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Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Proposed Rules students with disabilities, supported employment for individuals with the most significant disabilities, customized employment, and coordinated strategies such as career pathways and apprenticeships to help individuals with disabilities realize employment goals consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. At the same time, WIOA
recognizes the need to reach traditionally unserved or underserved groups and individuals.
Many of the WIOA provisions and priorities are reflected in the Combined and Unified State Plans developed in coordination with State and local workforce development boards. Some States are also implementing innovative approaches, including rapid engagement and progressive employment, to help individuals with disabilities to pursue quality employment outcomes.
State VR agency personnel have experienced several challenges in implementing the WIOA expanded provisions. As of November 13, 2020, 25
of 78 VR agencies were unable to serve all eligible individuals due to a lack of financial and staff resources and have thus introduced orders of selection, closed one or more priority categories, and limited the provision of services to eligible individuals based on the significance of their disabilities. Five of these VR agencies have closed all priority categories, meaning that they are not providing services to new applicants for the VR program. VR
agencies are implementing orders of selection for two main reasons, one being the inability to provide the nonFederal share required as match for the VR program, which prevents them from accessing all available Federal VR
program funds, and the other being the requirement to reserve at least 15
percent of Federal VR program funds for providing pre-employment transition services to eligible and potentially eligible students with disabilities, which restricts the amount of VR
program funds available to serve all other eligible individuals with disabilities. These trends may be impacting the nature, scope, and timeliness of the VR services as well as the number of eligible individuals served.
The CAP professionals play a vital role in helping VR clients and applicants to access the expanded opportunities under WIOA, even in the midst of the challenges the State VR
agencies face, through individual information and advocacy services, systems change activities, and outreach to traditionally unserved or underserved
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populations. To fulfill their role effectively, CAP professionals must be knowledgeable about the enhanced opportunities, VR service-provision requirements, and CAP programs roles and responsibilities under the Rehabilitation Act. Also, CAP
professionals must understand the specific needs of individuals with disabilities, the challenges State VR
agencies face, and the roles of the State Rehabilitation Council, community rehabilitation programs, and workforce development partners in their States.
Further, CAP professionals must possess effective individual and systems advocacy, leadership, relationshipbuilding, and outreach skills. Finally, the CAP programs require strong strategic planning and resource management capabilities.
The purpose of this priority is to provide high-quality and relevant training and technical assistance to increase CAP professionals knowledge, skills, competencies, and capabilities in these critical areas.
The project must be awarded and operated in a manner consistent with the nondiscrimination requirements mandated by the U.S. Constitution and Federal civil rights laws.
Proposed Priority Rehabilitation Short-Term Training Client Assistance Program CAP
Training.
The Department proposes to establish this Rehabilitation Short-Term TrainingClient Assistance Program CAP
Training priority to provide CAP
professionals the necessary knowledge, competencies, and skills to help VR
clients and applicants access expanded education, training, and employment opportunities under WIOA, and to address obstacles or barriers that VR
clients and applicants may encounter.
Under this priority, grantees must provide comprehensive and in-depth training and technical assistance activities that provide updated information about CAP program duties and responsibilities under the Rehabilitation Act; expanded VR service provisions in the Rehabilitation Act, including section 113 on preemployment transition services and section 511 regarding limitations on subminimum wages; and on other education, training, and employment opportunities under WIOA, including career pathways, apprenticeships, and customized employment. In providing the training and technical assistance, grantees must consider the challenges that State VR agencies face in implementing WIOAs expanded provisions and opportunities and the
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roles of the State Rehabilitation Council, community rehabilitation programs, workforce development partners, and other stakeholders, as reflected in the Unified or Combined State Plans. The training and technical assistance must enhance CAP professionals individual and systems advocacy competencies and their leadership, relationshipbuilding, and outreach skills. In addition, the training and technical assistance must strengthen the institutional effectiveness of the CAP
programs in the individual States through strategic planning and resource management capacity-building activities.
Under this priority, the Secretary will fund only applications that meet the project requirements outlined below.
Applicants must describe major implementation activities, timelines, and milestones for each of the following project requirements:
1 Training and technical assistance to increase CAP professionals knowledge, skills, and competencies in the four broad subject areas and related topics, including, but not limited to:
a Rehabilitation Act in the context of WIOA
i CAP program duties and responsibilities under section 112a of the Rehabilitation Act;
ii VR service provision requirements in the Rehabilitation Act and related regulations, policy guidance, and legal decisions, including those regarding section 113 on pre-employment transition services and section 511
regarding limitations on subminimum wages;
iii Expanded training, education, and employment opportunities under WIOA, including but not limited to preemployment transition services, workbased learning, apprenticeships, customized employment, career pathways, and focus on postsecondary credential attainment, including advanced degrees;
iv Challenges and successes that VR
agencies experience in making the opportunities under WIOA available to individuals with disabilities in their States;
v Obstacles that individuals with disabilities experience in accessing VR
services, including the new and expanded services available through the VR program as a result of WIOA, particularly individuals with the most significant disabilities, students and youth with disabilities, members of traditionally unserved or underserved groups, and individuals in economically disadvantaged communities; and vi Key stakeholder roles, including State Rehabilitation Councils SRC,
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