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designated representative by telephone comments electronically. Information provide comments on identifying at 907–463–2980 or on Marine Band on using Regulations.gov, including regulations and guidance for repeal, Radio VHF–FM channel 16 (156.8 instructions for accessing agency replacement, or modification. After MHz). The Coast Guard vessels documents, submitting comments, and extending the closing date from enforcing this section can be contacted viewing the docket, is available on the 21, 2017 to 20, 2017, the on Marine Band Radio VHF–FM site under ‘‘How to use Rehabilitation Services Administration, channel 16 (156.8 MHz). Regulations.gov.’’ within the Office of Special Education (3) Those in the safety zone must • Postal Mail, Commercial Delivery, and Rehabilitative Services, received comply with all lawful orders or or Hand Delivery. If you mail or deliver 847 comments from the public. Of those directions given to them by the COTP or your comments about this notice of comments, and others received since the COTP’s designated representative. interpretation, address them to Carol September 2017, approximately 30 (d) Enforcement officials. The U.S. Dobak, U.S. Department of Education, included questions, suggestions, and Coast Guard be assisted in the 400 Maryland Avenue SW, Room 5153, implementation concerns regarding the patrol and enforcement of the safety Potomac Center Plaza, Washington, DC statutory provision requiring States to zone by Federal, State, and local 20202–5108. provide pre-employment transition agencies. services. Privacy Note: The Department’s policy for The Rehabilitation Act of 1973, as (e) Enforcement. This safety zone may comments received from members of the be enforced during the period described public is to make these submissions available amended by title IV of the Workforce in paragraph (f) of this section. for public viewing in their entirety on the Innovation and Opportunity Act (f) Enforcement period. This section Federal eRulemaking Portal at (Rehabilitation Act), requires States to may be enforced from 7:30 a.m. on www.regulations.gov. Therefore, commenters reserve at least 15 percent of their VR , 2020, until 5 p.m. on should be careful to include in their program allotments to provide, or , 2020. comments only information that they wish to arrange for the provision of, pre- make publicly available. Dated: , 2020. employment transition services to all students with disabilities in need of Stephen R. White, FOR FURTHER INFORMATION CONTACT: Carol Dobak, U.S. Department of such services who are eligible or Captain, U.S. Coast Guard, Captain of the potentially eligible for the VR program. Port Southeast Alaska. Education, 400 Maryland Avenue SW, Room 5153, Potomac Center Plaza, In response to the many questions and [FR Doc. 2020–03648 Filed 2–26–20; 8:45 am] comments about the allowable use of Washington, DC 20202–5108. BILLING CODE 9110–04–P the reserved funds for auxiliary aids and Telephone: (202) 245–7325. Email: services and other VR services listed in [email protected]. the Rehabilitation Act, the Department DEPARTMENT OF EDUCATION SUPPLEMENTARY INFORMATION: issues this notice of interpretation to: (1) Invitation to Comment Clarify current policy regarding the use 34 CFR Part 361 of Federal VR funds reserved for the We invite you to submit comments on [Docket ID ED–2019–OSERS–0140] provision of pre-employment transition this notice of interpretation. We will services to pay for auxiliary aids and State Vocational Rehabilitation consider these comments in services needed by all students with Services Program determining whether to take any future disabilities in order to access or action. participate in required pre-employment AGENCY: Office of Special Education and See ADDRESSES for instructions on transition services under section 113(b) Rehabilitative Services, U.S. Department how to submit comments. of the Rehabilitation Act, and (2) of Education. During and after the comment period, announce a change in policy with ACTION: Policy interpretation; request for you may inspect all public comments respect to additional VR services needed comments. about this interpretation by accessing by eligible students with disabilities Regulations.gov. You may also inspect that may be paid for with Federal VR SUMMARY: The U.S. Department of the comments in person in Room grant funds reserved for the provision of Education (Department) issues this 3W104, 400 Maryland Avenue SW, pre-employment transition services and interpretation to clarify current policy Washington, DC, between the hours of the circumstances under which those and announce a change in policy 8:30 a.m. and 4:00 p.m., Eastern time, funds may be used to pay for those regarding the use of Federal vocational Monday through Friday of each week additional VR services. rehabilitation (VR) funds reserved for except Federal holidays. If you want to pre-employment transition services. schedule time to inspect comments, Background DATES: This policy is effective February please contact the person listed under The amendments to the Rehabilitation 28, 2020. We must receive your FOR FURTHER INFORMATION CONTACT. Act made by title IV of the Workforce comments on or before 30, 2020. Assistance to Individuals with Innovation and Opportunity Act ADDRESSES: Submit your comments Disabilities in Reviewing the Record: On (WIOA) place heightened emphasis on through the Federal eRulemaking Portal request, we will provide an appropriate the provision of services to students and or via postal mail, commercial delivery, accommodation or auxiliary aid to an youth with disabilities to ensure that or hand delivery. We will not accept individual with a disability who needs they have meaningful opportunities to comments submitted by fax or by email assistance to review the comments or receive the training and other services or those submitted after the comment other documents in the public record for they need to achieve employment period. To ensure that we do not receive this notice. If you want to schedule an outcomes in competitive integrated duplicate copies, please submit your appointment for this type of aid, please employment. The Rehabilitation Act, as comments only once. In addition, please contact the person listed under FOR amended by WIOA, expands not only include the Docket ID at the top of your FURTHER INFORMATION CONTACT. the population of students with comments. The Department published a request disabilities who may receive services • Federal eRulemaking Portal: Go to for comments in the Federal Register on under the VR program but also the kinds www.regulations.gov to submit your 22, 2017, inviting the public to of services the designated State units

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(DSUs) may provide to these students Since implementation of the pre- aids and services needed by any student with disabilities who are transitioning employment transition services with a disability with a sensory or from school to postsecondary education requirements, the Department has communicative disorder who needs and employment. continued to receive comments from those services to access pre-employment Most notably, section 110(d)(1) of the DSUs and other stakeholders regarding: transition services, regardless of Rehabilitation Act and 34 CFR (1)The need for further clarification whether the student has applied or been 361.65(a)(3)(i) require States to reserve about the extent to which funds determined eligible for the VR program. at least 15 percent of their Federal VR reserved for the provision of pre- As public entities, defined in section grant for the provision of pre- employment transition services may be 12131 of the Americans with employment transition services. Section used to pay for auxiliary aids and Disabilities Act (ADA), and as recipients 113(a) of the Rehabilitation Act and 34 services; and (2) the ability of States to of Federal funds, DSUs must ensure that CFR 361.48(a) require DSUs for the VR reserve and expend at least 15 percent no qualified individual with a disability program to use the reserved funds to of their VR grant allotments on the is excluded from participation in or provide, or arrange for the provision of, provision of pre-employment transition denied the benefits of services, pre-employment transition services to services under the Department’s general programs, or activities on the basis of all students with disabilities in need of interpretation of the statutory the individual’s disability (section such services who are eligible or requirements related to the allowable 12132 of the ADA and section 504(a) of potentially eligible for services under use of funds. Specifically, DSUs and the Rehabilitation Act). Because section the VR program. stakeholders have asked if funds 113(a) of the Rehabilitation Act and 34 Section 113(b) of the Rehabilitation reserved for pre-employment transition CFR 361.48(a) make clear that pre- Act and 34 CFR 361.48(a)(2) list the five services may be used to cover the costs employment transition services must be required pre-employment transition of auxiliary aids and services provided provided to all students with disabilities services that DSUs, in collaboration directly to students with disabilities as who need them, this means that both with local educational agencies (LEAs), well as other VR services, such as eligible and potentially eligible students must make available to students with transportation, tuition for postsecondary with disabilities meet the essential disabilities in need of these services. education, rehabilitation technology, eligibility requirements 2 for pre- These services are— and job coaching. The Department employment transition services under • Job exploration counseling; addresses these concerns in this notice the VR program in accordance with • Work-based learning experiences, of interpretation. section 113(a) of the Rehabilitation Act and thus are considered qualified which may include in-school or after Policy Interpretation Clarification—Use individuals with disabilities for school opportunities, or experience of Reserved Funds for Providing purposes of title II of the ADA and outside the traditional school setting Auxiliary Aids and Services to All section 504 of the Rehabilitation Act (28 (including internships), that are Students With Disabilities Receiving CFR 35.104; 34 CFR 104.3(l)(4)). provided in an integrated environment Pre-Employment Transition Services to the maximum extent possible; Therefore, if any student with a • Counseling on opportunities for Subsequent to the publication of the disability requires an auxiliary aid or enrollment in comprehensive transition State Vocational Rehabilitation Services service to access or participate in any of or postsecondary educational programs program; State Supported Employment the pre-employment transition services at institutions of higher education; Services program; and Limitations on specified in section 113(b) of the • Workplace readiness training to Use of Subminimum Wage regulations Rehabilitation Act and 34 CFR develop social skills and independent in the Federal Register on , 361.48(a)(2), the DSU must pay for such living; and 2016 (81 FR 55630) (August 2016 costs if no other public entity is • Instruction in self-advocacy, which regulations), it has been the required to provide such aids or may include peer mentoring. Department’s policy interpretation that services.3 Pre-employment transition services DSUs may use funds reserved for the represent the earliest set of services provision of pre-employment transition 2 It is important to note that potentially eligible available for students with disabilities services to pay for auxiliary aids and students with disabilities are eligible to receive pre- services for students with disabilities employment transition services pursuant to section under the VR program, are short-term in 113(a) of the Rehabilitation Act. As such, they are , and are designed to help with sensory and communicative considered qualified individuals under the ADA for students identify career interests. disorders who need such aids and the receipt of pre-employment transition services. It For purposes of this notice of services in order to access or participate should not be construed that these students with in pre-employment transition services disabilities have satisfied the eligibility interpretation, the Department focuses requirements of section 102(a) of the Rehabilitation its discussion on these five required pre- under section 113(b) of the Act for all other VR services provided under section employment transition services because Rehabilitation Act and 34 CFR 103 of the Rehabilitation Act. these are the only pre-employment 361.48(a)(2) (Rehabilitation Services 3 Please see 34 CFR 361.53(a) for the related Administration email to DSUs dated assurance that DSUs must include in the VR transition services that DSUs provide services portion of the Unified or Combined State directly to students with disabilities as 28, 2016: https:// Plan. See also Section 101(a)(8)(A)(i) of the defined in section 7(37) of the www2.ed.gov/policy/speced/guid/rsa/ Rehabilitation Act. Because DSUs must conduct a Rehabilitation Act and 34 CFR supporting/dear-director-letter- search for comparable services and benefits only 1 auxiliary-aids-and-services-12-28- when providing VR services to eligible individuals, 361.5(c)(51). they need not conduct such a search when 2016.pdf). The Department made clear providing pre-employment transition services and 1 Section 113(c) of the Rehabilitation Act that DSUs may use the funds reserved auxiliary aids and services to students with describes services that are systemic in nature, i.e., under section 110(d)(1) of the disabilities who have not applied or been strategies the DSUs use in delivering pre- Rehabilitation Act and 34 CFR determined eligible for VR services, but they would employment transition services, and section 113(d) be required to do so for those students with describes the coordination activities for ensuring 361.65(a)(3)(i) to pay for any auxiliary disabilities who have been determined eligible that students with disabilities receive the pre- under the VR program pursuant to section 102(a)(1) employment transition services they need. This 113(c) and (d) of the Rehabilitation Act because of the Rehabilitation Act. In addition, rehabilitation notice of interpretation does not address the pre- they are not applicable to this interpretation (see technology, including telecommunications, sensory, employment transition services described in section also 34 CFR 361.48(a)(3) and (4)). Continued

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The ADA’s title II implementing computer on which it is installed, meets respect to those students with regulations define ‘‘auxiliary aids and the definition of ‘‘auxiliary aids and disabilities who have not yet been services’’ in 28 CFR 35.104. For services’’ for purposes of the ADA and determined eligible for the VR program purposes of the Department’s policy section 504 of the Rehabilitation Act (i.e., potentially eligible students with interpretation, auxiliary aids and and, as such, could be paid with funds disabilities), DSUs may use the funds services ensure equal access to reserved for the provision of pre- reserved under section 110(d)(1) of the information, materials, services, and employment transition services. The Rehabilitation Act and 34 CFR activities available to students with Department addresses computers and 361.65(a)(3)(i) only to pay for those pre- disabilities participating in pre- other rehabilitation technology in a later employment transition services set forth employment transition services. As discussion pertaining to section in section 113 and 34 CFR 361.48(a), as such, expenditures incurred for the 103(a)(14) of the Rehabilitation Act and well as for auxiliary aids and services purchase or acquisition of auxiliary aids 34 CFR 361.48(b)(17). needed to access or participate in pre- and services, including, for example, On the other hand, personal devices employment transition services, as interpreter and reader services under and services do not meet the definition described in Department guidance section 103(a)(10) of the Rehabilitation of auxiliary aids and services under the issued to date. Act and 34 CFR 361.48(b)(10) and (11), ADA or section 504 of the Rehabilitation Since the addition of the five required for students with disabilities needing Act. Personal devices and services pre-employment transition services, the such aids or services to access or include individually prescribed devices, VR program can be characterized as participate in pre-employment such as prescription eyeglasses or providing a continuum of services, with transition services specified in section hearing aids, readers for personal use or pre-employment transition services 113(b) of the Rehabilitation Act and 34 study, or services of a personal nature being most beneficial to students with CFR 361.48(a)(2) constitute an allowable (28 CFR 35.135 and 34 CFR disabilities in the early stages of pre-employment transition services cost. 104.44(d)(2)). If a student with a employment exploration. The Secretary This is true for both potentially eligible disability requires personal devices or is committed to ensuring that students and eligible students with disabilities. services or individually prescribed with disabilities are held to high Because auxiliary aids and services assistive technology, the VR agency expectations and have the resources and necessary for students with disabilities must determine whether the student supports needed to prepare them for to access or participate in pre- meets the eligibility criteria of section success in postsecondary education or employment transition services are an 102(a) of the Rehabilitation Act and, if careers. Therefore, we believe that these allowable cost, DSUs may use funds so, develop an IPE in partnership with services should be provided to the reserved for providing pre-employment the student pursuant to section 102(b) of broadest population of students with transition services to pay for those the Rehabilitation Act for the provision disabilities to ensure that as many auxiliary aids and services for any of those additional services (see also 34 students with disabilities as possible are student with a disability who needs CFR 361.42(a)(1) and 361.45). DSUs able to receive the services they need to them, regardless of whether they have must use funds reserved under prepare for postschool activities, applied and been determined eligible section110(d)(1) of the Rehabilitation including postsecondary education and for VR services. For example, for a Act and 34 CFR 361.65(a)(3)(i) to pay for employment. To that end, pre- student who is deaf, DSUs could only pre-employment transition services employment transition services purchase interpreter services or video- under section 113(b) and 34 CFR represent the earliest set of services based telecommunication products to 361.48(a)(2), auxiliary aids and services available for students with disabilities ensure access to information and needed by any student with a disability under the VR program. These are short- activities related to job exploration to access or participate in those services, term services designed to help students counseling or other pre-employment or other VR services necessary for an identify career interests. transition services. As another example, eligible student to receive pre- Transition services represent the next DSUs could purchase screen reader employment transition services as set of services on the continuum of VR software programs to enable a student discussed elsewhere in this notice of services available to eligible who is blind to access information on a interpretation. DSUs must pay for any individuals. Transition services, for computer during a work-based learning other additional VR services using non- eligible students 4 with disabilities, experience. DSUs could purchase the reserved VR funds. provide for further development and screen reader software for the student’s pursuit of career interests with Policy Interpretation—Use of Reserved personal laptop or for a laptop that postsecondary education, vocational Funds for Providing Certain Other VR would be available for other students training, job search, job placement, job Services for Eligible Students With needing the device. In these instances, retention, job follow-up, and job follow- Disabilities Receiving Pre-Employment it is important to note that the screen along services (section 103(a)(4), (5), Transition Services reader software for individuals who are and (15) of the Rehabilitation Act and blind or visually impaired, not the As explained here for purposes of this 34 CFR 361.48(b)(6), (12), and (18)). policy interpretation, which is separate Employment-related services to and other technological aids and devices, among and distinct from the policy clarification eligible individuals are next in the other VR services, are exempt under Section just described regarding auxiliary aids continuum of services. These services 101(a)(8)(A)(i) and 34 CFR 361.53(b)(5) from the and services, DSUs may use the funds typically are provided once eligible determination of comparable services and benefits. Therefore, DSUs need not conduct a search for reserved under section 110(d)(1) of the comparable services and benefits when providing Rehabilitation Act and 34 CFR 4 Although DSUs may provide transition and auxiliary aids and services to either eligible or 361.65(a)(3)(i) to pay for those pre- other VR services to youth with disabilities, as potentially eligible students with disabilities to the defined at section 7(42) of the Rehabilitation Act extent that these aids and services constitute employment transition services needed and 34 CFR 361.5(c)(58), the discussion in this ‘‘rehabilitation technology’’ as defined in Section by eligible students with disabilities, notice of interpretation focuses solely on students 7(32) of the Rehabilitation Act and 34 CFR plus any other VR service needed by with disabilities because pre-employment transition 361.5(c)(45), and are necessary for the student with those eligible students to benefit from services are only available to those individuals who a disability to participate in pre-employment meet the definition of a ‘‘student with a disability’’ transition services under section 113 of the pre-employment transition services in at section 7(37) of the Rehabilitation Act and 34 Rehabilitation Act. accordance with an approved IPE. With CFR 361.5(c)(51).

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students have identified their career provide young people with disabilities same flexibility. Section 103(a) of the interests, have further developed and with the opportunity to develop their Rehabilitation Act makes clear that all pursued their career interests through skills and to use supports, available VR services provided under that section postsecondary education and vocational through State VR programs to are provided under an approved IPE training offered through transition experience competitive integrated that is developed when an individual services, and are pursuing specific employment as they leave school and with a disability has applied and been employment outcomes. Employment- enter the workforce.’’ The intent of determined eligible for the VR program related services are identified in section Congress makes clear that the in accordance with section 102 of the 103(a) of the Rehabilitation Act and 34 ‘‘framework’’ for VR services includes Rehabilitation Act (see also 34 CFR CFR 361.48(b) and are intended to assist pre-employment transition services for 361.42 and 361.48(b)). the eligible individual with a disability all students with disabilities and other Section 102(b)(4)(A) of the in preparing for, securing, retaining, services and supports for eligible Rehabilitation Act and 34 CFR advancing in, or regaining an students with disabilities with an 361.46(a)(1) make clear that the IPE for employment outcome that is consistent approved IPE to develop their skills and a student with a disability need only with the individual’s unique strengths, experience success when they enter the contain a ‘‘description of the student’s resources, priorities, concerns, abilities, workforce. projected postschool employment capabilities, interests, and informed Section 110(d)(1) of the Rehabilitation outcome,’’ as opposed to a description choice. Act and 34 CFR 361.65(a)(3)(i) require of a specific employment outcome. While a continuum of services across each State to reserve at least 15 percent Despite this flexibility available to pre-employment transition services for of its Federal VR grant for the provision States, the Department has observed students with disabilities, and transition of pre-employment transition services to through monitoring that these IPEs for services and employment-related students with disabilities. With this students with disabilities are services for eligible individuals who statutory provision, coupled with the underutilized. Because DSUs can have IPEs, exists under the VR program, ‘‘Statement of the Managers to develop initial IPEs for eligible students the five required pre-employment Accompany the Workforce Innovation with disabilities that are more general in transition services are the only services and Opportunity Act,’’ the Department nature, DSUs are able to provide available to potentially eligible students interprets this requirement as meaning additional supports and services to with disabilities. that DSUs may use these reserved funds eligible students as necessary for In the preamble to the Department’s to pay for other VR services under students to benefit from pre- August 2016 regulations, the section 103(a) of the Rehabilitation Act employment transition services and Department made clear that the term and 34 CFR 361.48(b), in accordance activities and explore their career ‘‘potentially eligible’’ students with with an approved IPE, that are necessary interests and, subsequently, refine the disabilities, for purposes of receiving for an eligible student with a disability IPEs, through the amendment process pre-employment transition services, to participate in pre-employment under section 102(b)(3)(E) of the includes all students with disabilities transition services identified in section Rehabilitation Act and 34 CFR (81 FR 55630, 55631, and 55690–55691). 113(b) of the Rehabilitation Act. This 361.45(a)(6), to include a specific Students with disabilities do not need to means that, for eligible students with employment goal and the VR services apply and be determined eligible for the disabilities, DSUs may use the reserved necessary to achieve that goal, as VR program to receive pre-employment funds to pay for the pre-employment appropriate. Eligible students with transition services. However, these transition services and any other VR disabilities are able to access any other students may not receive any VR services necessary for the eligible VR services needed to participate in pre- services other than pre-employment student to benefit from those pre- employment transition services (as transition services until they apply, and employment transition services in discussed in more detail below) or other are determined eligible, for VR services, accordance with an approved IPE VR services that are unrelated to pre- and have an approved IPE (81 FR 55629 consistent with the requirements of employment transition services, none of at 55691). On the other hand, eligible section 103(a) of the Rehabilitation Act. which would be available to them students with disabilities, that is, those However, for those students with without approved IPEs. students who have applied and been disabilities who have not yet applied or This policy interpretation applies determined eligible for the VR program, been determined eligible for the VR only to those students with disabilities are able to receive any VR services, program (i.e., potentially eligible who have been determined eligible for including pre-employment transition students), the DSUs may use the services under the VR program and who services, necessary to assist them in reserved funds to pay only those costs have an approved IPE. We recognize achieving their employment outcome, incurred in providing the pre- that some eligible students with so long as those services are identified employment transition services disabilities may need certain VR on their IPEs in accordance with section identified in section 113 of the services under section 103(a) of the 103(a) of the Rehabilitation Act (81 FR Rehabilitation Act and 34 CFR Rehabilitation Act and 34 CFR 361.48(b) 55691). 361.48(a), as well as auxiliary aids and to fully benefit from pre-employment On , 2014, the Congress of the services needed to access or participate transition services under section 113(b) United States released ‘‘Statement of the in pre-employment transition services, and 34 CFR 361.48(a)(2). Receiving Managers to Accompany the Workforce as described in guidance issued by the other VR services and supports, along Innovation and Opportunity Act.’’ In its Department to date. with the pre-employment transition statement, Congress made clear that the Although section 113 of the services, enables eligible students with title IV ‘‘. . . amendments established a Rehabilitation Act is unique in that it a disability to develop the skills to framework to ensure every young permits VR agencies to provide pre- experience competitive, integrated person with a disability, regardless of employment transition services to employment as they leave school and their level of disability, has the students with disabilities who have not enter the workforce. Therefore, the opportunity to experience competitive, yet been determined eligible for the VR Department believes that allowing the integrated employment. The pre- program, section 103(a) of the funds reserved under section 110(d)(1) employment transition services will Rehabilitation Act does not contain the and 34 CFR 361.65(a)(3)(i) to be used to

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pay for other VR services needed by employment transition services and, for additional services in section 103(a) eligible students with disabilities who thus, this interpretation, DSUs may still of the Rehabilitation Act and 34 CFR have IPEs to benefit from pre- provide those services in accordance 361.48(b), consistent with both the employment transition services is with the terms of the approved IPE. statutory purpose for these reserved consistent with the ‘‘Statement of the However, DSUs must provide those funds and fiscal requirements of the Managers to Accompany the Workforce additional VR services with other VR Uniform Guidance, provide DSUs with Innovation and Opportunity Act’’ and funds that were not reserved under significantly greater flexibility in with the statutory purpose for the section 110(d)(1) of the Rehabilitation delivering pre-employment transition reservation of these funds. Act and 34 CFR 361.65(a)(3)(i). services to eligible students with This interpretation regarding the use In an effort to explain the application disabilities than has been allowed under of the reserved funds for certain other of this interpretation to the services Department guidance issued to date, VR services that are necessary for an outlined in section 103(a) of the thereby increasing the availability of eligible student with a disability to Rehabilitation Act and 34 CFR pre-employment transition services to benefit from pre-employment transition 361.48(b), we discuss each of those VR these students. services also is consistent with the services in light of whether they are To the extent that a portion of the Office of Management and Budget’s within the nature, scope, and purpose of costs incurred for the additional VR Uniform Administrative Requirements, any of the pre-employment transition services fall outside the nature, scope, Cost Principles, and Audit services available under section 113(b) and purpose of pre-employment Requirements for Federal Awards and 34 CFR 361.48(a)(2) (i.e., are transition services, DSUs must pay that (Uniform Guidance), codified at 2 CFR necessary, reasonable, and allocable) portion with other VR program funds. part 200. Specifically, 2 CFR 200.403(a) and, thus, may be paid with the funds Assessment Services requires that costs paid from a Federal reserved under section 110(d)(1) of the award must be allowable, meaning that Rehabilitation Act and 34 CFR Section 103(a)(1) and 34 CFR they must be necessary, reasonable, and 361.65(a)(3)(i) if needed by an eligible 361.48(b)(2) permit DSUs to provide allocable to the award. Costs are student with a disability to benefit from assessment services to eligible reasonable if, in their nature and pre-employment transition services. In individuals to determine VR needs. amount, they do not exceed that which so doing, we also explain that certain These services are generally provided in would be incurred by a prudent person VR services outlined in section 103(a) of the very early stages of the VR process under the circumstances that existed at the Rehabilitation Act and 34 CFR with an eligible individual with a the time the decision was made to incur 361.48(b) fall outside the nature, scope, disability and, thus, are consistent with the cost (2 CFR 200.404). A cost is and purpose of pre-employment the nature, scope, and purpose of pre- allocable to a Federal cost objective if transition services and, thus, those employment transition services. As the services are assignable to that cost services are not reasonable or necessary stated in the preamble to the August objective in accordance with relative for an eligible student with a disability 2016 regulations (81 FR at 55685), VR benefits received (2 CFR 200.405(a)). to benefit from pre-employment services are provided on a continuum, These fiscal requirements not only transition services under section 113(b) with pre-employment transition services apply to costs incurred under the VR of the Rehabilitation Act and 34 CFR being the earliest set of services grant as a whole, but also to those costs 361.48(a)(2). Therefore, the costs for available for students with disabilities. incurred with the funds reserved under such services are not allocable to the Given that the purpose of assessment section 110(d)(1) of the Rehabilitation provision of pre-employment transition services under section 103(a)(1) and 34 Act and 34 CFR 361.65(a)(3)(i). In other services and may not be paid with the CFR 361.48(b)(2) is to determine the VR words, costs incurred with these funds reserved under section 110(d)(1) needs of individuals with disabilities, it reserved funds must be— and 34 CFR 361.65(a)(3)(i) for that is reasonable that an eligible student with a disability would need further • Necessary for the provision or receipt of purpose. Nothing in this interpretation pre-employment transition services; affects the DSU’s responsibility to assessment services while engaging in • Reasonable, that is, those that a prudent search for comparable services and any of the pre-employment transition person would agree are necessary for the benefits, when required by section services set forth at section 113(b) and provision or receipt of pre-employment 101(a)(8) of the Rehabilitation Act and 34 CFR 361.48(a)(2) to fully benefit from transition services; and 34 CFR 361.53, before providing any of those activities. • Allocable, that is, those that benefit the the VR services discussed herein. Counseling and Guidance provision or receipt of pre-employment Through this interpretation, the transition services. following VR services in section 103(a) Section 103(a)(2) and 34 CFR Under the Department’s of the Rehabilitation Act and 34 CFR 361.48(b)(3) permit DSUs to provide interpretation, the reserved funds may 361.48(b) fall within the nature, scope, counseling and guidance services to be used for costs associated with and purpose of pre-employment eligible individuals throughout the VR providing certain VR services to eligible transition services when needed by an process. These services are directly students with disabilities, in accordance eligible student with a disability, in connected with the nature, scope, and with approved IPEs, who need those accordance with an approved IPE, to purpose of two pre-employment services to benefit from pre-employment benefit from one or more of the pre- transition services, specifically job transition services, as well as the costs employment transition services exploration counseling (section associated with the pre-employment described in section 113(b) of the 113(b)(1) and 34 CFR 361.48(a)(2)(i)) transition services themselves. As such, Rehabilitation Act and 34 CFR and counseling on opportunities for these costs would be reasonable, 361.48(a)(2). As such, costs incurred in enrollment in comprehensive transition necessary, and allocable to the funds providing these other VR services are and other postsecondary education reserved under section 110(d)(1) of the allocable to the funds reserved under programs at institutions of higher Rehabilitation Act and 34 CFR section 110(d)(1) of the Rehabilitation education (section 113(b)(3) and 34 CFR 361.65(a)(3)(i). If eligible students with Act and 34 CFR 361.65(a)(3)(i). As 361.48(a)(2)(iii)). Given that counseling disabilities need additional VR services discussed here, the examples of when and guidance services are specifically that are not within the scope of pre- DSUs may use the reserved funds to pay listed among the pre-employment

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transition services at section 113(b) and clothing for a work-based learning sessions under section 113(b)(5) and 34 34 CFR 361.48(a)(2), these services experience under section 113(b)(2) and CFR 361.48(a)(2)(v)). It is also clearly fall within the nature, scope, and 34 CFR 361.48(a)(2)(ii) or the purchase reasonable that an eligible student with purpose of pre-employment transition of a talking alarm clock to participate in a disability could need transportation to services. Therefore, it is reasonable that workplace readiness training under participate in workplace readiness an eligible student with a disability section 113(b)(4) and 34 CFR training under section 113(b)(4) and 34 could need these services in order to 361.48(a)(2)(iv)). Therefore, to the extent CFR 361.48(a)(2)(iv) to learn how to benefit from pre-employment transition an eligible student with a disability travel independently in preparation for services activities. needs maintenance, in accordance with eventual employment. As such, to the an approved IPE, to benefit from pre- extent an eligible student with a Referral Services employment transition services, then disability needs transportation services Section 103(a)(3) and 34 CFR such maintenance services fall within in accordance with an approved IPE to 361.48(b)(4) permit DSUs to provide the nature, scope, and purpose of pre- participate in any of the pre- referral services to eligible individuals employment transition services. employment transition services, the with disabilities to secure needed However, we clarify that it is not transportation services clearly fall services from other agencies throughout reasonable to provide maintenance within the nature, scope, and purpose of the VR process. While these services are services to all eligible students with those pre-employment transition not directly connected to any particular disabilities in all circumstances with the services. We clarify that it is not pre-employment transition services use of the reserved funds under this reasonable to provide all types of activity described in section 113(b) and interpretation. DSUs must ensure the transportation services to all eligible 34 CFR 361.48(a)(2), section 113(a) of costs incurred for maintenance are students with disabilities with the use the Rehabilitation Act and 34 CFR allocable to the pre-employment of the reserved funds under this 361.48(a) make clear that the VR agency transition services that the eligible interpretation. As with the maintenance must provide, or arrange for the student with a disability is receiving, as services described earlier, DSUs must provision of, pre-employment transition opposed to other VR services that the ensure the costs incurred for services to students with disabilities in student may be receiving transportation services are allocable to need of such services. The simultaneously. For example, if the DSU the pre-employment transition services Rehabilitation Act clearly envisioned agreed to pay for the fee for the eligible that the eligible student with a disability circumstances in which the DSU itself student to take a college entrance test is receiving, as opposed to other VR would not be able to provide the pre- preparatory course, this VR service services that the eligible student may be employment transition services and would be beyond the nature, scope, and receiving simultaneously. For example, would need to reach agreements with purpose of all of the pre-employment if the DSU agreed to pay for a vehicle other entities to provide those services. transition services described in section modification to make it more accessible As such, it is reasonable that an eligible 113(b) and 34 CFR 361.48(a)(2) and, as for the eligible student with a disability student with a disability could need a such, would not be allocable to those while participating in pre-employment referral in order to participate in one or services. In this example, the DSU must transition services and other VR more of the pre-employment transition pay the costs incurred for maintenance counseling services, as well as a dual services set forth in section 113(b) of the with other VR program funds, not the enrollment program under the Rehabilitation Act and 34 CFR funds reserved under section 110(d)(1) Individuals with Disabilities Education 361.48(a)(2). In this circumstance, the and 34 CFR 361.65(a)(3)(i) for the Act, the DSU must determine whether a referral services under section 103(a)(3) provision of pre-employment transition prudent person would agree that the and 34 CFR 361.48(b)(4) for that eligible services. cost for the vehicle modification is student with a disability would fall reasonable as a cost associated with the Transportation squarely within the nature, scope, and pre-employment transition services the purpose of pre-employment transition Section 103(a)(8) and 34 CFR student is receiving and, if so, to what services. 361.48(b)(8) permit DSUs to provide extent the cost is allocable to the pre- transportation services, including Maintenance employment transition services activity. training in the use of public To make this determination, the DSU Section 103(a)(7) and 34 CFR transportation, to eligible individuals should take into account the duration of 361.48(b)(7) permit DSUs to provide with disabilities throughout the VR the pre-employment transition services maintenance to eligible individuals with process. As with the maintenance that the eligible student with a disability disabilities to cover additional costs services just described, DSUs must is participating in to determine whether, incurred while receiving VR services. provide transportation services only in or to what extent, the transportation cost DSUs may provide maintenance to combination with another VR service, in this circumstance would be allocable eligible individuals with disabilities such as pre-employment transition to the funds reserved under section throughout the VR process, including services. It is reasonable that an eligible 110(d)(1) and 34 CFR 361.65(a)(3)(i) or during the early stages in the continuum student with a disability who is whether this cost more appropriately of VR services. Maintenance is unique participating in pre-employment should be paid with other VR program from most other VR services listed in transition services could need funds. section 103(a) and 34 CFR 361.48(b) transportation services to benefit from because it must be provided in any of the pre-employment transition Personal Assistance Services combination with another VR service, services described in section 113(b) of Section 103(a)(9) and 34 CFR such as pre-employment transition the Rehabilitation Act and 34 CFR 361.48(b)(14) permit DSUs to provide services. It is reasonable that an eligible 361.48(a)(2) (e.g., to attend counseling personal assistance services to eligible student with a disability who is sessions under section 113(b)(1) and (3) individuals with disabilities when participating in pre-employment and 34 CFR 361.48(a)(2)(i) and (iii), needed to participate in another VR transition services could incur work-based learning experiences under service. As with maintenance and additional costs to participate in those section 113(b)(2) and 34 CFR transportation services just described, services (e.g., purchase of required 361.48(a)(2)(ii), or self-advocacy training DSUs may provide personal assistance

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services only in combination with Rehabilitation Technology discuss transition services separately in another VR service, such as pre- Section 103(a)(14) and 34 CFR a later section. This discussion focuses employment transition services. It is 361.48(b)(17) permit DSUs to provide solely on the pre-employment transition reasonable that an eligible student with eligible individuals with disabilities services available under section a disability, particularly a student with rehabilitation technology throughout the 103(a)(15) and 34 CFR 361.48(b)(18). As a significant disability, who is VR process when needed and identified with the orientation and mobility participating in pre-employment on an approved IPE. It is reasonable that services discussed above, these pre- transition services could need personal an eligible student with a disability, employment transition services are at assistance services in order to especially a student with a significant the core of the nature, scope, and participate in those services (e.g., disability, could need rehabilitation purpose of the pre-employment transition services provided under personal assistance services during a technology to benefit from pre- section 113(b) of the Rehabilitation Act work-based learning experience under employment transition services, and 34 CFR 361.48(a)(2). Therefore, it is section 113(b)(2) and 34 CFR particularly those involving work-based reasonable and allocable to pre- 361.48(a)(2)(ii)). Therefore, to the extent learning experiences under section employment transition services an eligible student with a disability 113(b)(2) and 34 CFR 361.48(a)(2)(ii), activities for a DSU to use funds needs personal assistance services, in workplace readiness training under reserved under section 110(d)(1) of the accordance with an approved IPE, to section 113(b)(4) and 34 CFR Rehabilitation Act and 34 CFR participate in pre-employment 361.48(a)(2)(iv), and self-advocacy 361.65(a)(3)(i) to pay for these services training under section 113(b)(5) and 34 transition services, such personal in the event an eligible student with a assistance services fall within the CFR 361.48(a)(2)(v). For example, an disability needs them, in accordance nature, scope, and purpose of pre- eligible student with a disability may with an approved IPE, to participate in employment transition services. We need an electronic device (that does not pre-employment transition services clarify that, as with the maintenance constitute an auxiliary aid or service as under section 113(b) and 34 CFR and transportation services just discussed elsewhere in this notice of 361.48(a)(2). described, only those personal interpretation) to participate in one of assistance services identified in an IPE the pre-employment transition services Family Services directly related to the eligible student training activities. In other words, Section 103(a)(19) and 34 CFR with a disability’s participation in pre- without the rehabilitation technology, 361.48(b)(9) permit the DSU to provide employment transition services are the eligible student with a disability services to family members of an allocable and, thus, could be paid with might not be able to participate in the eligible individual with a disability the reserved funds. DSUs must pay for pre-employment transition services when these services are necessary for all other personal assistance services activity. Under this circumstance, the the eligible individual to achieve an needed by the eligible student with rehabilitation technology falls within employment outcome. As with certain other VR program funds. the nature, scope, and purpose of pre- other services (i.e., maintenance, employment transition services under transportation, and personal assistance Rehabilitation Teaching & Orientation section 113(b) of the Rehabilitation Act services), services to the family, by their and Mobility Services and 34 CFR 361.48(a)(2) and, thus, is very nature, must be provided in allocable to those services. However, combination with another VR service, Section 103(a)(11) and 34 CFR DSUs must ensure that the costs such as pre-employment transition 361.48(b)(11) permit DSUs to provide incurred for the rehabilitation services. Given that pre-employment rehabilitation teaching services and technology are needed by the eligible transition services represent the earliest orientation and mobility services to student with a disability to participate set of services available to students with eligible individuals who are blind. in pre-employment transition services, disabilities under the VR program, it is These services, particularly the as opposed to other VR services the reasonable that a family member could orientation and mobility services, also eligible student might be participating need services to enable the eligible are offered as pre-employment in simultaneously. Pursuant to 2 CFR student with a disability to benefit from transition services, namely ‘‘workplace 200.403 through 200.405, the DSUs may pre-employment transition services. For readiness’’ training under section use the funds reserved under section example, the parent or guardian may 113(b)(4) of the Rehabilitation Act and 110(d)(1) of the Rehabilitation Act and need transportation services to 34 CFR 361.48(a)(2). Therefore, it is 34 CFR 361.65(a)(3)(i) to pay for the accompany the eligible student with a reasonable and allocable to pre- costs of rehabilitation technology that is disability to his or her pre-employment employment transition services reasonably allocable to the pre- transition services activities or the activities for a DSU to use funds employment transition services parent or guardian may need language reserved under section 110(d)(1) of the activities of the eligible student with a interpreter services in order to Rehabilitation Act and 34 CFR disability. The DSU must use other VR understand consent forms that he or she 361.65(a)(3)(i) to pay for these services funds to pay for the portion of the cost, might need to sign on behalf of the in the event an eligible student with a or the entire cost if applicable, that is underage eligible student with a disability needs them, in accordance not allocable to the pre-employment disability participating in pre- with an approved IPE, to benefit from transition services activities. employment transition services. In such pre-employment transition services. circumstances, the services to family Because these services actually Pre-Employment Transition Services members clearly fall within the nature, constitute workplace readiness training Under Section 103(a) scope, and purpose of the pre- under section 113(b)(4) and 34 CFR Section 103(a)(15) and 34 CFR employment transition services 361.48(a)(2)(iv), the services under 361.48(b)(18) permit DSUs to provide provided under section 113(b) of the section 103(a)(11) and 34 CFR transition services, including pre- Rehabilitation Act and 34 CFR 361.48(b)(11) clearly fall within the employment transition services, to 361.48(a)(2), thereby making the costs scope, nature, and purpose of pre- eligible students with disabilities. For incurred for such services allocable to employment transition services. purposes of this interpretation, we pre-employment transition services.

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Coaching Services services could be allocable to pre- student with a disability could need a Finally, with respect to those services employment transition services under book, tool, or other training material to in section 103(a) of the Rehabilitation the right set of facts; therefore, in these participate in pre-employment Act that fall within the nature, scope, circumstances, DSUs may pay these transition services, specifically a work- and purpose of pre-employment costs with the funds reserved under based learning experience under section transition services described in section section 110(d)(1) of the Rehabilitation 113(b)(2) and 34 CFR 361.48(a)(2)(ii). 113(b) and 34 CFR 361.48(a)(2), the Act and 34 CFR 361.65(a)(3)(i). While a DSU could use section 103(a)(7) Secretary notes that section 103(a) is not However, most aspects of the following of the Rehabilitation Act and 34 CFR an exhaustive list of services (34 CFR services fall outside the nature, scope, 361.48(b)(7) as the authority to pay for 361.48(b)(21)). DSUs may provide any and purpose of pre-employment the book, tool, or training material since transition services and, thus, are not service that an eligible individual needs it would be an additional cost incurred allocable to those services. In those to achieve an employment outcome in as a result of the participation in the more common circumstances, DSUs accordance with an approved IPE. In the pre-employment transition services, the may not use funds reserved under context of pre-employment transition DSU also could use the authority of section 110(d)(1) and 34 CFR services, one such service is coaching section 103(a)(5) and 34 CFR 361.65(a)(3)(i) to pay for those costs. services for eligible students with 361.48(b)(6) to pay the costs of the disabilities participating in work-based Vocational and Other Training Services service. To the extent the book, tool, or learning experiences under section Section 103(a)(5) and 34 CFR training material is necessary for the 113(b)(2) and 34 CFR 361.48(a)(2)(ii). 361.48(b)(6) permit DSUs to provide eligible student with a disability to These coaches perform similar functions vocational and other training services, participate in the work-based learning as job coaches do in supported including books, tools, and other experience under section 113(b)(2) and employment settings by assisting the training materials, for eligible 34 CFR 361.48(a)(2)(ii), such service and eligible student with a disability to individuals in accordance with an associated cost would be allocable to perform the tasks assigned during the approved IPE. This provision also pre-employment transition services. work-based learning experiences. While permits DSUs to pay for postsecondary Advanced Training these particular coaching services are education tuition, so long as maximum not specifically listed in section 103(a), efforts have been made to obtain grant Section 103(a)(18) and 34 CFR they would be considered allowable VR assistance. Before discussing these 361.48(b)(6) permit DSUs to encourage services under section 103(a) and 34 services, the Secretary notes that pre- eligible individuals to pursue advance CFR 361.48(b)(21) if needed by an employment transition services are training in the fields of science, eligible student with a disability, in intended to be an early set of technology, engineering, or mathematics accordance with an approved IPE, to exploration services for students with (including computer science), law, participate in pre-employment disabilities that are ‘‘designed to help medicine, or business. To the extent that transition services. Given that pre- students with disabilities to begin to a VR counselor or other provider of pre- employment transition services are identify career interests that will be employment transition services among the earliest sets of services further explored through additional discusses these postsecondary options available to students with disabilities, it [VR] services, such as transition while discussing all opportunities for is reasonable to expect that these services. Following the continuum, enrollment in comprehensive transition eligible students may need extra transition services represent the next set and other postsecondary education assistance through coaching services to of [VR] services available to students programs at institutions of higher participate in these activities. In such with disabilities. They are outcome- education under section 113(b)(3) and circumstances, these coaching services oriented and promote movement from 34 CFR 361.48(a)(2)(iii), the service clearly fall within the nature, scope, and school to post-school activities, purpose of pre-employment transition including postsecondary education, under section 103(a)(18) and 34 CFR services, particularly work-based vocational training, and competitive 361.48(b)(6) is squarely within the learning experiences under section integrated employment. As such, nature, scope, and purpose of pre- 113(b)(2) and 34 CFR 361.48(a)(2)(ii), transition services may include job- employment transition services. As and, thus, would be allocable to those related services, such as job search and such, the service is allocable to pre- services. placement assistance, job retention employment transition services and services, follow-up services, and follow- could be paid for with funds reserved Allocability of Certain Portions of VR along services based on the needs of the for that purpose. However, to the extent Services individual’’ (81 FR at 55685). Given the that the DSU encourages the advanced Next, the Secretary believes that the clear nature, scope, and purpose of pre- training under section 103(a)(18) by following VR services, set forth in employment transition services as a paying tuition at a postsecondary section 103(a) and 34 CFR 361.48(b), very early set of career interest and institution, such service is outside the have aspects of those services that fall exploration services for students with nature, scope, and purpose of pre- within the nature, scope, and purpose of disabilities, the services available under employment transition services and, pre-employment transition services section 103(a)(5) and 34 CFR thus, is not allocable to those services. when needed by an eligible student 361.48(b)(6) are predominately outside Once the eligible student has identified with a disability, in accordance with an that scope. In fact, most of the services this career path and started approved IPE, to benefit from one or fit squarely within the vocational postsecondary education, the service is more of the pre-employment transition training purpose of transition services one that enables the individual to services described in section 113(b) of for those individuals transitioning from transition from school to a specific the Rehabilitation Act and 34 CFR school to a specific employment employment outcome, as described at 361.48(a)(2). In the narrow outcome, as described by the 81 FR at 55685, not simply to explore circumstances described in this notice Department at 81 FR at 55685 and, thus, career interests through pre- of interpretation, costs incurred for are not allocable to pre-employment employment transition services certain portions of the following transition services. However, an eligible activities.

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VR Services Not Allocable to Pre- 361.48(a)(2). While it is possible that an Although the Department understands Employment Transition Services eligible student with a disability could that pre-employment transition services Lastly, the Secretary believes that the need such a service, it is not reasonable are available for all students with following VR services, set forth in to believe that the need was tied solely disabilities, not just those determined section 103(a) and 34 CFR 361.48(b), are to the student’s participation in pre- eligible for the VR program, this employment transition services. Rather, interpretation permitting the use of the not allocable to pre-employment it is most likely that the need is more reserved funds for certain VR services transition services in section 113(b) of general and associated with the eligible other than pre-employment transition the Rehabilitation Act and 34 CFR student with a disability’s VR program services is applicable only to those 361.48(a)(2) because they are beyond the as a whole, but not limited to the pre- students with disabilities who are nature, scope, and purpose of those employment transition services. As receiving pre-employment transition services. As such, these services are not such, the service is not allocable to pre- services, who have been determined allocable to pre-employment transition employment transition services and eligible for the VR program, and who services, meaning that DSUs may not DSUs must pay for the service with have an approved IPE. Under this use funds reserved under section other VR program funds. interpretation, DSUs may use the funds 110(d)(1) and 34 CFR 361.65(a)(3)(i) to reserved under section 110(d)(1) of the Employment-Related Services pay for those costs even if provided to Rehabilitation Act and 34 CFR eligible students with disabilities who Sections 103(a)(12), (13), (16), (17), 361.65(a)(3)(i) to pay for those pre- are also participating in pre- and (20) permit the DSU to provide employment transition services needed employment transition services. various employment-related services to by eligible students with disabilities in Transition Related Services eligible individuals (see also 34 CFR accordance with an approved IPE, plus 361.48(b)(13), (15), (16), (19), and (20)). any other VR service needed by eligible Sections 103(a)(4), (5), (15), and (18) These services are next in the students to benefit from pre- permit DSUs to provide eligible continuum of services, once eligible employment transition services. With individuals with a variety of transition- students have identified their career respect to those students with related services in accordance with an interests through pre-employment disabilities who have not yet been approved IPE (see also 34 CFR transition services and further determined eligible for the VR program 361.48(b)(6) and (12)). As discussed developed and pursued them through (i.e., potentially eligible students with earlier, pre-employment transition postsecondary education and vocational disabilities), DSUs may use the funds services represent the earliest set of training offered through transition reserved under section 110(d)(1) of the services available for students with services that assist them in transitioning Rehabilitation Act and 34 CFR disabilities. These are short-term from school to specific employment 361.65(a)(3)(i) only to pay for those pre- services designed to help students outcomes. These employment-related employment transition services set forth identify career interests. In contrast, services are well beyond the continuum in section 113 and 34 CFR 361.48(a), as transition services represent the next set of services available as pre-employment well as for auxiliary aids and services of services on the continuum of VR transition services and are directly tied needed by those students to access or services to eligible individuals. During to specific occupations. For this reason, participate in pre-employment the receipt of transition services, eligible these services are beyond the nature, transition services, as described in students with disabilities further scope, and purpose of pre-employment Department guidance issued to date. develop and pursue their career transition services described in section The Secretary believes this interests with postsecondary education, 113(b) and 34 CFR 361.48(a)(2). Thus, interpretation is consistent with the vocational training, job search, job they are not allocable to those services. ‘‘Statement of the Managers to placement, job retention, job follow-up, DSUs must use other VR program funds Accompany the Workforce Innovation and job follow-along services. By their to pay the costs associated with and Opportunity Act,’’ the statutory very nature, transition-related services providing these services. purpose for the reservation of these are beyond the nature, scope, and Conclusion Federal VR funds, and the fiscal purpose of pre-employment transition requirements of OMB’s Uniform services set forth at section 113(b) and Through this notice of interpretation, Guidance. 34 CFR 361.48(a)(2). For this reason, the Secretary clarifies that DSUs may Accessible Format: Individuals with these services, with narrow exceptions use VR funds reserved under section disabilities can obtain this document in described previously, are not allocable 110(d)(1) of the Rehabilitation Act and an accessible format (e.g., braille, large to pre-employment transition services. 34 CFR 361.65(a)(3)(i) to pay for print, audiotape, or compact disc) on As such, DSUs may not use funds auxiliary aids and services needed by all request to the program contact person reserved under section 110(d)(1) and 34 students with disabilities (i.e., both listed under FOR FURTHER INFORMATION CFR 361.65(a)(3)(i) to pay for these eligible and potentially eligible students CONTACT. costs. Rather, they must use other VR with disabilities) who have sensory and Electronic Access to This Document: program funds to pay these costs. communicative disorders to access or The official version of this document is participate in pre-employment the document published in the Federal Medical Services transition services. In addition, the Register. You may access the official Section 103(a)(6) and 34 CFR Secretary explains that DSUs may use edition of the Federal Register and the 361.48(b)(5) permit DSUs to provide the reserved funds to pay for pre- Code of Federal Regulations at certain medical services to eligible employment transition services needed www.govinfo.gov. At this site you can individuals, in accordance with an by eligible students with disabilities and view this document, as well as all other approved IPE, under certain certain other VR services in section documents of this Department circumstances. Medical services are 103(a) of the Rehabilitation Act and 34 published in the Federal Register, in beyond the nature, scope, and purpose CFR 361.48(b) needed by those eligible text or portable document format (PDF). of all the pre-employment transition students to benefit from pre- To use PDF you must have Adobe services described in section 113(b) of employment transition services in Acrobat Reader, which is available free the Rehabilitation Act and 34 CFR accordance with an approved IPE. at the site.

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You may also access documents of the FR 57833. The rates and terms in the 380.30 Definitions. Department published in the Federal proposed rule were the subject of a 380.31 Royalty fees for the public Register by using the article search settlement among SoundExchange, Inc. performance of sound recordings and for feature at: www.federalregister.gov. (‘‘SoundExchange’’), National Public ephemeral recordings. Radio, Inc. (‘‘NPR’’), and the 380.32 Terms for making payment of Specifically, through the advanced royalty fees and statements of account. search feature at this site, you can limit Corporation for Public Broadcasting your search to documents published by (‘‘CPB’’) (together, the ‘‘Settling Subpart D—Public Broadcasters the Department. Parties’’) of their interests related to Web V 1 royalty rates and terms for § 380.30 Definitions. Mark Schultz, certain internet transmissions by public For purposes of this subpart, the Delegated the authority to perform the broadcasters, NPR, American Public following definitions apply: functions and duties of the Assistant Media, Public Radio International, Authorized website is any website Secretary for the Office of Special Education and Rehabilitative Services. Public Radio Exchange, and certain operated by or on behalf of any Public other unnamed public radio stations for Broadcaster that is accessed by website [FR Doc. 2020–03208 Filed 2–27–20; 8:45 am] the period from 1, 2021, Users through a Uniform Resource BILLING CODE 4000–01–P through , 2025. Joint Locator (‘‘URL’’) owned by such Public Motion to Adopt Partial Settlement, Broadcaster and through which website Docket No. 19–CRB–0005–WR (2021– Performances are made by such Public LIBRARY OF CONGRESS 2025) (‘‘Web V’’). The Judges received Broadcaster. no comments on the proposed rule. CPB is the Corporation for Public Copyright Royalty Board The Judges ‘‘may decline to adopt the Broadcasting. agreement as a basis for statutory terms Music ATH is aggregate tuning hours 37 CFR Part 380 and rates for participants that are not of website Performances of sound [Docket No. 19–CRB–0005–WR (2021–2025) parties to the agreement,’’ only ‘‘if any recordings of musical works. (Web V)] participant [in the proceeding] objects to NPR is National Public Radio, Inc. the agreement and the [Judges] Originating Public Radio Station is a Determination of Royalty Rates and conclude, based on the record before noncommercial terrestrial radio Terms for Ephemeral Recording and them if one exists, that the agreement broadcast station that— Digital Performance of Sound does not provide a reasonable basis for (1) Is licensed as such by the Federal Recordings (Web V) setting statutory terms or rates.’’ 17 Communications Commission; U.S.C. 801(b)(7)(A)(ii). Because no Web (2) Originates programming and is not AGENCY: Copyright Royalty Board, V participant has objected to the solely a repeater station; Library of Congress. settlement, and the Judges find no basis (3) Is a member or affiliate of NPR, ACTION: Final rule. in the record to conclude that the American Public Media, Public Radio settlement does not provide a International, or Public Radio Exchange, SUMMARY: The Copyright Royalty Judges reasonable basis for setting statutory a member of the National Federation of publish a final rule governing the rates terms and rates, the Judges adopt the Community Broadcasters, or another and terms for the digital performances terms and rates as proposed. public radio station that is qualified to of sound recordings by certain public receive funding from CPB pursuant to radio stations and for the making of List of Subjects in 37 CFR Part 380 its criteria; ephemeral recordings necessary to Copyright, Digital audio (4) Qualifies as a ‘‘noncommercial facilitate those transmissions for the transmissions, Performance right, Sound webcaster’’ under 17 U.S.C. period commencing , 2021, recordings. 114(f)(4)(E)(i); and and ending on December 31, 2025. (5) Either— Final Regulations DATES: Effective January 1, 2021. (i) Offers website Performances only ADDRESSES: Docket: For access to the For the reasons set forth in the as part of the mission that entitles it to docket to read submitted background preamble, the Copyright Royalty Judges be exempt from taxation under section documents go to eCRB, the Copyright amend 37 CFR part 380 as follows: 501 of the Internal Revenue Code of Royalty Board’s electronic filing and 1986 (26 U.S.C. 501); or PART 380—RATES AND TERMS FOR (ii) In the case of a governmental case management system, at https:// TRANSMISSIONS BY ELIGIBLE app.crb.gov/ and search for docket entity (including a Native American NONSUBSCRIPTION SERVICES AND Tribal governmental entity), is operated number 19–CRB–0005–WR (2021– NEW SUBSCRIPTION SERVICES AND 2025). exclusively for public purposes. FOR THE MAKING OF EPHEMERAL Person is a natural person, a FOR FURTHER INFORMATION CONTACT: REPRODUCTIONS TO FACILITATE corporation, a limited liability company, Anita Blaine, Program Specialist, by THOSE TRANSMISSIONS a partnership, a trust, a joint venture, telephone at (202) 707–0078 or email at ■ any governmental authority or any other [email protected]. 1. The authority citation for part 380 entity or organization. SUPPLEMENTARY INFORMATION: On continues to read as follows: Public Broadcasters are NPR, 29, 2019, the Copyright Royalty Authority: 17 U.S.C. 112(e), 114(f), American Public Media, Public Radio Judges (Judges) published a proposed 804(b)(3). International, and Public Radio rule governing the rates and terms for ■ 2. Revise subpart D to read as follows: Exchange, and up to 530 Originating the digital performances of sound Public Radio Stations as named by CPB. Subpart D—Public Broadcasters recordings by certain public radio CPB shall notify SoundExchange stations and for the making of Sec. annually of the eligible Originating ephemeral recordings necessary to Public Radio Stations to be considered 1 Web V is short for Webcasting V. This facilitate those transmissions for the proceeding is the fifth since Congress enacted the Public Broadcasters per this definition period commencing January 1, 2021, compulsory sound recording performance license (subject to the numerical limitations set and ending on December 31, 2025. 84 for webcasting. forth in this definition). The number of

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