[Federal Register Volume 86, Number 118 (Wednesday, June 23, 2021)]
[Rules and Regulations]
[Pages 32770-32775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13191]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2020-OSERS-0192]


Final Priority--Rehabilitation Short-Term Training: Client 
Assistance Program

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

ACTION: Final priority.

-----------------------------------------------------------------------

SUMMARY: The Department of Education (Department) announces a priority 
under the Rehabilitation Short-Term Training program, Assistance 
Listing Number 84.246K. We take this action to improve the capacity of 
Client Assistance Program (CAP) professionals to inform, assist, and 
advocate for clients and client applicants about expanded education, 
training, and competitive integrated employment opportunities available 
through the State Vocational Rehabilitation Services program, and about 
the benefits and services available through other programs authorized 
by the Rehabilitation Act of 1973 (Rehabilitation Act), as amended by 
the Workforce Innovation and Opportunity Act (WIOA). We may use this 
priority for competitions in Federal fiscal year (FFY) 2021 and later 
years. The priority will provide enhanced training and technical 
assistance on CAP duties and responsibilities under section 112 of the 
Rehabilitation Act, State Vocational Rehabilitation (VR) service 
provision requirements and other benefits and services under the 
Rehabilitation Act, expanded opportunities under WIOA, individual and 
systems advocacy competencies, and leadership, relationship-building, 
and outreach skills as well as CAP strategic planning and resources 
management capacity-building. Also, the priority will promote the use 
of flexible training delivery methods, including in-person and virtual 
activities, and state-of-the-art communication tools and platforms, 
including the latest distance learning and convening technologies.

DATES: This priority is effective July 23, 2021.

FOR FURTHER INFORMATION CONTACT: Felipe Lulli, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5101, Potomac Center Plaza, 
Washington, DC 20202-2800. Telephone: (202) 245-7425. Email: 
<a href="/cdn-cgi/l/email-protection#6a525e44585e5c212a0f0e440d051c"><span class="__cf_email__" data-cfemail="033b372d313735484366672d646c75">[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: 
    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, 
including special seminars, institutes, workshops, and other short-term 
courses. Short-term training projects may be of regional or national 
scope.
    Program Authority: 29 U.S.C. 772(a)(1).
    Applicable Program Regulations: 34 CFR parts 385 and 390.
    We published a notice of proposed priority (NPP) for this 
competition in the Federal Register on February 19, 2021 (86 FR 10213). 
The NPP contained background information and our reasons for proposing 
the priority.
    Editorial and technical revisions are explained in the discussion 
of comments that follow.
    Public Comment: In response to our invitation in the NPP, 23 
parties submitted comments on the proposed priority.
    We group major issues according to subject. Generally, we do not 
address technical and other minor changes or suggested changes the law 
does not authorize us to make. In addition, we do not address general 
comments that raise concerns not directly related to the proposed 
priority.
    Analysis of Comments and Changes: An analysis of the comments and 
of any changes in the priority since publication of the NPP follows.

State VR/CAP Coordination and Communication

    Comment: Several commenters addressed the priority's requirement 
that, in providing training and technical assistance, the grantee 
considers the challenges that State VR agencies face in implementing 
WIOA's expanded VR services provisions. These commenters expressed the 
concern that the priority's emphasis on VR agency challenges would have 
the effect of ``shielding'' the agency from its statutory 
responsibility to provide quality and timely VR services in accordance 
with the Rehabilitation Act. These commenters indicated that CAPs also 
face similar challenges and argue that any consideration of WIOA 
implementation challenges should encompass both perspectives.
    Conversely, some commenters cited several VR agency challenges and 
limitations--financial and non-financial--beyond those referenced in 
the NPP and about which, these commenters believe, CAPs may not be 
sufficiently aware. These commenters cited, as examples, issues related 
to the Rehabilitation Act-Individuals with Disabilities Education Act 
coordination in the delivery of pre-employment transition services; the 
Rehabilitation Act's maintenance of effort requirements; and parameters 
set by the States' written policies governing the nature and scope of 
VR services and the Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements (2 CFR part 200), among others. The 
commenters recommended greater emphasis on improving communication 
between the CAPs and the State VR agencies to promote mutual 
understanding about their distinct roles, approaches, and perspectives; 
more training about the impact of Federal and State statutes, 
regulations, and policies on the delivery of VR services in the States; 
and closer coordination between the CAPs and the State VR agencies on 
both individual cases and statewide initiatives to improve competitive 
integrated employment outcomes for VR clients and applicants. 
Additionally, one commenter recommended that the comprehensive needs 
assessment questionnaires, surveys, or focus group include broader 
input from VR agencies and the State Rehabilitation Councils (SRCs).
    Discussion: The Department agrees that the priority's references to 
VR agency challenges should not be interpreted as a dispensation from 
the VR program requirements in the Rehabilitation Act, as amended by 
WIOA. The Department also agrees that

[[Page 32771]]

VR clients and applicants would be well served by increased 
coordination, communication, and cross-training between CAPs and VR 
agencies. The priority includes several provisions that promote such 
coordination, communication, and training. Required training topics 
include the obstacles faced by individuals represented by the CAPs and 
the challenges faced by VR agencies; the roles of SRCs, workforce 
development partners, and other key VR stakeholders; leadership, 
relationship-building, and outreach skills for CAP professionals; 
strategic assessments of VR program challenges, needs, and 
opportunities based on the CAPs; and strategic engagement with State VR 
agencies, SRCs, and other stakeholders in response to such assessments. 
In addition, the NPP requires that CAP training and technical 
assistance be based on a comprehensive needs assessment that considers 
the needs of CAP professionals and individuals with disabilities in the 
context of VR program challenges, needs, and opportunities.
    We are revising the priority to further emphasize CAP coordination 
and communication with the stated purpose of improving VR service 
delivery and, thus, competitive integrated employment outcomes for VR 
clients and applicants.
    Changes: The Department added language encouraging greater 
communication, coordination, cross-training, and feedback between the 
CAP and the State VR agencies, SRCs, workforce partners, and other 
programs and services available under the Rehabilitation Act in the 
priority's introductory paragraphs; in required topic areas (a)(1)(iv) 
and (vi) and (a)(3)(i) and (iii); and in the comprehensive needs 
assessment section. Also, we added a reference to the CAP's 
participation in the SRC under the CAP duties and responsibilities 
required topic area.

Policy Analysis

    Comment: One commenter suggested that policy analysis is an 
additional area that needs to be addressed in the CAP Training 
priority. The commenter points out that, under section 101(a)(16)(A) 
and (B) of the Rehabilitation Act, the designated State agency is 
required to actively consult with the CAP prior to the adoption of any 
policies or procedures governing the provision of VR services under the 
State plan, or amendments thereof, and to consider the views of the CAP 
director in matters of general policy arising in the administration of 
the plan.
    Discussion: The Department agrees that CAP professionals must 
develop the expertise necessary to advise State designated agencies on 
proposed policies and procedures governing the provision of VR 
services, consistent with section 101(a)(16)(A) and (B)(iv) of the 
Rehabilitation Act. The NPP supports the development of such expertise 
by requiring CAP training on the service provision requirements in the 
Rehabilitation Act and its regulations, policy guidance, and legal 
decisions, including those related to section 113 on pre-employment 
transition services and section 511 regarding limitations on use of 
subminimum wage. We are revising the priority to further foster and 
facilitate meaningful CAP input on policies or procedures governing the 
provision of VR services before they are adopted by the State 
designated agency, consistent with the Rehabilitation Act. The final 
priority's new provisions on coordination and communication discussed 
above should also foster favorable conditions for the CAPs to provide 
input on proposed VR service provision policies and procedures.
    Changes: The Department added a reference to section 101(a)(16) 
under the final priority's required topic area on CAP duties and 
responsibilities.

Dispute Resolution Between CAPs and State VR Agencies

    Comment: One commenter stated that the priority should encourage 
CAPs and State VR agencies to resolve disputes at the lowest level of 
intervention possible to minimize the need for litigation and maximize 
the amount of Federal funds available for the provision of VR services 
that individuals need to obtain their employment goals under the 
Rehabilitation Act.
    Discussion: The Department agrees that the priority should 
encourage CAPs to resolve disputes at the lowest level possible. 
Accordingly, alternate dispute resolution is one of the required 
training topic areas under this priority. Also, the notice inviting 
applications published elsewhere in this issue of the Federal Register 
includes two pertinent Government Performance and Results Act (GPRA) 
performance measures: Number and percentage of individual cases 
resolved through alternative dispute resolution and 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. Moreover, we expect that the priority's provisions regarding 
coordination and communication between CAPs, State VR agencies, and 
other programs within the scope of CAP will help create an environment 
favorable to non-litigation dispute resolution activities and outcomes.
    Changes: None.

CAP Training Nature and Scope

    Comment: One commenter raised the question of whether the CAP 
Training priority's purview extends beyond the VR services outlined in 
Title I of the Rehabilitation Act, as amended by WIOA. The commenter 
notes that section 112(a) extends the CAP program's role to all the 
projects, programs, and services provided under the Rehabilitation Act, 
including independent living.
    Discussion: The Department agrees that, under section 112(a) of the 
Rehabilitation Act, CAPs are responsible for informing, assisting, 
advising, and advocating for projects, programs, and services under the 
Rehabilitation Act beyond VR, including the independent living 
programs. In response, the priority has been revised to ensure 
consistency with Section 112(a) of the Rehabilitation Act.
    Changes: The Department incorporated throughout the priority 
references to other projects, programs, and services provided by the 
Rehabilitation Act, in addition to the priority's original references 
to the VR program.
    Comment: One commenter expressed support for the priority's 
provisions regarding CAP Training coordination with the Rehabilitation 
Services Administration (RSA) VR technical assistance centers. Also, 
the commenter recommended further integration with the technical 
assistance centers through the CAP Training grantee's participation in 
the Intensive Technical Assistance (ITA) agreements established between 
the technical assistance centers and participating State VR agencies. 
The commenter also recommended that the CAP Training grantee join the 
Technical Assistance Center Collaborative that convenes monthly to 
coordinate delivery of the centers' technical assistance to the VR 
agencies.
    Discussion: The Department agrees with the importance of 
coordination between the CAP Training program and the RSA VR technical 
assistance centers. Accordingly, the priority requires the coordination 
and leveraging of resources between the CAP Training grantee and the 
technical assistance centers. Towards that end, we will encourage the 
CAP Training grantee to attend the Technical Assistance Center 
Collaborative meetings. However, it is not feasible or appropriate for 
the CAP Training grantee to participate directly in the ITA agreements. 
CAP Training activities do not constitute ITA, as

[[Page 32772]]

defined in the technical assistance centers' final priority. Under the 
priority, CAP training is available primarily to individual CAP 
professionals nationwide, whereas technical assistance to CAPs in 
individual States are available on a short-term, issue-specific basis 
only. The CAP Training grantee will be able to learn about the ITA 
agreements through its participation in the Technical Assistance Center 
Collaborative. Participation in the collaborative may also offer 
opportunities for short-term collaborative opportunities between CAP 
Training and the technical assistance centers in individual States.
    Changes: None.

Funding Needs

    Comment: Several commenters noted that the priority's increased 
focus on strategic planning and resource management would require 
increased funding relative to that under the prior priority.
    Discussion: The funding level established in the notice inviting 
applications published elsewhere in this issue of the Federal Register 
for the FFY 2021 competition reflects the Department's recognition of 
the funding needs associated with the increased focus on strategic 
planning and resource management capacity-building and other aspects of 
this priority.
    Changes: None.

Access to State Plans and Program Reports

    Comment: Several commenters questioned whether the grantee would 
have the necessary access to Unified or Combined State Plans, State 
monitoring reports, Annual Client Assistance Program Reports (RSA-227), 
and input from VR clients.
    Discussion: The approved Unified and Combined State plans can be 
found at https://wioaplans.ed.gov/. The State monitoring reports, RSA-
227, State VR annual reports, and other pertinent information resources 
are currently available on the RSA's upgraded information management 
system, at rsa.ed.gov. The Department expects that these information 
resources will be used for two broad purposes under this priority: A 
comprehensive needs assessment that the grantee will conduct at the 
national level and the strategic planning activities that individual 
CAPs will conduct at the State level. RSA will provide the CAP Training 
grantee with technical assistance to access State Plans, RSA-227s, 
State monitoring reports, and other pertinent resources for its 
comprehensive needs assessment. In turn, the CAP Training grantee is 
expected to help individual CAPs to access and analyze these resources 
and to gather and assess input from VR clients and other key 
stakeholders as part of their strategic planning activities.
    Changes: None.
    FINAL PRIORITY:
    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 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 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 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, members of traditionally unserved or underserved 
groups, and individuals in economically disadvantaged communities--
experience in accessing VR services and other services and benefits 
under the Rehabilitation Act; and
    (vii) The complementary roles of CAPs, State VR agencies, SRCs, 
community rehabilitation programs, WIOA 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

[[Page 32773]]

    (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 the 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.
    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)).
    This document does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.

    Note: This document does not solicit applications. In any year 
in which we choose to use this priority, we invite applications 
through a notice in the Federal Register.


[[Page 32774]]



Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Office of Management and Budget 
(OMB) must determine 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 defines 
a ``significant regulatory action'' as an action likely to result in a 
rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
Tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3 (f) of Executive Order 12866.
    We have also reviewed this 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 this final priority only on a reasoned determination 
that the benefits will justify the 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 will not unduly 
interfere with State, local, 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. 
The costs will include the time and effort in responding to the 
priority for entities that choose to respond. Potential benefits 
include increased access to the educational, training, and competitive 
integrated employment opportunities under the Rehabilitation Act, as 
amended by WIOA, for individuals with disabilities, through improved 
CAP professional development and institutional capacity nationwide.
    Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. One of the 
objectives of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism. The Executive order relies 
on processes developed by State and local governments for coordination 
and review of 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 final regulatory action will not have a significant economic 
impact on a substantial number of small entities. The U.S. Small 
Business Administration Size Standards define ``small entities'' as 
for-profit or nonprofit institutions with total annual revenue below 
$7,000,000 or, if they are institutions controlled by small 
governmental jurisdictions (that are comprised of cities, counties, 
towns, townships, villages, school districts, or special districts), 
with a population of less than 50,000.
    The small entities that this final regulatory action will affect 
are States and public or private nonprofit agencies and organizations, 
including Indian Tribes and institutions of higher education, which are 
the eligible applicants for this program. We believe that the costs 
imposed on an applicant by the final priority are limited to the 
paperwork burden related to preparing an application and that the 
benefits of the final priority will outweigh any costs incurred by the 
applicant. There are very few entities that could provide the type of 
technical assistance required under the final priority. For these 
reasons, the final priority will not impose a burden on a significant 
number of small entities.
    Paperwork Reduction Act of 1995: The priority contains information 
collection requirements that are approved by OMB under OMB control 
number 1820-0018; the priority does not affect the currently approved 
data collection.
    Accessible Format: On request to the contact person listed under 
FOR FURTHER INFORMATION CONTACT, individuals with disabilities can 
obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal

[[Page 32775]]

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. 2021-13191 Filed 6-17-21; 4:15 pm]
BILLING CODE 4000-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>