Proposed Priority-Technical Assistance on State Data Collection-IDEA Fiscal Data Center, 24661-24666 [2014-10000]
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Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Proposed Rules
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(3) Vessel operators desiring to enter
or operate within the safety zones
described in paragraph (a) of this
section must contact the Captain of the
Port Buffalo or his on-scene
representative to obtain permission to
do so. The Captain of the Port Buffalo
or his on-scene representative may be
contacted via VHF Channel 16. Vessel
operators given permission to enter or
operate in a safety zone must comply
with all directions given to them by the
Captain of the Port Buffalo, or his onscene representative.
(d) Exemption. Public vessels, as
defined in paragraph (c) of this section,
are exempt from the requirements in
this section.
(e) Waiver. For any vessel, the Captain
of the Port Buffalo or his designated
representative may waive any of the
requirements of this section, upon
finding that operational conditions or
other circumstances are such that
application of this section is
unnecessary or impractical for the
purposes of public or environmental
safety.
(f) Notification. The Captain of the
Port Buffalo will notify the public that
the safety zones in this section are or
will be enforced by all appropriate
means to the affected segments of the
through publication in the Federal
Register as practicable, in accordance
with 33 CFR 165.7(a). Additionally, the
enforcement dates and times for each of
the safety zones listed above are subject
to change, though the duration of
enforcement would remain the same or
nearly the same total number of hours
as stated above. In either event, whether
the safety zones occur at the dates and
times as stated above, or whether the
date or time of a safety zone changes,
the Captain of the Port Buffalo will
similarly make such notification as
described in this paragraph (f). Such
means of further notification may also
include, but are not limited to Broadcast
Notice to Mariners or Local Notice to
Mariners. The Captain of the Port will
issue a Broadcast Notice to Mariners
notifying the public when enforcement
of the safety zone is cancelled.
Dated: March 12, 2014.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2014–09862 Filed 4–30–14; 8:45 am]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED–2014–OSERS–0061; CFDA
Number: 84.373F]
Proposed Priority—Technical
Assistance on State Data Collection—
IDEA Fiscal Data Center
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Proposed priority.
AGENCY:
The Assistant Secretary for
Special Education and Rehabilitative
Services proposes a funding priority
under the Technical Assistance (TA) on
State Data Collection program. The
Assistant Secretary may use this
proposed priority for competitions in
fiscal year (FY) 2014 and later years. We
take this action to focus attention on an
identified national need to provide TA
to improve the capacity of States to meet
the data collection requirements of the
Individuals with Disabilities Education
Act (IDEA).
DATES: We must receive your comments
on or before July 15, 2014.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments by fax or by email. Please
submit your comments only one time, in
order to ensure that we do not receive
duplicate copies. In addition, please
include the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘Are you new to the site?’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about these proposed
regulations, address them to Matthew
Schneer, U.S. Department of Education,
400 Maryland Avenue SW., room 4169,
Potomac Center Plaza, Washington, DC
20202–2600.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT:
Matthew Schneer. Telephone: (202)
SUMMARY:
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24661
245–6755 or by email:
Matthew.Schneer@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you
to submit comments regarding the
proposed priority in this notice. To
ensure that your comments have
maximum effect in developing the
notice of final priority, we urge you to
clearly identify the specific topic that
each comment addresses.
We invite you to assist us in
complying with the specific
requirements of Executive Orders 12866
and 13563 and their overall requirement
of reducing regulatory burden that
might result from this proposed priority.
Please let us know of any further ways
we could reduce potential costs or
increase potential benefits while
preserving the effective and efficient
administration of the program.
Assistance to Individuals With
Disabilities in Reviewing the
Rulemaking Record: On request, we will
provide an appropriate accommodation
or auxiliary aid to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for this notice. If you want to
schedule an appointment for this type of
accommodation or auxiliary aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Purpose of Program: The purpose of
the Technical Assistance on State Data
Collection program is to improve the
capacity of States to meet their IDEA
data collection and reporting
requirements under sections 616 and
618 of IDEA. Funding for the program
is authorized under section 611(c)(1) of
IDEA, which gives the Secretary the
authority to reserve funds appropriated
under Part B of IDEA to provide TA
activities authorized under section
616(i).1 Section 616(i) requires the
Secretary to review the data collection
and analysis capacity of States to ensure
that data and information determined
necessary for implementation of section
616 are collected, analyzed, and
accurately reported. It also requires the
Secretary to provide TA, where needed,
to improve the capacity of States to meet
the data collection requirements under
IDEA. The Consolidated Appropriations
Act of 2014 gives the Secretary the
authority to use FY 2014 funds reserved
under section 611(c) to assist the
1 All references to a statute in this priority are to
sections of IDEA unless otherwise noted.
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Secretary to administer and carry out
other services and activities to improve
data collection, coordination, quality,
and use under Parts B and C of IDEA
(Pub. L. 113–76).
Program Authority: 20 U.S.C. 1411(c),
1416(i), and 1418(c); Consolidated
Appropriations Act, 2014 (Pub. L. 113–76).
Applicable Program Regulations: 34
CFR 300.702.
Proposed Priority
This notice contains one proposed
priority. The priority is:
IDEA Fiscal Data Center
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Background
The purpose of this priority is to
establish a Fiscal IDEA Data Center
(Center) to provide States with TA for
meeting their fiscal data collection and
reporting obligations under IDEA.2
Within the past four years, the
Secretary has instituted two new fiscal
data collections that apply to State
educational agencies (SEAs) that
administer Part B of IDEA: (a) IDEA Part
B local educational agency (LEA)
Maintenance of Effort (MOE) Reduction
and Coordinated Early Intervening
Services (CEIS) [LEA MOE/CEIS] Data
Collection, added in Federal fiscal year
(FFY) 2009; and (b) Section V of the Part
B Annual Application under IDEA
(Section V), added in the FFY 2013
application. States may suffer
significant monetary consequences as a
result of noncompliance identified
through these data collections.
LEA MOE/CEIS Requirement
Pursuant to 34 CFR 300.203(a),
amounts provided to an LEA under Part
B of IDEA shall not be used, except as
provided in 34 CFR 300.204 and 205, to
reduce the level of expenditures for the
education of children with disabilities
made by the LEA below the level of
expenditures for the preceding fiscal
year. Pursuant to section 613(a)(2)(C)
and 34 CFR 300.205, in any fiscal year
for which the IDEA section 611 subgrant
received by an LEA exceeds the amount
the LEA received for the previous fiscal
year, and providing that the SEA has
determined that the LEA is meeting the
requirements of IDEA under section 616
and the SEA has not taken action
against the LEA under section 616, the
LEA may reduce the level of
2 For the purposes of this priority, IDEA fiscal
data refers specifically to two annual data
submissions authorized under section 618 of IDEA:
(a) Section V of the Annual State Application under
Part B of IDEA (Part B Annual Application); and (b)
the LEA MOE/CEIS Collection, which was formerly
referred to as the Report on Maintenance of Effort
Reduction and Coordinated Early Intervening
Services (Table 8).
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expenditures for the education of
children with disabilities by not more
than 50 percent of the amount of such
excess in the current year’s subgrant.
Section 613(a)(2)(C)(iv) provides that
the amount of funds expended by an
LEA for CEIS shall count toward the
maximum amount of expenditures for
the education of children with
disabilities that an LEA may reduce
under section 613(a)(2)(C). Consistent
with long-standing Department practice,
if an LEA fails to maintain its level of
expenditures for the education of
children with disabilities, the SEA is
liable in a recovery action under 20
U.S.C. 1234a to return to the
Department, from non-Federal funds or
funds for which accountability to the
Federal government is not required, an
amount equal to the amount by which
the LEA failed to maintain its level of
expenditures.
LEA MOE/CEIS Data Collection
Requirements and Calculations
In order to meet the data collection
requirement related to LEA MOE/CEIS,
States must report the following data for
all LEAs (including educational service
agencies): (a) Section 611 and section
619 allocation amounts; (b) The amount
by which the LEA reduced its level of
fiscal effort under 34 CFR 300.205 (LEA
MOE reduction); (c) For each LEA that
reserved funds for CEIS (required or
voluntary), the dollar amount that was
reserved; and (d) The number of
children receiving CEIS. In addition, the
SEA must provide the following
information: (a) The relevant LEA
determination under section 616; and
(b) Whether the LEA voluntarily
reserved funds for CEIS 3 or was
required to reserve funds for CEIS.4
States must collect valid and reliable
data on LEA MOE/CEIS from their LEAs
in order to report valid and reliable data
on LEA MOE/CEIS to the Department.
In order to determine the amount by
which an LEA reduced local, or State
3 Under section 613(f), LEAs may voluntarily
reserve not more than 15 percent of their IDEA
subgrants, less any amount reduced because the
LEA took the LEA MOE reduction in 34 CFR
300.205 to develop and implement CEIS for
students in kindergarten through grade 12 who have
not been identified as needing special education or
related services, but who need additional academic
and behavioral support to succeed in a general
education environment.
4 Under section 618(d)(2)(B), if a State identifies
significant disproportionality based on race or
ethnicity in an LEA with respect to the
identification of children as children with
disabilities, or the placement of children with
disabilities in particular educational settings, the
LEA must use the maximum amount (15 percent)
of funds allowable for CEIS to provide
comprehensive CEIS for children in the LEA,
particularly for children in those groups that were
significantly overidentified.
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and local, expenditures for the
education of children with disabilities
in the reporting year pursuant to 34 CFR
300.205, the LEA must determine: (a)
The amount of local, or State and local,
funds it expended in a prior year, as
well as the amount expended in the
reporting year; (b) What portion of the
reduction of these expenditures, if any,
taken in the reporting year is
attributable to the LEA MOE exceptions
in 34 CFR 300.204; 5 and (c) The portion
that is attributable to the LEA MOE
adjustment provision in 34 CFR
300.205.
The following is an example of the
information needed to accurately report
the amount by which an LEA reduced
its expenditures of State and local funds
for the education of children with
disabilities pursuant to 34 CFR 300.205.
This example assumes that the LEA
calculates MOE based on State and local
funds, not just local funds, and the
reporting year is school year (SY) 2012–
2013. In this example, the LEA must
make the following calculations in order
to report accurate LEA MOE/CEIS data:
(a) The amount of State and local
funds expended for the education of
children with disabilities in SY 2011–
2012;
(b) The amount of State and local
funds expended for the education of
children with disabilities in SY 2012–
2013;
(c) The amount of the reduction, if
any, in State and local funds expended
for the education of children with
disabilities between SY 2011–2012 and
SY 2012–2013;
(d) The amount of that reduction, if
any, in SY 2012–2013 that is
attributable to the exceptions permitted
in 34 CFR 300.204; and
5 Under section 613(a)(2)(B) and 34 CFR 300.204,
an LEA may reduce the level of expenditures for the
education of children with disabilities below the
level of those expenditures for the preceding fiscal
year if the reduction is attributable to any of the
following:
(a) The voluntary departure, by retirement or
otherwise, or departure for just cause, of special
education or related services personnel.
(b) A decrease in the enrollment of children with
disabilities.
(c) The termination of the obligation of the
agency, consistent with Part B of the IDEA, to
provide a program of special education to a
particular child with a disability that is an
exceptionally costly program, as determined by the
SEA, because the child—
(1) Has left the jurisdiction of the agency;
(2) Has reached the age at which the obligation
of the agency to provide FAPE to the child has
terminated; or
(3) No longer needs the program of special
education.
(d) The termination of costly expenditures for
long-term purchases, such as the acquisition of
equipment or the construction of school facilities.
(e) The assumption of cost by the high cost fund
operated by the SEA under 34 CFR 300.704(c).
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(e) If the LEA met requirements and
had an increase in its FFY 2012 section
611 allocation, the amount of that
reduction, if any, in SY 2012–2013 that
is attributable to the MOE adjustment
provision in 34 CFR 300.205.
LEA MOE/CEIS Data Quality Issues
Based on the Office of Special
Education Programs’ (OSEP’s) review of
the LEA MOE/CEIS data submitted for
FFYs 2009 and 2010, OSEP determined
that a significant number of States
initially reported data that were not
valid and reliable. For example, many
States initially reported data indicating
that their LEAs: 6
(a) Decreased expenditures of nonFederal funds for the education of
children with disabilities, pursuant to
34 CFR 300.205, even though they did
not have a determination of meets
requirements under section 616;
(b) Decreased expenditures of nonFederal funds for the education of
children with disabilities, pursuant to
34 CFR 300.205, by more than the
allowable reduction of 50 percent of the
increase of their IDEA section 611
subgrant; and
(c) Did not reserve 15 percent of their
Part B IDEA allocation for
comprehensive CEIS when required to
do so pursuant to 34 CFR 300.646.
In the process of providing TA to
States, OSEP found that some States
initially reported data that were not
valid and reliable because the States did
not fully understand the underlying
fiscal requirements and the calculations
necessary to meet the data collection
requirements related to LEA MOE/CEIS.
In addition, OSEP has identified
issues related to the quality of LEA
MOE/CEIS data through monitoring and
inquiries from States and LEAs. In a
recent audit, the Office of Inspector
General (OIG) also raised concerns
about the validity and reliability of the
LEA MOE/CEIS data.7 These
experiences demonstrate the continued
need to provide TA on LEA MOE/CEIS
data collection requirements in order to
ensure States submit valid and reliable
data that meet the data collection
requirements.
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State Maintenance of Financial Support
(MFS) Requirement
Pursuant to section 612(a)(18)(A) and
34 CFR 300.163(a), States must not
reduce the total amount of State
financial support made available for
special education and related services
6 This
is a partial list identified by OSEP.
7 Local Educational Agency Maintenance of Effort
Flexibility Due to Recovery Act IDEA, Part B Funds
(ED–OIG/L09L0011).
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for children with disabilities, or made
available because of the excess costs of
educating those children, below the
amount of that support for the preceding
fiscal year. This requirement is
applicable to State financial support
made available by a State through all of
its State agencies, and is not limited to
the support made available through the
SEA.8
Under section 612(a)(18)(B), the
statutory consequence for a State that
fails to maintain financial support
without obtaining a waiver under
section 612(a)(18)(C) is a reduction in
the amount of the State’s section 611
grant award in any fiscal year in an
amount equal to the amount by which
the State failed to maintain financial
support.
Beginning in FY 2013, Congress made
changes to the procedure for allocating
Part B funds to States in section 611(d)
of the IDEA in order to limit the impact
of a one-time violation of the MFS
requirement. While these changes did
reduce the long-term effects of a State’s
failure to maintain financial support,
reducing State allocations in accordance
with section 612(a)(18) could still result
in a significant reduction in a given
fiscal year, depending on the amount by
which the State failed to meet the
requirements.
Section V of the Part B Annual
Application
Section V of the Part B Annual
Application requires States to provide
the total amount of State financial
support made available for special
education and related services for
children with disabilities. These data
assist OSEP in determining whether
States met the requirements of section
612(a)(18). For FFY 2013, States were
required to report and certify the
amount of State funds made available
for State FYs 2011 and 2012.
As part of its monitoring
responsibilities, OSEP has conducted
fiscal monitoring, reviewed waiver
requests under section 612(a)(18)(C),
resolved Office of Management and
Budget (OMB) Circular A–133 audits,
and reviewed States’ data submitted in
Section V of their applications. Based
on these activities OSEP has concluded
that many States need additional TA to
submit valid and reliable data in Section
V. Specifically related to State MFS,
OSEP found:
(a) Seventeen States could not
demonstrate that they have procedures
to properly calculate State MFS;
8 See
OSEP Memorandum 10–5, dated December
2, 2009 (https://www2.ed.gov/policy/speced/guid/
idea/memosdcltrs/osep1005maintenanceoffinancialsupport.pdf).
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(b) Since 2009, 8 States submitted a
total of 12 State MFS waiver requests
that required considerable
clarification; 9 and
(c) Multiple States had discrepancies
between the data reported in Section V
and data obtained from other sources,
including publicly available data,
requiring OSEP to devote significant
staff time and resources to determining
whether the MFS data for those States
were valid and reliable.
Assisting States in reporting valid and
reliable State MFS data is made more
difficult because every State’s special
education funding structure is different
and may change with State legislative
action. As a result of these issues, OSEP
believes that States need intensive,
State-specific TA on how to collect and
report valid and reliable State MFS data
to meet the data collection
requirements. OSEP believes that
investing in the Center to assist States
in collecting and reporting valid and
reliable data is more efficient than
identifying and correcting inaccurate
data after it has been reported to the
Department.
Proposed Priority
The purpose of this proposed priority
is to fund a cooperative agreement to
establish and operate a Center to
achieve, at a minimum, the following
expected outcomes: (a) Improve the
capacity of State staff to collect and
report accurate fiscal data related to
LEA MOE/CEIS and State MFS; and (b)
increase States’ knowledge of the
underlying fiscal requirements and the
calculations necessary to submit valid
and reliable data on LEA MOE/CEIS and
State MFS.
Project Activities. To meet the
requirements of this priority, the Center
at a minimum, must conduct the
following activities:
Knowledge Development Activities
(a) To ensure that States have the
capacity to collect and report accurate
LEA MOE/CEIS and State MFS fiscal
data, survey all 60 IDEA Part B
programs in the first year to:
(1) Assess their capacity to collect and
report high-quality LEA MOE/CEIS and
State MFS fiscal data required under
data collections authorized under
section 618 and identify the policies
and practices that facilitate or hinder
the collection of accurate data
consistent with IDEA fiscal
requirements; and
9 Each request required numerous data
submissions and teleconferences before the
Department could respond to the waiver request. In
two instances, Department staff travelled to the SEA
to resolve data issues.
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(2) Analyze and catalogue how States
make available State financial support
for special education and related
services in order to develop templates
that increase the capacity of States to
collect and report accurate data;
(b) In the first year, analyze the LEA
MOE/CEIS data submissions and data
notes to determine common data
collection and submission errors and to
identify States in need of intensive or
targeted TA.
Technical Assistance and
Dissemination Activities
(a) Provide intensive TA to a
minimum of 10 SEAs per year 10 to
improve States’ collection and
submission of IDEA fiscal data
consistent with the requirements of
IDEA. Preference should be given to
those States with the greatest need,
including States with a demonstrated
failure to accurately report MFS or LEA
MOE/CEIS data, and States requesting
TA. When working with States on LEA
MOE/CEIS data, the TA should develop
the capacity of SEAs to train LEAS to
accurately report the required data;
(b) Provide a range of targeted and
general TA products and services
related to fiscal data to improve State
capacity to collect and report valid and
reliable data, including the
dissemination of OSEP guidance on
IDEA fiscal requirements and the
development and dissemination of TA
products on IDEA fiscal data collection
and reporting requirements, and
improve the capacity of SEAs to train
LEAs to accurately report the required
data; and
(c) Develop templates to assist States
in collecting valid and reliable State
MFS and LEA MOE/CEIS data so those
data can be accurately reported to OSEP.
These templates should be designed to
accommodate variances in State school
financing systems (insofar as possible)
and remind users of the applicable
required components of the calculation.
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Coordination Activities
(a) Communicate and coordinate, on
an ongoing basis, with other
Department-funded projects, including
those providing data-related support to
States, such as the National Technical
Assistance Center to Improve State
Capacity to Accurately Collect and
Report IDEA Data; and
(b) Maintain ongoing communication
with the OSEP project officer.
10 The requirement of the priority is that the
Center provides intensive TA to 10 SEAs in any
given year, which may include continued TA for
some SEAs across more than one year.
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Administrative Requirements
To be considered for funding under
this priority, applicants must meet the
application and administrative
requirements in this priority. OSEP
encourages innovative approaches to
meet these requirements, which are:
(a) Demonstrate, in the narrative
section of the application under
‘‘Significance of the Project,’’ how the
proposed project will address States’
capacity to: (1) Understand IDEA’s
statutory and regulatory basis for the
fiscal reporting requirements; (2) collect
valid and reliable fiscal data; (3)
conduct required calculations consistent
with IDEA requirements; and (4) report
valid and reliable fiscal data; and
(b) Demonstrate knowledge of IDEA
fiscal data collections, including the
underlying statutory and regulatory
requirements, current fiscal guidance,
and State school funding systems;
(c) Demonstrate, in the narrative
section of the application under
‘‘Quality of the Project Services,’’ how
the proposed project would—
(1) Achieve its goals, objectives, and
intended outcomes. To meet this
requirement, the applicant must
provide—
(i) Measurable intended project
outcomes; and
(ii) The logic model by which the
proposed project will achieve its
intended outcomes;
(2) Use a conceptual framework to
develop project plans and activities,
describing any underlying concepts,
assumptions, expectations, beliefs, or
theories, as well as the presumed
relationships or linkages among these
variables, and any empirical support for
this framework;
(3) Base the design of the TA on
current research and make use of
evidence-based practices. To meet this
requirement, the applicant must
describe—
(i) The current research about adult
learning principles and implementation
science that would inform the proposed
TA; and
(ii) How the proposed project would
incorporate current research and
evidence-based practices in the
development and delivery of its
products and services;
(4) Develop products and provide
services that are of high quality and
sufficient intensity and duration to
achieve the intended outcomes of the
proposed project. To address this
requirement, the applicant must
describe—
(i) How it proposes to identify or
develop the knowledge base for IDEA
fiscal data collection and reporting
requirements;
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(ii) How it proposes to conduct the
survey of all 60 IDEA Part B Programs
administered by SEAs;
(iii) How it proposes to conduct
universal, general TA 11 for the 60 SEAs
that have IDEA Part B programs;
(iv) How it proposes to provide
targeted, specialized TA,12 which must
identify—
(A) The intended recipients of the
products and services under this
approach;
(B) How it proposes to measure the
readiness of potential TA recipients to
work with the project, assessing, at a
minimum, their current infrastructure,
available resources, and ability to build
capacity at the LEA level; and
(C) Appropriate staff with the
requisite responsibilities to receive the
TA in these areas.
(v) How it proposes to provide
intensive, sustained TA,13 which must
identify—
(A) How it proposes to select and
recruit SEAs to work with the proposed
project, considering the SEAs’ need for
the initiative, current infrastructure,
available resources, and ability to build
capacity at the LEA level;
(B) How it proposes to assist SEAs in
building training systems that include
professional development based on
adult learning principles and coaching;
and
(C) How it proposes to involve and
work with other regional TA providers
to assist SEAs with communication
11 ‘‘Universal, general TA’’ means TA and
information provided to independent users through
their own initiative, resulting in minimal
interaction with TA center staff and including onetime, invited or offered conference presentations by
TA center staff. This category of TA also includes
information or products, such as newsletters,
guidebooks, or research syntheses, downloaded
from the TA center’s Web site by independent
users. Brief communications by TA center staff with
recipients, either by telephone or email, are also
considered universal, general TA.
12 ‘‘Targeted, specialized TA’’ means TA service
based on needs common to multiple recipients and
not extensively individualized. A relationship is
established between the TA recipient and one or
more TA center staff. This category of TA includes
one-time, labor-intensive events, such as facilitating
strategic planning or hosting regional or national
conferences. It can also include episodic, less laborintensive events that extend over a period of time,
such as facilitating a series of conference calls on
single or multiple topics that are designed around
the needs of the recipients. Facilitating
communities of practice can also be considered
targeted, specialized TA.
13 ‘‘Intensive, sustained TA’’ means TA services
often provided on-site and requiring a stable,
ongoing relationship between the TA center staff
and the TA recipient. ‘‘TA services’’ are defined as
negotiated series of activities designed to reach a
valued outcome. This category of TA should result
in changes to policy, program, practice, or
operations that support increased recipient capacity
or improved outcomes at one or more systems
levels.
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Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Proposed Rules
between each level of the education
system (e.g., districts, schools, families);
(5) Develop products and implement
services to maximize the project’s
efficiency. To address this requirement,
the applicant must describe—
(i) How the proposed project would
use technology to achieve the intended
project outcomes;
(ii) With whom the proposed project
would collaborate and the intended
outcomes of this collaboration; and
(iii) How the proposed project would
use non-project resources to achieve the
intended project outcomes.
(d) Demonstrate, in the narrative
section of the application under
‘‘Quality of the Evaluation Plan,’’ how—
(1) The proposed project would
collect and analyze data on specific and
measurable goals, objectives, and
intended outcomes of the project. To
address this requirement, the applicant
must describe its—
(i) Proposed evaluation
methodologies, including instruments,
data collection methods, and analyses;
and
(ii) Proposed standards or targets for
determining effectiveness;
(2) The proposed project would use
the evaluation results to examine the
effectiveness of its implementation and
its progress toward achieving intended
outcomes; and
(3) The proposed methods of
evaluation would produce quantitative
and qualitative data that demonstrate
whether the project achieved the
intended outcomes.
(e) Demonstrate, in the narrative
section of the application under
‘‘Adequacy of Project Resources,’’
how—
(1) The proposed project would
encourage applications for employment
from persons who are members of
groups that have traditionally been
underrepresented based on race, color,
national origin, gender, age, or
disability, as appropriate;
(2) The proposed key project
personnel, consultants, and
subcontractors have the qualifications
and experience to carry out the
proposed activities and achieve the
project’s intended outcomes, including
experience working with State and
district fiscal systems.
(3) The applicant and any key
partners have adequate resources to
carry out the proposed activities; and
(4) The proposed costs are reasonable
in relation to the anticipated results and
benefits.
(f) Demonstrate, in the narrative
section of the application under
‘‘Quality of the Management Plan,’’
how—
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(1) The proposed management plan
would ensure that the project’s intended
outcomes will be achieved on time and
within budget. To address this
requirement, the applicant must
describe—
(i) Clearly defined responsibilities for
key project personnel, consultants, and
subcontractors, as applicable; and
(ii) Timelines and milestones for
accomplishing the project tasks;
(2) Key project personnel and any
consultants and subcontractors will be
allocated to the project and how these
allocations are appropriate and adequate
to achieve the project’s intended
outcomes;
(3) The proposed management plan
would ensure that the products and
services provided are of high quality;
and
(4) The proposed project would obtain
a diversity of perspectives, including
those of State and local personnel, TA
providers, researchers, and policy
makers, among others, in the
development and operation of its plan.
(g) Address the following application
requirements:
(1) Include in Appendix A a logic
model that depicts, at a minimum, the
goals, activities, outputs, and outcomes
of the proposed project. A logic model
communicates how a project will
achieve its intended outcomes and
provides a framework for both the
formative and summative evaluations of
the project.
Note: The following Web sites provide
more information on logic models:
www.researchutilization.org/matrix/
logicmodel_resource3c.html and
www.tadnet.org/pages/589;
(2) Include in Appendix A a
conceptual framework for the project;
(3) Include in Appendix A personloading charts and timelines, as
applicable, to illustrate the management
plan described in the narrative;
(4) Include in the budget the costs for
attending the following events:
(i) A one and one-half day kick-off
meeting in Washington, DC, after receipt
of the award, and an annual planning
meeting in Washington, DC, with the
OSEP project officer and other relevant
staff during each subsequent year of the
project period.
Note: Within 30 days of receipt of the
award, a post-award teleconference must be
held between the OSEP project officer and
the grantee’s project director or other
authorized representative;
(ii) A two and one-half day project
directors’ conference in Washington,
DC, during each year of the project
period;
(iii) A two-day trip annually to attend
Department briefings, Department-
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24665
sponsored conferences, and other
meetings, as requested by OSEP; and
(iv) A one-day intensive review
meeting in Washington, DC, during the
last half of the second year of the project
period;
(5) Include in the budget a line item
for an annual set-aside of five percent of
the grant amount to support emerging
needs that are consistent with the
proposed project’s intended outcomes,
as those needs are identified in
consultation with OSEP;
Note: With approval from the OSEP project
officer, the project must reallocate any
remaining funds from this annual set-aside
no later than the end of the third quarter of
each budget period; and
(6) Maintain a Web site that meets
government or industry-recognized
standards for accessibility.
Types of Priorities
When inviting applications for a
competition using one or more
priorities, we designate the type of each
priority as absolute, competitive
preference, or invitational through a
notice in the Federal Register. The
effect of each type of priority follows:
Absolute priority: Under an absolute
priority, we consider only applications
that meet the priority (34 CFR
75.105(c)(3)).
Competitive preference priority:
Under a competitive preference priority,
we give competitive preference to an
application by (1) awarding additional
points, depending on the extent to
which the application meets the priority
(34 CFR 75.105(c)(2)(i)); or (2) selecting
an application that meets the priority
over an application of comparable merit
that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an
invitational priority, we are particularly
interested in applications that meet the
priority. However, we do not give an
application that meets the priority a
preference over other applications (34
CFR 75.105(c)(1)).
Final Priority
We will announce the final priority in
a notice in the Federal Register. We will
determine the final priority after
considering responses to this notice and
other information available to the
Department. This notice does not
preclude us from proposing additional
priorities, subject to meeting applicable
rulemaking requirements.
Note: This notice does not solicit
applications. In any year in which we choose
to use this proposed priority, we invite
applications through a notice in the Federal
Register.
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Executive Orders 12866 and 13563
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Under Executive Order 12866, the
Secretary must determine whether this
regulatory action is ‘‘significant’’ and,
therefore, subject to the requirements of
the Executive order and subject to
review by OMB. Section 3(f) of
Executive Order 12866 defines a
‘‘significant regulatory action’’ as an
action likely to result in a rule that
may—
(1) Have an annual effect on the
economy of $100 million or more, or
adversely affect a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local or Tribal governments or
communities in a material way (also
referred to as an ‘‘economically
significant’’ rule);
(2) Create serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
stated in the Executive order.
This proposed regulatory action is not
a significant regulatory action subject to
review by OMB under section 3(f) of
Executive Order 12866.
We have also reviewed this proposed
regulatory action under Executive Order
13563, which supplements and
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
Executive Order 12866. To the extent
permitted by law, Executive Order
13563 requires that an agency—
(1) Propose or adopt regulations only
upon a reasoned determination that
their benefits justify their costs
(recognizing that some benefits and
costs are difficult to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other things
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and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are issuing this proposed priority
only on a reasoned determination that
its benefits justify its costs. In choosing
among alternative regulatory
approaches, we selected those
approaches that maximize net benefits.
Based on the analysis that follows, the
Department believes that this regulatory
action is consistent with the principles
in Executive Order 13563.
We have also determined that this
regulatory action does not unduly
interfere with State, local, and tribal
governments in the exercise of their
governmental functions.
In accordance with both Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
are those resulting from statutory
requirements and those we have
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determined as necessary for
administering the Department’s
programs and activities.
Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the contact person listed
under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. Free Internet access to the
official edition of the Federal Register
and the Code of Federal Regulations is
available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you
can view this document, as well as all
other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF you must
have Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: April 28, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special
Education and Rehabilitative Services.
[FR Doc. 2014–10000 Filed 4–30–14; 8:45 am]
BILLING CODE 4000–01–P
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Agencies
[Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)]
[Proposed Rules]
[Pages 24661-24666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10000]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2014-OSERS-0061; CFDA Number: 84.373F]
Proposed Priority--Technical Assistance on State Data
Collection--IDEA Fiscal Data Center
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Proposed priority.
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SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services proposes a funding priority under the Technical
Assistance (TA) on State Data Collection program. The Assistant
Secretary may use this proposed priority for competitions in fiscal
year (FY) 2014 and later years. We take this action to focus attention
on an identified national need to provide TA to improve the capacity of
States to meet the data collection requirements of the Individuals with
Disabilities Education Act (IDEA).
DATES: We must receive your comments on or before July 15, 2014.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments by fax or by email. Please submit your comments only
one time, in order to ensure that we do not receive duplicate copies.
In addition, please include the Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under ``Are you new to the site?''
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about these proposed regulations, address
them to Matthew Schneer, U.S. Department of Education, 400 Maryland
Avenue SW., room 4169, Potomac Center Plaza, Washington, DC 20202-2600.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
FOR FURTHER INFORMATION CONTACT: Matthew Schneer. Telephone: (202) 245-
6755 or by email: Matthew.Schneer@ed.gov.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
the proposed priority in this notice. To ensure that your comments have
maximum effect in developing the notice of final priority, we urge you
to clearly identify the specific topic that each comment addresses.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866 and 13563 and their overall
requirement of reducing regulatory burden that might result from this
proposed priority. Please let us know of any further ways we could
reduce potential costs or increase potential benefits while preserving
the effective and efficient administration of the program.
Assistance to Individuals With Disabilities in Reviewing the
Rulemaking Record: On request, we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this notice. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
Purpose of Program: The purpose of the Technical Assistance on
State Data Collection program is to improve the capacity of States to
meet their IDEA data collection and reporting requirements under
sections 616 and 618 of IDEA. Funding for the program is authorized
under section 611(c)(1) of IDEA, which gives the Secretary the
authority to reserve funds appropriated under Part B of IDEA to provide
TA activities authorized under section 616(i).\1\ Section 616(i)
requires the Secretary to review the data collection and analysis
capacity of States to ensure that data and information determined
necessary for implementation of section 616 are collected, analyzed,
and accurately reported. It also requires the Secretary to provide TA,
where needed, to improve the capacity of States to meet the data
collection requirements under IDEA. The Consolidated Appropriations Act
of 2014 gives the Secretary the authority to use FY 2014 funds reserved
under section 611(c) to assist the
[[Page 24662]]
Secretary to administer and carry out other services and activities to
improve data collection, coordination, quality, and use under Parts B
and C of IDEA (Pub. L. 113-76).
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\1\ All references to a statute in this priority are to sections
of IDEA unless otherwise noted.
Program Authority: 20 U.S.C. 1411(c), 1416(i), and 1418(c);
Consolidated Appropriations Act, 2014 (Pub. L. 113-76).
Applicable Program Regulations: 34 CFR 300.702.
Proposed Priority
This notice contains one proposed priority. The priority is:
IDEA Fiscal Data Center
Background
The purpose of this priority is to establish a Fiscal IDEA Data
Center (Center) to provide States with TA for meeting their fiscal data
collection and reporting obligations under IDEA.\2\
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\2\ For the purposes of this priority, IDEA fiscal data refers
specifically to two annual data submissions authorized under section
618 of IDEA: (a) Section V of the Annual State Application under
Part B of IDEA (Part B Annual Application); and (b) the LEA MOE/CEIS
Collection, which was formerly referred to as the Report on
Maintenance of Effort Reduction and Coordinated Early Intervening
Services (Table 8).
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Within the past four years, the Secretary has instituted two new
fiscal data collections that apply to State educational agencies (SEAs)
that administer Part B of IDEA: (a) IDEA Part B local educational
agency (LEA) Maintenance of Effort (MOE) Reduction and Coordinated
Early Intervening Services (CEIS) [LEA MOE/CEIS] Data Collection, added
in Federal fiscal year (FFY) 2009; and (b) Section V of the Part B
Annual Application under IDEA (Section V), added in the FFY 2013
application. States may suffer significant monetary consequences as a
result of noncompliance identified through these data collections.
LEA MOE/CEIS Requirement
Pursuant to 34 CFR 300.203(a), amounts provided to an LEA under
Part B of IDEA shall not be used, except as provided in 34 CFR 300.204
and 205, to reduce the level of expenditures for the education of
children with disabilities made by the LEA below the level of
expenditures for the preceding fiscal year. Pursuant to section
613(a)(2)(C) and 34 CFR 300.205, in any fiscal year for which the IDEA
section 611 subgrant received by an LEA exceeds the amount the LEA
received for the previous fiscal year, and providing that the SEA has
determined that the LEA is meeting the requirements of IDEA under
section 616 and the SEA has not taken action against the LEA under
section 616, the LEA may reduce the level of expenditures for the
education of children with disabilities by not more than 50 percent of
the amount of such excess in the current year's subgrant. Section
613(a)(2)(C)(iv) provides that the amount of funds expended by an LEA
for CEIS shall count toward the maximum amount of expenditures for the
education of children with disabilities that an LEA may reduce under
section 613(a)(2)(C). Consistent with long-standing Department
practice, if an LEA fails to maintain its level of expenditures for the
education of children with disabilities, the SEA is liable in a
recovery action under 20 U.S.C. 1234a to return to the Department, from
non-Federal funds or funds for which accountability to the Federal
government is not required, an amount equal to the amount by which the
LEA failed to maintain its level of expenditures.
LEA MOE/CEIS Data Collection Requirements and Calculations
In order to meet the data collection requirement related to LEA
MOE/CEIS, States must report the following data for all LEAs (including
educational service agencies): (a) Section 611 and section 619
allocation amounts; (b) The amount by which the LEA reduced its level
of fiscal effort under 34 CFR 300.205 (LEA MOE reduction); (c) For each
LEA that reserved funds for CEIS (required or voluntary), the dollar
amount that was reserved; and (d) The number of children receiving
CEIS. In addition, the SEA must provide the following information: (a)
The relevant LEA determination under section 616; and (b) Whether the
LEA voluntarily reserved funds for CEIS \3\ or was required to reserve
funds for CEIS.\4\
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\3\ Under section 613(f), LEAs may voluntarily reserve not more
than 15 percent of their IDEA subgrants, less any amount reduced
because the LEA took the LEA MOE reduction in 34 CFR 300.205 to
develop and implement CEIS for students in kindergarten through
grade 12 who have not been identified as needing special education
or related services, but who need additional academic and behavioral
support to succeed in a general education environment.
\4\ Under section 618(d)(2)(B), if a State identifies
significant disproportionality based on race or ethnicity in an LEA
with respect to the identification of children as children with
disabilities, or the placement of children with disabilities in
particular educational settings, the LEA must use the maximum amount
(15 percent) of funds allowable for CEIS to provide comprehensive
CEIS for children in the LEA, particularly for children in those
groups that were significantly overidentified.
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States must collect valid and reliable data on LEA MOE/CEIS from
their LEAs in order to report valid and reliable data on LEA MOE/CEIS
to the Department. In order to determine the amount by which an LEA
reduced local, or State and local, expenditures for the education of
children with disabilities in the reporting year pursuant to 34 CFR
300.205, the LEA must determine: (a) The amount of local, or State and
local, funds it expended in a prior year, as well as the amount
expended in the reporting year; (b) What portion of the reduction of
these expenditures, if any, taken in the reporting year is attributable
to the LEA MOE exceptions in 34 CFR 300.204; \5\ and (c) The portion
that is attributable to the LEA MOE adjustment provision in 34 CFR
300.205.
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\5\ Under section 613(a)(2)(B) and 34 CFR 300.204, an LEA may
reduce the level of expenditures for the education of children with
disabilities below the level of those expenditures for the preceding
fiscal year if the reduction is attributable to any of the
following:
(a) The voluntary departure, by retirement or otherwise, or
departure for just cause, of special education or related services
personnel.
(b) A decrease in the enrollment of children with disabilities.
(c) The termination of the obligation of the agency, consistent
with Part B of the IDEA, to provide a program of special education
to a particular child with a disability that is an exceptionally
costly program, as determined by the SEA, because the child--
(1) Has left the jurisdiction of the agency;
(2) Has reached the age at which the obligation of the agency to
provide FAPE to the child has terminated; or
(3) No longer needs the program of special education.
(d) The termination of costly expenditures for long-term
purchases, such as the acquisition of equipment or the construction
of school facilities.
(e) The assumption of cost by the high cost fund operated by the
SEA under 34 CFR 300.704(c).
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The following is an example of the information needed to accurately
report the amount by which an LEA reduced its expenditures of State and
local funds for the education of children with disabilities pursuant to
34 CFR 300.205. This example assumes that the LEA calculates MOE based
on State and local funds, not just local funds, and the reporting year
is school year (SY) 2012-2013. In this example, the LEA must make the
following calculations in order to report accurate LEA MOE/CEIS data:
(a) The amount of State and local funds expended for the education
of children with disabilities in SY 2011-2012;
(b) The amount of State and local funds expended for the education
of children with disabilities in SY 2012-2013;
(c) The amount of the reduction, if any, in State and local funds
expended for the education of children with disabilities between SY
2011-2012 and SY 2012-2013;
(d) The amount of that reduction, if any, in SY 2012-2013 that is
attributable to the exceptions permitted in 34 CFR 300.204; and
[[Page 24663]]
(e) If the LEA met requirements and had an increase in its FFY 2012
section 611 allocation, the amount of that reduction, if any, in SY
2012-2013 that is attributable to the MOE adjustment provision in 34
CFR 300.205.
LEA MOE/CEIS Data Quality Issues
Based on the Office of Special Education Programs' (OSEP's) review
of the LEA MOE/CEIS data submitted for FFYs 2009 and 2010, OSEP
determined that a significant number of States initially reported data
that were not valid and reliable. For example, many States initially
reported data indicating that their LEAs: \6\
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\6\ This is a partial list identified by OSEP.
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(a) Decreased expenditures of non-Federal funds for the education
of children with disabilities, pursuant to 34 CFR 300.205, even though
they did not have a determination of meets requirements under section
616;
(b) Decreased expenditures of non-Federal funds for the education
of children with disabilities, pursuant to 34 CFR 300.205, by more than
the allowable reduction of 50 percent of the increase of their IDEA
section 611 subgrant; and
(c) Did not reserve 15 percent of their Part B IDEA allocation for
comprehensive CEIS when required to do so pursuant to 34 CFR 300.646.
In the process of providing TA to States, OSEP found that some
States initially reported data that were not valid and reliable because
the States did not fully understand the underlying fiscal requirements
and the calculations necessary to meet the data collection requirements
related to LEA MOE/CEIS.
In addition, OSEP has identified issues related to the quality of
LEA MOE/CEIS data through monitoring and inquiries from States and
LEAs. In a recent audit, the Office of Inspector General (OIG) also
raised concerns about the validity and reliability of the LEA MOE/CEIS
data.\7\ These experiences demonstrate the continued need to provide TA
on LEA MOE/CEIS data collection requirements in order to ensure States
submit valid and reliable data that meet the data collection
requirements.
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\7\ Local Educational Agency Maintenance of Effort Flexibility
Due to Recovery Act IDEA, Part B Funds (ED-OIG/L09L0011).
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State Maintenance of Financial Support (MFS) Requirement
Pursuant to section 612(a)(18)(A) and 34 CFR 300.163(a), States
must not reduce the total amount of State financial support made
available for special education and related services for children with
disabilities, or made available because of the excess costs of
educating those children, below the amount of that support for the
preceding fiscal year. This requirement is applicable to State
financial support made available by a State through all of its State
agencies, and is not limited to the support made available through the
SEA.\8\
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\8\ See OSEP Memorandum 10-5, dated December 2, 2009 (https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/osep10-05maintenanceoffinancialsupport.pdf).
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Under section 612(a)(18)(B), the statutory consequence for a State
that fails to maintain financial support without obtaining a waiver
under section 612(a)(18)(C) is a reduction in the amount of the State's
section 611 grant award in any fiscal year in an amount equal to the
amount by which the State failed to maintain financial support.
Beginning in FY 2013, Congress made changes to the procedure for
allocating Part B funds to States in section 611(d) of the IDEA in
order to limit the impact of a one-time violation of the MFS
requirement. While these changes did reduce the long-term effects of a
State's failure to maintain financial support, reducing State
allocations in accordance with section 612(a)(18) could still result in
a significant reduction in a given fiscal year, depending on the amount
by which the State failed to meet the requirements.
Section V of the Part B Annual Application
Section V of the Part B Annual Application requires States to
provide the total amount of State financial support made available for
special education and related services for children with disabilities.
These data assist OSEP in determining whether States met the
requirements of section 612(a)(18). For FFY 2013, States were required
to report and certify the amount of State funds made available for
State FYs 2011 and 2012.
As part of its monitoring responsibilities, OSEP has conducted
fiscal monitoring, reviewed waiver requests under section
612(a)(18)(C), resolved Office of Management and Budget (OMB) Circular
A-133 audits, and reviewed States' data submitted in Section V of their
applications. Based on these activities OSEP has concluded that many
States need additional TA to submit valid and reliable data in Section
V. Specifically related to State MFS, OSEP found:
(a) Seventeen States could not demonstrate that they have
procedures to properly calculate State MFS;
(b) Since 2009, 8 States submitted a total of 12 State MFS waiver
requests that required considerable clarification; \9\ and
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\9\ Each request required numerous data submissions and
teleconferences before the Department could respond to the waiver
request. In two instances, Department staff travelled to the SEA to
resolve data issues.
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(c) Multiple States had discrepancies between the data reported in
Section V and data obtained from other sources, including publicly
available data, requiring OSEP to devote significant staff time and
resources to determining whether the MFS data for those States were
valid and reliable.
Assisting States in reporting valid and reliable State MFS data is
made more difficult because every State's special education funding
structure is different and may change with State legislative action. As
a result of these issues, OSEP believes that States need intensive,
State-specific TA on how to collect and report valid and reliable State
MFS data to meet the data collection requirements. OSEP believes that
investing in the Center to assist States in collecting and reporting
valid and reliable data is more efficient than identifying and
correcting inaccurate data after it has been reported to the
Department.
Proposed Priority
The purpose of this proposed priority is to fund a cooperative
agreement to establish and operate a Center to achieve, at a minimum,
the following expected outcomes: (a) Improve the capacity of State
staff to collect and report accurate fiscal data related to LEA MOE/
CEIS and State MFS; and (b) increase States' knowledge of the
underlying fiscal requirements and the calculations necessary to submit
valid and reliable data on LEA MOE/CEIS and State MFS.
Project Activities. To meet the requirements of this priority, the
Center at a minimum, must conduct the following activities:
Knowledge Development Activities
(a) To ensure that States have the capacity to collect and report
accurate LEA MOE/CEIS and State MFS fiscal data, survey all 60 IDEA
Part B programs in the first year to:
(1) Assess their capacity to collect and report high-quality LEA
MOE/CEIS and State MFS fiscal data required under data collections
authorized under section 618 and identify the policies and practices
that facilitate or hinder the collection of accurate data consistent
with IDEA fiscal requirements; and
[[Page 24664]]
(2) Analyze and catalogue how States make available State financial
support for special education and related services in order to develop
templates that increase the capacity of States to collect and report
accurate data;
(b) In the first year, analyze the LEA MOE/CEIS data submissions
and data notes to determine common data collection and submission
errors and to identify States in need of intensive or targeted TA.
Technical Assistance and Dissemination Activities
(a) Provide intensive TA to a minimum of 10 SEAs per year \10\ to
improve States' collection and submission of IDEA fiscal data
consistent with the requirements of IDEA. Preference should be given to
those States with the greatest need, including States with a
demonstrated failure to accurately report MFS or LEA MOE/CEIS data, and
States requesting TA. When working with States on LEA MOE/CEIS data,
the TA should develop the capacity of SEAs to train LEAS to accurately
report the required data;
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\10\ The requirement of the priority is that the Center provides
intensive TA to 10 SEAs in any given year, which may include
continued TA for some SEAs across more than one year.
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(b) Provide a range of targeted and general TA products and
services related to fiscal data to improve State capacity to collect
and report valid and reliable data, including the dissemination of OSEP
guidance on IDEA fiscal requirements and the development and
dissemination of TA products on IDEA fiscal data collection and
reporting requirements, and improve the capacity of SEAs to train LEAs
to accurately report the required data; and
(c) Develop templates to assist States in collecting valid and
reliable State MFS and LEA MOE/CEIS data so those data can be
accurately reported to OSEP. These templates should be designed to
accommodate variances in State school financing systems (insofar as
possible) and remind users of the applicable required components of the
calculation.
Coordination Activities
(a) Communicate and coordinate, on an ongoing basis, with other
Department-funded projects, including those providing data-related
support to States, such as the National Technical Assistance Center to
Improve State Capacity to Accurately Collect and Report IDEA Data; and
(b) Maintain ongoing communication with the OSEP project officer.
Administrative Requirements
To be considered for funding under this priority, applicants must
meet the application and administrative requirements in this priority.
OSEP encourages innovative approaches to meet these requirements, which
are:
(a) Demonstrate, in the narrative section of the application under
``Significance of the Project,'' how the proposed project will address
States' capacity to: (1) Understand IDEA's statutory and regulatory
basis for the fiscal reporting requirements; (2) collect valid and
reliable fiscal data; (3) conduct required calculations consistent with
IDEA requirements; and (4) report valid and reliable fiscal data; and
(b) Demonstrate knowledge of IDEA fiscal data collections,
including the underlying statutory and regulatory requirements, current
fiscal guidance, and State school funding systems;
(c) Demonstrate, in the narrative section of the application under
``Quality of the Project Services,'' how the proposed project would--
(1) Achieve its goals, objectives, and intended outcomes. To meet
this requirement, the applicant must provide--
(i) Measurable intended project outcomes; and
(ii) The logic model by which the proposed project will achieve its
intended outcomes;
(2) Use a conceptual framework to develop project plans and
activities, describing any underlying concepts, assumptions,
expectations, beliefs, or theories, as well as the presumed
relationships or linkages among these variables, and any empirical
support for this framework;
(3) Base the design of the TA on current research and make use of
evidence-based practices. To meet this requirement, the applicant must
describe--
(i) The current research about adult learning principles and
implementation science that would inform the proposed TA; and
(ii) How the proposed project would incorporate current research
and evidence-based practices in the development and delivery of its
products and services;
(4) Develop products and provide services that are of high quality
and sufficient intensity and duration to achieve the intended outcomes
of the proposed project. To address this requirement, the applicant
must describe--
(i) How it proposes to identify or develop the knowledge base for
IDEA fiscal data collection and reporting requirements;
(ii) How it proposes to conduct the survey of all 60 IDEA Part B
Programs administered by SEAs;
(iii) How it proposes to conduct universal, general TA \11\ for the
60 SEAs that have IDEA Part B programs;
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\11\ ``Universal, general TA'' means TA and information provided
to independent users through their own initiative, resulting in
minimal interaction with TA center staff and including one-time,
invited or offered conference presentations by TA center staff. This
category of TA also includes information or products, such as
newsletters, guidebooks, or research syntheses, downloaded from the
TA center's Web site by independent users. Brief communications by
TA center staff with recipients, either by telephone or email, are
also considered universal, general TA.
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(iv) How it proposes to provide targeted, specialized TA,\12\ which
must identify--
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\12\ ``Targeted, specialized TA'' means TA service based on
needs common to multiple recipients and not extensively
individualized. A relationship is established between the TA
recipient and one or more TA center staff. This category of TA
includes one-time, labor-intensive events, such as facilitating
strategic planning or hosting regional or national conferences. It
can also include episodic, less labor-intensive events that extend
over a period of time, such as facilitating a series of conference
calls on single or multiple topics that are designed around the
needs of the recipients. Facilitating communities of practice can
also be considered targeted, specialized TA.
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(A) The intended recipients of the products and services under this
approach;
(B) How it proposes to measure the readiness of potential TA
recipients to work with the project, assessing, at a minimum, their
current infrastructure, available resources, and ability to build
capacity at the LEA level; and
(C) Appropriate staff with the requisite responsibilities to
receive the TA in these areas.
(v) How it proposes to provide intensive, sustained TA,\13\ which
must identify--
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\13\ ``Intensive, sustained TA'' means TA services often
provided on-site and requiring a stable, ongoing relationship
between the TA center staff and the TA recipient. ``TA services''
are defined as negotiated series of activities designed to reach a
valued outcome. This category of TA should result in changes to
policy, program, practice, or operations that support increased
recipient capacity or improved outcomes at one or more systems
levels.
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(A) How it proposes to select and recruit SEAs to work with the
proposed project, considering the SEAs' need for the initiative,
current infrastructure, available resources, and ability to build
capacity at the LEA level;
(B) How it proposes to assist SEAs in building training systems
that include professional development based on adult learning
principles and coaching; and
(C) How it proposes to involve and work with other regional TA
providers to assist SEAs with communication
[[Page 24665]]
between each level of the education system (e.g., districts, schools,
families);
(5) Develop products and implement services to maximize the
project's efficiency. To address this requirement, the applicant must
describe--
(i) How the proposed project would use technology to achieve the
intended project outcomes;
(ii) With whom the proposed project would collaborate and the
intended outcomes of this collaboration; and
(iii) How the proposed project would use non-project resources to
achieve the intended project outcomes.
(d) Demonstrate, in the narrative section of the application under
``Quality of the Evaluation Plan,'' how--
(1) The proposed project would collect and analyze data on specific
and measurable goals, objectives, and intended outcomes of the project.
To address this requirement, the applicant must describe its--
(i) Proposed evaluation methodologies, including instruments, data
collection methods, and analyses; and
(ii) Proposed standards or targets for determining effectiveness;
(2) The proposed project would use the evaluation results to
examine the effectiveness of its implementation and its progress toward
achieving intended outcomes; and
(3) The proposed methods of evaluation would produce quantitative
and qualitative data that demonstrate whether the project achieved the
intended outcomes.
(e) Demonstrate, in the narrative section of the application under
``Adequacy of Project Resources,'' how--
(1) The proposed project would encourage applications for
employment from persons who are members of groups that have
traditionally been underrepresented based on race, color, national
origin, gender, age, or disability, as appropriate;
(2) The proposed key project personnel, consultants, and
subcontractors have the qualifications and experience to carry out the
proposed activities and achieve the project's intended outcomes,
including experience working with State and district fiscal systems.
(3) The applicant and any key partners have adequate resources to
carry out the proposed activities; and
(4) The proposed costs are reasonable in relation to the
anticipated results and benefits.
(f) Demonstrate, in the narrative section of the application under
``Quality of the Management Plan,'' how--
(1) The proposed management plan would ensure that the project's
intended outcomes will be achieved on time and within budget. To
address this requirement, the applicant must describe--
(i) Clearly defined responsibilities for key project personnel,
consultants, and subcontractors, as applicable; and
(ii) Timelines and milestones for accomplishing the project tasks;
(2) Key project personnel and any consultants and subcontractors
will be allocated to the project and how these allocations are
appropriate and adequate to achieve the project's intended outcomes;
(3) The proposed management plan would ensure that the products and
services provided are of high quality; and
(4) The proposed project would obtain a diversity of perspectives,
including those of State and local personnel, TA providers,
researchers, and policy makers, among others, in the development and
operation of its plan.
(g) Address the following application requirements:
(1) Include in Appendix A a logic model that depicts, at a minimum,
the goals, activities, outputs, and outcomes of the proposed project. A
logic model communicates how a project will achieve its intended
outcomes and provides a framework for both the formative and summative
evaluations of the project.
Note: The following Web sites provide more information on logic
models: www.researchutilization.org/matrix/logicmodel_resource3c.html and www.tadnet.org/pages/589;
(2) Include in Appendix A a conceptual framework for the project;
(3) Include in Appendix A person-loading charts and timelines, as
applicable, to illustrate the management plan described in the
narrative;
(4) Include in the budget the costs for attending the following
events:
(i) A one and one-half day kick-off meeting in Washington, DC,
after receipt of the award, and an annual planning meeting in
Washington, DC, with the OSEP project officer and other relevant staff
during each subsequent year of the project period.
Note: Within 30 days of receipt of the award, a post-award
teleconference must be held between the OSEP project officer and the
grantee's project director or other authorized representative;
(ii) A two and one-half day project directors' conference in
Washington, DC, during each year of the project period;
(iii) A two-day trip annually to attend Department briefings,
Department-sponsored conferences, and other meetings, as requested by
OSEP; and
(iv) A one-day intensive review meeting in Washington, DC, during
the last half of the second year of the project period;
(5) Include in the budget a line item for an annual set-aside of
five percent of the grant amount to support emerging needs that are
consistent with the proposed project's intended outcomes, as those
needs are identified in consultation with OSEP;
Note: With approval from the OSEP project officer, the project
must reallocate any remaining funds from this annual set-aside no
later than the end of the third quarter of each budget period; and
(6) Maintain a Web site that meets government or industry-
recognized standards for accessibility.
Types of Priorities
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Final Priority
We will announce the final priority in a notice in the Federal
Register. We will determine the final priority after considering
responses to this notice and other information available to the
Department. This notice does not preclude us from proposing additional
priorities, subject to meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use this proposed priority, we invite
applications through a notice in the Federal Register.
[[Page 24666]]
Executive Orders 12866 and 13563
Under Executive Order 12866, the Secretary must determine whether
this regulatory action is ``significant'' and, therefore, subject to
the requirements of the Executive order and subject to review by OMB.
Section 3(f) of Executive Order 12866 defines a ``significant
regulatory action'' as an action likely to result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local or
Tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This proposed regulatory action is not a significant regulatory
action subject to review by OMB under section 3(f) of Executive Order
12866.
We have also reviewed this proposed regulatory action under
Executive Order 13563, which supplements and explicitly reaffirms the
principles, structures, and definitions governing regulatory review
established in Executive Order 12866. To the extent permitted by law,
Executive Order 13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing this proposed priority only on a reasoned
determination that its benefits justify its costs. In choosing among
alternative regulatory approaches, we selected those approaches that
maximize net benefits. Based on the analysis that follows, the
Department believes that this regulatory action is consistent with the
principles in Executive Order 13563.
We have also determined that this regulatory action does not unduly
interfere with State, local, and tribal governments in the exercise of
their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. One of the
objectives of the Executive order is to foster an intergovernmental
partnership and a strengthened federalism. The Executive order relies
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the contact person listed
under FOR FURTHER INFORMATION CONTACT.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: April 28, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 2014-10000 Filed 4-30-14; 8:45 am]
BILLING CODE 4000-01-P