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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Proposed Rules]
[Pages 5778-5786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01337]

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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2025-OSERS-0003]

Rehabilitation Training Program--National Vocational 
Rehabilitation Technical Assistance Center

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

ACTION: Proposed priority, requirements, and definitions.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services proposes a priority, requirements, and 
definitions under the Rehabilitation Training program. The Assistant 
Secretary may use the priority, requirements, and definitions for 
competitions in fiscal year (FY) 2025 and later years. We intend to use 
the priority, requirements, and definitions to fund a cooperative 
agreement to establish a national vocational rehabilitation technical 
assistance center (NVRTAC) to provide training and technical assistance 
to personnel of State VR agencies and their partners to upgrade and 
increase their competencies, skills, and knowledge in providing quality 
services and effective management of the VR program.

DATES: We must receive your comments on or before February 18, 2025.

ADDRESSES: Comments must be submitted via the Federal eRulemaking 
Portal at www.regulations.gov. However, if you require an accommodation 
or cannot otherwise submit your comments via www.regulations.gov, 
please contact the program contact person listed under FOR FURTHER 
INFORMATION CONTACT. The Department will not accept comments submitted 
by fax or by email or those submitted after the comment period. To 
ensure that we do not receive duplicate copies, please submit your 
comments only once. In addition, please include the Docket ID at the 
top of your comments.
    Federal eRulemaking Portal: Go to www.regulations.gov to submit 
your comments electronically. Information on using Regulations.gov, 
including instructions for accessing agency documents, submitting 
comments, and viewing the docket, is available on the site under 
``FAQ.''
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information they wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: Roslyn Thomas, U.S. Department of 
Education, 400 Maryland Avenue SW, Lyndon Baines Johnson Building, Room 
4A10, Washington, DC 20202. Telephone: (202) 987-0105. Email: 
[email protected].
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.
    A brief summary of the rule is available at www.regulations.gov/docket/ED-2025-OSERS-0003.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment: We invite you to submit comments regarding 
the proposed priority, requirements, and definitions. To ensure that 
your comments have maximum effect in developing the notice of final 
priority, requirements, and definitions, we urge you to clearly 
identify the specific priority, requirement, or definition that each 
comment addresses.
    Specific Requests for Comment: The Department is particularly 
interested in comments regarding the best way for the NVRTAC to 
prioritize among VR agencies needing intensive training and technical 
assistance. We are also interested in comments regarding whether the 
project requirements and related activities under the proposed priority 
reflect the greatest needs in the field and can assist the State VR

[[Page 5779]]

agencies to improve their program and financial management and 
performance.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866, 13563, and 14094 and their 
overall requirement of reducing regulatory burden that might result 
from the proposed priority, requirements, and definitions. Please let 
us know of any ways we could reduce potential costs or increase 
potential benefits while preserving the effective and efficient 
administration of the program.
    During and after the comment period, you may inspect all public 
comments about the proposed priority, requirements, and definitions by 
accessing Regulations.gov. To inspect comments in person, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.
    Assistance to Individuals With Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for the proposed priority, requirements, and 
definitions. If you want to schedule an appointment for this type of 
accommodation or auxiliary aid, please contact the person listed under 
FOR FURTHER INFORMATION CONTACT.
    Purpose of Program: The purpose of this program is to provide 
competitive grants, including cooperative agreements, to, or enter into 
contracts with, eligible entities to expand and improve the provision 
of vocational rehabilitation and other services authorized under the 
Rehabilitation Act of 1973 (Rehabilitation Act) or to further the 
purposes and policies in sections 2(b) and (c) of the Rehabilitation 
Act by supporting activities that increase the provision, extent, 
availability, scope, and quality of rehabilitation services under the 
Act. Under the Rehabilitation Act, the Rehabilitation Services 
Administration (RSA) Commissioner is authorized to make grants to, and 
enter into contracts with States and public or nonprofit agencies and 
organizations (including institutions of higher education (IHEs)) to 
support projects that assist state and other agencies in providing 
vocational rehabilitation and other services to individuals with 
disabilities to maximize their employment, independence, and 
integration into the community and the competitive labor market, and 
provide training and technical assistance designed to assist in 
increasing the numbers of, and upgrading the skills of, qualified 
personnel (especially rehabilitation counselors) who are trained in 
providing VR services as well as other services authorized under the 
Rehabilitation Act.
    Assistance Listing No.: 84.264L.
    Program Authority: 29 U.S.C. 772(a)(1).
    Applicable Program Regulations: 34 CFR part 385.
    Proposed Priority:
    This document contains one proposed priority. The Department may 
use this priority for the FY 2025 Rehabilitation Training program 
competition or for any subsequent competitions.
    National Vocational Rehabilitation Technical Assistance Center.
    Background:
    The VR program has evolved over its 100-year history and currently 
engages more than one million individuals with disabilities each year, 
nearly all of whom have significant or the most significant physical or 
mental impairments that seriously limit functional capacities 
(mobility, communication, self-care, self-direction, interpersonal 
skills, work tolerance, or work skills) in terms of achieving an 
employment outcome (Rehabilitation Services Administration, 2020). 
These individuals are served through 78 State VR agencies, which 
receive State VR Services and State Supported Employment Services 
program funding through grants provided by the Rehabilitation Services 
Administration.\1\ Both programs have match requirements.\2\
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    \1\ The VR program is administered by 78 VR agencies at the 
State level, which includes the 50 States, the District of Columbia, 
the Commonwealth of Puerto Rico, American Samoa, Guam, the 
Commonwealth of the Northern Mariana Islands, and the U.S. Virgin 
Islands. Section 101(a)(2) of the Rehabilitation Act provides States 
with flexibility in the organizational structures they choose to 
administer and operate the VR program, which includes the ability to 
establish separate agencies that serve only individuals who are 
blind or visually impaired. Currently, there are 22 VR agencies 
serving only individuals who are blind or visually impaired, 22 VR 
agencies serving individuals with all other disabilities, and 34 VR 
agencies serving individuals with all types of disabilities, 
including blindness and visual impairments.
    \2\ Matching requirements: (1) Federal share--Except as provided 
in paragraph (a)(2) of this section, the Federal share for 
expenditures made by the State under the vocational rehabilitation 
services portion of the Unified or Combined State Plan, including 
expenditures for the provision of vocational rehabilitation services 
and the administration of the vocational rehabilitation services 
portion of the Unified or Combined State Plan, is 78.7 percent. (2) 
Non-federal share: Except as provided in paragraph (b)(2) and (b)(3) 
of this section, expenditures made under the vocational 
rehabilitation services portion of the Unified or Combined State 
Plan to meet the non-federal share under this section must be 
consistent with the provisions of 2 CFR 200.306(b). For further 
information, please see 34 CFR 361.
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    The amendments to the Rehabilitation Act made by WIOA required 
State VR agencies to implement new program and fiscal requirements and 
provisions, with heightened emphasis on expanding employment and career 
advancement opportunities in competitive integrated employment (CIE) 
\3\ for individuals with disabilities, including students and youth 
with disabilities. For example, the Rehabilitation Act requires: (1) 
the provision of pre-employment transition services in Section 113, 
requiring a reservation of a minimum of 15 percent of VR program Title 
I funds to be expended on students with disabilities; (2) for 50 
percent of the State Supported Employment grant under Section 603 to be 
expended on youth with a 10 percent non-Federal match per Section 
606(b)(7); (3) the addition of Section 511 limiting the use of 
subminimum wage, which set requirements for VR agencies to provide 
certain services to individuals employed or seeking employment at 
subminimum wage; (4) a change in the personnel standards expanding 
fields from which VR agencies may recruit rehabilitation professionals; 
and (5) a change in the standards and indicators to the WIOA common 
performance measures.
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    \3\ Under 34 CFR 361.5(c)(9), competitive integrated employment 
means work that meets the following criteria concerning (1) 
compensation, (2) work location, and (3) career advancement. First, 
individuals with disabilities must be paid at least minimum wage, 
but at the same rate employees without disabilities, and be eligible 
for benefits as provided to employees without disabilities. Second, 
the work location is typically found in the community and where the 
employee with a disability interacts during the course of their 
duties with other employees without disabilities and customers and 
vendors without disabilities. Third, employees with disabilities are 
provided the same opportunities for career advancement as employees 
without disabilities in similar positions, as appropriate.
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    Recruitment, retention, and turnover of VR personnel, particularly 
VR counselors and financial management staff, has led to increasing 
challenges for VR agencies. Staff deficits affect the ability to serve 
individuals with disabilities effectively and consistently as well as 
the ability to manage the complex program and fiscal requirements of 
the VR program. Research investigating barriers and strategies 
pertaining to counselor recruitment and retention reveals that the 
primary reasons counselors leave State VR programs are low salaries, 
excessive paperwork, and insufficient career/promotional opportunities. 
Those who leave do so for similar positions in other public agencies 
and non-profit agencies or, to a lesser degree, individual practices. 
The primary reasons counselors remain with State

[[Page 5780]]

VR agencies are their commitment to the agency's mission and the 
inherent rewards of their work, as well as the employee benefits they 
receive with the job (Herbert, J.T. et al., 2023).
    Through its monitoring activities and review of the VR services 
portion of the Unified or Combined State Plans required under WIOA, RSA 
has identified performance issues related to program and fiscal staff 
capacity deficits and turnover, as well as compliance issues related to 
financial management of the VR and Supported Employment programs.
    To address these and other performance areas, RSA currently funds 
two VR technical assistance centers (VRTAC), the VRTAC for Quality 
Management (84.264J) and VRTAC for Quality Employment (84.264K). The 
performance period of these two VRTACs will end by September 30, 2025. 
In Project year 4, the intensive technical assistance provided to State 
VR agencies by the two VRTACs already exceeds the technical assistance 
centers' target goals for the entire 5-year project performance period. 
Most of the requests are related to fiscal and program performance 
monitoring, resulting from RSA's increased emphasis on service 
provision and fiscal management leading to increased quality and 
quantity of employment outcomes in CIE. Given the many challenges faced 
by VR agencies and the challenges associated with an evolving economy 
and future workforce needs, the NVRTAC will provide expanded training 
and technical assistance needed by State VR agencies, other service 
entities, and their personnel on quality management strategies and 
practices. This assistance will be designed to lead to program and 
financial compliance and continuous improvement, resulting in the 
provision of quality vocational rehabilitation services that will 
enable individuals with disabilities to maximize their opportunities to 
achieve CIE and self-sufficiency, while meeting employers' needs.
    The proposed plan to combine two technical assistance centers into 
one is in the interest of improved efficiency and reduced redundancy. 
The closely related content and focus of two separate centers has 
previously led to extensive need for coordination of overlapping 
content and redundant overhead costs. A single center is anticipated to 
more comprehensively and coherently address the full range of VR agency 
needs.
    Under the VR program, agencies must comply with several complex 
Federal fiscal requirements related to maintenance of effort, 
reallotment, reservation of funds for pre-employment transition 
services, and match, among others. VR agencies must understand, track, 
assess, and adjust, when necessary, program activities to meet these 
requirements while maximizing program outcomes.
    Additionally, the need for improved knowledge and skill in fiscal 
and resource management can negatively affect the ability of VR agency 
personnel to meet consumer needs and prevent, where possible, the need 
for order of selection limiting the numbers of eligible individuals 
served in the VR program.
    Some State VR agencies have experienced VR program challenges, 
including financial management and service delivery issues. For 
example, in FY 2022, State VR agencies returned $88 million in unused 
State VR Services program (Title I) funds at grant closeout, and $3.2 
million in unused Supported Employment program (Title VI) funds at 
grant closeout. In FY 2022, 28 grantees did not provide any matching 
funds for their Supported Employment award, and 13 grantees did not 
spend any of their FY 2022 Title VI Supported Employment program funds 
required to be used for youth with most significant disabilities. This 
resulted in an unused balance of Supported Employment program Federal 
funds at the end of the award period. Also, States relinquished $2.45 
million in Supported Employment funds during the FY 2023 reallotment 
period.\4\ Additionally, as of March 2024, 31 of 78 VR agencies were 
placed on corrective action plans to address performance deficiencies 
related to pre-employment transition services reserve requirements and 
timeliness of eligibility and Individualized Plan for Employment (IPE) 
development; further detail on this is on the RSA page.\5\
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    \4\ These data are from RSA's program data as collected in 
Vocational Rehabilitation Financial Report (RSA-17), Supported 
Employment Federal Financial Report (SF-425), and Grant Reallotment 
(RSA-692).
    \5\ https://rsa.ed.gov/about/programs/vocational-rehabilitation-state-grants/section_107_annual_reviews.
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    WIOA requires the core workforce development programs, including 
the VR program, to report prescribed data related to 11 barriers to 
employment.\6\ The data indicate that individuals with disabilities 
receiving VR services experience multiple barriers to employment in 
addition to disability, and the data show that a high percentage of VR 
program participants have low incomes and experience long-term 
unemployment.
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    \6\ Source: U.S. Department of Labor, Employment and Training 
Administration, WIOA Statewide Annual Performance Report (ETA-9169) 
PYs 2020 through 2021.
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    RSA's goal for technical assistance is to support VR agencies in 
maximizing the use of VR and Supported Employment program funds and 
fostering continuous improvement in CIE outcomes achieved by 
individuals with disabilities, considering the unique circumstances and 
needs of each VR agency.
    Based on data reported by VR agencies through the VR program Case 
Service Report (RSA-911) for program year (PY) \7\ 2017 (July 1, 2017-
June 30, 2018) and PY 2022 (July 1, 2022-June 30, 2023), the number of 
individuals with disabilities determined eligible for the VR program 
decreased from 414,531 to 354,204. Additionally, the number of 
participants in the VR program (those eligible individuals who received 
VR services under an IPE) decreased from 932,835 to 818,646.
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    \7\ WIOA requires that State VR programs submit an annual 
statewide performance report, including information on levels of 
performance achieved with respect to the performance indicators 
outlined in section 116 of the Act. These reports are due by October 
1 after the completion of each Program Year (PY) (July 1-June 30). 
The Program Year is consistent with most states' 12-month period 
used for accounting and budgeting purposes. The Program Year is 
different from federal fiscal year that is October 1-September 30.
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    Although the employment rate or rehabilitation rate is no longer 
one of the primary indicators of performance under the Rehabilitation 
Act, it can provide insight into the performance of the VR program 
because it indicates whether participants have achieved successful 
employment when they exit the VR program. The VR program's employment 
rate decreased from 49.3 percent in PY 2017 to 44.2 percent in PY 2022. 
In the same period, the number of participants exiting with employment 
outcomes fell from 152,425 to 115,943. Relatedly, the number of 
participants who exited the VR program for any reason decreased from 
311,748 to 256,435 in the same timeframe.
    In light of these data, the Department has determined that VR 
agency personnel need technical assistance and training on program and 
resource management strategies and skills to efficiently and 
effectively provide VR and supported employment services to individuals 
with disabilities to achieve CIE, including pre-employment transition 
services to students with disabilities. Effectively and efficiently 
managing resources is critical for VR agencies to fully capitalize on 
the funds and staff resources needed to provide individuals with 
disabilities with timely services of high quality, which will forestall 
further declines in

[[Page 5781]]

performance. VR personnel need to build strategies to balance the needs 
of all populations seeking services, including students, youth, and 
adults with disabilities, and to provide timely and relevant services 
to meet their unique needs.
    The focus on serving individuals with significant and the most 
significant disabilities, as well as students and youth with 
disabilities and traditionally underserved populations, coupled with 
the expectations under the Rehabilitation Act to achieve CIE outcomes 
and career advancement, also require VR agency personnel, especially VR 
counselors, to learn and employ innovative service strategies and 
practices.
    For example, recent data for PYs 2021 and 2022 provided by VR 
agencies through the RSA-911 indicate that approximately one-quarter 
(25.2 percent and 25.9 percent, respectively) of participants who were 
enrolled in an education or training program leading to a recognized 
postsecondary credential or employment achieved a measurable skill gain 
(MSG). An MSG is documented academic, technical, occupational, or other 
form of progress that participants achieve toward a recognized 
postsecondary credential or employment. The MSG rate is one of the 
primary indicators of performance under section 116 of WIOA. The VR 
program's performance, in the two most recent years of data collection 
and reporting under WIOA, suggests continued underutilization or 
underreporting of employment strategies and services to assist 
individuals with disabilities in achieving MSGs as they pursue 
recognized postsecondary credentials or employment.
    The PY 2022 national employment rate for the VR program was 56.2 
percent in the second quarter after exit. These individuals achieved 
median earnings of $5,130 for the quarter, which translates into annual 
median earnings of roughly $20,520. Based on these data, it appears the 
employment outlook for individuals with disabilities served by the 
program remains lower compared to non-disabled individuals, suggesting 
that there is a need for greater utilization of more effective 
interventions by VR personnel.\8\
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    \8\ FY 2022 WIOA National Performance Assessments. https://www.dol.gov/agencies/eta/performance/results/assessments.
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    Proposed Priority:
    The NVRTAC will provide intensive training and technical 
assistance, targeted training and technical assistance, and universal 
training and technical assistance to State VR agencies that will enable 
VR agencies to improve VR program management and performance and, most 
importantly, to improve employment outcomes achieved by individuals 
with disabilities.
    Regarding program management and performance, the NVRTAC's training 
and technical assistance will support the assessment, development, and 
enhancement of VR State agency leaders and staff knowledge, skills, and 
abilities to improve service delivery and employment outcomes for 
individuals with disabilities and to perform the following functions:
    (a) Implementing State VR agency-level best practices and policies 
for maximizing engagement and achieving CIE for individuals with 
disabilities. The center will provide VR agency personnel with 
technical assistance on evaluating whether the management strategies 
they adopt have been shown to increase the percentage of participants 
who achieve an MSG/credential and exit the program with an employment 
outcome and modifying those strategies, if necessary, to achieve 
continuous program improvement. The NVRTAC will provide intensive 
training and technical assistance, targeted training and technical 
assistance, and universal training and technical assistance to State VR 
agencies to improve or develop a broad range of management policies and 
practices, both programmatic and fiscal, to address needs common to 
many agencies;
    (b) Disseminating clear, consistent messages on RSA priorities for 
the development and implementation of sound management and financial 
systems and strong internal controls;
    (c) Identifying strengths and weaknesses in the agency's capacity 
to understand factors affecting program effectiveness and timeliness 
(such as the ability to analyze case service data to identify trends 
and disparities in employment outcomes achieved by various groups of 
individuals with disabilities) and designing management strategies to 
address these deficits;
    (d) Analyzing the VR agency's human resource management for 
inclusion of best practice for recruitment, retention, and onboarding 
strategies including orientation training for new VR agency directors;
    (e) Understanding statutory and regulatory requirements related to 
performance management, including calculations for the common 
performance measures required under WIOA;
    (f) Monitoring and improving financial and program data reporting 
and accuracy;
    (g) Conducting performance evaluation and quality assurance 
improvement activities, including the use of data for performance 
management systems and the implementation of the common performance 
measures required by WIOA;
    (h) Conducting strategic planning and implementing the strategies 
to address aspects of a strengths, weaknesses, opportunities, and 
threats (SWOT) assessment that pose challenges and barriers to 
improving service delivery and employment outcomes for individuals with 
disabilities, including those with significant and the most significant 
disabilities, students and youth with disabilities, and traditionally 
underserved populations;
    (i) Developing and implementing effective and efficient program and 
fiscal policies for delivering pre-employment transition services under 
section 113, VR services under section 103(a), and supported employment 
services under title VI of the Rehabilitation Act;
    (j) Implementing proactive strategies for the State VR agency to 
collaborate and engage with educational agencies, Centers for 
Independent Living, American Indian Vocational Rehabilitation agencies, 
and community rehabilitation programs;
    (k) Implementing strategies to maximize timely and meaningful 
engagement of VR clients during application and eligibility 
determination, development of the IPE, and service delivery;
    (l) Accurately addressing the required descriptions in the VR 
services portion of the WIOA Unified or Combined State Plan, 
particularly in setting goals and strategies that can improve 
performance;
    (m) Coordinating efforts with the State Rehabilitation Council;
    (n) Developing relationships with public policymakers and optimize 
the VR agency's presence and visibility by marketing the program in 
accordance with the requirements in the Guidance for Federal Financial 
Assistance at 2 CFR 200.467 and RSA guidance;
    (o) Understanding the key resources management elements, including 
but not limited to financial management, human resources management, 
and program management and their relevance to important VR program 
outcomes and various cost containment measures, such as implementing an 
order of selection giving priority for services to individuals with the 
most significant disabilities, assessing the need for and impact of 
implementing a

[[Page 5782]]

financial needs test and cost participation in services, and 
implementing the requirement to seek comparable services and benefits 
for certain services, among others; and
    (p) Resolving corrective action plans and strategies to increase 
compliance and reduce future noncompliance.
    Regarding effective resource management, the NVRTAC will support 
the assessment, development, and enhancement of staff knowledge, 
skills, and abilities to ensure that--
    (a) Resources, including program funds and personnel, are being 
used for allowable purposes, are appropriately allocated, and support 
innovation in compliance with statutory and regulatory requirements;
    (b) Internal controls and reporting systems upon which State VR 
agencies base fiscal and programmatic forecasting and decision-making 
are improved and reliable to support attainment of program goals and 
objectives; and
    (c) Resources, including program funds and personnel, are fully 
used in ways that meet existing program needs, priorities, and expected 
employment outcomes for individuals with disabilities.
    The following are TA project activities the NVRTAC will undertake 
to address weaknesses in resource management:
    (a) Assess performance of grantees' financial management processes 
used to support attainment of fiscal and programmatic outcomes (for 
example, whether an agency's fiscal processes support the accurate 
tracking and reporting of non-Federal funds to maximize the drawdown of 
Federal award funds to support attainment of employment outcomes); and 
use the assessment to identify areas for improvement in fiscal 
processes that will assist the agency in meeting program goals.
    (b) Assess personnel training and technical assistance needs to 
identify gaps in fiscal knowledge, skills, and abilities that prevent 
the agency from the effective and efficient use of resources necessary 
to achieve employment outcomes.
    (c) Provide intensive training and technical assistance on 
financial planning, to maximize program resources and attainment of 
program goals and objectives, maximize opportunities for non-Federal 
sources of match, avoid potential maintenance of effort deficits and 
match penalties, and meet the reservation of funds requirement for pre-
employment transition services.
    (d) Provide technical assistance on implementing Federal, State, 
and program fiscal requirements, including internal controls, in an 
efficient and effective manner to reduce unnecessary burden and to 
focus efforts on program outcomes.
    (e) Provide technical assistance on the identification, collection, 
and analysis of program and fiscal data necessary for program 
management and maximizing available resources to plan and support 
consumer services.
    Proposed Project Requirements:
    The Department proposes the following requirements for this 
program. We may apply one or more of these requirements, including one 
or more of the activities listed under these requirements, in any year 
in which this program is in effect.
    Proposed Requirements:
    To meet the requirements of this priority, the NVRTAC must, at a 
minimum, conduct the following activities through innovative 
approaches:
    (a) Establish an advisory committee for the NVRTAC. The committee 
members must include individuals with disabilities, representatives 
from State VR agencies, individuals with VR subject matter expertise, 
community rehabilitation providers, individuals with subject matter 
expertise in assistive technology and advance technology for 
individuals with disabilities, and individuals with subject matter 
expertise in financial management and resources management for VR 
programs. The committee members will provide input and recommendations 
pertaining to the project design, project implementation, and the 
project evaluation. At a minimum, the committee should meet semi-
annually.
    (b) Establish a state-of-the-art NVRTAC website with information 
technology platform for communicating with State VR agencies and 
providing training and TA to state VR agencies' personnel. NVRTAC must 
ensure that all products produced by the NVRTAC and posted on the 
website have been developed in collaboration with RSA and meet 
government and industry-recognized standards for accessibility and 
security.
    The website will serve as a key training and technical assistance 
delivery vehicle; peer-to-peer communication hub; stakeholder convening 
platform; and the central repository of information about technical 
assistance and training materials and resources developed and provided 
by the NVRTAC, including training modules for State VR agency 
leadership and VR counseling professionals, as well as for new 
employees onboarding resources. In addition, the system must have the 
capacity to track training completion or related records, as 
applicable.
    (c) Conduct nationwide technical assistance and training needs 
assessment of State VR agencies' personnel during the first six months 
of the project. The needs assessment must include the areas of VR 
program management, financial and resource management, service 
delivery, and employment outcomes and should be informed by the 
following--
    (1) Input from RSA staff, RSA monitoring reports, and State VR 
agency corrective action plans;
    (2) Input from State VR agencies about their needs, priorities, and 
innovative approaches to program and resource management that lead to 
improved service delivery;
    (3) Information regarding the latest National trends, barriers, 
challenges, and opportunities; and
    (4) Information regarding effective and efficient program and 
resource management strategies, techniques, and practices that may be 
applicable to State VR agencies.
    (d) Develop a training and technical assistance plan. Based on the 
results of the needs assessment, develop an overarching training and 
technical assistance plan that must include, at a minimum--
    (1) Management strategies and practices that result in improved 
service delivery and employment outcomes for individuals with 
disabilities, including the rationale for their selection;
    (2) Conceptual framework for the selected strategies and practices, 
including key assumptions, expectations, and presumed relationships or 
linkages among strategies and practices;
    (3) Nature and scope of the intensive training and technical 
assistance, targeted training and technical assistance, and universal 
training and technical assistance to be provided in support of the 
selected strategies and practices;
    (4) Protocols and timelines for requesting, obtaining, and 
completing training and technical assistance; and
    (5) Protocols and timelines for transitioning the State VR agency's 
technical assistance, upon completion of the technical assistance 
agreement, to the designated RSA State Liaison, when appropriate.
    (e) Provide intensive training and technical assistance to State VR 
agencies consistent with the technical assistance plan based on a 
review of a wide variety of information sources, including, but not 
limited to, RSA's monitoring reports and corresponding State VR agency

[[Page 5783]]

corrective action plans; State audit reports; WIOA State plans, 
particularly the VR portion of these State plans; RSA staff feedback; 
and the results of comprehensive statewide needs assessments. Intensive 
training and technical assistance may be provided on-site, over a 
specified time period, under the terms of signed intensive training and 
technical assistance agreements between the NVRTAC and the 
participating State VR agencies. Numerical targets for the number of 
intensive training and technical assistance agreements will be included 
in the cooperative agreement between RSA and the NVRTAC.
    The intensive training and technical assistance agreements between 
the NVRTAC and the requesting State VR agencies must include the 
following components:
    (1) Management strategies and practices to be implemented by the 
State VR agency that are designed to improve service delivery and 
maximize quality employment outcomes for individuals with disabilities.
    (2) Nature and scope of the training and technical assistance to be 
provided by the NVRTAC.
    (3) Roles and responsibilities of the NVRTAC, State VR agency, RSA, 
and other workforce development partners, including the commitment of 
resources.
    (4) Logic model (as defined in 34 CFR 77.1) that is specific to the 
intensive need being addressed and that includes performance outcomes, 
targets, and baselines; project activities, inputs, and outputs; and 
data collection and analysis commitments.
    (f) Implement a plan for project evaluation, which includes a 
timeline for the evaluation and measurement benchmarks, that will 
evaluate the impact of the center's training and technical assistance 
on the performance of the VR agencies that received the center's 
services. As part of the evaluation plan, there must be a logic model 
that includes data elements, inputs, activities, outputs, and short-
term and long-term performance indicators regarding--
    (1) Quantitative outcomes resulting from the program management and 
employment strategies and practices, including--
    (i) Timeliness of the VR processes and services;
    (ii) Number of employment outcomes;
    (iii)VR participants' employment or career-readiness;
    (iv) Cost-effectiveness; and
    (v) Sustainability;
    (2) Quality, relevance, and usefulness of the project's training 
and technical assistance activities;
    (3) Quantitative or qualitative insights about the relationship 
between strategies, practices, and training and technical assistance 
activities on critical outcomes for VR personnel, VR clients, and key 
partners, including through--
    (i) Pre- and post-training assessments;
    (ii) Focus groups; and
    (iii)Success stories.
    (g) Develop and implement models and materials for targeted and 
universal training and technical assistance for VR agency personnel, on 
state VR program and fiscal management, and employment strategies for 
individuals with disabilities, which must include the following--
    (1) Integration of assistive technology and artificial intelligence 
tools to fuel CIE in the 21st century for individuals with 
disabilities;
    (2) Career pathways education, internships, apprenticeships, 
training, and supports in high-demand occupations, including those in 
science, technology, engineering, and mathematics (STEM) fields, 
advanced technology;
    (3) Registered and industry-recognized apprenticeships, pre-
apprenticeships, and on-the-job training;
    (4) Supported employment and customized employment;
    (5) Customized training and credential programs to meet employers' 
demand;
    (6) Self-employment and entrepreneurship, including services 
available under the Randolph-Sheppard Vending Facility Program;
    (7) Business engagement and employer supports including dual 
customer models such as Progressive Employment;
    (8) Practices to enhance the employment capacity of individuals 
with the most significant disabilities receiving supported employment 
services, such as the Individual Placement and Support model;
    (9) Pre-employment transition services that prepare students with 
disabilities and transition services that prepare youth with 
disabilities to identify career interests through work-based learning 
and early career exploration opportunities, including career pathways, 
internships, and job shadowing, with a focus on high-demand and STEM 
careers;
    (10) Career counseling techniques and resources, including labor 
market information tools such as Career Index Plus;
    (11) Collaboration with workforce development partners, community 
rehabilitation programs, and other community-based organizations to 
provide the comprehensive support services that individuals with 
significant and the most significant disabilities, students and youth 
with disabilities, and traditionally underserved populations, need to 
succeed, such as the Integrated Resource Teams model;
    (12) Approaches that encourage VR clients to consider jobs in the 
advanced technology fields that respond to expected labor market needs;
    (13) Approaches that encourage VR clients to enter and remain 
engaged in the VR process, such as rapid engagement, motivational 
interviewing, benefits counseling, and financial empowerment training, 
and vehicles such as the Achieving a Better Life Experience (ABLE) tax-
free accounts for individuals with disabilities and flexibilities 
associated with Social Security Income; and
    (14) Community outreach strategies to expand the pool of potential 
VR applicants and referral sources, including traditionally underserved 
populations.
    Proposed Application Requirements:
    The Department proposes the following application requirements for 
the purpose of this priority. We may apply one or more of these 
requirements, including one or more of the activities listed under 
these requirements, in any year in which this program is in effect.
    Proposed Application Requirement:
    The following proposed application requirements are for the purpose 
of the priority. Applicants must--
    (a) Provide, in the narrative section of the application under 
``Significance of the Project,'' a landscape analysis of current 
challenges, opportunities, and initiatives in national VR technical 
assistance and training. The landscape analysis must address the 
following
    (1) Knowledge about--
    (i) State VR program challenges in performance, including barriers 
and trends regarding program and resource management and employment 
outcomes for individuals with disabilities especially those with 
significant and the most significant disabilities, students and youth 
with disabilities, and traditionally underserved populations, 
particularly as noted in recent RSA monitoring reports and State VR 
agency corrective action plans; and
    (ii) Federal and State initiatives and best practices to improve 
program and resource management and employment outcomes for individuals 
with disabilities, particularly in response to requirements under WIOA.
    (2) The proposed project's potential to contribute to these Federal 
and State

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initiatives by assisting State VR agencies in equipping personnel with 
the necessary skills and training to implement the substantive 
provisions of the Rehabilitation Act introduced by WIOA that are 
designed to improve the employment outcomes for individuals with 
disabilities.
    (b) Provide an implementation plan. The implementation plan must 
describe the feasibility of the management plan to achieve project 
objectives and goals on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks and meet expected outcomes.
    (c) Describe the plans to establish a state-of-the-art NVRTAC 
website and information technology platform.
    (d) Describe plans for completing the national technical assistance 
and training needs assessment.
    (e) Specify strategies to maximize coordination between the NVRTAC 
and other TA centers and seek opportunities to coordinate with other 
training and technical assistance investments, including those funded 
by the U.S. Departments of Education, Labor, and Health and Human 
Services, in the provision of training and technical assistance to 
State VR agencies.
    (f) Describe the proposed evaluation plan and logic model for the 
project.
    (g) Provide a dissemination plan. The dissemination plan must 
describe plans to disseminate its summative findings and results at 
national conferences, regional forums, or specialized meetings starting 
after the first year of the performance period, including cost-
effective approaches such as virtual convenings, to engage State VR 
agencies and other potential Federal, State, local, and nongovernment 
partners, including--
    (i) Types of events (e.g., conferences, forums, specialized 
meetings);
    (ii) Target audience (e.g., by event type); and
    (iii) Convening modes (in-person, virtual).
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).

Proposed Definitions

    The Assistant Secretary for Special Education and Rehabilitative 
Services proposes the following definitions for this program to ensure 
that applicants have a clear understanding of how we are using these 
terms. We may apply these definitions in any year in which this program 
is in effect.
    Intensive training and technical assistance means training and 
technical assistance provided to State VR agencies and State VR agency 
personnel, in consultation with RSA, primarily on-site for a specific 
issue and a set period of time negotiated between the State VR agency 
and NVRTAC. Intensive training and technical assistance is based on an 
ongoing relationship between the training and technical assistance 
center staff and State VR agencies and State VR agency personnel under 
the terms of a signed intensive training and technical assistance 
agreement.
    Targeted training and technical assistance means training and 
technical assistance based on needs common to one or more State VR 
agencies and State VR agency personnel on a time-limited basis and with 
limited commitment of training and technical assistance center 
resources. Targeted training and technical assistance are delivered 
through virtual, or in-person methods tailored to the identified needs 
of the participating State VR agencies and State VR agency personnel.
    Universal training and technical assistance means training and 
technical assistance broadly available to State VR agencies and State 
VR agency personnel and other interested parties through their own 
initiative, resulting in minimal interaction with training and 
technical assistance center staff. Universal training and technical 
assistance include generalized presentations, products, and related 
activities available through a website or through brief contacts with 
the training and technical assistance center staff.

References

Herbert, J.T., O'Shea, A., Joon Yoon, H., & Balushi, I.A. (2023). 
Recruitment and retention of state vocational rehabilitation 
counselors: A mixed methods analysis. Journal of Rehabilitation, 
89(1), 61-71.
Rehabilitation Services Administration. (2020). The State Vocational 
Rehabilitation Services Program--The First 100 Years. Retrieved 
from: https://ncrtm.ed.gov/library/detail/state-vocational-rehabilitation-services-program-first-100-years.

    Final Priority, Requirements, and Definitions: We will announce the 
final priority, requirements, and definitions in a notice in the 
Federal Register. We will determine the final priority, requirements, 
and definitions after considering responses to the proposed priority, 
requirements, and definitions and other information available to the 
Department. This document does not preclude us from proposing 
additional priorities, requirements, definitions, or selection 
criteria, subject to meeting applicable rulemaking requirements.
    Note: This notice does not solicit applications. In any year in 
which we choose to use these priorities, requirements, or definitions, 
we invite applications through a notice in the Federal Register.

Executive Orders 12866, 13563, and 14094

Regulatory Impact Analysis

    Under Executive Order 12866, the Office of Management and Budget 
(OMB) determines whether this regulatory action is ``significant'' and, 
therefore, subject to the requirements of the Executive order and 
subject to review by OMB. Section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094, defines a ``significant regulatory 
action'' as an action likely to result in a rule that may--
    (1) Have an annual effect on the economy of $200 million or more 
(adjusted every three years by the Administrator of Office of 
Information and Regulatory Affairs (OIRA) for changes in gross domestic 
product); or adversely affect in a material way the economy, a sector 
of the economy, productivity, competition, jobs, the environment, 
public health or safety, or State, local, territorial, or Tribal 
governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or

[[Page 5785]]

    (4) Raise novel legal or policy issues for which centralized review 
would meaningfully further the President's priorities, or the 
principles set forth in the Executive order, as specifically authorized 
in a timely manner by the Administrator of OIRA in each case.
    This proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3(f) of Executive Order 
12866, as amended by Executive Order 14094.
    We have also reviewed this proposed regulatory action under 
Executive Order 13563, which supplements and explicitly reaffirms the 
principles, structures, and definitions governing regulatory review 
established in Executive Order 12866. To the extent permitted by law, 
Executive Order 13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing the proposed priority, requirements, and definitions 
only on a reasoned determination that their benefits justify their 
costs. In choosing among alternative regulatory approaches, we selected 
those approaches that maximize net benefits. Based on the analysis that 
follows, the Department believes that this regulatory action is 
consistent with the principles in Executive Order 13563.
    We have also determined that this regulatory action does not unduly 
interfere with State, local, territorial, and Tribal governments in the 
exercise of their governmental functions.
    In accordance with these Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.
    In addition, we have considered the potential benefits of this 
regulatory action and have noted these benefits in the background 
section of this document.

Clarity of the Regulations

    Executive Order 12866 and the Presidential memorandum ``Plain 
Language in Government Writing'' require each agency to write 
regulations that are easy to understand. The Secretary invites comments 
on how to make the proposed priority, requirements, and definitions 
easier to understand, including answers to questions such as the 
following:
     Are the requirements in the proposed regulations clearly 
stated?
     Do the proposed regulations contain technical terms or 
other wording that interferes with their clarity?
     Does the format of the proposed regulations (grouping and 
order of sections, use of headings, paragraphing) aid or reduce their 
clarity?
     Would the proposed regulations be easier to understand if 
we divided them into more (but shorter) sections?
     Could the description of the proposed regulations in the 
SUPPLEMENTARY INFORMATION section of the preamble be more helpful in 
making the proposed regulations easier to understand? If so, how?
     What else could we do to make the proposed regulations 
easier to understand?
    To send any comments that concern how the Department could make 
these proposed regulations easier to understand, see the instructions 
in the ADDRESSES section.
    Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 385. One of the 
objectives of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism. The Executive order relies 
on processes developed by State and local governments for coordination 
and review of proposed Federal financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.
    Regulatory Flexibility Act Certification: The Secretary certifies 
that this proposed regulatory action would not have a significant 
economic impact on a substantial number of small entities.
    The small entities that this proposed regulatory action would 
affect are institutions of higher education (IHEs) that meet the 
eligibility requirements in section 241(1) of the Higher Education Act 
of 1965, as amended, and public and private nonprofit organizations and 
agencies that partner with IHEs. The Secretary believes that the costs 
imposed on applicants by the proposed priority and requirements would 
be limited to paperwork burden related to preparing an application and 
that the benefits would outweigh any costs incurred by applicants.
    Participation in this program is voluntary. For this reason, the 
proposed priority and requirements would impose no burden on small 
entities unless they applied for funding under the program. We expect 
that in determining whether to apply for any project under the 
Rehabilitation Training (RT) program funds, an eligible applicant would 
evaluate the requirements of preparing an application and any 
associated costs and weigh them against the benefits likely to be 
achieved by receiving a RT grant. Eligible applicants most likely would 
apply only if they determine that the likely benefits exceed the costs 
of preparing an application. The likely benefits include the potential 
receipt of a grant as well as other benefits that may accrue to an 
entity through its development of an application.
    This proposed regulatory action would not have a significant 
economic impact on a small entity once it receives a grant because it 
would be able to meet the costs of compliance using the funds provided 
under this program. We invite comments from eligible small entities as 
to whether they believe this proposed regulatory action would have a 
significant economic impact on them and, if so, request evidence to 
support that belief.

Assessment of Educational Impact

    In accordance with section 411 of the General Education Provisions 
Act, 20 U.S.C. 1221e-4, the Secretary particularly requests comments on 
whether these proposed regulations would require transmission of

[[Page 5786]]

information that any other agency or authority of the United States 
gathers or makes available.
    Accessible Format: On request to one of the program contact persons 
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, compact disc, or other 
accessible format.
    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 Department documents 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. Y ou may also access Department documents 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.

Glenna Wright-Gallo,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2025-01337 Filed 1-16-25; 8:45 am]
BILLING CODE 4000-01-P
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