[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Notices]
[Pages 63345-63350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24887]
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DEPARTMENT OF EDUCATION
Applications for New Awards; American Indian Vocational
Rehabilitation Services
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Notice.
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SUMMARY: The Department of Education (Department) is issuing a notice
inviting applications for Federal fiscal year (FFY) 2022 for American
Indian Vocational Rehabilitation Services (AIVRS)--Assistance Listing
Number 84.250P--to partner with Indian Tribes in providing eligible
American Indians with disabilities with vocational rehabilitation (VR)
services. This notice relates to the approved information collection
under OMB control number 1820-0018.
DATES:
Applications Available: November 16, 2021.
Deadline for Transmittal of Applications: March 16, 2022.
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Pre-Application Webinar Information: The Department will hold a
pre-application meeting via webinar for prospective applicants on
December 20, 2021, 2:00PM Eastern Time. Details about the pre-
application meeting will be available at https://ncrtm.ed.gov/RSAGrantInfo.aspx.
ADDRESSES: For the addresses for obtaining and submitting an
application, please refer to our Common Instructions for Applicants to
Department of Education Discretionary Grant Programs, published in the
Federal Register on February 13, 2019 (84 FR 3768) and available at
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf.
FOR FURTHER INFORMATION CONTACT: Joy Harris-Summerville, U.S.
Department of Education, 400 Maryland Avenue SW, Room 5056E, Potomac
Center Plaza, Washington, DC 20202-2800. Telephone: (202) 245-8240.
Email: [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: The purpose of this program is to make grants
to the governing bodies of Indian tribes located on Federal and State
reservations (and consortia of those governing bodies) to provide VR
services, including culturally appropriate services, to American
Indians with disabilities who reside on or near such reservations,
consistent with such eligible individuals' strengths, resources,
priorities, concerns, abilities, capabilities, interests, and informed
choice, so that such individuals may prepare for, and engage in, high-
quality employment that will increase opportunities for economic self-
sufficiency.
Priority: In accordance with 34 CFR 75.105(b)(2)(iv), this priority
is from section 121(b)(4) of the Rehabilitation Act of 1973, as amended
(Rehabilitation Act) (29 U.S.C. 741(b)(4)).
Competitive Preference Priority: For FY 2022, and any subsequent
year in which we make awards from the list of unfunded applications
from this competition, this priority is a competitive preference
priority. Under 34 CFR 75.105(c)(2)(i), we award an additional five
points to an application that meets this priority.
This priority is:
Continuation of Previously Funded Tribal Programs.
In making new awards under this program, we give priority to
applications for the continuation of programs that have been funded
under the AIVRS program.
Program Authority: 29 U.S.C. 741.
Note: Projects will be awarded and must be operated in a manner
consistent with the nondiscrimination requirements contained in the
Federal civil rights laws.
Applicable Regulations: (a) The Education Department General
Administrative Regulations in 34 CFR parts 75, 77, 81, 82, and 84. (b)
The Office of Management and Budget Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part
180, as adopted and amended as regulations of the Department in 2 CFR
part 3485. (c) The Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards in 2 CFR part
200, as adopted and amended as regulations of the Department in 2 CFR
part 3474. (d) The regulations for this program in 34 CFR part 371.
II. Award Information
Type of Award: Discretionary grants.
Estimated Available Funds: The Administration intends to use
approximately $4,369,250 for new awards for this program for FFY 2022.
The actual level of funding, if any, depends on final congressional
action. However, we are inviting applications to allow enough time to
complete the grant process if Congress appropriates funds for this
program.
Contingent upon the availability of funds and the quality of
applications, we may make additional awards in subsequent years from
the list of unfunded applications from this competition.
Estimated Range of Awards: $300,000-$550,000.
Estimated Average Size of Award: $546,156.
Estimated Number of Awards: 8.
Note: The Department is not bound by any estimates in this notice.
Project Period: Up to 60 months.
III. Eligibility Information
1. Eligible Applicants: Applications may be made only by Indian
Tribes (and consortia of those Indian Tribes) located on Federal and
State reservations. The definition of ``Indian Tribe'' in section
7(19)(B) of the Rehabilitation Act is ``any Federal or State Indian
tribe, band, rancheria, pueblo, colony, or community, including any
Alaskan native village or regional village corporation (as defined in
or established pursuant to the Alaska Native Claims Settlement Act) and
a tribal organization (as defined in section 4(1) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(1)).''
``Reservation'' is defined in 34 CFR 371.6 as ``a Federal or State
Indian reservation, public domain Indian allotment, former Indian
reservation in Oklahoma, land held by incorporated Native groups,
regional corporations and village corporations under the provisions of
the Alaska Native Claims Settlement Act; or a defined area of land
recognized by a State or the Federal Government where there is a
concentration of tribal members and on which the tribal government is
providing structured activities and services.''
The applicant for an AIVRS grant must be--
(1) The governing body of an Indian Tribe, either on behalf of the
Indian Tribe or on behalf of a consortium of Indian Tribes; or
(2) A Tribal organization that is a separate legal organization
from an Indian Tribe.
To receive an AIVRS grant, a Tribal organization that is not a
governing body of an Indian Tribe must--
(1) Have as one of its functions the vocational rehabilitation of
American Indians with disabilities; and
(2) Have the approval of the Tribe to be served by such
organization.
If a grant is made to the governing body of an Indian Tribe, either
on its own behalf or on behalf of a consortium, or to a Tribal
organization to perform services benefiting more than one Indian Tribe,
the approval of each such Indian Tribe shall be a prerequisite to the
making of such a grant.
2. a. Cost Sharing or Matching: Cost sharing is required by section
121(a) of the Rehabilitation Act and 34 CFR 371.40 at 10 percent of the
total cost of the project.
b. Indirect Cost Rate Information: This program uses an
unrestricted indirect cost rate. Applicants for this program are the
governing bodies of Indian Tribes (or consortia of governing bodies)
and have negotiated indirect cost rate agreements with a cognizant
agency if indirect costs will be charged to the grant. For more
information regarding indirect costs, or to obtain a negotiated
indirect cost rate, please see www2.ed.gov/about/offices/list/ocfo/intro.html.
c. Administrative Cost Limitation: This program does not include
any program-specific limitation on administrative expenses. All
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administrative expenses must be reasonable and necessary and conform to
Cost Principles described in 2 CFR part 200 subpart E of the Uniform
Guidance.
3. Subgrantees: A grantee under this competition may not award
subgrants to entities to directly carry out project activities
described in its application. While subgrants are not permitted, under
34 CFR 371.42(a), grantees are permitted to provide the VR services by
contract or otherwise enter into an agreement with a designated State
unit (DSU), a community rehabilitation program, or another agency to
assist in the implementation of the Tribal VR program, as long as such
contract or agreement is identified in the application.
IV. Application and Submission Information
1. Application Submission Instructions: Applicants are required to
follow the Common Instructions for Applicants to Department of
Education Discretionary Grant Programs, published in the Federal
Register on February 13, 2019 (84 FR 3768), and available at
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf, which
contain requirements and information on how to submit an application.
2. Intergovernmental Review: This competition is not subject to
Executive Order 12372 and the regulations in 34 CFR part 79.
3. Funding Restrictions: We reference regulations outlining funding
restrictions in the Applicable Regulations section of this notice.
V. Application Review Information
1. Selection Criteria: The selection criteria for this competition
are from 34 CFR 75.210, have a maximum score of 100 points, and are as
follows:
(a) Need for Project and Significance (10 Points): The Secretary
considers the need for and significance of the proposed project. In
determining the need for and significance of the proposed project, the
Secretary considers the following factors:
(1) The magnitude of the need for the services to be provided or
the activities to be carried out by the proposed project.
(2) The extent to which specific gaps or weaknesses in services,
infrastructure, or opportunities have been identified and will be
addressed by the proposed project, including the nature and magnitude
of those gaps or weaknesses.
(3) The potential contribution of the proposed project to increased
knowledge or understanding of rehabilitation problems, issues, or
effective strategies.
(4) The extent to which the proposed project is likely to build
local capacity to provide, improve, or expand services that address the
needs of the target population.
(b) Quality of the Project Design (20 Points):
The Secretary considers the quality of the design of the proposed
project. In determining the quality of the design of the proposed
project, the Secretary considers the following factors:
(1) The extent to which the goals, objectives, and outcomes to be
achieved by the proposed project are clearly specified and measurable.
(2) The extent to which the design of the proposed project is
appropriate to, and will successfully address, the needs of the target
population or other identified needs.
(3) The extent to which the proposed project will establish
linkages with other appropriate agencies and organizations providing
services to the target population.
(c) Quality of Project Services (20 Points):
The Secretary considers the quality of the services to be provided
by the proposed project. In determining the quality of the services to
be provided by the proposed project, the Secretary considers the
quality and sufficiency of strategies for ensuring equal access and
treatment for eligible project participants who are members of groups
that have traditionally been underrepresented based on race, color,
national origin, gender, age, or disability.
In addition, the Secretary considers the following factors:
(1) The extent to which the services to be provided by the proposed
project are appropriate to the needs of the intended recipients or
beneficiaries of those services.
(2) The likely impact of the services to be provided by the
proposed project on the intended recipients of those services.
(3) The extent to which the services to be provided by the proposed
project involve the collaboration of appropriate partners for
maximizing the effectiveness of project services.
(d) Quality of Project Personnel (15 Points):
The Secretary considers the quality of the personnel who will carry
out the proposed project. In determining the quality of project
personnel, the Secretary considers the extent to which the applicant
encourages applications for employment from persons who are members of
groups that have traditionally been underrepresented based on race,
color, national origin, gender, age, or disability.
In addition, the Secretary considers the qualifications, including
relevant training and experience, of key project personnel.
(e) Adequacy of Resources (10 Points):
The Secretary considers the adequacy of resources for the proposed
project. In determining the adequacy of resources for the proposed
project, the Secretary considers the following factors:
(1) The adequacy of support, including facilities, equipment,
supplies, and other resources, from the applicant organization or the
lead applicant organization.
(2) The extent to which the costs are reasonable in relation to the
objectives, design, and potential significance of the proposed project.
(3) 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.
(f) Quality of the Management Plan (15 Points):
The Secretary considers the quality of the management plan for the
proposed project. In determining the quality of the management plan for
the proposed project, the Secretary considers the following factors:
(1) The adequacy of the management plan to achieve the objectives
of the proposed project on time and within budget, including clearly
defined responsibilities, timelines, and milestones for accomplishing
project tasks.
(2) The adequacy of procedures for ensuring feedback and continuous
improvement in the operation of the proposed project.
(3) The extent to which the time commitments of the project
director and principal investigator and other key project personnel are
appropriate and adequate to meet the objectives of the proposed
project.
(g) Quality of the Project Evaluation (10 Points):
The Secretary considers the quality of the evaluation to be
conducted of the proposed project. In determining the quality of the
evaluation, the Secretary considers the following factors:
(1) The extent to which the methods of evaluation are thorough,
feasible, and appropriate to the goals, objectives, and outcomes of the
proposed project.
(2) The extent to which the methods of evaluation include the use
of objective performance measures that are clearly related to the
intended outcomes of the project and will produce
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quantitative and qualitative data to the extent possible.
(3) The extent to which the methods of evaluation will provide
performance feedback and permit periodic assessment of progress toward
achieving intended outcomes.
2. Review and Selection Process: We remind potential applicants
that in reviewing applications in any discretionary grant competition,
the Secretary may consider, under 34 CFR 75.217(d)(3), the past
performance of the applicant in carrying out a previous award, such as
the applicant's use of funds, achievement of project objectives, and
compliance with grant conditions. The Secretary may also consider
whether the applicant failed to submit a timely performance report or
submitted a report of unacceptable quality.
In addition, in making a competitive grant award, the Secretary
requires various assurances, including those applicable to Federal
civil rights laws that prohibit discrimination in programs or
activities receiving Federal financial assistance from the Department
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
Applicants for the AIVRS program must provide evidence regarding
the following special application requirements in 34 CFR 371.21(a)-(k).
The application package includes a Special Application Requirements
form in Section D that must be completed. An application is not
complete without the Special Application Requirements form, provided in
the application package, and will not be considered for review without
that completed form. These requirements are:
(a) Effort will be made to provide a broad scope of vocational
rehabilitation services in a manner and at a level of quality at least
comparable to those services provided by the designated State unit.
(b) All decisions affecting eligibility for vocational
rehabilitation services, the nature and scope of available vocational
rehabilitation services and the provision of such services will be made
by a representative of the Tribal vocational rehabilitation program
funded through this grant and such decisions will not be delegated to
another agency or individual.
(c) Priority in the delivery of vocational rehabilitation services
will be given to those American Indians with disabilities who are the
most significantly disabled.
(d) An order of selection of individuals with disabilities to be
served under the program will be specified if services cannot be
provided to all eligible American Indians with disabilities who apply.
(e) All vocational rehabilitation services will be provided
according to an individualized plan for employment which has been
developed jointly by the representative of the Tribal vocational
rehabilitation program and each American Indian with disabilities being
served.
(f) American Indians with disabilities living on or near Federal or
State reservations where Tribal vocational rehabilitation service
programs are being carried out under this part will have an opportunity
to participate in matters of general policy development and
implementation affecting vocational rehabilitation service delivery by
the Tribal vocational rehabilitation program.
(g) Cooperative working arrangements will be developed with the
DSU, or DSUs, as appropriate, which are providing vocational
rehabilitation services to other individuals with disabilities who
reside in the State or States being served.
(h) Any comparable services and benefits available to American
Indians with disabilities under any other program, which might meet in
whole or in part the cost of any vocational rehabilitation service,
will be fully considered in the provision of vocational rehabilitation
services.
(i) Any American Indian with disabilities who is an applicant or
recipient of services, and who is dissatisfied with a determination
made by a representative of the Tribal vocational rehabilitation
program and files a request for a review, will be afforded a review
under procedures developed by the grantee comparable to those under the
provisions of section 102(c)(1)-(5) and (7) of the Rehabilitation Act.
(j) The Tribal vocational rehabilitation program funded under this
part must assure that any facility used in connection with the delivery
of vocational rehabilitation services meets facility and program
accessibility requirements consistent with the requirements, as
applicable, of the Architectural Barriers Act of 1968, the Americans
with Disabilities Act of 1990, section 504 of the Rehabilitation Act,
and the regulations implementing these laws.
(k) The Tribal vocational rehabilitation program funded under this
part must ensure that providers of vocational rehabilitation services
are able to communicate in the native language of, or by using an
appropriate mode of communication with, applicants and eligible
individuals who have limited English proficiency, unless it is clearly
not feasible to do so.
3. Risk Assessment and Specific Conditions: Consistent with 2 CFR
200.206, before awarding grants under this competition the Department
conducts a review of the risks posed by applicants. Under 2 CFR
200.208, the Secretary may impose specific conditions and, under 2 CFR
3474.10, in appropriate circumstances, high-risk conditions on a grant
if the applicant or grantee is not financially stable; has a history of
unsatisfactory performance; has a financial or other management system
that does not meet the standards in 2 CFR part 200, subpart D; has not
fulfilled the conditions of a prior grant; or is otherwise not
responsible.
4. Integrity and Performance System: If you are selected under this
competition to receive an award that over the course of the project
period may exceed the simplified acquisition threshold (currently
$250,000), under 2 CFR 200.206(a)(2) we must make a judgment about your
integrity, business ethics, and record of performance under Federal
awards--that is, the risk posed by you as an applicant--before we make
an award. In doing so, we must consider any information about you that
is in the integrity and performance system (currently referred to as
the Federal Awardee Performance and Integrity Information System
(FAPIIS)), accessible through the System for Award Management. You may
review and comment on any information about yourself that a Federal
agency previously entered and that is currently in FAPIIS.
Please note that, if the total value of your currently active
grants, cooperative agreements, and procurement contracts from the
Federal Government exceeds $10,000,000, the reporting requirements in 2
CFR part 200, Appendix XII, require you to report certain integrity
information to FAPIIS semiannually. Please review the requirements in 2
CFR part 200, Appendix XII, if this grant plus all the other Federal
funds you receive exceed $10,000,000.
5. In General: In accordance with the Office of Management and
Budget's guidance located at 2 CFR part 200, all applicable Federal
laws, and relevant Executive guidance, the Department will review and
consider applications for funding pursuant to this notice inviting
applications in accordance with:
(a) Selecting recipients most likely to be successful in delivering
results based on the program objectives through an objective process of
evaluating Federal award applications (2 CFR 200.205);
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(b) Prohibiting the purchase of certain telecommunication and video
surveillance services or equipment in alignment with section 889 of the
National Defense Authorization Act of 2019 (Pub. L. 115-232) (2 CFR
200.216);
(c) Providing a preference, to the extent permitted by law, to
maximize use of goods, products, and materials produced in the United
States (2 CFR 200.322); and
(d) Terminating agreements in whole or in part to the greatest
extent authorized by law if an award no longer effectuates the program
goals or agency priorities (2 CFR 200.340).
VI. Award Administration Information
1. Award Notices: If your application is successful, we notify your
U.S. Representative and U.S. Senators and send you a Grant Award
Notification (GAN); or we may send you an email containing a link to
access an electronic version of your GAN. We may notify you informally,
also.
If your application is not evaluated or not selected for funding,
we notify you.
2. Administrative and National Policy Requirements: We identify
administrative and national policy requirements in the application
package and reference these and other requirements in the Applicable
Regulations section of this notice.
We reference the regulations outlining the terms and conditions of
an award in the Applicable Regulations section of this notice and
include these and other specific conditions in the GAN. The GAN also
incorporates your approved application as part of your binding
commitments under the grant.
3. Open Licensing Requirements: Unless an exception applies, if you
are awarded a grant under this competition, you will be required to
openly license to the public grant deliverables created in whole, or in
part, with Department grant funds. When the deliverable consists of
modifications to pre-existing works, the license extends only to those
modifications that can be separately identified and only to the extent
that open licensing is permitted under the terms of any licenses or
other legal restrictions on the use of pre-existing works.
Additionally, a grantee or subgrantee that is awarded competitive grant
funds must have a plan to disseminate these public grant deliverables.
This dissemination plan can be developed and submitted after your
application has been reviewed and selected for funding. For additional
information on the open licensing requirements please refer to 2 CFR
3474.20.
4. Reporting: (a) If you apply for a grant under this competition,
you must ensure that you have in place the necessary processes and
systems to comply with the reporting requirements in 2 CFR part 170
should you receive funding under the competition. This does not apply
if you have an exception under 2 CFR 170.110(b).
(b) At the end of your project period, you must submit a final
performance report, including financial information, as directed by the
Secretary. If you receive a multiyear award, you must submit an annual
performance report that provides the most current performance and
financial expenditure information as directed by the Secretary under 34
CFR 75.118. The Secretary may also require more frequent performance
reports under 34 CFR 75.720(c). For specific requirements on reporting,
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
5. Performance Measures: For the purposes of the Government
Performance and Results Act of 1993 (GPRA), and reporting under 34 CFR
75.110, the Department has established four performance measures for
the AIVRS program. The measures are:
(a) Of all those exiting the program, the percentage of individuals
who leave the program with an employment outcome after receiving
services under an individualized plan for employment (IPE).
(b)(1) The percentage of individuals who leave the program with an
employment outcome after receiving services under an IPE.
(2) The percentage of individuals who leave the program without an
employment outcome after receiving services under an IPE.
(3) The percentage of individuals who have not left the program and
are continuing to receive services under an IPE.
(c) The percentage of projects that demonstrate an average annual
cost per employment outcome of no more than $35,000.
(d) The percentage of projects that demonstrate an average annual
cost of services per participant of no more than $10,000.
Each grantee must annually report the data needed to measure its
performance on the GPRA measures through the Annual Performance
Reporting Form (APR Form) for the AIVRS program.
Note: For purposes of this section, the term ``employment outcome''
means, with respect to an individual, (a) entering or retaining full-
time or, if appropriate, part-time competitive employment in the
integrated labor market; (b) satisfying the vocational outcome of
supported employment; or (c) satisfying any other vocational outcome
the Secretary of Education may determine to be appropriate (including
satisfying the vocational outcome of customized employment, self-
employment, telecommuting, or business ownership). (Section 7(11) of
the Rehabilitation Act (29 U.S.C. 705(11)).
6. Continuation Awards: In making a continuation award under 34 CFR
75.253, the Secretary considers, among other things: Whether a grantee
has made substantial progress in achieving the goals and objectives of
the project; whether the grantee has expended funds in a manner that is
consistent with its approved application and budget; and, if the
Secretary has established performance measurement requirements, the
performance targets in the grantee's approved application.
In making a continuation award, the Secretary also considers
whether the grantee is operating in compliance with the assurances in
its approved application, including those applicable to Federal civil
rights laws that prohibit discrimination in programs or activities
receiving Federal financial assistance from the Department (34 CFR
100.4, 104.5, 106.4, 108.8, and 110.23).
VII. Other Information
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document and a copy of the application package in an
accessible format. The Department will provide the requestor with an
accessible format that may include Rich 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 Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit
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your search to documents published by the Department.
Katherine Neas,
Acting Assistant Secretary, Office of Special Education and
Rehabilitative Services.
[FR Doc. 2021-24887 Filed 11-15-21; 8:45 am]
BILLING CODE 4000-01-P