[Federal Register: February 15, 2007 (Volume 72, Number 31)]
[Notices]
[Page 7427-7430]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15fe07-47]
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DEPARTMENT OF EDUCATION
Special Demonstration Programs--Model Demonstration Projects--
Improving the Postsecondary and Employment Outcomes of Youth With
Disabilities
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Notice of proposed priority and definitions.
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SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services (OSERS) proposes a priority and definitions
under the Special Demonstrations Program administered by the
Rehabilitation Services Administration (RSA). The Assistant Secretary
may use the priority and definitions for competitions in fiscal year
(FY) 2007 and later years. We take this action to focus Federal
financial assistance on an identified area of national need. We intend
the priority to improve the post-school and employment outcomes of
youth with disabilities.
DATES: We must receive your comments on or before March 19, 2007.
ADDRESSES: Address all comments about the proposed priority and
definitions to Edwin Powell, U.S. Department of Education, 400 Maryland
Avenue, SW., room 5038, Potomac Center Plaza, Washington, DC 20202-
2550. Telephone: (202) 245-7505 or by e-mail: edwin.powell@ed.gov.
You must include the term ``Transition Priority'' in the subject
line of your electronic message.
FOR FURTHER INFORMATION CONTACT: Edwin Powell. Telephone: (202) 245-
7505, or via Internet: edwin.powell@ed.gov.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION:
Invitation to Comment
We invite you to submit comments regarding the proposed priority
and definitions.
We invite you to assist us in complying with the specific
requirements of Executive Order 12866 and its overall requirement of
reducing regulatory burden that might result from the proposed priority
and definitions. Please let us know of any further opportunities we
should take to reduce potential costs or increase potential benefits
while preserving the effective and efficient administration of the
program.
During and after the comment period, you may inspect all public
comments about the proposed priority and definitions in room 5038,
Potomac Center Plaza, 550 12th Street, SW., Washington, DC, between the
hours of 8:30 a.m. and 4 p.m., Eastern time, Monday through Friday of
each week except Federal holidays.
Assistance to Individuals With Disabilities in Reviewing the Rulemaking
Record
On request, we will supply an appropriate aid, such as a reader or
print magnifier, to an individual with a disability who needs
assistance to review the comments or other documents in the public
rulemaking record for the proposed priority and definitions. If you
want to schedule an appointment for this type of aid, please contact
the person listed under FOR FURTHER INFORMATION CONTACT.
Background
Youth with disabilities face significant challenges both in the
school environment and as they transition to adult life. National
studies and reports have shown that, compared to their non-disabled
peers, students with disabilities are less likely to receive a regular
high school diploma; drop out twice as often; and enroll in and
complete postsecondary education programs at half the rate; and, up to
two years after leaving high school, about 4 in 10 youths with
disabilities are employed as compared to 6 in 10 same-age out-of-school
youth in the general population (National Center for Education
Statistics, 2000; National Longitudinal Transition Study-2 (NLTS2),
2005). These and other related findings on the secondary and
postsecondary outcomes of youth with disabilities have spurred Federal
and State efforts to improve transition policies and practices.
The transition of youth with disabilities is a shared
responsibility
[[Page 7428]]
under the Individuals with Disabilities Education Act (IDEA) and the
Rehabilitation Act of 1973, as amended (Rehabilitation Act). Primary
responsibility for the transition of children with disabilities under
IDEA rests with State educational agencies (SEAs). However, the State
Vocational Rehabilitation (VR) Services Program authorized under the
Rehabilitation Act also has a key role facilitating the transition of
youth with disabilities, including providing consultation and technical
assistance to SEAs, participating in transition planning, identifying
youth who are in need of VR services, and providing transition services
to eligible individuals.
Federal and State efforts to improve the post-school outcomes of
youth with disabilities have resulted in some important gains over the
past decade, including increases in graduation rates, enrollment in
postsecondary education, and the number of youth entering the workforce
(Office of Special Education Programs, Data Analysis System (DANS);
Newman, 2005; Cameto and Levine, 2005). Despite these gains, far too
many youth with disabilities continue to experience difficulties in
achieving successful post-school outcomes (NLTS2, 2005).
Complicating factors are that transition efforts involve
coordination between many different parties and developing and
implementing effective programs can be difficult. Interagency
partnerships at the State and local level are needed to ensure
effective agency collaboration, including coordination of policies and
practices, sharing of knowledge, information, and other resources, and
providing technical assistance and training. A State level interagency
transition team can promote effective collaborative models, provide
training and technical assistance across the State, and maintain
communication and support for the transition community. Local community
transition teams identify common goals and action plans, problem solve
through interagency collaboration, create community-based options for
students, seek funding, and implement action plans (Investing in the
Transition of Youth with Disabilities to Productive Careers, Twenty-
Eighth Institute on Rehabilitation Issues, 2002).
Although the scientifically-based research is limited, the
literature indicates that there are a number of transition practices
that, in addition to interagency collaboration, are associated with
successful outcomes for youth with disabilities (Kohler, 1996; Benz,
Lindstrom, and Yovanoff, 2000; National Collaborative on Workforce
Disability for Youth, 2004). These practices include student-focused
planning, career preparatory and pre-employment experiences, youth
development activities, and enhancement of family involvement.
As the primary Federal vehicle for assisting individuals with
disabilities to obtain employment, the VR program is a critical link in
assisting youths with disabilities to prepare for education, training,
and employment opportunities beyond high school. VR professionals bring
to the table valuable knowledge and expertise about the world of work
and disability, including career planning, occupational trends and
local employment opportunities, job-related education, training and
skills, job seeking and retention skills, and accommodations. They also
are knowledgeable about adult service systems and the range of benefits
and resources available to assist individuals with disabilities.
However, research shows that there is an ongoing gap between transition
service needs and VR professional involvement in assisting students
with disabilities during the transition years (NLTS2, 2005).
Model transition programs that build on current collaborative State
and local efforts and demonstrate the use of promising practices are
needed to improve the postsecondary education and employment outcomes
of youth with disabilities. These practices include the effective use
of VR personnel in transition planning and the delivery of services.
We will announce the final priority and definitions in a notice in
the Federal Register. We will determine the final priority and
definitions after considering responses to this notice and other
information available to the Department. This notice does not preclude
us from proposing or using other priorities and definitions, subject to
meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use the priority, we invite applications through
a notice in the Federal Register. When inviting applications we
designate the priority as absolute, competitive preference, or
invitational. 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 either
(1) Awarding additional points, depending on how well or the extent
to which the application meets the competitive priority (34 CFR
75.105(c)(2)(i)); or (2) selecting an application that meets the
competitive 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 invitational
priority. However, we do not give an application that meets the
invitational priority a competitive or absolute preference over
other applications (34 CFR 75.105(c)(1)).
Priority
The Assistant Secretary proposes this priority to support projects
that demonstrate the use of promising practices of collaborative
transition planning and service delivery in improving the postsecondary
education and employment outcomes of youth with disabilities.
In order to meet this priority, an applicant must --
(1) Provide an assurance that the State has an interagency
transition taskforce that provided input in the development of the
application and that the interagency transition taskforce will--
(a) Play an advisory role in the operation of the project;
(b) Assist in the development of project goals;
(c) Review project findings; and
(d) Assist in the dissemination of project findings;
(2) Demonstrate that the project for which it seeks funding will--
(a) Implement a model transition program that is designed to
improve post-school outcomes of students with disabilities through the
use of local interagency transition teams and the implementation of a
coordinated set of promising practices and strategies. The activities
must be implemented at a minimum of two sites to be carried out in
coordination with the applicable local educational agency (LEA) or
LEAs;
(b) Provide transition services to youth with disabilities,
including--
(i) Individualized VR services to youth with disabilities who are
eligible for such services consistent with 34 CFR 361.42; and
(ii) Services to groups of youth with disabilities, through methods
such as workshops and seminars, to support the transition of such
youths to post-school and employment outcomes;
(c) Provide training and technical assistance to LEAs and State VR
personnel responsible for planning and providing transition services to
students with disabilities;
(d) Conduct outreach activities that assist in the identification
of students with disabilities who are in need of VR services;
(e) Analyze and use the secondary education and post-school outcome
data
[[Page 7429]]
of youth with disabilities collected by the SEA and other relevant data
to assist the project to improve transition services and post-school
outcomes;
(f) Conduct an evaluation of the project's performance, including
an evaluation of the effectiveness of the practices and strategies
implemented by the project in achieving project goals, particularly
post-school outcomes;
(3) Provide evidence that the LEAs responsible for providing
transition services to children with disabilities under the IDEA in the
local sites proposed by the applicant will participate in carrying out
project activities (e.g., letter of support); and
(4) Provide a description of--
(a) The State interagency transition taskforce members, including
their roles and responsibilities with respect to transition planning
and the provision of services;
(b) The local interagency team members, including their roles and
responsibilities with respect to transition planning and the provision
of services;
(c) The coordinated set of promising practices that it proposes to
provide, which, at a minimum, must include student-focused planning,
career preparatory and pre-employment experiences, youth development
activities, and practices to enhance family involvement;
(d) The evaluation plan, including project goals, measurable
objectives, and operational definitions and the data to be collected
and how it will be analyzed. At a minimum these data must include: high
school exit data (academic achievement and functional performance data,
high school graduation outcomes, including type of diploma received);
student's post-school goals; services provided; postsecondary education
outcomes; employment outcomes (type of employment, wages and earnings,
hours worked, weeks of employment); and public benefits received such
as Supplemental Security Income and Social Security Disability
Insurance; and
(e) A plan for the systematic dissemination of project findings and
knowledge gained that will assist State and local agencies in adapting
or replicating the transition model carried out by the project.
Definitions:
(1) Career preparatory and pre-employment experiences means
experiences and activities to help students become prepared for a
successful future in postsecondary education or employment including:
Instruction in learning and study strategies; career education
activities that assist the student to form and develop career
aspirations and to make informed choices about careers; structured work
experiences such as job shadowing, volunteer and community service, and
on-the-job training experiences; and employment skills instruction such
as work-related behaviors and skills training, job seeking skills, and
occupation-specific vocational skill training.
(2) State interagency transition taskforce means a group of
individuals who meet on a regular basis to facilitate interagency
collaboration and the coordination of practices and services to improve
the transition of students with disabilities from secondary education
to postsecondary education and employment, such as identifying and
addressing systemic transition barriers; facilitating the coordination
of transition policies, practices, and services within the State;
providing technical assistance; and disseminating information on
promising practices.
(a) The group must, at a minimum, include one or more
representatives of the State VR agency (including, where applicable,
the State VR agency for the Blind), SEA, State Labor and Employment/
Workforce agency, Social Security Administration, State developmental
disabilities agency, and the State mental health agency. The group must
also include individuals to represent the perspectives of business and
industry and transitioning youth with disabilities.
(b) The group may also include representatives from other relevant
entities such as the State Rehabilitation Council (if applicable in the
State), State Independent Living Council, State Developmental
Disabilities and Mental Health Planning Councils, postsecondary
educational institutions, transition service providers, parents of
transitioning youth with a disability, and other stakeholders.
(3) Student-focused planning means activities designed to
facilitate student participation, self-evaluation and self-
determination, including goal setting and decision making within the
planning process. Examples of such activities include the
identification of student interests and preferences; use of
educational, career and psychological assessments in the development of
postsecondary education, training, and vocational goals; career,
vocational counseling, and guidance; VR participation at individualized
education program (IEP) meetings; joint IEP and individualized plan for
employment (IPE) planning meetings; and timely referrals to adult
service providers.
(4) Transition services, as defined in section (7)(37) of the
Rehabilitation Act, means a coordinated set of activities for a
student, designed within an outcome-oriented process, that promotes
movement from school to post-school activities, including postsecondary
education, vocational training, and integrated employment (including
supported employment), continuing and adult education, adult services,
independent living, or community participation. The coordinated set of
activities must be based upon the individual student's needs, taking
into account the students preferences and interests, and shall include
instruction, community experiences, the development of employment and
other post school adult living objectives, and when appropriate,
acquisition of daily living skills and functional vocational
evaluation.
(5) Youth development activities means activities that help
students to control and direct their own lives based on informed
decisions and to become self-sufficient and productive members of
society such as learning to communicate their disability-related work
support and accommodation needs and learning to find, request, and
secure appropriate supports and reasonable accommodations in education,
training and employment settings. Examples of youth development
activities include: mentoring opportunities, training in life skills
such as independent living skills, self-advocacy, and conflict
resolution; exposure to personal leadership and youth development
activities; and exposure to post-program supports.
(6) Youth with disabilities means individuals with a disability as
defined in paragraph (b) of the definition of ``individual with a
disability'' in 34 CFR 373.4 who is between the ages of 16 and 22.
References
Benz, M.R., Lindstrom, L. & Yovanoff, P. (Summer 2000). Improving
graduation and employment outcomes of students with disabilities:
Predictive factors and student perspectives. Exceptional Children,
66 (4), 509-29.
Cameto, R., Levine, P. & Wagner, M. (November 2004). Transition
Planning for Students with Disabilities: A Special Report from The
National Longitudinal Transition Study-2. Prepared For: Office Of
Special Education Programs, U.S. Department Of Education, SRI
Project P11182. Menlo Park, CA: SRI International.
Institute on Rehabilitation Issues, 2002. Investing in the
Transition of Youth with
[[Page 7430]]
Disabilities to Productive Careers Twenty-Eighth University of
Arkansas Region VI Rehabilitation Continuing Education Program
Kohler, P.D. (1996) Taxonomy for Transition Programming: A Model for
Planning, Organizing, and Evaluating Transition Education, Services,
and Programs.
National Center for Education Statistics (NCES). (2002). Digest of
education statistics, 2002. Washington, DC: U.S. Department of
Education.
National Collaborative on Workforce Disability for Youth, Guideposts
for Success, 2004.
National Collaborative on Workforce Disability for Youth.
Definitions of Common Terms.
National Council on Disability, (May 2004). Improving Educational
Outcomes for Students with Disabilities.
Wagner, M., Newman, L., Cameto, R., & Levine, P., (June 2005).
Changes Over Time In The Early Post-school Outcomes Of Youth With
Disabilities. A Report from The National Longitudinal Transition
Study-2. Prepared For: Office Of Special Education Programs, U.S.
Department Of Education, SRI Project P11182. Menlo Park, CA: SRI
International.
United States Department of Education, Office of Special Education
Programs, Data Analysis System (DANS), 2006
Wagner, M., Newman, L., Cameto, R., Garza, N., & Levine, P. (April
2005). After High School: A First Look At The Post-school
Experiences Of Youth With Disabilities: A Report from The National
Longitudinal Transition Study-2. Prepared For: Office Of Special
Education Programs, U.S. Department Of Education, SRI Project
P11182. Menlo Park, CA: SRI International.
Executive Order 12866
This notice of proposed priority and definitions has been reviewed
in accordance with Executive Order 12866. Under the terms of the order,
we have assessed the potential costs and benefits of this regulatory
action.
The potential costs associated with the notice of proposed priority
and definitions are those resulting from statutory requirements and
those we have determined as necessary for administering this program
effectively and efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of this notice of proposed priority, definitions, and
application requirements we have determined that the benefits of the
proposed priority and definitions justify the costs.
We have also determined that this regulatory action does not unduly
interfere with State, local, and tribal governments in the exercise of
their governmental functions.
Summary of potential costs and benefits
The Assistant Secretary has determined that the cost to the Federal
Government associated with this program will not exceed $2,250,000 in
FY 2007. No other costs will result from the announcement of this
proposed priority and definitions.
The benefit of this proposed priority and definitions would be the
establishment of model demonstration projects that will improve the
postsecondary education and employment outcomes of students with
disabilities.
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 proposed Federal
financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Applicable Program Regulations: 34 CFR part 373.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html
.
(Catalog of Federal Domestic Assistance Number 84.235U Special
Projects and Demonstrations).
Program Authority: 20 U.S.C. 773(b).
Dated: February 8, 2007.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. E7-2685 Filed 2-14-07; 8:45 am]
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