PKG00262915-instructions.pdf

U.S. DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

WASHINGTON, D.C. 20202-2800

2020 APPLICATION KIT FOR NEW GRANTS

UNDER

THE REHABILITATION SERVICES ADMINISTRATION

INNOVATIVE REHABILITATION TRAINING PROGRAM -

ASSISTING AND SUPPORTING INDIVIDUALS WITH DISABILITIES

PURSUING SELF-EMPLOYMENT, BUSINESS OWNERSHIP AND

TELECOMMUTING

CFDA 84.263E

FORM APPROVED

OMB NO. 1820-0018, EXP. DATE: 06/30/2022

ED FORM 424, OMB APPROVED

DATED MATERIAL—OPEN IMMEDIATELY

CLOSING DATE: SEPTEMBER 3, 2020

CONTENTS

SUBJECT SECTION

Dear Applicant Letter ................................................................................................................. A

Notice of Final Priorities ............................................................................................................. B

Notice Inviting Applications for New Awards .............................................................................. C

Selection Criteria for Applications............................................................................................... D

Application Transmittal Instructions ............................................................................................ E

Application Abstract Instructions ................................................................................................ F

Application Forms ...................................................................................................................... G

Part I: Federal Assistance Face Page (SF-424) Part II: Budget Information (ED 524) Part III: Application Narrative Part IV: Grant Application Form for Project Objectives and Performance Measures Information Part V: Evidence Form (optional) Part VI: Certifications and Disclosures:

• Certification Regarding Lobbying: Certification for Contracts, Grants, Loans and Cooperative Agreements;

• Disclosure of Lobbying Activities (SF-LLL)

Important Notices/Information .................................................................................................... H

• Notice to All Applicants, Section 427 of the General Education Provisions Act (GEPA)

• The Government Performance and Results Act (GPRA)

• Executive Order 12372 (Intergovernmental Review of Federal Programs)

• Electronic Notification Option for Grant Awards

Additional Information .................................................................................................................. I

• Applicant Checklist

• Common Questions and Answers

• Program Application Indirect Cost Instructions

• D-U-N-S Number Instructions

Section A

Dear Applicant Letter

UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

REHABILITATION SERVICES ADMINISTRATION

August 3, 2020

Dear Applicant:

This application package contains information and the required forms for you to use in submitting a new application for funding under Rehabilitation Training: Innovative

Rehabilitation Training Program.

The Department of Education (Department) is issuing a notice inviting applications (NIA) for fiscal year (FY) 2020 for the Innovative Rehabilitation Training program, Catalog of Federal

Domestic Assistance (CFDA) number 84.263D/E/F. These competitions fund time-limited training projects to develop, refine, implement, evaluate, and disseminate innovative methods of training vocational rehabilitation (VR) personnel and Client Assistance Program (CAP) personnel to support the work of the State VR agencies and the implementation of the

Rehabilitation Act of 1973, as amended by the Workforce Innovation and Opportunity Act

(Rehabilitation Act). In the FY 2020 competitions, the Department is focusing on innovative rehabilitation training in the following areas: CAP (84.263D); assisting and supporting individuals with disabilities pursuing self-employment, business ownership, and telecommuting

(84.263E); and field-initiated projects in an area related to VR (84.263F).

Projects funded under this Innovative Rehabilitation Training competition must meet rigorous standards in order to provide rehabilitation professionals the knowledge, skills, and qualifications necessary to meet the current challenges facing State vocational rehabilitation (VR) agencies and related agencies and to assist youth and adults with disabilities in achieving competitive integrated employment outcomes and independent living.

Please read this letter carefully as it includes important information related to the grant competition. Take the time to review all of the applicable requirements, definitions, selection criteria, and application instructions thoroughly. An application will not be evaluated for funding if the applicant does not comply with all of the procedural rules that govern the submission of the application or if the application does not contain the information required. (EDGAR §75.216 (b) and (c)).

Please note the following:

NOTICE OF FINAL PRIORITIES

The notice of Final Priorities (NFP) is published in the Federal Register, contained in

Section B of this application package, and is available to download and review.

NOTICE INVITING APPLICATIONS

The NIA is published in the Federal Register, contained in Section C of this Application

Package, and is available to download and review.

PRE-APPLICATION MEETING

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 RSA’s discretionary grant competitions and a PowerPoint presentation specifically related to this Innovative Rehabilitation 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 84.263DEF@ed.gov in advance of the pre-application meeting. The teleconference information, including the

84.263D/E/F 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.

COMMON INSTRUCTIONS FOR APPLICANTSTO DEPARTMENT OF

EDUCATION DISCRETIONARY GRANT PROGRAMS

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, 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.

GRANTS.GOV APPLICATION SUBMISSION AND SAM REGISTRATION

Applications for grants under this competition must be submitted electronically using the

Grants.gov Apply site (www.Grants.gov). Please read carefully the Grants.gov Submission

Procedures and Tips for Applicants document included in Section E of this application package, which includes helpful tips about submitting electronically using the Grants.gov

Apply site. Grants.gov registration involves many steps including registration on SAM file:///C:/Users/Debra.Sturdivant/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/8WBIWOAI/www.Grants.gov

(www.sam.gov) which may take approximately one week to complete, but could take as many as several weeks to complete. You may begin working on your application while completing the registration process, but you cannot submit an application until all of the

Registration steps are complete. Please note that once your SAM registration is active, it will take 24-48 hours for the information to be available in Grants.gov. You cannot submit an application through Grants.gov until Grants.gov has received your SAM registration information. We strongly encourage you to familiarize yourself with SAM and

Grants.gov and strongly recommend that you register and submit early.

Applicants are required to upload any narrative sections and all other attachments to your application as files in either Portable Document Format (PDF) or Microsoft Word.

However, it is recommended that applicants upload files as read-only flattened PDFs. Please be aware that applications submitted to Grants.gov for the Department of Education will now be posted using Adobe forms. Information on computer and operating system compatibility with Adobe and links to download the latest version of Adobe are available on Grants.gov.

Please note that you must follow the Application Procedures as described in the Federal

Register notice announcing this grant competition. Information (including dates and times) about how to submit your application electronically can also be found in Section E of this application package.

EDUCATION DEPARTMENT GENERAL ADMINISTRATIVE REGULATIONS

(EDGAR)

The Innovative Rehabilitation Training program is subject to the requirements of the Education

Department General Administrative Regulations at 34 CFR Parts 75, 77, 79, 81, 82, 84, 86, 97, 98, and 99. These regulations set forth all general rules affecting application submittal, review, grant awarding, and post-award administration of Department of Education grant programs.

INTERGOVERNMENTAL REVIEW

This competition is subject to Executive Order 12372 and the regulations in 34 CFR part 79.

However, under 34 CFR 79.8(a), we waive intergovernmental review in order to make an award by the end of FY 2020.

BUDGET INFORMATION AND MAXIMUM AWARD AMOUNT

Applicants for multi-year projects are required to provide detailed budget information for each of the five project years.

http://www.sam.gov/

Maximum Award Amount

The competition included in this package has a maximum award amount. Please refer to the specific information for the priority/competition to which you are submitting an application (i.e., Section C of this package) for detailed budget information for the total grant period requested.

Please be advised that for the priorities in this package, the maximum award amount covers all project costs including indirect costs.

The Department will determine at the time of the initial award, the funding levels for each year of the grant award. However, we will not make an award exceeding $450,000 for a single budget period of 12 months.

Required Cost Share

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.

Given the importance of the cost share funds to the long-term success of the projects, eligible entities must identify appropriate cost share funds in the proposed budget. Finally, the selection criteria include factors such as “the adequacy of resources”, including “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” and “the relevance and demonstrated commitment of each partner in the proposed project to the implementation and success of the project,” which may include a consideration of demonstrated cost sharing support.

Cost-Share Calculation Example:

The applicant’s cost-share requirement is 10 percent of the total cost of the project (Federal and non-Federal).

Federal share divided by 9 = Applicant Cost Share Amount

Example of Cost Share Calculation: The Federal funding amount is $1,000,000.00. The non-

Federal cost share is $111,111.11 (i.e., $1,000,000 divided by 9).

$1,000,000.00 divided by 9 = $111,111.11

The total coast of the project is $1,111,111.11 (Federal Share of $1,000,000.00 plus cost share of $111,111.11), of which the applicant must contribute $111,111.11.

Indirect Costs

Under 34 CFR 75.562(c), an indirect cost reimbursement on a training grant is limited to the recipient’s actual indirect costs, as determined by its negotiated indirect cost rate agreement, or eight percent of a modified total direct cost base, whichever amount is less. Indirect costs in excess of the limit may not be charged directly, used to satisfy matching or cost-sharing requirements, or charged to another Federal award.

Program Income

Any program income that may be incurred during the period of performance may only be directed towards advancing activities in the approved grant application and may not be used towards the 10 percent cost share requirement.

Subgrantees (Subawards)

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.

ABSOLUTE PRIORITIES

This competition includes three absolute priorities and two competitive preference priorities.

The Department will use non-Federal peer reviewers to review and score applications on the selection criteria.

Under these priorities, the Department funds innovative rehabilitation training projects to develop, refine, implement, evaluate, and disseminate innovative methods of training vocational rehabilitation (VR) personnel and Client Assistance Program (CAP) personnel to support the work of the State VR agencies and the implementation of the Rehabilitation Act, as amended by the Workforce Innovative and Opportunity Act (Rehabilitation Act). The

Secretary intends to award one national project under each of the following areas: CAP

(84.263D); assisting and supporting individuals with disabilities pursuing self-employment, business ownership, and telecommuting (84.263E); and field-initiated projects in an area related to VR (84.263F). As a result, the Secretary may fund applications out of rank order.

In the event that there are no applications submitted or deemed eligible to fund under priorities 1 or 2, the Secretary may fund more than one field-initiated project under priority 3.

The goal of these priorities is to develop (a) new types of training programs for rehabilitation personnel and to demonstrate the effectiveness of these new types of training programs for rehabilitation personnel in providing rehabilitation services to individuals with disabilities;

(b) new and improved methods of training rehabilitation personnel so that there may be a more effective delivery of rehabilitation services to individuals with disabilities by designated State rehabilitation agencies and designated State rehabilitation units or other public or non-profit rehabilitation service agencies or organizations; and (c) new innovative training programs for VR professionals and paraprofessionals to have a 21st-century understanding of the evolving labor force and the needs of individuals with disabilities so they can more effectively provide VR services to individuals with disabilities. Projects must be awarded and operated in a manner consistent with the nondiscrimination requirements contained in the U.S. Constitution and the Federal civil rights laws. Prior to the peer review, Department staff will determine if an application has met the appropriate absolute priority and is eligible for peer review. An application that has not met the absolute priority will not be considered for funding and may not be reviewed.

APPLICATION NARRATIVE AND SELECTION CRITERIA

Part III of the application narrative is where you, the applicant, address the absolute priority, particularly the Application Requirements and the Project Requirements in the NFP and the

NIA. The application narrative must also address the selection criteria, which the competition peer reviewers use to evaluate and score each application. The selection criteria may be found in Section D of this application package or Section V.1. of the NIA. Please note that peer reviewers are instructed that appendix material is considered supplemental material to support or show evidence supporting statements made in the narrative and that they are not required to review such material (they are neither requested nor expected to consider appendix material in rating applications).

EVIDENCE OF EFFECTIVENESS FORM (OPTIONAL)

Applicants are not required to complete the Evidence of Effectiveness Form for the 84.264J competition in this application package.

PROTECTION OF HUMAN SUBJECTS IN RESEARCH.

The discretionary grant Application Form SF-424 requires applicants to indicate whether they plan to conduct research involving human subjects at any time during the proposed project period. The Protection of Human Subjects in Research Attachment is an integral part of the SF-424 form. It includes information that applicants need to complete the protection of human subjects item and, as appropriate, to provide additional information to the Department regarding human subjects research projects. Additional information on completing the protection of human subjects item is also available and can be accessed on the internet at:

1. www.ed.gov/about/offices/list/ocfo/gcsindex.html

(e) www.ed.gov/about/offices/list/ocfo/humansub.html http://www.ed.gov/about/offices/list/ocfo/gcsindex.html http://www.ed.gov/about/offices/list/ocfo/humansub.html

RESPONSE TO PERFORMANCE MEASURES

This program contains two types of measures: 1) those related to Government Performance and Results Modernization Act (GPRA) of 2010, known as GPRA measures and 2) other performance measures.

As required by the GPRA the Rehabilitation Services Administration (RSA) has developed three GPRA measures for this program. Projects funded under this competition are required to submit data on GPRA performance measures as directed by RSA. In addition, RSA has developed two performance measures that apply to the Innovative Rehabilitation Training

Program. Projects funded under this competition are required to submit data on the performance measures as directed by RSA. See the Performance Measures section of the NIA.

Applicants are encouraged to consider this information when preparing their applications.

COPIES OF THE APPLICATION

Unless you qualify for an exception in accordance with the instructions found in the Notice inviting applications, you must submit your application electronically. Therefore, you do not need to submit paper copies of the application. If you are granted an exception, current

Government-wide policy requires that an original and two paper copies need to be submitted.

Please note: If an application is recommended for funding and a grant award is issued, we will contact the applicant to request an electronic copy of the application in MS Word or a

PDF file. The Department is moving toward an electronic grant filing system and an electronic copy of all applications that are being funded will facilitate this effort.

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).

ADDITIONAL INFORMATION

For information about other U.S. Department of Education grant and contract opportunities, we encourage you to use the Department's grant information web page which can be accessed on the internet at: http://www.ed.gov/about/offices/list/ocfo/grants/grants.html.

We appreciate your efforts to improve the provision of services for individuals with disabilities.

Applicants may contact Cassandra P. Shoffler, the competition manager, who may be reached at

(202) 245-7827 or Cassandra.Shoffer@ed.gov, to discuss any matters relating to this competition.

Sincerely, Mary F. Lovley, Director, Training and Service Programs Division

400 MARYLAND AVE. S.W., WASHINGTON, DC 20202-2800 www.ed.gov

The Department of Education’s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access http://www.ed.gov/about/offices/list/ocfo/grants/grants.html mailto:Cassandra.Shoffer@ed.gov

Section B Notice of Final Priorities

4000-01-U

DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2019-OSERS-0163]

Final priorities--Rehabilitation Training: Innovative

Rehabilitation Training program

AGENCY: Office of Special Education and Rehabilitative

Services (OSERS), Department of Education.

ACTION: Final priorities.

SUMMARY: The Department of Education (Department) announces priorities under the Innovative Rehabilitation

Training program, Catalog of Federal Domestic Assistance

(CFDA) number 84.263D/E/F. The Department may use one or more of these priorities for competitions in fiscal year

(FY) 2020 and later years. We take this action to focus

Federal financial assistance on an identified national need to improve the knowledge and skills of vocational rehabilitation (VR) personnel in providing VR services to individuals with disabilities and improve the Client

Assistance Program (CAP) personnel in advising, informing, and advocating on behalf of VR participants and applicants with disabilities.

EFFECTIVE DATE: These priorities are effective [INSERT

DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL

REGISTER].

FOR FURTHER INFORMATION CONTACT: Cassandra P. Shoffler, U.S. Department of Education, 400 Maryland Avenue, SW, room

5122, Potomac Center Plaza, Washington, DC 20202-

2800. Telephone: (202) 245-7827. Email:

84.263DEF@ed.gov.

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 Innovative Rehabilitation Training program is designed to develop (a) new types of training programs for rehabilitation personnel and to demonstrate the effectiveness of these new types of training programs for rehabilitation personnel in providing rehabilitation services to individuals with disabilities; (b) new and improved methods of training rehabilitation personnel so that there may be a more effective delivery of rehabilitation services to individuals with disabilities by designated State rehabilitation agencies and designated

State rehabilitation units or other public or non-profit rehabilitation service agencies or organizations; and (c) new innovative training programs for VR professionals and paraprofessionals to have a 21st-century understanding of the evolving labor force and the needs of individuals with disabilities so they can more effectively provide VR services to individuals with disabilities.

Program Authority: 29 U.S.C. 709(c) and 772.

Applicable Program Regulations: 34 CFR parts 385 and 387.

We published a notice of proposed priorities (NPP) for this competition in the Federal Register on April 27, 2020

(85 FR 23266). The NPP contained background information and our reasons for proposing the particular priorities.

There are some differences between Priority 1 in the

NPP and the final Priority 1 adopted here, as discussed in the Analysis of Comments and Changes section of this notice. The differences between the proposed and final

Priority 2 and Priority 3 are minor editorial and technical corrections. We are not establishing Proposed Priority 4 as a final priority through this regulatory action.

Proposed Priority 4 was also proposed for Department-wide use in the Secretary’s Administrative Priorities for

Discretionary Grant Programs published in the Federal

Register on November 29, 2019 (84 FR 65734). In order to ensure that the priority would be available for this competition, RSA proposed it in the NPP for this competition as well. The Secretary’s Final Administrative

Priorities for Discretionary Grant Programs were published in the Federal Register on March 9, 2020 (85 FR 13640).

Therefore, there is no need to adopt the priority again in this notice.

Public Comment: In response to our invitation in the NPP, 79 parties submitted comments on the proposed priorities.

We group major issues according to subject. We discuss substantive issues under each of the priorities to which they pertain. 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 priorities.

Analysis of Comments and Changes: An analysis of the comments and of any changes in the priorities from the NPP follows.

Priority 1--Innovative Rehabilitation Training Project, Client Assistance Program.

Comment: Some commenters expressed concern that the proposed priority would merge CAP training with academic programs for VR counselors and, thus, fail to meet the training needs of CAP professionals, whose knowledge, competencies, and goals are substantially different from those of VR counselors. These commenters’ concern is based on a statement in the NPP that indicated that the project must develop a new or substantially improved training program, including stand-alone modules to be incorporated into an existing academic degree program for educating VR counselors or other VR professionals and paraprofessionals.

Discussion: The Department agrees that the CAP professionals’ competencies and goals are substantially different from those of VR counselors and that a combined academic program for both VR and CAP professionals would not meet the training needs of CAP professionals. This priority was not intended to create a merged academic program for both CAP and VR personnel. The CAP training program will continue to be a program geared to the professional needs and the required knowledge, skills, and competencies of CAP professionals. The established, stand-alone modules referenced in this document do not represent the entire CAP training program. The training program includes ad hoc training activities and ongoing technical assistance, in addition to the established, stand-alone modules. Some, but not all, of these stand-alone modules may be incorporated into existing VR academic degree programs, for example, to improve VR professionals’ and paraprofessionals’ understanding about the CAP program and the individuals the program serves. The majority of training activities are focused on the professional needs and required knowledge, skills, and competencies of CAP professionals. We are revising the priority to make this distinction clear.

Changes: The Department added examples of innovative CAP training delivery methods and knowledge translation techniques in Priority 1. We added language to Priority 1 to: (1) incorporate multiple references to the program’s focus on the training needs of CAP professionals as distinct from those of VR professionals; (2) specify that the training plan must be based on the identified training needs of CAP professionals to effectively carry out the

Client Assistance Program responsibilities under section

112 of the Rehabilitation Act of 1973, as amended by the

Workforce Innovation and Opportunity Act (WIOA)

(Rehabilitation Act); and (3) provide context that the purpose of any stand-alone modules incorporated into VR academic degree or short-term training programs is to promote greater understanding among VR professionals and paraprofessionals and individuals studying to become VR professionals and paraprofessionals about the CAP program and the individuals that it serves.

Comment: Some commenters expressed concern that the proposed priority would fail to meet CAP professionals’ training needs, because of its apparent focus on a fixed, academic curriculum rather than on a flexible training program that adapts to changing circumstances and emerging challenges in the field, as reported by the CAP professionals themselves. These commenters’ concern is based on the statement in the NPP that the training program or modules must be developed by the end of the first year of the project period and piloted, refined, implemented, evaluated, and disseminated in years two, three, four, and five of the performance period. Implicit in the commenters’ comments about a combined program for VR and

CAP professionals is the concern that the Department has not clearly enough delineated the CAP priority.

Discussion: The Department agrees that the CAP training activities and materials must be responsive to changing circumstances and emerging challenges in the field.

Conversely, CAP training also encompasses subjects ranging from fiscal management to compliance with the

Rehabilitation Act, which are relatively stable and lend themselves to established training modules. In addition, the Department acknowledges that Proposed Priority 1 did not clearly describe what would constitute innovative training delivery and knowledge translation methods and techniques. Accordingly, the Department has determined that adding examples could support entities preparing applications and, in turn, strengthen the CAP Innovative

Training program.

Changes: We added language to topic area one of Priority 1 to indicate that the CAP training program will consist of established training modules, ad hoc training activities developed in response to emerging circumstances or trends, and stand-alone training modules that can be incorporated into existing academic degree or short-term VR training programs. All training options will be subject to periodic review and updates. In addition, the Department added examples of innovative CAP training delivery methods and knowledge translation techniques in Priority 1.

Comment: Some commenters expressed concern that the proposed priority did not adequately reflect the CAP program requirements under section 112 of the

Rehabilitation Act, including those related to individual and systems advocacy; the Americans with Disabilities Act of 1990; and coordination of CAP training and technical assistance activities with those for the Protection and

Advocacy of Individual Rights (PAIR) program.

Discussion: The Department agrees that CAP responsibilities under the Rehabilitation Act are at the heart of the CAP training program. The need for continued training based on the CAP responsibilities under the

Rehabilitation Act was implicit in the proposed priority.

It is appropriate to emphasize this basis for the CAP training in the final priority.

Changes: We added language to topic area one of Priority 1 to establish as key focal points of CAP training the following items: (1) CAP professionals’ knowledge, skills, and competencies regarding CAP program responsibilities under section 112 of the Rehabilitation Act and the VR service provision requirements in the Rehabilitation Act, particularly in support of the implementation of key provisions of WIOA; and (2) training and technical assistance activities, which must be coordinated with the entity providing training and technical assistance to the

PAIR program, consistent with section 509 of the

Rehabilitation Act.

Comment: Some commenters expressed concern that the proposed priorities did not address CAP professionals’ need for ongoing technical assistance regarding legal or policy issues related to the Rehabilitation Act.

Discussion: The Department agrees that ongoing technical assistance on legal or policy issues related to the

Rehabilitation Act is necessary for CAP professionals to apply knowledge gained through CAP training situations and circumstances that arise in their States.

Changes: We have added language to topic area one of

Priority 1 to require the CAP training program to incorporate ongoing technical assistance related to topics addressed in the training modules and ad hoc training activities, including consultation and technical assistance on the 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.

Comment: Some commenters expressed concern that the proposed priorities did not address CAP professionals’ need for training on essential supporting skills, including advocacy and fiscal management.

Discussion: The Department agrees that strong advocacy and fiscal management skills are essential for CAP professionals to effectively fulfill their responsibilities under the Rehabilitation Act.

Changes: We have added language to topic area one of final

Priority 1 to incorporate the following topics among the five required training subject areas: (1) program and fiscal management training to promote the cost-effective use of Federal and non-Federal resources and (2) leadership, relationship-building, outreach, and individual and systems advocacy skills to promote effective interaction by CAP professionals with VR clients and applicants, State VR agencies, State Rehabilitation

Councils, and other stakeholders.

Comment: None.

Discussion: In the background section of Priority 1, the

NPP included examples of the expanded opportunities for employment and career advancement under WIOA that are to be addressed in the CAP Innovative Rehabilitation Training program. The Department considers it helpful to include these examples in the text of the final priority itself, so that they will be easily referenced by applicants.

Changes: The Department added to Priority 1 the following examples of the expanded opportunities for employment and career advancement to be addressed through the CAP

Innovative Rehabilitation Training program: pre-employment transition services, work-based learning, apprenticeships, customized employment, career pathways, and postsecondary credentials, including advanced degrees.

Comment: None.

Discussion: Priority 1 requires a process of continuous feedback and improvement under the CAP training program.

The Department is adding that a process of continuous evaluation is also required and is providing examples in this requirement to clarify the priority’s intent, increase the quality of applications, and, thereby, strengthen the

CAP Innovative Rehabilitation Training program.

Changes: The Department clarified that continuous evaluation is also required and provided examples pertinent to the process of feedback, evaluation, and improvement in

Priority 1.

Priority 2--Innovative Rehabilitation Training Program, Assisting and Supporting Individuals with Disabilities

Pursuing Self-Employment, Business Ownership, and

Telecommuting.

Comment: One commenter supported the priority topic area.

Discussion: The Department appreciates the comment and the support for the priority topic area.

Changes: None.

Priority 3--Innovative Rehabilitation Training Program, Field Initiated.

Comment: Many commenters stated the importance of and need for vocational evaluation training programs in the VR field.

Discussion: The Department agrees with the commenters that vocational evaluation training is important. In FY 2019, the Department held a competition and funded a five-year award under the Innovative Rehabilitation Training program with a topic area called “career assessments for VR service recipients” to address the importance of vocational evaluation in identifying and providing VR services. The

Department does not believe that it is necessary to hold a second competition in this topic area in such a short time.

However, applicants under this field-initiated priority may propose a topic in vocational evaluation.

Changes: None.

Priority 4--Applications from New Potential Grantees.

Comment: One commenter recommended that the Department not eliminate applications from institutions of higher education that received grants under this program in the past and have the individuals with expertise and experience in delivering training programs.

Discussion: Priority 4 is designed to attract new applications, but does not preclude applications from eligible entities, including institutions of higher education that received a grant under this program.

Eligible applicants who have received a grant in the past, have an active grant in another program, or have an active discretionary grant under this program, including through membership in a group application, may still submit an application and be considered for funding under other priorities.

It should be noted that Priority 4 was also proposed on November 29, 2019, in the Secretary’s Administrative

Priorities for Discretionary Grant Programs (84 FR 65734).

In order to ensure that Priority 4 would be available for this competition, RSA proposed it in the NPP for this competition as well. The Secretary’s Final Administrative

Priorities for Discretionary Grant Programs were published in the Federal Register on March 9, 2020 (85 FR 13640).

Therefore, there is no need to adopt the priority again in this notice.

Changes: As a Department-wide priority for applications from new potential grantees has already been established, Proposed Priority 4 is not established through this regulatory action.

FINAL PRIORITIES:

Priority 1--Innovative Rehabilitation Training

Program, Client Assistance Program.

A project under this priority must increase the CAP professionals’ knowledge about all requirements governing the CAP program and VR services under the Rehabilitation

Act, while also increasing the capacity of CAP professionals to inform VR clients and applicants about the expanded opportunities available under the Workforce

Innovation and Opportunity Act (WIOA) and provide the assistance and advocacy that the clients and applicants need. The project must enhance CAP professionals’ knowledge, skills, and competencies in each of the following required subject areas: (a) CAP responsibilities in section 112 of the Rehabilitation Act and the VR service provision requirements in the Rehabilitation Act, particularly in support of the implementation of key provisions of WIOA; (b) expanded opportunities for quality employment under WIOA and the pertinent provisions regarding unified and combined State plans, common performance measures, and the workforce development system, including pre-employment transition services, work-based learning, apprenticeships, customized employment, career pathways, and postsecondary credentials, including advanced degrees; (c) opportunities and challenges for individuals with the most significant disabilities, students and youth with disabilities, and traditionally underserved populations, including those at the intersection of poverty and disability; (d) program and fiscal management training to promote the effective use of Federal and non-Federal resources under the Rehabilitation Act; and (e) leadership, relationship-building, outreach, and individual and systems advocacy skills to promote effective interaction by CAP professionals with VR clients and applicants, State VR agencies, State Rehabilitation Councils, and other stakeholders.

The project must develop a new or substantially improved training program meeting the professional needs and the required knowledge, skills, and competencies of CAP professionals. The CAP Training program will consist of established, stand-alone training modules as well as ad hoc training activities developed in response to emerging circumstances or trends. Stand-alone training modules may include selected topics that can be incorporated into existing academic degree or short-term VR training programs, for example, to promote greater understanding among VR professionals and paraprofessionals about the CAP program and the individuals that the program serves.

The CAP training program will also encompass ongoing technical assistance related to topics addressed in the training modules and ad hoc training activities, including consultation and technical assistance 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.

Training delivery methods must encompass: (a) state-of-the-art communication tools and platforms, including an interactive project website, distance learning and convening technologies, social media, and searchable databases; and (b) the latest knowledge translation methods and techniques, including engaging training recipients with different learning styles.

The project must develop an overall training plan specifying the major components (e.g., training modules, ad hoc training activities, and ongoing technical assistance), informational resources (e.g., curricula, materials, searchable databases, communities of practice), and modes of delivery (e.g., in-person, virtual). The training plan must be based on the identified training needs of CAP professionals to effectively carry out the CAP responsibilities under title IV, section 112 of the

Rehabilitation Act.

The training modules must be developed by the end of the first year of the project period and piloted, refined, implemented, evaluated, and disseminated in years two, three, four, and five of the project period. The ad hoc training activities and technical assistance will be developed on an ongoing basis in response to circumstances and emerging needs.

A process for continuous feedback, evaluation, and improvement to ensure that the training modules, the ad hoc training activities, and technical assistance are responsive to the needs of CAP professionals throughout years two, three, four, and five must be included. This process may include surveys, success stories, and analyses of data elements specified in the Annual CAP Performance

Report (RSA-227).

The training and technical assistance must be of sufficient scope, intensity, and duration for CAP professionals to achieve increased skill, knowledge, and competence in the topic areas.

The applicant must review and incorporate the resources developed by the RSA VR Technical Assistance

Centers and Demonstration and Training projects, available at the National Clearinghouse for Rehabilitation Training

Materials, and other Federal and nongovernment sources, as appropriate, in developing its training and technical assistance curricula and delivery methods.

Training and technical assistance activities also must be coordinated 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.

Priority 2--Innovative Rehabilitation Training

Program, Assisting and Supporting Individuals with

Disabilities Pursuing Self-Employment, Business Ownership, and Telecommuting.

A project in the area of assisting and supporting individuals with disabilities pursuing self-employment, business ownership, and telecommuting must develop a new or substantially improved and, to the extent possible, evidence-based1 training program, including stand-alone modules and instructional materials to be incorporated into an existing academic degree program for educating VR counselors or other VR professionals and paraprofessionals or into short-term training for VR professionals, or both.

The training program or modules must be developed by the end of the first year of the project period and piloted, refined, implemented, evaluated, and disseminated in years two, three, four, and five of the project period. A process for continuous feedback, evaluation, and improvement to ensure the training program or modules are responsive to the needs of the VR professionals and paraprofessionals throughout years two, three, four, and

1 For the purpose of this priority, “evidence-based” means the proposed project component is supported, at a minimum, by evidence that demonstrates a rationale (as defined in 34 CFR 77.1), where a key project component included in the project’s logic model (as defined in

34 CFR 77.1) is informed by research or evaluation findings that suggest the project component is likely to improve relevant outcomes

(as defined in 34 CFR 77.1).

five must be included. This process may include evidence collected from surveys or success stories or other forms of evidence.

The training must be of sufficient scope, intensity, and duration for VR professionals, paraprofessionals, and individuals studying to become VR professionals and paraprofessionals to achieve increased skill, knowledge, and competence in the area of assisting and supporting individuals with disabilities pursuing self-employment, business ownership, and telecommuting.

Priority 3--Innovative Rehabilitation Training

Program, Field Initiated.

A field-initiated project must clearly identify the topic to be addressed and provide sufficient evidence to demonstrate the need for the innovative rehabilitation training in a proposed new topic area or, in areas for which there is existing training, demonstrate that the existing training is not adequately meeting the needs of VR professionals, paraprofessionals, and individuals studying to become VR professionals and paraprofessionals.

The project must develop a new or substantially improved and, to the extent possible, evidence-based2

2 For the purpose of this priority, “evidence-based” means the proposed project component is supported, at a minimum, by evidence that demonstrates a rationale (as defined in 34 CFR 77.1), where a key training program, including stand-alone modules and instructional materials to be incorporated into an existing academic degree program for educating VR counselors or other VR professionals and paraprofessionals, or into short-term training for VR professionals, or both. The training program or modules must be developed by the end of the first year of the project period and piloted, refined, implemented, evaluated, and disseminated in years two, three, four, and five of the project period. A process for continuous feedback, evaluation, and improvement to ensure the training program or modules are responsive to the needs of the VR professionals and paraprofessionals throughout years two, three, four, and five must be included. This process may include evidence collected from surveys or success stories or other forms of evidence.

The training must be of sufficient scope, intensity, and duration for VR professionals, paraprofessionals, and individuals studying to become VR professionals and paraprofessionals to achieve increased skill, knowledge, and competence in the topic area.

Types of Priorities:

project component included in the project’s logic model (as defined in

34 CFR 77.1) is informed by research or evaluation findings that suggest the project component is likely to improve relevant outcomes

(as defined in 34 CFR 77.1)

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 notice 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 one or more of these priorities, we invite applications through a notice in the

Federal Register.

Executive Orders 12866, 13563, and 13771

Regulatory Impact Analysis

Under Executive Order 12866, the Secretary must determine whether this regulatory action is “significant” and, therefore, subject to the requirements of the

Executive order and subject to review by the Office of

Management and Budget (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.

Under Executive Order 13771, for each new rule that the Department proposes for notice and comment or otherwise promulgates that is a significant regulatory action under

Executive Order 12866, and that imposes total costs greater than zero, it must identify…