[Federal Register Volume 86, Number 118 (Wednesday, June 23, 2021)]
[Notices]
[Pages 32909-32915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13190]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Rehabilitation Short-Term Training: 
Client Assistance Program

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

ACTION: Notice.

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[[Page 32910]]

SUMMARY: The U.S. Department of Education (Department) is issuing a 
notice inviting applications (NIA) for Federal fiscal year (FFY) 2021 
for the Rehabilitation Short-Term Training--Client Assistance Program 
(CAP Training), Assistance Listing Number 84.246K. This notice relates 
to the approved information collection under OMB control number 1820-
0018.

DATES: 
    Applications Available: June 23, 2021.
    Deadline for Transmittal of Applications: August 9, 2021.
    Date of Pre-Application Meeting: The Office of Special Education 
and Rehabilitative Services (OSERS) will post a PowerPoint presentation 
that provides general information related to the Rehabilitation 
Services Administration's (RSA) discretionary grant competitions and a 
PowerPoint presentation specifically related to this Rehabilitation 
Short-Term Training program competition at https://ncrtm.ed.gov/RSAGrantInfo.aspx. OSERS will conduct a pre-application meeting 
specific to this competition via conference call to respond to 
questions. Information about the pre-application meeting will be 
available at https://ncrtm.ed.gov/RSAGrantInfo.aspx prior to the date 
of the call. OSERS invites you to send questions to <a href="/cdn-cgi/l/email-protection#023a362c303634494267662c656d74"><span class="__cf_email__" data-cfemail="5f676b716d6b69141f3a3b71383029">[email protected]</span></a> in 
advance of the pre-application meeting. The teleconference information, 
including the 84.246K pre-application meeting summary of the questions 
and answers, will be available at https://ncrtm.ed.gov/RSAGrantInfo.aspx within six days after the pre-application meeting.
    Deadline for Intergovernmental Review: October 6, 2021.

ADDRESSES: For the addresses for obtaining and submitting an 
application, please refer to our Common Instructions for Applicants to 
Department of Education Discretionary Grant Programs, published in the 
Federal Register on February 13, 2019 (84 FR 3768) and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf.

FOR FURTHER INFORMATION CONTACT: Felipe Lulli, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5051, Potomac Center Plaza, 
Washington, DC 20212-2800. Telephone: (202) 245-7425. Email: 
<a href="/cdn-cgi/l/email-protection#ead2dec4d8dedca1aa8f8ec48d859c"><span class="__cf_email__" data-cfemail="f4ccc0dac6c0c2bfb49190da939b82">[email protected]</span></a>.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The Rehabilitation Short-Term Training program 
is designed to provide short-term training and technical instruction in 
areas of special significance to the vocational, medical, social, and 
psychological rehabilitation programs, supported employment program, 
independent living services programs, and Client Assistance Program 
(CAP), including special seminars, institutes, workshops, and other 
short-term courses. Short-term training projects may be of regional or 
national scope.
    Priority: This priority is from the notice of final priority (NFP) 
for this program published elsewhere in this issue of the Federal 
Register.
    Absolute Priority: For FFY 2021, this is an absolute priority. 
Under 34 CFR 75.105(c)(3), we consider only applications that meet this 
absolute priority.
    This priority is:
    Rehabilitation Short-Term Training--Client Assistance Program (CAP 
Training).
    This CAP Training priority is designed to provide CAP professionals 
the necessary knowledge, competencies, and skills to inform, assist, 
and advocate for clients and client-applicants regarding expanded 
education, training, and competitive integrated employment 
opportunities and other services and benefits available under the 
Rehabilitation Act of 1973, as amended by the Workforce Innovation and 
Opportunity Act of 2014 (WIOA).
    Under this priority, the grantee must provide comprehensive and in-
depth training and technical assistance activities that provide updated 
information about CAP duties and responsibilities under the 
Rehabilitation Act; expanded vocational rehabilitation (VR) service 
provisions in the Rehabilitation Act, including section 113 on pre-
employment transition services and section 511 regarding limitations on 
use of subminimum wage; and on other education, training, and 
employment opportunities under WIOA, including career pathways, 
apprenticeships, and customized employment. The training and technical 
assistance must enhance CAP professionals' individual and systems 
advocacy competencies and their leadership, relationship-building, and 
outreach skills. In addition, the training and technical assistance 
must strengthen the institutional effectiveness of the CAPs in the 
individual States through strategic planning and resource management 
capacity-building activities. In providing the training and technical 
assistance, the grantee must consider the challenges and opportunities 
experienced by the VR program and other programs authorized under the 
Rehabilitation Act, as amended by WIOA, and encourage greater 
communication and coordination between the CAPs and those programs.
    Under this priority, the Secretary funds only applications that 
meet the project requirements outlined below. Applicants must describe 
major implementation activities, timelines, and milestones for each of 
the following project requirements:
    (a) Training and technical assistance to increase CAP 
professionals' knowledge, skills, and competencies in the four broad 
subject areas and related topics:
    (1) The Rehabilitation Act, as amended by WIOA, including--
    (i) CAP duties and responsibilities under section 112(a) of the 
Rehabilitation Act and other pertinent provisions including section 
101(a)(16) regarding CAP consultation on draft policies and procedures 
governing the provision of VR services and section 105(b) regarding CAP 
membership on the State Rehabilitation Councils (SRC);
    (ii) VR service provision requirements in the Rehabilitation Act 
and its regulations, policy guidance, and legal decisions, including 
those regarding section 113 on pre-employment transition services and 
section 511 regarding limitations on use of subminimum wage;
    (iii) Requirements related to other projects, programs, and 
services under the Rehabilitation Act, as amended by WIOA, including 
the independent living programs authorized in Title VII;
    (iv) Expanded training, education, and employment opportunities 
under WIOA, including but not limited to the provision of pre-
employment transition services, apprenticeships, customized employment, 
career pathways, and the focus on postsecondary credential attainment, 
including advanced degrees;
    (v) Challenges and opportunities in implementing the expanded VR 
service provisions and other benefits available under the 
Rehabilitation Act, as amended by WIOA, including consideration of 
Federal and State statutes, regulations, and policies that impact the 
delivery of VR services in the States, such as the transition services 
provisions of the Individuals with Disabilities Education Act;
    (vi) Obstacles that individuals with disabilities--including 
individuals with the most significant disabilities, students and youth 
with disabilities,

[[Page 32911]]

members of traditionally unserved or underserved groups, and 
individuals in economically disadvantaged communities--experience in 
accessing VR services and other services and benefits under 
Rehabilitation Act; and
    (vii) The complementary roles of CAPs, State VR agencies, SRCs, 
community rehabilitation programs, WOIA core partners, and key 
stakeholders of the VR program and other services and programs 
authorized by the Rehabilitation Act, as amended by WIOA.
    (2) Discrete skills related to CAP duties and responsibilities, 
including--
    (i) Individual advocacy;
    (ii) Systems advocacy;
    (iii) Alternate dispute resolution; and
    (iv) Leadership, relationship-building, and outreach.
    (3) Strategic planning, including--
    (i) Assessments of the State's program priorities, challenges, 
needs, and opportunities in implementing the expanded VR program 
provisions and other benefits and services under the Rehabilitation 
Act, as amended by WIOA. Strategic assessments may include targeted 
reviews of the Unified or Combined State Plans, monitoring reports, 
Annual Client Assistance Program Report (RSA-227), other State Plans 
and reports, and input from agency leadership and staff, SRC members, 
clients, applicants, and other key stakeholders;
    (ii) Development of the individual CAPs' strategic goals and action 
plans (including their particular training or technical assistance 
needs), based on identified program priorities, challenges, needs, and 
opportunities; and
    (iii) Strategic outreach and engagement with State VR agencies, 
SRCs, and other stakeholders associated with the programs and services 
authorized under the Rehabilitation Act to increase collaboration in 
support of improved service delivery and outcomes in the State.
    (4) Resource management, including--
    (i) Budgeting and financial oversight practices in support of 
strategic goals and objectives, consistent with Generally Accepted 
Accounting Practices; and
    (ii) Uniform Administrative Requirements, Cost Principles, and 
Audit Requirements for Federal Awards, at 2 CFR part 200, pertinent to 
CAP and VR program operations.
    (b) Comprehensive plan for the provision of training and technical 
assistance on the required subject areas and topics, based on a 
comprehensive assessment of CAP professionals' needs. The training and 
technical assistance plan must describe the following:
    (1) Subject areas and topics, specifically, how they will be 
prioritized and made available in the initial year and subsequent years 
of the project;
    (2) Training activities, consisting of both established training 
modules and ad hoc training responsive to emerging circumstances or 
trends;
    (3) Technical assistance, consisting of individualized assistance 
on applying principles and practices from training on the required 
subject areas and topics, as well as consultation on options for 
applying existing law, regulations, and RSA-issued guidance to specific 
factual circumstances that arise in the course of CAP professionals' 
individual or systems advocacy efforts;
    (4) Training and technical assistance curricula, materials, and 
tools, which may incorporate the resources developed by current and 
former RSA VR technical assistance centers and demonstration projects, 
available at the National Clearinghouse of Rehabilitation Training 
Materials;
    (5) Information delivery methods, including in-person and virtual 
activities, communities of practice, social media, and searchable 
databases; and
    (6) State-of-the-art communication tools and platforms, including 
an interactive project website, distance learning and convening 
technologies, and searchable databases.
    The comprehensive needs assessment may comprise selective reviews, 
on a national basis, of RSA-227s, Unified or Combined State Plans, RSA 
State monitoring reports, other State Plans and reports, and input from 
CAP professionals and key stakeholders, including VR agency and SRC 
representatives.
    (c) Quality control processes to ensure that training and technical 
assistance activities and materials are updated to reflect the 
statutory and regulatory changes in the Rehabilitation Act, as amended 
by WIOA, the RSA policy guidance updates, and future reauthorizations 
of the Rehabilitation Act.
    (d) Coordination with and leveraging the resources of RSA's 
vocational rehabilitation technical assistance centers and other 
Federal or non-Federal programs, including the National Technical 
Assistance Center on Transition and the recently funded RSA technical 
assistance centers on Quality Employment and Quality Management in the 
development and delivery of CAP Training project activities, 
curriculum, materials, and tools.
    (e) Coordination with the entity providing training and technical 
assistance to the Protection and Advocacy of Individual Rights program, 
consistent with section 509 of the Rehabilitation Act.
    (f) Comprehensive evaluation plan based on performance measures 
established in this notice inviting applications, consistent with the 
Government Performance and Results Act.
    CAP Training performance will be assessed based on the following 
considerations:
    (a) Increased capacity to provide individual and systems advocacy, 
alternative dispute resolution, and outreach to unserved or underserved 
populations, as reported by the CAP professionals.
    (b) Trends in pertinent CAP services, including individual and 
systems advocacy.
    (c) Relationship between the observed CAP services trends and the 
training and technical assistance provided under this priority.
    The performance evaluation will be based on a variety of 
quantitative and qualitative data sources, including, but not limited 
to:
    (a) RSA-227;
    (b) Pre- and post-training assessments;
    (c) Questionnaires, surveys, and focus groups;
    (d) Success stories; and
    (e) Peer reviews.
    The evaluation plan must include a logic model that outlines the 
proposed project activities, outputs, outcomes, baselines, and targets. 
The plan also must describe how the evaluation results will be used to 
promote continuous program improvement throughout the grant's period of 
performance.
    Program Authority: 29 U.S.C. 772(a)(1).

    Note:  Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in the 
Federal civil rights laws.

    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 
97, 98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 
2 CFR part 180, as adopted and amended as regulations of the Department 
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of

[[Page 32912]]

the Department in 2 CFR part 3474. (d) The regulations for this program 
in 34 CFR parts 385 and 390. (e) The NFP.

    Note:  The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian Tribes.


    Note:  The regulations in 34 CFR part 86 apply to institutions 
of higher education only.

II. Award Information

    Type of Award: Discretionary grant.
    Estimated Available Funds: $308,000.
    Maximum Award: We will not make an award exceeding $308,000 for a 
single budget period of 12 months.
    Estimated Number of Awards: 1.

    Note:  The Department is not bound by any estimates in this 
notice.

    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: States and public or private nonprofit 
agencies and organizations, including Indian Tribes and institutions of 
higher education.

    Note:  If you are a nonprofit organization, under 34 CFR 75.51, 
you may demonstrate your nonprofit status by providing: (1) Proof 
that the Internal Revenue Service currently recognizes the applicant 
as an organization to which contributions are tax deductible under 
section 501(c)(3) of the Internal Revenue Code; (2) a statement from 
a State taxing body or the State attorney general certifying that 
the organization is a nonprofit organization operating within the 
State and that no part of its net earnings may lawfully benefit any 
private shareholder or individual; (3) a certified copy of the 
applicant's certificate of incorporation or similar document if it 
clearly establishes the nonprofit status of the applicant; or (4) 
any item described above if that item applies to a State or national 
parent organization, together with a statement by the State or 
parent organization that the applicant is a local nonprofit 
affiliate.

    2. a. Cost Sharing or Matching: Under 34 CFR 390.40, a grantee must 
contribute to the cost of a project under this program in an amount 
satisfactory to the Secretary. The part of the costs to be borne by the 
grantee is determined by the Secretary at the time of the grant award. 
For the purposes of this competition, the grantee is required to 
contribute at least 10 percent of the total cost of the project under 
this program. Furthermore, given the importance of cost sharing funds 
to the long-term success of the project, eligible entities must 
identify appropriate non-Federal funds in the proposed budget.
    b. Indirect Cost Rate Information: This program uses an 
unrestricted indirect cost rate. For more information regarding 
indirect costs or to obtain a negotiated indirect cost rate, please see 
www2.ed.gov/about/offices/list/ocfo/intro.html.
    c. Administrative Cost Limitation: This program does not include 
any program-specific limitation on administrative expenses. All 
administrative expenses must be reasonable and necessary and conform to 
Cost Principles described in 2 CFR part 200, subpart E, of the Uniform 
Guidance.
    3. Subgrantees: Under 34 CFR 75.708(b) and (c) a grantee under this 
competition may not award subgrants to entities to directly carry out 
project activities described in its application. Under 34 CFR 
75.708(e), a grantee may contract for supplies, equipment, and other 
services in accordance with 2 CFR part 200.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
follow the Common Instructions for Applicants to Department of 
Education Discretionary Grant Programs, published in the Federal 
Register on February 13, 2019 (84 FR 3768) and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf, which 
contain requirements and information on how to submit an application.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the CAP Training 
competition, your application may include business information that you 
consider proprietary. In 34 CFR 5.11 we define ``business information'' 
and describe the process we use in determining whether any of that 
information is proprietary and, thus, protected from disclosure under 
Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as 
amended).
    Because we plan to make successful applications available to the 
public, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you believe is exempt from disclosure 
under Exemption 4. In the appropriate Appendix section of your 
application, under ``Other Attachments Form,'' please list the page 
number or numbers on which we can find this information. For additional 
information please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. 
Information about Intergovernmental Review of Federal Programs under 
Executive Order 12372 is in the application package for this 
competition.
    4. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    5. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 45 pages and (2) use the 
following standards:
    <bullet> A ``page'' is 8.5<gr-thn-eq> x 11<gr-thn-eq>, on one side 
only, with 1<gr-thn-eq> margins at the top, bottom, and both sides.
    <bullet> Double space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
    <bullet> Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
    <bullet> Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The recommended page limit does not apply to the cover sheet; the 
budget section, including the narrative budget justification; the 
assurances and certifications; or the one-page abstract, the resumes, 
the bibliography, or the letters of support. However, the recommended 
page limit does apply to all the application narrative.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 390.30 and 34 CFR 75.210, have a maximum score of 100 
points, and are as follows:
    (a) Relevance to State-Federal rehabilitation service program. (10 
points)
    (1) The Secretary reviews each application for information that 
shows that the proposed project appropriately relates to the mission of 
the State-Federal rehabilitation service programs.
    (2) The Secretary looks for information that shows that the 
proposed project can be expected to improve the skills and competence 
of--
    (i) Personnel engaged in the administration or delivery of 
rehabilitation services; and
    (ii) Others with an interest in the delivery of rehabilitation 
services.
    (b) Quality of the project design. (15 points)
    (1) The Secretary considers the quality of the design of the 
proposed project.

[[Page 32913]]

    (2) In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable.
    (ii) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population or other identified needs.
    (c) Quality of project services. (20 points)
    (1) The Secretary considers the quality of the services to be 
provided by the proposed project.
    (2) In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the quality and 
sufficiency of strategies for ensuring equal access and treatment for 
eligible project participants who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability.
    (3) In addition, the Secretary considers the following factors:
    (i) The extent to which the training or professional development 
services to be provided by the proposed project are of sufficient 
quality, intensity, and duration to lead to improvements in practice 
among the recipients of those services.
    (ii) The extent to which the services to be provided by the 
proposed project are appropriate to the needs of the intended 
recipients or beneficiaries of those services.
    (d) Quality of project personnel. (15 points)
    (1) The Secretary considers the quality of the personnel who will 
carry out the proposed project.
    (2) In determining the quality of project personnel, the Secretary 
considers the extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability.
    (3) In addition, the Secretary considers the following factors:
    (i) The qualifications, including relevant training and experience, 
of key project personnel.
    (ii) The qualifications, including relevant training and 
experience, of project consultants or subcontractors.
    (e) Adequacy of resources. (10 points)
    (1) The Secretary considers the adequacy of resources for the 
proposed project.
    (2) In determining the adequacy of resources for the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which the costs are reasonable in relation to the 
number of persons to be served and to the anticipated results and 
benefits.
    (ii) The adequacy of support, including facilities, equipment, 
supplies, and other resources, from the applicant organization or the 
lead applicant organization.
    (f) Quality of the management plan. (15 points)
    (1) The Secretary considers the quality of the management plan for 
the proposed project.
    (2) In determining the quality of the management plan for the 
proposed project, the Secretary considers the following factors:
    (i) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks.
    (ii) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed 
project.
    (g) Quality of the project evaluation. (15 points)
    (1) The Secretary considers the quality of the evaluation to be 
conducted of the proposed project.
    (2) In determining the quality of the evaluation, the Secretary 
considers the following factors:
    (i) The extent to which the methods of evaluation are thorough, 
feasible, and appropriate to the goals, objectives, and outcomes of the 
proposed project.
    (ii) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes.
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.206, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
200.208, the Secretary may impose specific conditions, and under 2 CFR 
3474.10, in appropriate circumstances, high-risk conditions on a grant 
if the applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.206(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through the System for Award Management. You may 
review and comment on any information about yourself that a Federal 
agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.
    5. In General: In accordance with the Office of Management and 
Budget's guidance located at 2 CFR part 200, all applicable Federal 
laws, and relevant Executive guidance, the Department will review and 
consider applications for funding pursuant to this notice inviting 
applications in accordance with:
    (a) Selecting recipients most likely to be successful in delivering 
results based on the program objectives through an

[[Page 32914]]

objective process of evaluating Federal award applications (2 CFR 
200.205);
    (b) Prohibiting the purchase of certain telecommunication and video 
surveillance services or equipment in alignment with section 889 of the 
National Defense Authorization Act of 2019 (Pub. L. 115-232) (2 CFR 
200.216);
    (c) Providing a preference, to the extent permitted by law, to 
maximize use of goods, products, and materials produced in the United 
States (2 CFR 200.322); and
    (d) Terminating agreements in whole or in part to the greatest 
extent authorized by law if an award no longer effectuates the program 
goals or agency priorities (2 CFR 200.340).

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit semiannual 
and annual performance reports that provide the most current 
performance and financial expenditure information as directed by the 
Secretary under 34 CFR 75.118. The Secretary may also require more 
frequent performance reports under 34 CFR 75.720(c). For specific 
requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    5. Performance Measures: The Government Performance and Results Act 
of 1993 (GPRA) directs Federal departments and agencies to improve the 
effectiveness of their programs by engaging in strategic planning, 
setting outcomes-related goals, and measuring results against those 
goals.
    The GPRA performance measures for this program are as follows:
    (1) The number and percentage of cases closed in the VR client or 
applicant's favor.
    (2) The number and percentage of individual cases resolved through 
Alternative Dispute Resolution.
    (3) The percentage of individual CAP programs reporting that their 
systemic advocacy resulted in a change in policy or practice of an 
agency.
    (4) The number of non-litigation systemic activities not involving 
individual representation that resulted in the change of one or more 
policies or practices of an agency.
    The program performance measures for this program are as follows:
    (1) The number and percentage of CAP professionals reporting 
increased capacity to provide individual and systems advocacy on the 
expanded VR service provisions and opportunities under WIOA, as a 
result of the training and technical assistance activities under this 
priority.
    (2) The number and percentage of CAP professionals reporting 
increased capacity to reach priority unserved or underserved 
populations in their States, as a result of the training and technical 
assistance activities under this priority.
    (3) The number and percentage of CAP professionals reporting 
increased strategic planning and resource management capabilities, as a 
result of the training and technical assistance activities under this 
priority.
    The CAP Training grantee must collect the quantitative and 
qualitative data necessary to track and report on the GPRA and program 
measures, including an estimated total number of CAP professionals 
nationwide.
    Annual project progress toward meeting the performance measures and 
project goals must be posted on the project website.
    6. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: Whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, whether 
the grantee has made substantial progress in achieving the performance 
targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document and a copy of the application package in an 
accessible format. The Department will provide the requestor with an 
accessible format that may include Rich Test 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: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.

[[Page 32915]]

    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

David Cantrell,
Deputy Director, Office of Special Education Programs, delegated the 
authority to perform the functions and duties of the Assistant 
Secretary for the Office of Special Education and Rehabilitative 
Services.
[FR Doc. 2021-13190 Filed 6-17-21; 4:15 pm]
BILLING CODE 4000-01-P


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