Federal Register - March 16, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Rules and Regulations effective, or there may be collaborative approaches with other Tribal programs or external programs that could address this need. The Department believes that the specific method of providing benefits counseling services is best left to the specific AIVRS project and Tribal organizations to determine, with the AIVRTTAC providing TA as appropriate and as requested by the AIVRS project.
Changes: None.
Comment: One commenter advocated that any TA provided that results in the successful attainment of a certificate be offered only for academic credit and that certificates of a non-academic nature be only offered as incremental steps that would ultimately result in academic credit, resulting in a terminal degree in American Indian Vocational Rehabilitation Services. The commenter stated that when an individual selfidentifies as an American Indian VR
professional, the individual should be striving to be on a career-long learning endeavor to perform at their highest potential for the clients they serve.
AIVRS agencies need personnel who choose this work as a career option, and academic degrees are an avenue whereby an individual makes these career choices.
Discussion: The Department agrees with the commenter that an academic credit option needs to be available for the courses offered for completion of a certificate in American Indian Vocational Rehabilitation Services.
Proposed Priority 1 allows VR
professionals from the AIVRS projects to decide to take certificate courses for no academic credit if they so choose. The Department will modify the priority to require that the AIVRTTAC offer an academic option in addition to a nonacademic option and allow the applicant to determine the designation and requirements for each.
In addition, the Department will revise the proposed priority to encourage but not require an academic path whereby certificate courses taken for academic credit could lead to a degree in vocational rehabilitation or a closely related field. While an academic path leading to a degree is important, the Department does not agree that an academic path should be the only option. AIVRS projects hire staff at different levels in the organization, and certificate course knowledge could be helpful to staff at all levels of the organization. In addition, there may be individuals who bring great cultural or work experience to the AIVRS project but may not be, for various reasons, able to pursue a degree. The knowledge gained through a certificate class would nevertheless be helpful to the employee
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and benefit the AIVRS consumers the employee serves, even if the class is not taken for academic credit.
Changes: We have revised Proposed Priority 1 to require that the AIVRTTAC
provide an academic credit option for courses offered that lead to a certificate in AIVRS and added language to encourage the inclusion of an academic path that allows certificate courses taken for academic credit to lead to a degree.
Comment: Regarding Proposed Priority 2, one commenter stated that the match requirement should be the smallest percentage possible and that foregone indirect funds should be allowable as an in-kind match because the commenters organization within a university structure is funded by grant and contract revenue and has only limited other funds that could be used for match purposes. The commenter also stated that potential applicants, such as small colleges and Tribal entities, have limited funds available for match and that a match requirement will limit the diversity of applicants.
Discussion: The Department agrees that requirements in the proposed priority that would limit the potential applicant pool are not desirable. In particular, there are a number of institutions of higher education IHEs operated by Tribes that would bring cultural relevance and practical experience in the operation of workforce related programs in Tribal areas. While Tribal IHEs vary in size, funding, and location, it is possible that a match requirement would deter a Tribal IHE
from becoming an applicant or a partner in an application. Applications with multiple partners generally require the participating organizations to furnish the matching funds for the portion of the grant they receive. Thus, a match requirement could discourage participation even as a partner in an application.
The Department also recognizes that the COVID19 pandemic is not abating, especially in Tribal communities, and that the impact of the pandemic is causing revenue challenges for State and Tribal governments and State and Tribal IHEs, making the provision of matching funds even more difficult.
The proposed matching requirement is not required by statute. Because the Department wishes to invite applications from the broadest range of applicants, and because most of the eligible applicant pool is also economically affected by the COVID19
pandemic, the Department has determined that the concerns raised by the commenter and the others recognized by the Department outweigh
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the value that a matching requirement might otherwise generate through greater institutional investment in the grant activity.
Changes: We have removed Proposed Priority 2.
Final Priority American Indian Vocational Rehabilitation ServicesTraining and Technical Assistance Program This priority funds a five-year cooperative agreement to establish an American Indian Vocational Rehabilitation Training and Technical Assistance Center AIVRTTAC to provide four types of training and technical assistance TA for the personnel of the American Indian Vocational Rehabilitation Services AIVRS projects awarded under section 121a of the Rehabilitation Act of 1973, as amended Act, to the governing bodies of Indian Tribes and consortia of those governing bodies. The four types of training and TA are: 1 Intensive training and TA; 2 targeted training and TA; 3 universal training and TA;
and 4 capacity-building for AIVRS
project personnel through training modules that build foundational skills for the delivery of VR services to AIVRS
project participants. The AIVRTTAC
will develop and provide these types of training and TA for AIVRS projects in the following topic areas:
a Applicable laws and regulations governing the AIVRS program.
b Promising practices for providing VR services to American Indians with disabilities.
c The delivery of VR services to American Indians with disabilities, including the determination of eligibility, case management, case record documentation, assessment, development of the individualized plan for employment, and placement into competitive integrated employment.
d Knowledge of assistive technology AT, including the definition of AT, how to evaluate the need for AT and what types of AT are available, use of AT, and access to AT.
e Implementing professional development practices to ensure effective project coordination, administration, and management.
f Implementing appropriate financial and grant management practices to ensure compliance with OMBs Uniform Guidance 2 CFR part 200 and the Education Department General Administrative Regulations.
g Evaluating project performance, including data collection, data analysis, and reporting.
Specific subjects for training and TA
in each of these topic areas will be
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