Final Priority; Technical Assistance on State Data Collection-IDEA Data Management Center, 45346-45350 [2014-18481]
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45346
Federal Register / Vol. 79, No. 150 / Tuesday, August 5, 2014 / Rules and Regulations
remain in the closed position and need
not open for maritime traffic from 7:30
a.m. through 10:30 a.m. on September 7,
2014. The bridge shall operate in
accordance to 33 CFR 117.897 at all
other times. Waterway usage on this
stretch of the Willamette River includes
vessels ranging from commercial tug
and barge to small pleasure craft.
Vessels able to pass through the bridge
in the closed positions may do so at any
time. The bridge will be able to open for
emergencies and there is no immediate
alternate route for vessels to pass. The
Coast Guard will also inform the users
of the waterways through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: July 24, 2014.
Steven M. Fischer,
Bridge Administrator.
[FR Doc. 2014–18370 Filed 8–4–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
FOR FURTHER INFORMATION CONTACT:
Meredith Miceli, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 4071, Potomac Center Plaza
(PCP), Washington, DC 20202–2600.
Telephone: (202) 245–6028 or by email:
Meredith.Miceli@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: Purpose of
Program: The purpose of the Technical
Assistance on State Data Collection
program is to improve the capacity of
States to meet the IDEA data collection
and reporting requirements. 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 the IDEA
to provide TA activities authorized
under section 616(i) of IDEA. Section
616(i) of IDEA requires the Secretary to
review the data collection and analysis
capacity of States to ensure that data
and information determined necessary
for implementation of IDEA section 616
are collected, analyzed, and accurately
reported to the Secretary. It also requires
the Secretary to provide TA, where
needed, to improve the capacity of
States to meet the data collection
requirements under IDEA Parts B and C,
which include the data collection
requirements in IDEA sections 616 and
618.
[CFDA Number: 84.373M.]
Program Authority: 20 U.S.C. 1411(c),
1416(i), 1418(c), and 1442.
Final Priority; Technical Assistance on
State Data Collection—IDEA Data
Management Center
Applicable Program Regulations: 34
CFR 300.702.
We published a notice of proposed
priority for this competition in the
Federal Register on April 17, 2014 (79
FR 21663). That notice contained
background information and our reasons
for proposing this particular priority.
Except for minor editorial and technical
revisions (noted below), there are no
differences between the proposed
priority and this final priority. We made
these minor technical revisions:
(a) Clarified the types of supports and
TA the Center must provide when
assisting States in the use of the open
source tools developed, as described in
subsection (b) of the Technical
Assistance and Dissemination Activities
section of this priority;
(b) Added the Center on Systemic
Improvement (CSI) (if funded) 1 to the
list of Department-funded projects that
the Center must communicate and
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final priority.
AGENCY:
The Assistant Secretary for
the Office of Special Education and
Rehabilitative Services (OSERS)
announces a priority under the
Technical Assistance on State Data
Collection program. The Assistant
Secretary may use this priority for
competitions in fiscal year (FY) 2014
and later years. We take this action to
fund a cooperative agreement to
establish and operate an IDEA Data
Management Center (Center) that will
provide technical assistance (TA) to
improve the capacity of States to meet
the data collection requirements of the
Individuals with Disabilities Education
Act (IDEA).
DATES: This priority is effective
September 4, 2014.
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SUMMARY:
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1 For additional information regarding CSI, see:
www.gpo.gov/fdsys/pkg/FR-2014-06-17/pdf/201414154.pdf.
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collaborate with on an ongoing basis, as
described in subsection (a) of the
Coordination Activities section of this
priority;
(c) Added application requirement
(b)(4)(ii), which requires applicants to
demonstrate how the Center will
support State staff in taking a leadership
role in restructuring and aligning data
systems within States that are receiving
TA from the Center; and
(d) Revised application requirement
(f)(4)(ii), which requires applicants to
budget for a two and one-half day
project directors’ meeting in
Washington, DC, to occur every other
year beginning with the meeting
scheduled for Summer, 2016.
Public Comment: In response to our
invitation in the notice of proposed
priority, three parties submitted
comments on the proposed priority.
We group major issues according to
subject. Generally, we do not address
technical and other minor changes, or
comments not directly related to the
proposed priority.
Analysis of Comments and Changes:
An analysis of the comments and of any
changes in the priority since publication
of the notice of proposed priority
follows.
Comment: Three commenters
indicated there was overlap between the
Center’s activities and the activities of
the IDEA Data Center (IDC) and the
Center for IDEA Early Childhood Data
Systems (DaSy).
Discussion: We do not agree that there
is overlap between the Center’s
activities and the activities of IDC and
DaSy. The Center will focus on: (1)
Providing TA to States to improve their
data management procedures and data
systems architecture to build data files
and reports to improve States’ capacity
to meet the Part B reporting
requirements under sections 616 and
618 of IDEA; and (2) improving States’
capacity to work with source systems
(e.g., statewide longitudinal data
systems (SLDS)) to report high-quality
data as required under sections 616 and
618 of IDEA. The other data centers (IDC
and DaSY) funded by the Office of
Special Education Programs (OSEP) do
not address the need to assist States in
restructuring their existing, often
fragmented, data systems and in
aligning their data collection for
students with disabilities with their data
collection for the general student
population in the SLDS so that States
can improve the validity and reliability
of the data they report to the Secretary
and the public as required under section
616 and 618 of IDEA. The IDC is
focused on assisting States with
developing necessary data validation
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processes and procedures to ensure
high-quality data submissions to OSEP,
but does not work on data management
or system architecture. DaSy provides
TA to States to support Part C and Part
B State preschool programs’
participation in the development or
enhancement of integrated early
childhood data systems. Changes: None.
Comment: Two commenters stressed
the importance of including general
education staff in efforts to restructure
and align data systems within the State;
and one commenter indicated that
States, rather than an OSEP-funded
center, should take the lead in these
efforts.
Discussion: We agree it is important to
include general education staff in the
restructuring and alignment of data
systems within the State. For this
reason, we are requiring the Center to
collaborate and coordinate with the
State SLDS programs. Additionally, we
are requiring the Center to use the
Common Education Data Standards
(CEDS) that the Department has
coordinated the development of in
collaboration with States and local
school districts. We anticipate that this
Center will help special education staff
engage and work with the general
education and SLDS staff within their
States to reach the goal of using SLDS
to report high-quality IDEA data. We
also agree that States can and should
lead these efforts and have revised the
priority to clarify their role.
Changes: We have revised paragraph
(b)(4)(ii) of the application requirements
of the priority to require that applicants
describe how the Center will support
State staff in taking a leadership role in
restructuring and aligning data systems
within the States that are receiving TA
from the Center.
Comment: Two commenters noted the
significant effort and time a State would
need to invest in order to appropriately
use an open source tool. These
commenters noted that States would
need to transfer data into a data store
from which an EDFacts file could be
created with the open source tool. They
stressed that each State would need to
get its data into a uniform file structure
in order for the generic code to create
the EDFacts files. In addition, these
commenters questioned whether the
open source tool would be worth the
amount of time and money it would
take to create it.
Discussion: We anticipate that the
Center will provide TA on preparing
State data for use with open source tools
and that this assistance will be highly
valued by many States and, therefore, an
excellent use of Federal funds. State
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utilization of the open source tools will
be on a voluntary basis.
We expect that the open source tools
will be based on CEDS. CEDS will
provide a common vocabulary and data
model for all States to use in order to
make the open source tools accessible.
The Center will assist States in mapping
their data systems to CEDS in order to
use the open source tool. We have
revised the priority to clarify that the
Center must provide this assistance.
Changes: In paragraph (b)(3) of the
Technical Assistance and
Dissemination Activities section of the
priority, we have added, as a required
activity, that the Center assist States in
preparing their data for use of the open
source tools that are developed under
this priority.
Comment: One commenter
recommended that the Center work with
CSI to provide TA to States on using the
data systems developed or refined by
the proposed Center’s work in the
development of their State Systemic
Improvement Plans (SSIP).
Discussion: We agree that the IDEA
Data Management Center should
collaborate and coordinate with CSI (if
funded) to further promote the use of
high-quality IDEA data.
Changes: We have revised the priority
to include CSI in the list of Departmentfunded projects that the Center will
communicate and collaborate with on
an ongoing basis.
Comment: One commenter
recommended that the Center work with
the Department to integrate and align
the various reporting systems as a way
to improve the overall quality of the
data and facilitate use of the data.
Discussion: We understand the
commenter’s suggestion. Neither the
Department nor the Center can revise
the data that States must submit to the
Department under different statutes
(e.g., sections 616 and 618 of IDEA and
under the Elementary and Secondary
Education Act). However, under this
priority, the Department has the
authority, under section 616(i)(2) of
IDEA, to provide TA (from funds
reserved under section 611(c) from FY
2013) to improve the capacity of States
to meet the IDEA Part B and Part C data
collection requirements. Thus, the
Center will assist the Department by
helping States directly integrate and
align State-level data reporting systems
as a way to improve the overall quality
of the data and facilitate use of the data
that is reported to the Department and
used by the public.
Changes: None.
Final Priority:
IDEA Data Management Center.
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The purpose of this priority is to fund
a cooperative agreement to establish and
operate an IDEA Data Management
Center (Center) to achieve, at a
minimum, the following expected
outcomes: (a) Improve States’ data
management procedures and data
systems architecture to build data files
and reports to improve States’ capacity
to meet the Part B reporting
requirements under sections 616 and
618 of IDEA; and (b) improve States’
capacity to utilize their SLDS to report
high-quality data under IDEA Part B as
required under sections 616 and 618 of
IDEA. The Center’s work will comply
with the privacy and confidentiality
protections in the Family Educational
Rights and Privacy Act (FERPA) and
IDEA and will not provide the
Department with access to child-level
data.
Project Activities. To meet the
requirements of this priority, the IDEA
Data Management Center, at a
minimum, must:
Knowledge Development Activities in
Year One.
(a) Document the methods of
collecting, processing, and reporting the
IDEA Part B section 616 and 618 data
for the 60 State educational agencies
(SEAs). The documentation must align
the data used by the States to meet the
Part B IDEA data to the Common
Education Data Standards (CEDS).
(b) Analyze the methods of collecting,
processing, and reporting the Part B
IDEA data for commonalities and
challenges and identify States in need of
intensive or targeted TA.
Technical Assistance and
Dissemination Activities.
(a) Provide intensive TA 2 to at least
10 States to improve their ability to
utilize SLDS as sources for reporting
Part B data required under sections 616
and 618 of IDEA. The Center must use
information obtained through the
activities described under paragraph (a)
of the Knowledge Development
Activities in Year One section of this
priority to inform the intensive TA,
which must be focused on States that
are not using their SLDS to report their
IDEA Part B section 616 and 618 data.
Note: Applicants must describe the
methods and criteria they will use to recruit
and select States for intensive TA. The Center
2 ‘‘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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must obtain approval from OSEP on the final
selection of intensive TA States.
(b) Provide a range of targeted and
general TA products and services for
improving States’ capacity to report
high-quality Part B data required under
sections 616 and 618 of IDEA. Such TA
must include, at a minimum:
(1) Working with the Department to
develop open source electronic tools to
assist States in building EDFacts data
files and reports that can be submitted
to the Department and made available to
the public. The tools must utilize CEDS
and meet all States’ and entities’ needs
associated with reporting the Part B data
required under sections 616 and 618 of
IDEA;
(2) Developing a plan to maintain the
appropriate functionality of the open
source electronic tools described in
paragraph (1) as changes are made to
data collections, reporting requirements,
file specifications, and CEDS;
(3) Assisting States in preparing their
data in order to use the open source
electronic tools (e.g., transforming data
into a data store);
(4) Conducting training with State
staff to use the open source electronic
tools;
(5) Developing CEDS ‘‘Connections’’ 3
to calculate metrics needed to report the
Part B data required under sections 616
and 618 of IDEA; and
(6) Developing white papers and
presentations that include tools and
solutions to challenges in data
management procedures and data
system architecture for reporting the
Part B data required under sections 616
and 618 of IDEA.
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 IDC, DaSy, the CEDS
initiative, the SLDS program, the
Privacy Technical Assistance Center,
and CSI (if funded); and
(b) Maintain ongoing communication
with the OSEP project officer.
In addition to these programmatic
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—
3 For more information on CEDS Connections,
see: https://ceds.ed.gov/connect.aspx.
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(1) Address State challenges in
collecting, analyzing, and accurately
reporting valid and reliable IDEA data
on State data management procedures
and data systems architecture and in
building EDFacts data files and reports
for timely and accurate reporting of the
IDEA data to the Department and the
public. To meet this requirement the
applicant must—
(i) Demonstrate knowledge of IDEA
data collections and EDFacts file
specifications for the IDEA data
collection; and
(ii) Present information about the
difficulties that States have encountered
in the collection and submission of
valid and reliable IDEA data;
(2) Result in improved IDEA data
collection and reporting.
(b) Demonstrate, in the narrative
section of the application under
‘‘Quality of the Project Services,’’ how
the proposed project will—
(1) Achieve the project’s 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 them,
and any empirical support for this
framework;
(3) Be based on current research and
make use of evidence-based practices.
To meet this requirement, the applicant
must describe—
(i) The current research on the
effectiveness of IDEA data collection
strategies, data management procedures,
and data systems architectures;
(ii) How the current research about
adult learning principles and
implementation science will inform the
proposed TA; and
(iii) How the proposed project will
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 will develop knowledge of
States’ data management processes and
data systems architecture;
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(ii) How it will facilitate and support
the leadership role State staff will take
in improving States’ data management
procedures and data systems
architecture;
(iii) Its proposed approach to
universal, general TA 4 for the 60 SEAs;
(iv) Its proposed approach to targeted,
specialized TA,5 which must identify—
(A) The intended recipients of the
products and services under this
approach; and
(B) Its proposed approach 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 local educational agency
(LEA) level, as appropriate;
(v) Its proposed approach to intensive,
sustained TA, which must identify—
(A) The intended recipients of the
products and services under this
approach;
(B) Its proposed approach to measure
the readiness of the SEAs to work with
the proposed project including the
SEAs’ commitment to the initiative, fit
of the initiatives, current infrastructure,
available resources, and ability to build
capacity at the LEA level, as
appropriate; and
(C) Its proposed plan for assisting
SEAs to build training systems that
include professional development based
on adult learning principles and
coaching.
(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 will use
technology to achieve the intended
project outcomes; and
(ii) With whom the proposed project
will collaborate and the intended
outcomes of this collaboration.
4 ‘‘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.
5 ‘‘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.
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(c) Demonstrate, in the narrative
section of the application under
‘‘Quality of the Evaluation Plan,’’ how—
(1) The proposed project will 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 of
effectiveness;
(2) The proposed project will use the
evaluation results to examine the
effectiveness of its implementation and
its progress toward achieving the
intended outcomes; and
(3) The methods of evaluation will
produce quantitative and qualitative
data that demonstrate whether the
project achieved the intended outcomes.
(d) Demonstrate, in the narrative
section of the application under
‘‘Adequacy of Project Resources,’’
how—
(1) The proposed project will
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;
(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.
(e) Demonstrate, in the narrative
section of the application under
‘‘Quality of the Management Plan,’’
how—
(1) The proposed management plan
will 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) How 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
will ensure that the products and
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services provided are of high quality;
and
(4) The proposed project will benefit
from a diversity of perspectives,
including those of State and local
personnel, TA providers, researchers,
and policy makers, among others, in its
development and operation.
(f) Address the following application
requirements. The applicant must—
(1) Include in Appendix A of the
application 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.
45349
remaining funds from this annual set-aside
no later than the end of the third quarter of
each budget period; and
(2) Include in Appendix A of the
application a conceptual framework for
the project;
(3) Include in Appendix A of the
application person-loading charts and
timelines, as applicable, to illustrate the
management plan described in the
narrative;
(4) Include in the proposed budget
funding for attendance at the following:
(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.
(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)).
This notice does not preclude us from
proposing additional priorities,
requirements, definitions, or selection
criteria, subject to meeting applicable
rulemaking requirements.
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;
Note: This notice does not solicit
applications. In any year in which we choose
to use this priority, we invite applications
through a notice in the Federal Register.
(ii) A two and one-half day project
directors’ meeting in Washington, DC, to
occur every other year beginning with
the meeting scheduled for Summer,
2016;
(iii) Two annual two-day trips for
Department briefings, Departmentsponsored 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.
Executive Orders 12866 and 13563
Note: The following Web sites provide
more information on logic models: www.
researchutilization.org/matrix/logicmodel_
resource3c.html and www.tadnet.org/pages/
589;
Note: With approval from the OSEP project
officer, the project must reallocate any
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Regulatory Impact Analysis
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);
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(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 final 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 final
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 final priority only
on a reasoned determination that its
benefits justify its costs. In choosing
among alternative regulatory
VerDate Mar<15>2010
16:53 Aug 04, 2014
Jkt 232001
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.
An IDEA Data Management Center
funded under the priority established by
this regulatory action will assist States
in complying with Federal laws and
regulations. Without this regulatory
action, the burden of improving State
capacity to collect, report, and analyze
IDEA data would fall solely on the
responsible State and local entities.
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
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
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: July 31, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special
Education and Rehabilitative Services.
[FR Doc. 2014–18481 Filed 8–4–14; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2014–0022; FRL–9914–53–
Region–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Redesignation Requests,
Associated Maintenance Plans, and
Motor Vehicle Emissions Budgets for
the Delaware Portion of the
Philadelphia-Wilmington, PA–NJ–DE
Nonattainment Area for the 1997
Annual and 2006 24-Hour Fine
Particulate Matter Standards, and the
2007 Comprehensive Emissions
Inventory for the 2006 24-Hour Fine
Particulate Matter Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State of
Delaware’s requests to redesignate to
attainment the Delaware portion of the
Philadelphia-Wilmington, PA–NJ–DE
nonattainment area (hereafter ‘‘the
Philadelphia Area’’ or ‘‘the Area’’) for
both the 1997 annual and the 2006 24hour fine particulate matter (PM2.5)
National Ambient Air Quality Standards
(NAAQS or standards). EPA is also
approving as revisions to the Delaware
State Implementation Plan (SIP), the
associated maintenance plans to show
maintenance of the 1997 annual and the
2006 24-hour PM2.5 NAAQS through
2025 for the Delaware portion of the
Area. EPA is also proposing to approve
the motor vehicle emissions budgets
(MVEBs) included in Delaware’s
maintenance plans for the Delaware
portion of the Area for both the 1997
annual and 2006 24-hour PM2.5
standards. EPA is also determining that
the Delaware portion of the
Philadelphia Area continues to attain
both the 1997 annual and the 2006 24hour PM2.5 NAAQS. In addition, EPA is
approving the 2007 emissions inventory
for the Delaware portion of the Area for
SUMMARY:
E:\FR\FM\05AUR1.SGM
05AUR1
Agencies
[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Rules and Regulations]
[Pages 45346-45350]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18481]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[CFDA Number: 84.373M.]
Final Priority; Technical Assistance on State Data Collection--
IDEA Data Management Center
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Final priority.
-----------------------------------------------------------------------
SUMMARY: The Assistant Secretary for the Office of Special Education
and Rehabilitative Services (OSERS) announces a priority under the
Technical Assistance on State Data Collection program. The Assistant
Secretary may use this priority for competitions in fiscal year (FY)
2014 and later years. We take this action to fund a cooperative
agreement to establish and operate an IDEA Data Management Center
(Center) that will provide technical assistance (TA) to improve the
capacity of States to meet the data collection requirements of the
Individuals with Disabilities Education Act (IDEA).
DATES: This priority is effective September 4, 2014.
FOR FURTHER INFORMATION CONTACT: Meredith Miceli, U.S. Department of
Education, 400 Maryland Avenue SW., Room 4071, Potomac Center Plaza
(PCP), Washington, DC 20202-2600. Telephone: (202) 245-6028 or by
email: Meredith.Miceli@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: Purpose of Program: The purpose of the
Technical Assistance on State Data Collection program is to improve the
capacity of States to meet the IDEA data collection and reporting
requirements. 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 the IDEA to provide TA activities
authorized under section 616(i) of IDEA. Section 616(i) of IDEA
requires the Secretary to review the data collection and analysis
capacity of States to ensure that data and information determined
necessary for implementation of IDEA section 616 are collected,
analyzed, and accurately reported to the Secretary. It also requires
the Secretary to provide TA, where needed, to improve the capacity of
States to meet the data collection requirements under IDEA Parts B and
C, which include the data collection requirements in IDEA sections 616
and 618.
Program Authority: 20 U.S.C. 1411(c), 1416(i), 1418(c), and
1442.
Applicable Program Regulations: 34 CFR 300.702.
We published a notice of proposed priority for this competition in
the Federal Register on April 17, 2014 (79 FR 21663). That notice
contained background information and our reasons for proposing this
particular priority. Except for minor editorial and technical revisions
(noted below), there are no differences between the proposed priority
and this final priority. We made these minor technical revisions:
(a) Clarified the types of supports and TA the Center must provide
when assisting States in the use of the open source tools developed, as
described in subsection (b) of the Technical Assistance and
Dissemination Activities section of this priority;
(b) Added the Center on Systemic Improvement (CSI) (if funded) \1\
to the list of Department-funded projects that the Center must
communicate and collaborate with on an ongoing basis, as described in
subsection (a) of the Coordination Activities section of this priority;
---------------------------------------------------------------------------
\1\ For additional information regarding CSI, see: www.gpo.gov/fdsys/pkg/FR-2014-06-17/pdf/2014-14154.pdf.
---------------------------------------------------------------------------
(c) Added application requirement (b)(4)(ii), which requires
applicants to demonstrate how the Center will support State staff in
taking a leadership role in restructuring and aligning data systems
within States that are receiving TA from the Center; and
(d) Revised application requirement (f)(4)(ii), which requires
applicants to budget for a two and one-half day project directors'
meeting in Washington, DC, to occur every other year beginning with the
meeting scheduled for Summer, 2016.
Public Comment: In response to our invitation in the notice of
proposed priority, three parties submitted comments on the proposed
priority.
We group major issues according to subject. Generally, we do not
address technical and other minor changes, or comments not directly
related to the proposed priority.
Analysis of Comments and Changes: An analysis of the comments and
of any changes in the priority since publication of the notice of
proposed priority follows.
Comment: Three commenters indicated there was overlap between the
Center's activities and the activities of the IDEA Data Center (IDC)
and the Center for IDEA Early Childhood Data Systems (DaSy).
Discussion: We do not agree that there is overlap between the
Center's activities and the activities of IDC and DaSy. The Center will
focus on: (1) Providing TA to States to improve their data management
procedures and data systems architecture to build data files and
reports to improve States' capacity to meet the Part B reporting
requirements under sections 616 and 618 of IDEA; and (2) improving
States' capacity to work with source systems (e.g., statewide
longitudinal data systems (SLDS)) to report high-quality data as
required under sections 616 and 618 of IDEA. The other data centers
(IDC and DaSY) funded by the Office of Special Education Programs
(OSEP) do not address the need to assist States in restructuring their
existing, often fragmented, data systems and in aligning their data
collection for students with disabilities with their data collection
for the general student population in the SLDS so that States can
improve the validity and reliability of the data they report to the
Secretary and the public as required under section 616 and 618 of IDEA.
The IDC is focused on assisting States with developing necessary data
validation
[[Page 45347]]
processes and procedures to ensure high-quality data submissions to
OSEP, but does not work on data management or system architecture. DaSy
provides TA to States to support Part C and Part B State preschool
programs' participation in the development or enhancement of integrated
early childhood data systems. Changes: None.
Comment: Two commenters stressed the importance of including
general education staff in efforts to restructure and align data
systems within the State; and one commenter indicated that States,
rather than an OSEP-funded center, should take the lead in these
efforts.
Discussion: We agree it is important to include general education
staff in the restructuring and alignment of data systems within the
State. For this reason, we are requiring the Center to collaborate and
coordinate with the State SLDS programs. Additionally, we are requiring
the Center to use the Common Education Data Standards (CEDS) that the
Department has coordinated the development of in collaboration with
States and local school districts. We anticipate that this Center will
help special education staff engage and work with the general education
and SLDS staff within their States to reach the goal of using SLDS to
report high-quality IDEA data. We also agree that States can and should
lead these efforts and have revised the priority to clarify their role.
Changes: We have revised paragraph (b)(4)(ii) of the application
requirements of the priority to require that applicants describe how
the Center will support State staff in taking a leadership role in
restructuring and aligning data systems within the States that are
receiving TA from the Center.
Comment: Two commenters noted the significant effort and time a
State would need to invest in order to appropriately use an open source
tool. These commenters noted that States would need to transfer data
into a data store from which an EDFacts file could be created with the
open source tool. They stressed that each State would need to get its
data into a uniform file structure in order for the generic code to
create the EDFacts files. In addition, these commenters questioned
whether the open source tool would be worth the amount of time and
money it would take to create it.
Discussion: We anticipate that the Center will provide TA on
preparing State data for use with open source tools and that this
assistance will be highly valued by many States and, therefore, an
excellent use of Federal funds. State utilization of the open source
tools will be on a voluntary basis.
We expect that the open source tools will be based on CEDS. CEDS
will provide a common vocabulary and data model for all States to use
in order to make the open source tools accessible. The Center will
assist States in mapping their data systems to CEDS in order to use the
open source tool. We have revised the priority to clarify that the
Center must provide this assistance.
Changes: In paragraph (b)(3) of the Technical Assistance and
Dissemination Activities section of the priority, we have added, as a
required activity, that the Center assist States in preparing their
data for use of the open source tools that are developed under this
priority.
Comment: One commenter recommended that the Center work with CSI to
provide TA to States on using the data systems developed or refined by
the proposed Center's work in the development of their State Systemic
Improvement Plans (SSIP).
Discussion: We agree that the IDEA Data Management Center should
collaborate and coordinate with CSI (if funded) to further promote the
use of high-quality IDEA data.
Changes: We have revised the priority to include CSI in the list of
Department-funded projects that the Center will communicate and
collaborate with on an ongoing basis.
Comment: One commenter recommended that the Center work with the
Department to integrate and align the various reporting systems as a
way to improve the overall quality of the data and facilitate use of
the data.
Discussion: We understand the commenter's suggestion. Neither the
Department nor the Center can revise the data that States must submit
to the Department under different statutes (e.g., sections 616 and 618
of IDEA and under the Elementary and Secondary Education Act). However,
under this priority, the Department has the authority, under section
616(i)(2) of IDEA, to provide TA (from funds reserved under section
611(c) from FY 2013) to improve the capacity of States to meet the IDEA
Part B and Part C data collection requirements. Thus, the Center will
assist the Department by helping States directly integrate and align
State-level data reporting systems as a way to improve the overall
quality of the data and facilitate use of the data that is reported to
the Department and used by the public.
Changes: None.
Final Priority:
IDEA Data Management Center.
The purpose of this priority is to fund a cooperative agreement to
establish and operate an IDEA Data Management Center (Center) to
achieve, at a minimum, the following expected outcomes: (a) Improve
States' data management procedures and data systems architecture to
build data files and reports to improve States' capacity to meet the
Part B reporting requirements under sections 616 and 618 of IDEA; and
(b) improve States' capacity to utilize their SLDS to report high-
quality data under IDEA Part B as required under sections 616 and 618
of IDEA. The Center's work will comply with the privacy and
confidentiality protections in the Family Educational Rights and
Privacy Act (FERPA) and IDEA and will not provide the Department with
access to child-level data.
Project Activities. To meet the requirements of this priority, the
IDEA Data Management Center, at a minimum, must:
Knowledge Development Activities in Year One.
(a) Document the methods of collecting, processing, and reporting
the IDEA Part B section 616 and 618 data for the 60 State educational
agencies (SEAs). The documentation must align the data used by the
States to meet the Part B IDEA data to the Common Education Data
Standards (CEDS).
(b) Analyze the methods of collecting, processing, and reporting
the Part B IDEA data for commonalities and challenges and identify
States in need of intensive or targeted TA.
Technical Assistance and Dissemination Activities.
(a) Provide intensive TA \2\ to at least 10 States to improve their
ability to utilize SLDS as sources for reporting Part B data required
under sections 616 and 618 of IDEA. The Center must use information
obtained through the activities described under paragraph (a) of the
Knowledge Development Activities in Year One section of this priority
to inform the intensive TA, which must be focused on States that are
not using their SLDS to report their IDEA Part B section 616 and 618
data.
---------------------------------------------------------------------------
\2\ ``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.
Note: Applicants must describe the methods and criteria they
will use to recruit and select States for intensive TA. The Center
[[Page 45348]]
must obtain approval from OSEP on the final selection of intensive
---------------------------------------------------------------------------
TA States.
(b) Provide a range of targeted and general TA products and
services for improving States' capacity to report high-quality Part B
data required under sections 616 and 618 of IDEA. Such TA must include,
at a minimum:
(1) Working with the Department to develop open source electronic
tools to assist States in building EDFacts data files and reports that
can be submitted to the Department and made available to the public.
The tools must utilize CEDS and meet all States' and entities' needs
associated with reporting the Part B data required under sections 616
and 618 of IDEA;
(2) Developing a plan to maintain the appropriate functionality of
the open source electronic tools described in paragraph (1) as changes
are made to data collections, reporting requirements, file
specifications, and CEDS;
(3) Assisting States in preparing their data in order to use the
open source electronic tools (e.g., transforming data into a data
store);
(4) Conducting training with State staff to use the open source
electronic tools;
(5) Developing CEDS ``Connections'' \3\ to calculate metrics needed
to report the Part B data required under sections 616 and 618 of IDEA;
and
---------------------------------------------------------------------------
\3\ For more information on CEDS Connections, see: https://ceds.ed.gov/connect.aspx.
---------------------------------------------------------------------------
(6) Developing white papers and presentations that include tools
and solutions to challenges in data management procedures and data
system architecture for reporting the Part B data required under
sections 616 and 618 of IDEA.
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 IDC, DaSy, the CEDS initiative, the SLDS
program, the Privacy Technical Assistance Center, and CSI (if funded);
and
(b) Maintain ongoing communication with the OSEP project officer.
In addition to these programmatic 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--
(1) Address State challenges in collecting, analyzing, and
accurately reporting valid and reliable IDEA data on State data
management procedures and data systems architecture and in building
EDFacts data files and reports for timely and accurate reporting of the
IDEA data to the Department and the public. To meet this requirement
the applicant must--
(i) Demonstrate knowledge of IDEA data collections and EDFacts file
specifications for the IDEA data collection; and
(ii) Present information about the difficulties that States have
encountered in the collection and submission of valid and reliable IDEA
data;
(2) Result in improved IDEA data collection and reporting.
(b) Demonstrate, in the narrative section of the application under
``Quality of the Project Services,'' how the proposed project will--
(1) Achieve the project's 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 them, and any empirical support for
this framework;
(3) Be based on current research and make use of evidence-based
practices. To meet this requirement, the applicant must describe--
(i) The current research on the effectiveness of IDEA data
collection strategies, data management procedures, and data systems
architectures;
(ii) How the current research about adult learning principles and
implementation science will inform the proposed TA; and
(iii) How the proposed project will 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 will develop knowledge of States' data management
processes and data systems architecture;
(ii) How it will facilitate and support the leadership role State
staff will take in improving States' data management procedures and
data systems architecture;
(iii) Its proposed approach to universal, general TA \4\ for the 60
SEAs;
---------------------------------------------------------------------------
\4\ ``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.
---------------------------------------------------------------------------
(iv) Its proposed approach to targeted, specialized TA,\5\ which
must identify--
---------------------------------------------------------------------------
\5\ ``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.
---------------------------------------------------------------------------
(A) The intended recipients of the products and services under this
approach; and
(B) Its proposed approach 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 local educational agency (LEA) level, as appropriate;
(v) Its proposed approach to intensive, sustained TA, which must
identify--
(A) The intended recipients of the products and services under this
approach;
(B) Its proposed approach to measure the readiness of the SEAs to
work with the proposed project including the SEAs' commitment to the
initiative, fit of the initiatives, current infrastructure, available
resources, and ability to build capacity at the LEA level, as
appropriate; and
(C) Its proposed plan for assisting SEAs to build training systems
that include professional development based on adult learning
principles and coaching.
(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 will use technology to achieve the
intended project outcomes; and
(ii) With whom the proposed project will collaborate and the
intended outcomes of this collaboration.
[[Page 45349]]
(c) Demonstrate, in the narrative section of the application under
``Quality of the Evaluation Plan,'' how--
(1) The proposed project will 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 of effectiveness;
(2) The proposed project will use the evaluation results to examine
the effectiveness of its implementation and its progress toward
achieving the intended outcomes; and
(3) The methods of evaluation will produce quantitative and
qualitative data that demonstrate whether the project achieved the
intended outcomes.
(d) Demonstrate, in the narrative section of the application under
``Adequacy of Project Resources,'' how--
(1) The proposed project will 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;
(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.
(e) Demonstrate, in the narrative section of the application under
``Quality of the Management Plan,'' how--
(1) The proposed management plan will 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) How 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 will ensure that the products and
services provided are of high quality; and
(4) The proposed project will benefit from a diversity of
perspectives, including those of State and local personnel, TA
providers, researchers, and policy makers, among others, in its
development and operation.
(f) Address the following application requirements. The applicant
must--
(1) Include in Appendix A of the application 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 of the application a conceptual framework
for the project;
(3) Include in Appendix A of the application person-loading charts
and timelines, as applicable, to illustrate the management plan
described in the narrative;
(4) Include in the proposed budget funding for attendance at the
following:
(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' meeting in
Washington, DC, to occur every other year beginning with the meeting
scheduled for Summer, 2016;
(iii) Two annual two-day trips for 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)).
This notice does not preclude us from proposing additional
priorities, requirements, definitions, or selection criteria, subject
to meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use this priority, we invite applications through
a notice in the Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
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);
[[Page 45350]]
(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 final 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 final 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 final 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.
An IDEA Data Management Center funded under the priority
established by this regulatory action will assist States in complying
with Federal laws and regulations. Without this regulatory action, the
burden of improving State capacity to collect, report, and analyze IDEA
data would fall solely on the responsible State and local entities.
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: July 31, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 2014-18481 Filed 8-4-14; 8:45 am]
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