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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations
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VR clients and applicants would be well served by increased coordination, communication, and cross-training between CAPs and VR agencies. The priority includes several provisions that promote such coordination, communication, and training. Required training topics include the obstacles faced by individuals represented by the CAPs and the challenges faced by VR
agencies; the roles of SRCs, workforce development partners, and other key VR
stakeholders; leadership, relationshipbuilding, and outreach skills for CAP
professionals; strategic assessments of VR program challenges, needs, and opportunities based on the CAPs; and strategic engagement with State VR
agencies, SRCs, and other stakeholders in response to such assessments. In addition, the NPP requires that CAP
training and technical assistance be based on a comprehensive needs assessment that considers the needs of CAP professionals and individuals with disabilities in the context of VR program challenges, needs, and opportunities.
We are revising the priority to further emphasize CAP coordination and communication with the stated purpose of improving VR service delivery and, thus, competitive integrated employment outcomes for VR clients and applicants.
Changes: The Department added language encouraging greater communication, coordination, crosstraining, and feedback between the CAP
and the State VR agencies, SRCs, workforce partners, and other programs and services available under the Rehabilitation Act in the prioritys introductory paragraphs; in required topic areas a1iv and vi and a3i and iii; and in the comprehensive needs assessment section. Also, we added a reference to the CAPs participation in the SRC under the CAP
duties and responsibilities required topic area.
Policy Analysis Comment: One commenter suggested that policy analysis is an additional area that needs to be addressed in the CAP
Training priority. The commenter points out that, under section 101a16A
and B of the Rehabilitation Act, the designated State agency is required to actively consult with the CAP prior to the adoption of any policies or procedures governing the provision of VR services under the State plan, or amendments thereof, and to consider the views of the CAP director in matters of general policy arising in the administration of the plan.
Discussion: The Department agrees that CAP professionals must develop the
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expertise necessary to advise State designated agencies on proposed policies and procedures governing the provision of VR services, consistent with section 101a16A and Biv of the Rehabilitation Act. The NPP
supports the development of such expertise by requiring CAP training on the service provision requirements in the Rehabilitation Act and its regulations, policy guidance, and legal decisions, including those related to section 113 on pre-employment transition services and section 511
regarding limitations on use of subminimum wage. We are revising the priority to further foster and facilitate meaningful CAP input on policies or procedures governing the provision of VR services before they are adopted by the State designated agency, consistent with the Rehabilitation Act. The final prioritys new provisions on coordination and communication discussed above should also foster favorable conditions for the CAPs to provide input on proposed VR service provision policies and procedures.
Changes: The Department added a reference to section 101a16 under the final prioritys required topic area on CAP duties and responsibilities.
Dispute Resolution Between CAPs and State VR Agencies Comment: One commenter stated that the priority should encourage CAPs and State VR agencies to resolve disputes at the lowest level of intervention possible to minimize the need for litigation and maximize the amount of Federal funds available for the provision of VR
services that individuals need to obtain their employment goals under the Rehabilitation Act.
Discussion: The Department agrees that the priority should encourage CAPs to resolve disputes at the lowest level possible. Accordingly, alternate dispute resolution is one of the required training topic areas under this priority. Also, the notice inviting applications published elsewhere in this issue of the Federal Register includes two pertinent Government Performance and Results Act GPRA performance measures:
Number and percentage of individual cases resolved through alternative dispute resolution and number of nonlitigation systemic activities not involving individual representation that resulted in the change of one or more policies or practices of an agency.
Moreover, we expect that the prioritys provisions regarding coordination and communication between CAPs, State VR
agencies, and other programs within the scope of CAP will help create an environment favorable to non-litigation
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dispute resolution activities and outcomes.
Changes: None.
CAP Training Nature and Scope Comment: One commenter raised the question of whether the CAP Training prioritys purview extends beyond the VR services outlined in Title I of the Rehabilitation Act, as amended by WIOA. The commenter notes that section 112a extends the CAP
programs role to all the projects, programs, and services provided under the Rehabilitation Act, including independent living.
Discussion: The Department agrees that, under section 112a of the Rehabilitation Act, CAPs are responsible for informing, assisting, advising, and advocating for projects, programs, and services under the Rehabilitation Act beyond VR, including the independent living programs. In response, the priority has been revised to ensure consistency with Section 112a of the Rehabilitation Act.
Changes: The Department incorporated throughout the priority references to other projects, programs, and services provided by the Rehabilitation Act, in addition to the prioritys original references to the VR
program.
Comment: One commenter expressed support for the prioritys provisions regarding CAP Training coordination with the Rehabilitation Services Administration RSA VR technical assistance centers. Also, the commenter recommended further integration with the technical assistance centers through the CAP Training grantees participation in the Intensive Technical Assistance ITA agreements established between the technical assistance centers and participating State VR agencies. The commenter also recommended that the CAP Training grantee join the Technical Assistance Center Collaborative that convenes monthly to coordinate delivery of the centers technical assistance to the VR agencies.
Discussion: The Department agrees with the importance of coordination between the CAP Training program and the RSA VR technical assistance centers.
Accordingly, the priority requires the coordination and leveraging of resources between the CAP Training grantee and the technical assistance centers.
Towards that end, we will encourage the CAP Training grantee to attend the Technical Assistance Center Collaborative meetings. However, it is not feasible or appropriate for the CAP
Training grantee to participate directly in the ITA agreements. CAP Training activities do not constitute ITA, as
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