[rehab] OSERS Seeks Public Comment on Proposed Rules to Implement Workforce Innovation and Opportunity Act, OSERS Blog, April 23, 2015

[Nightingale, Noel]

Thought some on this list might find this of interest.

Link:
http://www.ed.gov/edblogs/osers/2015/04/osers-seeks-public-comment-on-proposed-rules-to-implement-workforce-innovation-and-opportunity-act/

Text:
OSERS Seeks Public Comment on Proposed Rules to Implement Workforce Innovation and Opportunity Act<http://www.ed.gov/edblogs/osers/2015/04/osers-seeks-public-comment-on-proposed-rules-to-implement-workforce-innovation-and-opportunity-act/>

The departments of Education and Labor announced<http://www.ed.gov/news/press-releases/obama-administration-seeks-public-comment-proposed-rules-implement-workforce-innovation-and-opportunity-act> recently that they are seeking comment<http://www2.ed.gov/about/offices/list/osers/rsa/wioa-reauthorization.html#nprm> on five Notices of Proposed Rulemaking (NPRMs), proposing rules that would implement the Workforce Innovation and Opportunity Act<http://www2.ed.gov/about/offices/list/osers/rsa/wioa-reauthorization.html#nprm> (WIOA). The act, signed by President Obama on July 22, 2014, is the first major reform to federal job training programs in more than 15 years. It's designed to streamline and improve the coordination of employment and training services across federal agencies and strengthen collaboration with state and local partners to increase access to and opportunities for the employment, education, training, and support services for individuals to succeed in the labor market.

OSERS encourages comments on all proposed regulations, and is particularly interested in receiving comments in the following areas:

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State VR Services program, State Supported Employment Services program, and provisions contained in new section 511 (Limitations on the Use of Subminimum Wages) that fall under the purview of ED<https://federalregister.gov/a/2015-05538>
[Docket ID ED-2015-OSERS-0001<http://www.regulations.gov/#!docketDetail;D=ED-2015-OSERS-0001>]
·        Employment Outcome<https://www.federalregister.gov/articles/2015/04/16/2015-05538/state-vocational-rehabilitation-services-program-state-supported-employment-services-program#h-56>:
·        Definition of EMPLOYMENT OUTCOME in proposed §361.5(c)(15)<https://www.federalregister.gov/articles/2015/04/16/2015-05538/state-vocational-rehabilitation-services-program-state-supported-employment-services-program#h-56> would mean, with respect to an individual, entering, advancing in, or retaining full-time or, if appropriate, part-time competitive integrated employment, as defined in §361.5(c)(9) (including customized employment, self-employment, telecommuting, or business ownership), or supported employment, that is consistent with an individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
·        This definition would eliminate uncompensated outcomes, such as homemakers and unpaid family workers, from the scope of the definition for purposes of the VR program.
·        To allow agencies to complete the VR process for these individuals, we are considering a transition period of six months following the effective date of the final regulations to implement the proposed definition. We are particularly interested in receiving comment on the proposed six-month transition period.
·        We are interested in receiving comments about providing such a transition period.
·        Scope of Vocational Rehabilitation Services for Individuals With Disabilities (§361.48); <https://www.federalregister.gov/articles/2015/04/16/2015-05538/state-vocational-rehabilitation-services-program-state-supported-employment-services-program#h-63> Pre-Employment Transition Services<https://www.federalregister.gov/articles/2015/04/16/2015-05538/state-vocational-rehabilitation-services-program-state-supported-employment-services-program#h-63>:
·        Section 113 of the Act<https://www.federalregister.gov/articles/2015/04/16/2015-05538/state-vocational-rehabilitation-services-program-state-supported-employment-services-program#h-56>, as added by WIOA<https://www.federalregister.gov/articles/2015/04/16/2015-05538/state-vocational-rehabilitation-services-program-state-supported-employment-services-program#h-56>, requires VR agencies to provide pre-employment transition services to students with disabilities who are eligible or potentially eligible for VR services.
·        We propose to interpret the term "potentially eligible" to mean all students with disabilities, as defined in proposed §361.5(c)(51)<https://www.federalregister.gov/articles/2015/04/16/2015-05538/state-vocational-rehabilitation-services-program-state-supported-employment-services-program#h-56>, and we are particularly interested in receiving comment on this interpretation.
·        Performance Accountability Measures:
·        In the ED-only NPRM, we propose to replace the current standards and indicators for the VR program under current §361.80 through §361.89 with a cross-reference in proposed §361.40<https://www.federalregister.gov/articles/2015/04/16/2015-05538/state-vocational-rehabilitation-services-program-state-supported-employment-services-program#h-46> to the joint regulations for the common performance accountability measures.
·        We ask that you provide only comments specific to the VR program with respect to this section.
·        Any comments regarding the common performance measures or data requirement, applicable to all core programs, should be provided in connection with the relevant provisions of the joint proposed regulations.
·        Limitations on Use of Subminimum Wage: Proposed Educational Agencies Requirements<https://www.federalregister.gov/articles/2015/04/16/2015-05538/state-vocational-rehabilitation-services-program-state-supported-employment-services-program#h-84>:
·        Proposed §397.31<https://www.federalregister.gov/articles/2015/04/16/2015-05538/state-vocational-rehabilitation-services-program-state-supported-employment-services-program#h-84> would prohibit a local educational agency or a State educational agency from entering into a contract with an entity that employs individuals at subminimum wage for the purpose of operating a program under which a youth with a disability is engaged in subminimum wage employment.
·        With regard to this proposed provision, the Secretary specifically seeks comments regarding the Department's role and jurisdiction.

Provide your comments on docket ED-2015-OSERS-0001<http://www.regulations.gov/#!docketDetail;D=ED-2015-OSERS-0001> at www.regulations.gov<http://www.regulations.gov>.

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Unified and Combined State Plans, Performance Accountability, and the One-Stop System Joint Provision<https://federalregister.gov/a/2015-05538>
[Docket ID ETA-2015-0002<http://www.regulations.gov/#!docketDetail;D=ED-2015-OSERS-0002>]
·        Performance Accountability Measures<https://www.federalregister.gov/articles/2015/04/16/2015-05538/state-vocational-rehabilitation-services-program-state-supported-employment-services-program#h-56>:
·        Section 116(b) of WIOA requires common performance accountability measures for the core programs of the workforce development system, including the VR program, which are set out in proposed joint regulations (Joint NPRM-Ed and DOL), which, once final, will reside in subpart E of 34 CFR 361. The joint NPRM can be found at the Federal Register<http://www.federalregister.gov> (www.federalregister.gov<http://www.federalregister.gov>).
·        Any comments regarding the common performance measures or data requirement, applicable to all core programs, should be provided in connection with the relevant provisions of the joint proposed regulations.
·        One-stop Delivery System<https://www.federalregister.gov/articles/2015/04/16/2015-05538/state-vocational-rehabilitation-services-program-state-supported-employment-services-program#h-39>:
·        As a required partner in the one-stop service delivery system, the designated State unit must satisfy all requirements set forth in proposed joint regulations (Joint NPRM-Ed and DOL), which, once final, will reside in subpart F of 34 CFR 361. The joint NPRM can be found at the Federal Register<http://www.federalregister.gov> (www.federalregister.gov<http://www.federalregister.gov>).
·        We ask that you submit any comments regarding the VR program's role in the one-stop delivery system in conjunction with related provisions contained in the joint proposed regulations.

Provide your comments on docket ETA-2015-0002<http://www.regulations.gov/#!docketDetail;D=ED-2015-OSERS-0002> at www.regulations.gov<http://www.regulations.gov>.

________________________________
Workforce Innovation and Opportunity Act: Miscellaneous Program Changes<https://federalregister.gov/a/2015-05535>
[Docket ID ED-2015-OSERS-0002<http://www.regulations.gov/#!docketDetail;D=ED-2015-OSERS-0002>]
·        Proposed §386.40(b)(1) (Long-term training program)<https://www.federalregister.gov/articles/2015/04/16/2015-05535/workforce-innovation-and-opportunity-act-miscellaneous-program-changes#h-92>:
·        We have proposed to add the following: §386.40(b)(1)<https://www.federalregister.gov/articles/2015/04/16/2015-05535/workforce-innovation-and-opportunity-act-miscellaneous-program-changes#h-92>" allowing scholars who are in multi-year programs of study and who are currently employed or are seeking employment to start satisfying the service obligation after completion of at least one year of study. This provision would also prohibit scholars who do not complete the program of study from performing the service obligation, except for scholars who complete at least one year of a multi-year program.
·        We request specific comments on this proposal."
·        Proposed §396.4(c) (Interpreter Training)<https://www.federalregister.gov/articles/2015/04/16/2015-05535/workforce-innovation-and-opportunity-act-miscellaneous-program-changes#h-105>
·        We propose to add the following definition in §396.4(c)<https://www.federalregister.gov/articles/2015/04/16/2015-05535/workforce-innovation-and-opportunity-act-miscellaneous-program-changes#h-105>: "an individual who has a hearing impairment such that, in order to facilitate communication, the individual depends upon visual modes, such as sign language, speech reading, and gestures, or reading and writing, in addition to any other auditory information."
·        We particularly encourage the public to comment on the appropriateness of this definition in the context of this program.

Provide your comments on docket ED-2015-OSERS-0002<http://www.regulations.gov/#!docketDetail;D=ED-2015-OSERS-0002> at www.regulations.gov<http://www.regulations.gov>.

________________________________
Public comment period will end on June 15, 2015

Please visit www.regulations.gov<http://www.regulations.gov/> to share your comments on these above, and all of the proposed rules, in accordance with the process outlined in the NPRMs. Comments to this OSERS blog are not accepted and have been turned off.

IMPORTANT NOTE:
Any comments not received through the processes outlined in the NPRMs will NOT be considered by the department.