers is available at 
https://www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the Disability 
Innovation Fund, your application may include business information that 
you consider proprietary. In 34 CFR 5.11 we define ``business 
information'' and describe the process we use in determining whether 
any of that information is proprietary and, thus, protected from 
disclosure under Exemption 4 of the Freedom of Information Act (5 
U.S.C. 552, as amended).
    Because we plan to make successful applications available to the 
public, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you believe is exempt from disclosure 
under Exemption 4. In the appropriate Appendix section of your 
application, under ``Other Attachments Form,'' please list the page 
number or numbers on which we can find this information. For additional 
information please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. 
Information about Intergovernmental Review of Federal Programs under 
Executive Order 12372 is in the application package for this 
competition.
    4. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    5. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 45 pages and (2) use the 
following standards:
    <bullet> A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
    <bullet> Double space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
    <bullet> Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
    <bullet> Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The recommended page limit does not apply to the cover sheet; the 
budget section, including the narrative budget justification; the 
assurances and certifications; or the one-page abstract, the resumes, 
the bibliography, or the letters of support. However, the recommended 
page limit does apply to all of the application narrative.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210 or are established for the FY 2022 grant 
competition and any subsequent year in which we make awards from the 
list of unfunded applications from this competition, in accordance with 
section 437(d)(1) of GEPA, and are as follows:

[[Page 15979]]

    (a) Need for project and significance of the project (10 points)
    (1) The Secretary considers the need for the proposed project and 
the significance of the proposed project.
    (2) In determining the need for the proposed project and the 
significance of the proposed project, the Secretary considers the 
following factors:
    (i) The national significance of the proposed project.
    (ii) The magnitude of the need for the services to be provided or 
the activities to be carried out by the proposed project.
    (iii) The extent to which the proposed project is likely to build 
local capacity to provide, improve, or expand services that address the 
needs of the target population.
    (b) Quality of the project design (20 points)
    (1) The Secretary considers the quality of the design of the 
proposed project.
    (2) In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable.
    (ii) The extent to which the design of the proposed project 
reflects up-to-date knowledge from research and effective practice.
    (iii) The extent to which the results of the proposed project are 
to be disseminated in ways that will enable others to use the 
information or strategies.
    (iv) The extent to which the proposed project represents an 
exceptional approach to the priority or priorities established for the 
competition.
    (v) The extent to which performance feedback and continuous 
improvement are integral to the design of the proposed project.
    (c) Quality of project services (20 points)
    (1) The Secretary considers the quality of the services to be 
provided by the proposed project.
    (2) In determining the quality of services to be provided by the 
proposed project, the Secretary considers the quality and sufficiency 
of strategies for ensuring equal access and treatment for eligible 
project participants who are members of groups that have traditionally 
been underrepresented based on race, color, national origin, gender, 
age, or disability.
    (3) In addition, the Secretary considers the following factors:
    (i) The extent to which the services to be provided by the proposed 
project involve the collaboration of appropriate partners for 
maximizing the effectiveness of project services.
    (ii) The extent to which the services to be provided by the 
proposed project are appropriate to the needs of the intended 
recipients or beneficiaries of those services.
    (iii) The likely impact of the services to be provided by the 
proposed project on the intended recipients of those services.
    (iv) The likelihood that the services to be provided by the 
proposed project will lead to improvements in skills necessary to 
obtain CIE.
    (d) Quality of the project evaluation (20 points)
    (1) The Secretary considers the quality of the evaluation to be 
conducted of the proposed project.
    (2) In determining the quality of the evaluation, the Secretary 
considers the following factors:
    (i) The extent to which the methods of evaluation are thorough, 
feasible, and appropriate to the goals, objectives, and outcomes of the 
proposed project.
    (ii) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data to the extent possible.
    (iii) The extent to which the evaluation will provide performance 
feedback and permit periodic assessment of progress toward achieving 
intended outcomes.
    (iv) The extent to which the methods of evaluation will, if well 
implemented, produce promising evidence (as defined in 34 CFR 77.1(c)) 
about the project's effectiveness.
    (e) Quality of project personnel (15 points)
    (1) The Secretary considers the quality of the personnel who will 
carry out the proposed project.
    (2) In determining the quality of project personnel, Secretary 
considers the extent to which the applicant encourages 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.
    (3) In addition, the Secretary considers the following factors:
    (i) The qualifications, including relevant training and experience, 
of the project director or principal investigator.
    (ii) The qualifications, including relevant training and 
experience, of key project personnel.
    (iii) The extent to which the time commitments of the project 
director and principal investigator and other key personnel are 
appropriate and adequate to meet the objectives of the proposed 
project.
    (f) Adequacy of resources (15 points)
    (1) The Secretary considers the adequacy of resources for the 
proposed project.
    (2) In determining the adequacy of resources for the proposed 
project, the Secretary considers the following factors:
    (i) The relevance and demonstrated commitment of each partner in 
the proposed project to the implementation and success of the project.
    (ii) The extent to which the costs are reasonable in relation to 
the number of persons to be served and to the anticipated results and 
benefits.
    (iii) The potential for the incorporation of project purposes, 
activities, or benefits into the ongoing program of the agency or 
organization at the end of the Federal funding.
    (iv) The adequacy of support, including facilities, equipment, 
supplies, and other resources, from the applicant organization or the 
lead applicant organization.
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.206, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
200.208, the Secretary may impose specific conditions and, under 2 CFR 
3474.10, in appropriate circumstances, high-risk conditions on a grant 
if the applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not

[[Page 15980]]

fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.206(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through the System for Award Management. You may 
review and comment on any information about yourself that a Federal 
agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.
    5. In General: In accordance with the Office of Management and 
Budget's guidance located at 2 CFR part 200, all applicable Federal 
laws, and relevant Executive guidance, the Department will review and 
consider applications for funding pursuant to this notice inviting 
applications in accordance with:
    (a) Selecting recipients most likely to be successful in delivering 
results based on the program objectives through an objective process of 
evaluating Federal award applications (2 CFR 200.205);
    (b) Prohibiting the purchase of certain telecommunication and video 
surveillance services or equipment in alignment with section 889 of the 
National Defense Authorization Act of 2019 (Pub. L. 115--232) (2 CFR 
200.216);
    (c) Providing a preference, to the extent permitted by law, to 
maximize use of goods, products, and materials produced in the United 
States (2 CFR 200.322); and
    (d) Terminating agreements in whole or in part to the greatest 
extent authorized by law if an award no longer effectuates the program 
goals or agency priorities (2 CFR 200.340).

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit semiannual 
and annual performance reports that provide the most current 
performance and financial expenditure information as directed by the 
Secretary under 34 CFR 75.118. The Secretary may also require more 
frequent performance reports under 34 CFR 75.720(c). For specific 
requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee 
with additional funding for data collection and reporting. In this 
case, the Secretary establishes a data collection period.
    5. Performance Measures: For this competition, the Department has 
established the following performance measures for the purpose of 
Department reporting under 34 CFR 75.110.
    (a) The percent of project participants who transition from 
subminimum wage employment to CIE; and
    (b) The percent of project participants who are contemplating 
subminimum wage employment for the first time but are redirected to 
CIE.
    These performance measures are consistent with, and included in, 
the performance measures in paragraphs (c)(5) and (6) of the Program 
and Project Application Requirements.
    6. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: Whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, whether 
the grantee has made substantial progress in achieving the performance 
targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document and a copy of the application package in an 
accessible format. The Department will provide the requestor with an 
accessible format that may include Rich Text Format (RTF) or text 
format (txt), a thumb drive, an MP3 file, braille, large print, 
audiotape, or compact disc, or other accessible format.

[[Page 15981]]

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

Katherine Neas,
Deputy Assistant Secretary. Delegated the authority to perform the 
functions and duties of the Assistant Secretary for the Office of 
Special Education and Rehabilitative Services.
[FR Doc. 2022-05974 Filed 3-18-22; 8:45 am]
BILLING CODE 4000-01-P


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