Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15889 

designated representative via VHF radio 

on channel 16, to request authorization. 

If authorization is granted, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the COTP Charleston or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Broadcast 

Notice to Mariners, or by on-scene 

designated representatives. 

(d) Enforcement Period. This rule will 

be enforced from 7:30 a.m. until 11 a.m., 

on April 2, 2022. 

Dated: March 12, 2022. 

J.D. Cole, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2022–05779 Filed 3–18–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 361 

[Docket ID ED–2019–OSERS–0140] 

State Vocational Rehabilitation 

Services Program 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Final interpretation. 

SUMMARY: The U.S. Department of 

Education (Department) issues this final 

notification of interpretation (NOI) in 

response to comments made on the NOI 

published in the Federal Register on 

February 28, 2020. That NOI became 

effective on the date it was issued and 

clarified current policy regarding the 

permissibility of using funds reserved 

for pre-employment transition services 

for auxiliary aids and services, and it 

announced a change in policy regarding 

the use of Federal vocational 

rehabilitation (VR) funds reserved for 

the provision of pre-employment 

transition services. The Department’s 

policy expressed in this final NOI is 

unchanged from that in the NOI 

published on February 28, 2020. 

DATES: This final interpretation is 

issued: March 21, 2022. Pursuant to the 

NOI, this interpretation is applicable as 

of February 28, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Carol Dobak, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Room 5153, Potomac Center Plaza, 

Washington, DC 20202–0001. 

Telephone: (202) 245–7325. Email: 

Carol.Dobak@ed.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The amendments to the Rehabilitation 

Act of 1973 (Rehabilitation Act) made 

by title IV of the Workforce Innovation 

and Opportunity Act (WIOA) place 

heightened emphasis on the provision 

of services to students and youth with 

disabilities to ensure that they have 

meaningful opportunities to receive the 

training and other services they need to 

achieve employment outcomes in 

competitive integrated employment. 

The Rehabilitation Act, as amended by 

WIOA, expanded not only the 

population of students with disabilities 

who may receive services under the VR 

program but also the kinds of services 

the designated State units (DSUs) may 

provide to these students with 

disabilities who are transitioning from 

school to postsecondary education and 

employment. 

Most notably, section 110(d)(1) of the 

Rehabilitation Act and 34 CFR 

361.65(a)(3)(i) requires States to reserve 

at least 15 percent of their Federal VR 

grant for the provision of preemployment transition services. Section 

113(a) of the Rehabilitation Act and 34 

CFR 361.48(a) require DSUs for the VR 

program to use the reserved funds to 

provide, or arrange for the provision of, 

pre-employment transition services to 

all students with disabilities in need of 

such services who are eligible or 

potentially eligible for services under 

the VR program. 

Section 113(b) of the Rehabilitation 

Act and 34 CFR 361.48(a)(2) list the five 

required pre-employment transition 

services that DSUs, in collaboration 

with local educational agencies (LEAs), 

must make available to students with 

disabilities in need of these services. 

These services are— 

• Job exploration counseling; 

• Work-based learning experiences, 

which may include in-school or after 

school opportunities, or experience 

outside the traditional school setting 

(including internships), that are 

provided in an integrated environment 

to the maximum extent possible; 

• Counseling on opportunities for 

enrollment in comprehensive transition 

or postsecondary educational programs 

at institutions of higher education; 

• Workplace readiness training to 

develop social skills and independent 

living; and 

• Instruction in self-advocacy, which 

may include peer mentoring. 

Pre-employment transition services 

represent the earliest set of services 

available for students with disabilities 

under the VR program, are short-term in 

nature, and are designed to help 

students identify career interests. 

Following implementation of the preemployment transition services 

requirements, the Department received 

comments from DSUs and other 

stakeholders regarding: (1) The need for 

further clarification about the extent to 

which funds reserved for the provision 

of pre-employment transition services 

may be used to pay for auxiliary aids 

and services; and (2) the ability of States 

to reserve and expend at least 15 

percent of their VR grants on the 

provision of pre-employment transition 

services under the Department’s general 

interpretation of the statutory 

requirements related to the allowable 

use of funds. Specifically, DSUs and 

stakeholders asked if funds reserved for 

pre-employment transition services may 

be used to cover the costs of auxiliary 

aids and services provided directly to 

students with disabilities as well as 

other VR services, such as 

transportation, tuition for postsecondary 

education, rehabilitation technology, 

and job coaching. 

On February 28, 2020, the Department 

published an NOI in the Federal 

Register (85 FR 11848) to clarify current 

policy regarding the permissibility of 

using funds reserved for preemployment transition services for 

auxiliary aids and services, and to 

announce a change in policy regarding 

the use of Federal VR funds reserved for 

pre-employment transition services. 

There are no changes between the 

original interpretation published on 

February 28, 2020, and this final 

interpretation. Through this document, 

the Department also rescinds the Dear 

Director email transmitted to VR 

agencies on December 28, 2016, 

regarding the use of reserved funds for 

the provision of auxiliary aids and 

services because the substance of that 

email was incorporated into and 

clarified by the February 28, 2020, NOI. 

Public Comment: In response to our 

invitation in the NOI, 26 parties 

submitted comments. 

Analysis of Comments and Changes: 

An analysis of the comments on the 

interpretation since its publication 

follows. We do not address comments 

that raised concerns not directly related 

to the interpretation. 

Support for Interpretation 

Comments: Commenters generally 

expressed appreciation for the 

flexibilities described in the NOI. Some 

commenters noted that the flexibilities 

would allow students with the most 

significant disabilities to benefit from 

the expansion of services needed to 

access and support the provision of preemployment transition services. One 

commenter stated that the new 


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15890 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 

flexibilities would promote 

accountability and strengthen 

partnership with schools and 

employers. 

Discussion: The Department 

appreciates the positive comments and 

feedback regarding this interpretation. 

Changes: None. 

Use of Reserved Funds for Certain 

Services 

Comments: Commenters stated that 

postsecondary tuition and fees should 

be an allowable cost under preemployment transition services, 

indicating that the Department’s 

interpretation was too narrow, and that 

postsecondary training aligns with 

workplace readiness training under the 

five required activities and also falls 

under authorized activities. 

Discussion: The Department disagrees 

that the interpretation is too narrow or 

unnecessarily restrictive. Preemployment transition services, 

including work readiness training, 

represent the earliest activities in career 

exploration and are designed to assist 

students with disabilities to identify 

their employment goals. On the other 

hand, financial support for 

postsecondary education tuition and 

fees, as authorized by section 103(a)(5) 

of the Rehabilitation Act and 34 CFR 

361.48(b)(6), is provided to individuals 

transitioning from secondary school to 

postsecondary education for purposes of 

achieving a specific employment 

outcome. Therefore, we continue to 

maintain that tuition and fees for 

postsecondary education are outside the 

nature, scope, and purpose of preemployment transition services and the 

required activities specified in section 

113(b) of the Rehabilitation Act and 34 

CFR 361.48(a)(2). 

In addition, those authorized 

activities listed in section 113(c) of the 

Rehabilitation Act and 34 CFR 

361.48(a)(3) are systemic in nature and 

encompass strategies the DSUs develop 

and use for the delivery of preemployment transition services. In other 

words, given the systemic nature of the 

authorized services listed in section 

113(c) of the Rehabilitation Act and 34 

CFR 361.48(a)(3), they are not services 

that are provided directly to students 

with disabilities, but rather facilitate the 

systemic delivery of pre-employment 

transition services. Because financial 

support for postsecondary education 

tuition and fees is a service provided 

directly to eligible individuals with 

disabilities on an individual basis under 

an individualized plan for employment 

(IPE), this service is not within the 

scope of the authorized activities in 

section 113(c) of the Rehabilitation Act 

and 34 CFR 361.48(a)(3). 

For these reasons, a DSU may not use 

the funds reserved for the provision of 

pre-employment transition services to 

pay for tuition and other costs of 

attending postsecondary education, 

since this is not among those activities 

that are required or authorized under 

section 113 of the Rehabilitation Act 

and 34 CFR 361.48(a), and this service 

is not necessary for a student with a 

disability to access or participate in one 

of the required pre-employment 

transition services listed in section 

113(b) of the Rehabilitation Act and 34 

CFR 361.48(a)(2). 

Changes: None. 

Comments: One commenter 

emphasized the importance of driver 

education training and suggested that it 

be considered as an allowable service 

under workplace readiness training. 

Discussion: Whether driver education 

may be considered to be within the 

scope of workplace readiness training 

(i.e., development of social skills and 

independent living) for the purposes of 

section 113(b) of the Rehabilitation Act 

and 34 CFR 361.48(a)(2) depends on the 

circumstances under which this service 

is provided to any student with a 

disability. Consistent with the Federal 

cost principles at 2 CFR 200.403 

through 200.405, costs incurred with the 

funds reserved under section 110(d)(1) 

of the Rehabilitation Act and 34 CFR 

361.65(a)(3)(i) must be— 

• Necessary for the provision or 

receipt of pre-employment transition 

services; 

• Reasonable, that is, those that a 

prudent person would agree are 

necessary for the provision or receipt of 

pre-employment transition services; and 

• Allocable, that is, those that benefit 

the provision or receipt of preemployment transition services. 

Thus, students with disabilities, 

regardless of whether they have been 

determined eligible or have an IPE, for 

example, who live in rural areas lacking 

public transportation, may need to learn 

to drive to enhance their independence 

and ability to explore a wider range of 

career options. Under this circumstance, 

it may be reasonable to determine that 

driver’s education would be within the 

scope of workplace readiness training as 

described in section 113(b) and 34 CFR 

361.48(a)(2) and allocate the cost of this 

service to the funds reserved for the 

provision of pre-employment transition 

services. 

However, some students with 

disabilities may require more advanced 

driver’s education to obtain 

employment involving public or 

commercial transportation (e.g., bus or 

commercial truck driver). It would not 

be reasonable to conclude that this 

advanced driver’s education is within 

the scope of pre-employment transition 

services as workplace readiness training 

when students have chosen a specific 

career for which advanced driver’s 

education and a special driver’s license 

is required. Rather, such a service 

would be considered a job training 

service provided pursuant to section 

103(a)(5) of the Rehabilitation Act and 

34 CFR 361.48(b)(6). Under this 

circumstance, this service must be 

provided using funds for other VR 

services (i.e., funds not reserved for the 

provision of pre-employment transition 

services) to support the eligible student 

with a disability’s specific employment 

goal under an approved IPE. 

Changes: None. 

Use of Reserved Funds for Auxiliary 

Aids and Services 

Comments: Several commenters 

recommended that we consider job 

coaching an auxiliary aid and service 

and that we not limit the availability of 

this service to students with significant 

disabilities who apply and are 

determined eligible to receive this 

service under an IPE. Commenters also 

requested clarification about the 

differences between job coaches and 

work site trainers. 

Discussion: ‘‘Auxiliary aids and 

services,’’ under the Americans with 

Disabilities Act’s (ADA) title II 

implementing regulations in 28 CFR 

35.104, include services such as the 

acquisition or modification of 

equipment or devices, or other effective 

methods, to make aurally delivered 

information available to individuals 

who are deaf or hard of hearing, or 

visually delivered materials available to 

individuals who are blind or have low 

vision. The definition of ‘‘auxiliary aids 

and services’’ includes effective 

methods of delivering materials in an 

alternative format for individuals who 

are deaf or hard of hearing, or who are 

blind or have low vision, which are 

distinct from job coaching services 

designed to assist individuals with 

disabilities perform on-the-job tasks. 

Thus, job coaching services are not 

within the scope of auxiliary aids and 

services for the purpose of providing 

access to pre-employment transition 

services using funds reserved under 

section 110(d) of the Rehabilitation Act. 

The Department disagrees with the 

commenter’s suggestion that job 

coaching should be considered an 

auxiliary aid and service. It has been 

and continues to be the Department’s 

interpretation, as stated in the NOI, that 

DSUs may use funds reserved for the 


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Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15891 

provision of pre-employment transition 

services to pay for auxiliary aids and 

services needed by all students with 

disabilities with sensory and 

communicative disorders who need 

such aids and services to access or 

participate in pre-employment 

transition services (85 FR at 11849– 

11850). 

In addition, the Department disagrees 

that funds reserved for the provision of 

pre-employment transition services 

should be used to pay for costs of job 

coaching needed by all students with 

disabilities, regardless of whether they 

have applied and been determined 

eligible for the VR program and have an 

approved IPE. There is no authority 

under the Rehabilitation Act to provide 

job coaching or other coaching services 

to students with disabilities who do not 

have an approved IPE. As stated in the 

NOI, DSUs may provide any service that 

an eligible individual needs to achieve 

an employment outcome in accordance 

with an approved IPE. In the context of 

pre-employment transition services, one 

such service is coaching services for 

eligible students with disabilities 

participating in work-based learning 

experiences under section 113(b)(2) and 

34 CFR 361.48(a)(2)(ii). These coaches 

perform functions similar to job coaches 

in supported employment settings by 

assisting the eligible student with a 

disability to perform the tasks assigned 

during the work-based learning 

experiences. While these particular 

coaching services are not specifically 

listed in section 103(a), they would be 

considered allowable VR services under 

section 103(a) and 34 CFR 361.48(b)(21) 

if needed by an eligible student with a 

disability, in accordance with an 

approved IPE, to participate in preemployment transition services. Given 

that pre-employment transition services 

are among the earliest types of services 

available to students with disabilities, it 

is reasonable to expect that these 

eligible students may need extra 

assistance through coaching services to 

participate in these activities and, thus, 

these coaching services would be 

allocable to those pre-employment 

transition services. Therefore, DSUs 

may use funds reserved for the 

provision of pre-employment transition 

services to pay for the costs of coaching 

services when needed by eligible 

students with disabilities to participate 

in a work-based learning experience 

pursuant to an IPE, and when costs 

would be reasonable and allocable to 

the provision of pre-employment 

transition services in accordance with 

requirements governing Federal cost 

principles. 

Changes: None. 

Administrative Costs 

Comments: One commenter 

recommended that the 15 percent 

reserve be used to fulfill data collection 

requirements associated with preemployment transition services. 

Discussion: The Department 

acknowledges the recommendation; 

however, fulfilling data collection 

requirements associated with preemployment transition services is an 

administrative cost and section 

110(d)(2) of the Rehabilitation Act and 

34 CFR 361.65(a)(3)(ii)(B) prohibit the 

use of funds reserved for preemployment transition services to pay 

for administrative costs . DSUs can use 

other VR grant funds not reserved for 

the provision of pre-employment 

transition services to pay these 

administrative costs. 

Changes: None. 

Services for Potentially Eligible Students 

With Disabilities 

Comments: A few commenters 

emphasized the need for additional 

flexibilities surrounding the 15 percent 

reserve funds and allowable services. 

Specifically, they commented on the 

importance of foreign language 

interpreters and transportation services 

for potentially eligible students and 

their families to facilitate access to preemployment transition services. 

Discussion: The Department 

appreciates the comments related to the 

scope and types of services that may be 

charged to the minimum of 15 percent 

reserved funds for pre-employment 

transition services for potentially 

eligible and eligible students with 

disabilities. We believe the issue of 

foreign language interpreters is different 

from that of transportation and must be 

handled separately. Section 101(a)(7)(C) 

of the Rehabilitation Act and 34 CFR 

361.18 require States to assure in the VR 

services portions of their Unified or 

Combined State Plans that they will 

establish and maintain minimum 

standards to ensure DSU personnel or 

other individuals are available to 

communicate in the native language or 

mode of communication of applicants, 

recipients of VR services, and eligible 

individuals. As such, it is the 

responsibility of the DSUs to ensure that 

their staff are trained to communicate in 

the native language of VR program 

participants, including students with 

disabilities receiving pre-employment 

transition services. If such staff are not 

available because of personnel turnover 

or other reasons, it would be necessary 

and reasonable under the Federal cost 

principles for a DSU to use VR funds to 

pay for such an interpreter so that the 

individual with a disability could access 

the service. This would be true for any 

student with a disability who needs 

such interpreter services to access preemployment transition services. 

However, these expenditures would be 

considered administrative costs to the 

VR agency. As such, they may not be 

paid with funds reserved for the 

provision of pre-employment transition 

services since these reserved funds may 

not be used to pay for administrative 

costs, pursuant to section 110(d)(2) of 

the Rehabilitation Act, regardless of 

whether the student with a disability 

has been determined eligible for the VR 

program. 

With respect to transportation costs to 

and from the pre-employment transition 

services, whether a DSU may use funds 

reserved for the provision of preemployment transition services for these 

expenditures depends on whether the 

student with a disability has been 

determined eligible for the VR program 

and whether he or she has an approved 

IPE. For potentially eligible students 

with disabilities, the DSU may provide 

only the five required pre-employment 

transition services in section 113(b) of 

the Rehabilitation Act, as well as 

auxiliary aids and services, as 

appropriate. As such, funds reserved for 

the provision of pre-employment 

transition services may be used to cover 

only these costs with respect to those 

students with disabilities who have not 

yet been determined eligible for the VR 

program and who do not have an 

approved IPE (i.e., potentially eligible 

students with disabilities). Any other 

VR service (e.g., transportation) needed 

by a student with a disability to 

participate in pre-employment 

transition services could only be 

provided once the student with a 

disability has been determined eligible 

for the VR program and has an approved 

IPE that lists the other service as 

necessary for the participation in preemployment transition services. 

Therefore, transportation for potentially 

eligible students with disabilities would 

not be chargeable to the reserved funds. 

By contrast, for eligible students with 

disabilities, section 103(a) of the 

Rehabilitation Act authorizes the 

provision of VR services under an IPE. 

To the extent that transportation 

services are necessary to support the 

eligible student with a disability’s 

participation in pre-employment 

transition services and are identified on 

the IPE, the reasonable cost of such 

services may be charged to the reserved 

funds. 

Changes: None. 


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Order of Selection 

Comments: Two commenters noted a 

need to extend the flexibilities 

described in the interpretation to 

students determined eligible for VR 

services but who are placed on a waiting 

list due to a State’s implementation of 

an order of selection. 

Discussion: As noted in existing 

guidance, if a student with a disability 

begins one or more of the required preemployment transition service activities 

prior to being determined eligible for VR 

services, the eligible student with a 

disability may continue to receive all 

pre-employment transition services 

even if the student is assigned to a 

closed order of selection category. In 

addition to the pre-employment 

transition services, the student may 

participate in group transition services, 

as described in section 103(b)(7) of the 

Rehabilitation Act and in accordance 

with 34 CFR 361.49(a)(7), while in a 

closed order of selection category. For a 

student with a disability who has not 

begun receiving pre-employment 

transition services and has been 

determined eligible for the VR program 

and placed into a closed order of 

selection priority category, VR agencies 

may provide general transition services 

that benefit a group of students with 

disabilities, as described above, to 

ensure the continuation of beneficial 

services. However, those students may 

not begin pre-employment transition 

services (see 81 FR 55691–55693). 

Changes: None. 

Application of Interpretation 

Comments: Commenters asked if the 

flexibilities discussed in the NOI are 

applicable to services provided, and 

costs incurred, on or before October 1, 

2020. 

Discussion: The Department clarifies 

that the effective date for the 

interpretations in the NOI is February 

28, 2020. As such, the effective date is 

well before the October 1, 2020, date 

mentioned by the commenters. With 

respect to the application of these 

flexibilities to expenditures incurred 

prior to February 28, 2020, the 

Department believes it would be 

reasonable and permissible to allow 

DSUs to make accounting adjustments, 

as appropriate, to cover the costs of 

these additional expenditures described 

in the NOI with funds reserved for the 

provision of pre-employment transition 

services incurred at any time after July 

22, 2014, when the requirements of 

sections 110(d) and 113 of the 

Rehabilitation Act took effect, so long as 

DSUs can document that the 

expenditures were incurred for the 

provision of pre-employment transition 

services for students with disabilities. 

We believe it would be reasonable and 

permissible to allow such accounting of 

funds, as described in the NOI, because 

doing so will be a benefit to all States 

in making it easier for them to satisfy 

the Federal requirements of sections 

110(d)(1) and 113(a) of the 

Rehabilitation Act, which took effect 

July 22, 2014, to reserve and expend at 

least 15 percent of the State’s VR grant 

on the provision of these services, and 

will not harm any State. If a DSU wants 

to make accounting adjustments on 

previously submitted financial reports, 

for purposes of satisfying the preemployment transition services 

requirements, so that reserved funds 

may be used to pay for the expanded 

costs described in the NOI, DSUs must 

be able to document that the 

expenditures were incurred for the 

provision of pre-employment transition 

services or to support the receipt of 

those services as described in the NOI. 

States should contact their 

Rehabilitation Services Administration 

(RSA) Financial Management 

Specialists to make changes in their 

expenditures reported for preemployment transition services. 

Changes: None. 

Changes Requiring Statutory 

Amendment 

Comments: A few commenters 

requested the Department consider the 

following changes to the interpretation: 

(1) Allowing States to expend reserved 

funds on students who have reached the 

maximum age for receiving preemployment transition services but 

were unable to complete services 

because of the State’s statutory age limit; 

(2) reducing the requirement for States 

to reserve 15 percent of their grant 

allotment for the provision of preemployment transition services to 

enable States to meet the needs of other 

individuals seeking VR services; and (3) 

making pre-employment transition 

services available to students with 

disabilities who have dropped out of 

school. 

Discussion: The Department 

acknowledges the various 

recommendations offered by 

commenters related to extending the 

maximum age requirements for 

receiving pre-employment transition 

services, reducing the amount of Federal 

VR allotments States are required to 

reserve for pre-employment transition 

services to enable them to meet the 

needs of other individuals seeking VR 

services, and broadening the population 

of individuals eligible for preemployment transition services to 

include youth with disabilities not in 

school. These recommendations would 

require statutory changes and, therefore, 

cannot be implemented by the 

Department through an interpretation of 

existing law. 

Changes: None. 

Miscellaneous 

Comments: Commenters 

recommended improvements in the 

quality of services related to preemployment transition services, noting 

a need to ensure parity of access across 

States with services provided by 

credentialed staff with skills and 

knowledge specific to students with 

disabilities. 

Discussion: In accordance with 34 

CFR 361.48(a)(1), pre-employment 

transition services must be made 

available statewide to all students with 

disabilities, regardless of whether the 

student has applied or been determined 

eligible for VR services. Within this 

context, the Department agrees there is 

a need to ensure quality services and 

parity of access to students with 

disabilities; however, the delivery and 

provision of pre-employment transition 

services is unique to each State, and 

each State has the responsibility for 

ensuring that the needs of students with 

disabilities for pre-employment 

transition services are appropriately 

met. 

Changes: None. 

Comments: Commenters posed 

specific questions and provided input 

about the implementation of preemployment transition services and 

services on behalf of students with 

disabilities, including during the 

COVID–19 pandemic, that were not 

specific to the flexibilities addressed in 

the NOI. These included a suggestion 

for collaboration between VR and the 

Social Security Administration related 

to work-related expenses, 

accommodations, and benefits planning; 

disability-specific flexibilities; the 

negative impact of the COVID–19 

pandemic on pre-employment transition 

services; concerns for students with 

disabilities found ineligible for the VR 

program; the continuum of transition 

services; and requests for clarification 

about the differences between job 

coaches and work site trainers. 

Discussion: The Department 

appreciates all comments and questions 

related to the implementation of preemployment transition services and has 

addressed specific questions regarding 

the COVID–19 pandemic and the 

provision of pre-employment transition 

services in Frequently Asked Questions 

documents posted on https://rsa.ed.gov/ 

whats-new?page=1. We will continue to 


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Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15893 

provide additional guidance and 

clarification as requested on the 

implementation of pre-employment 

transition services and invite direct 

communication with RSA State liaisons 

and the National Technical Assistance 

Center on Transition: the Collaborative 

(NTACT: C) funded by RSA at https:// 

transitionta.org/. 

Changes: None. 

Final Policy Interpretation 

The Department maintains without 

change its interpretation published in 

the Federal Register on February 28, 

2020, and available at https://

www.federalregister.gov/documents/ 

2020/02/28/2020-03208/statevocational-rehabilitation-servicesprogram. In that interpretation, the 

Department clarified current policy that 

DSUs may use VR funds reserved under 

section 110(d)(1) of the Rehabilitation 

Act and 34 CFR 361.65(a)(3)(i) to pay for 

auxiliary aids and services needed by all 

students with disabilities (i.e., both 

eligible and potentially eligible students 

with disabilities) who have sensory and 

communicative disorders to access or 

participate in pre-employment 

transition services. ‘‘Auxiliary aids and 

services,’’ under the ADA’s title II 

implementing regulations in 28 CFR 

35.104, includes the acquisition or 

modification of equipment or devices, 

or other effective methods, to make 

aurally delivered information available 

to individuals who are deaf or hard of 

hearing, or visually delivered materials 

available to individuals who are blind 

or have low vision. Through this 

interpretation, the Department also 

announced a change in policy with 

respect to additional VR services needed 

by eligible students with disabilities 

that may be paid for with Federal VR 

grant funds reserved for the provision of 

pre-employment transition services, 

including the circumstances under 

which those funds may be used to pay 

for those additional VR services. DSUs 

may use the reserved funds to pay for 

those additional VR services that are 

needed by eligible students with 

disabilities to participate in the receipt 

of pre-employment transition services. 

These services are described in section 

103(a) of the Rehabilitation Act and 34 

CFR 361.48(b) and are provided in 

accordance with an approved IPE. 

Further, under this interpretation, the 

Department clarifies that the flexibilities 

discussed in the interpretation may be 

applied to services provided, and costs 

incurred, prior to February 28, 2020, at 

any time after July 22, 2014, when the 

requirements of sections 110(d) and 113 

of the Rehabilitation Act took effect—so 

long as DSUs can document 

expenditures for pre-employment 

transition services in any given year 

following the amendments to the 

Rehabilitation Act made by title IV of 

WIOA. This interpretation is consistent 

with the ‘‘Statement of the Managers to 

Accompany the Workforce Innovation 

and Opportunity Act,’’ the statutory 

purpose for the reservation of these 

Federal VR funds, and the fiscal 

requirements of the Office of 

Management and Budget’s (OMB) 

Uniform Guidance. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document 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. 

Electronic Access to This Document: 

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the document published in the Federal 

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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. 2022–05940 Filed 3–18–22; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0656; FRL–9326–01– 

OCSPP] 

Alcohols, C10–16, ethoxylated, 

sulfates, mono(hydroxyethyl)

ammonium salts (CAS No. 157627–92– 

4); Tolerance Exemption 

Correction 

In Rule document 2022–01486, 

appearing on pages 5703–5708, in the 

issue of Wednesday, February 2, 2022, 

make the following correction: 

§ 180.930 Inert ingredients applied to 

animals; exemptions from the requirement 

of a tolerance. [Corrected] 

■ On page 5708, the table heading 

‘‘TABLE 1 TO 180.910’’ is corrected to 

read ‘‘TABLE 1 TO 180.930’’. 

[FR Doc. C1–2022–01486 Filed 3–18–22; 8:45 am] 

BILLING CODE 0099–10–D 


khammond on DSKJM1Z7X2PROD with RULES