Proposed Priorities and Requirements-Technical Assistance on State Data Collection-National Technical Assistance Center To Improve State Capacity To Collect, Report, Analyze, and Use Accurate Early Childhood IDEA Data, 13294-13302 [2024-03631]
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Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Proposed Rules
sections 38 and 46 of the Code. The
Proposed Regulations address the
treatment of certain gas upgrading
equipment in a manner that warrants a
correction.
Need for Correction
As published, the Proposed
Regulations would exclude from the
definition of ‘‘qualified biogas property’’
any ‘‘gas upgrading equipment
necessary to concentrate the gas into the
appropriate mixture for injection into a
pipeline through removal of other gases
such as carbon dioxide, nitrogen, or
oxygen.’’ See proposed § 1.48–
9(e)(11)(i). Proposed § 1.48–9(f)(1)
would provide, however, that property
owned by the taxpayer that is an
integral part of an energy property (as
defined in proposed § 1.48–9(f)(3)) is
treated as energy property. A correction
is needed to clarify that gas upgrading
equipment that is necessary to
concentrate the gas from qualified
biogas property into the appropriate
mixture for injection into a pipeline
through removal of other gases such as
carbon dioxide, nitrogen, or oxygen,
would be energy property if it is an
integral part of an energy property as
defined in proposed § 1.48–9(f)(3).
Correction of Publication
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Accordingly, the publication of the
Proposed Regulations, which was the
subject of FR Doc. 2023–25539, is
corrected by revising the following
sentence on page 82214, in the second
column and before the first full
paragraph: ‘‘However, gas upgrading
equipment necessary to concentrate the
gas into the appropriate mixture for
injection into a pipeline through
removal of other gases such as carbon
dioxide, nitrogen, or oxygen is not
included in qualified biogas property.’’
This sentence should be revised to read
as follows: ‘‘However, gas upgrading
equipment necessary to concentrate the
gas into the appropriate mixture for
injection into a pipeline through
removal of other gases such as carbon
dioxide, nitrogen, or oxygen is not a
functionally interdependent component
(as defined in paragraph (f)(2)(ii) of this
section) of qualified biogas property.’’
Oluwafunmilayo A. Taylor,
Section Chief, Publications and Regulations
Section, Associate Chief Counsel, Procedure
and Administration.
[FR Doc. 2024–03632 Filed 2–21–24; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED–2024–OSERS–0001]
Proposed Priorities and
Requirements—Technical Assistance
on State Data Collection—National
Technical Assistance Center To
Improve State Capacity To Collect,
Report, Analyze, and Use Accurate
Early Childhood IDEA Data
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Proposed priorities and
requirements.
AGENCY:
The Department of Education
(Department) proposes priorities and
requirements for a National Technical
Assistance Center To Improve State
Capacity To Collect, Report, Analyze,
and Use Accurate Early Childhood IDEA
Data (Center) under the Technical
Assistance on State Data Collection
program, Assistance Listing Number
(ALN) 84.373Z. The Department may
use these priorities and requirements for
competitions in fiscal year (FY) 2024
and later years. We take this action to
identify the national need to provide
technical assistance (TA) to improve the
capacity of States to meet the early
childhood data collection and reporting
requirements under Part B and Part C of
the Individuals with Disabilities
Education Act (IDEA).
DATES: We must receive your comments
on or before May 7, 2024.
ADDRESSES: Comments must be
submitted via the Federal eRulemaking
Portal at www.regulations.gov. However,
if you require an accommodation or
cannot otherwise submit your
comments via www.regulations.gov,
please contact the program contact
person listed under FOR FURTHER
INFORMATION CONTACT. The Department
will not accept comments submitted by
fax or by email, or comments submitted
after the comment period closes. To
ensure the Department does not receive
duplicate copies, please submit your
comments only once. 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 ‘‘FAQ.’’
SUMMARY:
Note: The Department’s policy is generally
to make comments received from members of
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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:
Meredith Miceli, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 4A10, Washington, DC 20202.
Telephone: (202) 987–0135. Email:
Meredith.Miceli@ed.gov.
If you are deaf, hard of hearing, or
have a speech disability and wish to
access telecommunications relay
services, please dial 7–1–1.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you
to submit comments regarding the
proposed priorities and requirements.
To ensure that your comments have
maximum effect in developing the final
priorities and requirements, we urge
you to identify clearly the specific
section of the proposed priorities and
requirements that each comment
addresses.
Directed Question: Given that
Congress has not yet enacted an
appropriation for FY 2024, the
Department is considering whether it
may use a phased-in funding approach
to this investment, with smaller awards
in the initial years of the project and
higher awards in later years. The
Department requests specific public
comment on the extent to which such
an approach would require substantive
changes to the proposed priority and
whether there are particular areas of
focus (e.g., data sharing templates, data
analyses tools) that may benefit from a
phased-in approach.
We invite you to assist us in
complying with the specific
requirements of Executive Orders
12866, 13563, and 14094 and their
overall requirement of reducing
regulatory burden that might result from
these proposed priorities and
requirements. 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.
During and after the comment period,
you may inspect public comments about
the proposed priorities and
requirements by accessing
Regulations.gov. To inspect comments
in person, please contact the person
listed under FOR FURTHER INFORMATION
CONTACT.
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
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Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Proposed Rules
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disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for these proposed priorities and
requirements. 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 IDEA data
collection and reporting requirements.
Funding for the program is authorized
under section 611(c)(1) of IDEA, which
gives the Secretary authority to reserve
not more than one-half of one percent of
the amounts appropriated under Part B
for each fiscal year to provide TA
activities, where needed, to improve the
capacity of States to meet the data
collection and reporting requirements
under Parts B and C of IDEA. The
maximum amount the Secretary may
reserve under this set-aside for any
fiscal year is $25,000,000, cumulatively
adjusted by the rate of inflation. 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 sections 616 and
642 of IDEA 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, which include
the data collection and reporting
requirements in sections 616 and 618 of
IDEA. In addition, the Consolidated
Appropriations Act, 2023, Public Law
117–328, gives the Secretary authority
to use funds reserved under section
611(c) of IDEA to ‘‘administer and carry
out other services and activities to
improve data collection, coordination,
quality, and use under Parts B and C of
the IDEA.’’ Consolidated Appropriations
Act, 2023, Public Law 117–328,
Division H, Title III, 136 Stat. 4459,
4891 (2022).
Program Authority: 20 U.S.C. 1411(c),
1416(i), 1418(c), 1418(d), 1442;
Consolidated Appropriations Act, 2023,
Public Law 117–328, Division H, Title
III, 136 Stat. 4459, 4891 (2022).
Applicable Program Regulations: 34
CFR 300.702.
Proposed Priorities
This document contains two proposed
priorities.
Proposed Priority 1: National
Technical Assistance Center To Improve
State Capacity To Collect, Report,
Analyze, and Use Accurate Early
Childhood IDEA Data.
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Background:
The purpose of this proposed priority
is to establish a TA center to provide TA
to (1) improve States’ capacity to collect,
report, analyze, and use high-quality
IDEA Part C early intervention data
(including IDEA section 618 Part C data
and section 616 Part C data) and IDEA
Part B preschool special education
data 1 (limited to Part B preschool data
elements required under IDEA sections
616 and 618 2); and (2) enhance,
streamline, and integrate statewide,
child-level early childhood data systems
(including Part C and Part B preschool
special education data systems) to
address critical policy questions that
would facilitate program improvement
and improve compliance accountability
and outcomes or results for children
served under Part C early intervention
and Part B preschool special education
programs.
Recently, there have been increased
expectations for State Part C early
intervention and Part B preschool
special education programs to collect,
report, analyze, and use high-quality
data. State-level staff in Part C early
intervention and Part B preschool
special education programs are expected
to report higher quality data, be able to
provide more in-depth explanations of
the data, use the data to improve
programs, compliance, and general
supervision of Part C early intervention
and Part B preschool special education
programs, and present the data in an
understandable fashion to all data users,
including novice data users. Under the
EDFacts Modernization Project, which
began with the submission of the 2022–
23 IDEA section 618 data, the Office of
Special Education Programs (OSEP) is
expecting States to conduct data quality
work prior to the due date for States to
submit their data; this work was
previously completed by OSEP after the
due date. Additionally, beginning with
the Federal fiscal year 2022 State
Performance Plan/Annual Performance
Report (SPP/APR) (submitted in 2024),
State Part C early intervention programs
1 Throughout this document, ‘‘IDEA Part B
preschool special education data’’ refers to IDEA
Part C data (including IDEA section 618 Part C data
and IDEA section 616 Part C data) and IDEA Part
B preschool special education data on children with
disabilities, ages 3 through 5, required under
section 616 of IDEA for those indicators that are not
solely based on IDEA section 618 data (e.g., SPP/
APR Indicators B7 (Preschool Children with
Improved Outcomes) and B12 (Transition from Part
C to Part B).
2 TA on the other Part B data required under
sections 616 and 618 of IDEA would be provided
through the proposed priority in the notice of
proposed priority and requirements for the National
Technical Assistance Center to Improve State
Capacity to Collect, Report, Analyze, and Use
Accurate IDEA Part B Data (ALN 84.373Y).
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must report additional data and
information to support the assumption
that the data reported for indicator C4
(Family Involvement) 3 are
representative of those infants and
toddlers with disabilities and their
families receiving services in their State.
Also, State-level staff in Part C early
intervention and Part B preschool
special education programs are expected
to analyze and use data to support and
provide evidence of compliance with
requirements of IDEA and improvement
of results for children with disabilities
through OSEP’s Differentiated
Monitoring and Support as part of the
results-driven accountability system.
Finally, there is an expectation that
States present their data in a format that
engages stakeholders to participate in
important discussions about program
improvement and accountability
compliance.
As IDEA data expectations have
evolved and increased, there is a need
to support both experienced and new
data staff who work in Part C early
intervention and Part B preschool
special education programs. In 2023,
approximately 17 percent of the State
data managers for Part C early
intervention programs had been in the
job less than a year and approximately
23 percent had only been in the job
between one and three years. The IDEA
Infants and Toddlers Coordinators
Association (ITCA) reported that 51
percent of Part C coordinators have been
in the position for two years or less in
their 2022 Tipping Points Survey (ITCA,
2022).4 In 2023, approximately 59
percent of Part B preschool special
education coordinators had three or less
years of experience (Early Childhood
Technical Assistance Center, 2023).5
Due to the continued turnover among
Part C early intervention and Part B
preschool special education staff, there
is a need to support new and novice
staff to collect, report, analyze, and
appropriately use the IDEA data.
Due to increased expectations on the
collection, reporting, analysis, and use
of IDEA data and staff turnover, there is
a need to find efficient, effective, and
user-friendly approaches to conducting
3 Indicator C4 requires States to report on the
percent of families participating in Part C who
report that early intervention services have helped
the family: (a) know their rights; (b) effectively
communicate their children’s needs; and (c) help
their children develop and learn.
4 For more information on ITCA’s 2022 Tipping
Points Survey, please go to 2022 Tipping Points
Survey (ideainfanttoddler.org).
www.ideainfanttoddler.org/pdf/2022-TippingPoints-Survey.pdf.
5 Early Childhood Technical Assistance Center.
(2023). Part B, section 619 National Survey 2023.
https://ectacenter.org/sec619/sec619survey.asp.
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the early childhood IDEA data work.
Improved data management processes,
as well as the growing development of
linked and integrated child-level data in
Part C data systems, Part B preschool
special education data systems, other
early learning program data systems,
and statewide longitudinal data systems
for school-aged children, are key
approaches for States in meeting these
increased expectations. States need to
establish and implement effective early
childhood data management and, where
appropriate, data system integration
policies and procedures to support
program improvement, compliance
accountability, and Federal and public
reporting. Improved policies and
procedures would allow States, where
appropriate, to link or integrate childlevel data in Part C data systems, Part
B preschool special education data
systems, other early learning program
data systems, and statewide
longitudinal data systems for schoolaged children. An early childhood
integrated data system (ECIDS) could
help States to identify what works best
to improve outcomes for young children
in their States. For instance, an ECIDS
provides the opportunity for States to
assess which characteristics of services
are related to better outcomes for
children and families or the relationship
between early childhood setting and
early childhood outcomes. An ECIDS
that includes data from across various
early care and education programs
could also improve child find activities
in the State by identifying strong referral
sources and those where more outreach
may be needed. An ECIDS could also
help States determine the other early
care and education programs that young
children with disabilities and their
families are participating in, allowing
States to maximize efficiency in the
operation of the early intervention or
early childhood special education
program while maintaining or
improving outcomes.
Building robust ECIDSs that include
Part C early intervention data and Part
B preschool special education data
would improve responses to critical
policy questions, facilitate program
improvement, and improve compliance
accountability for Part C early
intervention and Part B preschool
special education programs. This level
of integration would help ensure that
States report high-quality IDEA data to
the Department and the public.
Though some improvements have
been made over the last 10 years in
linking and integrating Part C early
intervention and Part B preschool
special education data to data from
other early learning programs, K–12
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data systems, and the workforce, as well
as longitudinally over time, the percent
of State programs that report they can
make these linkages remained low in
2021. Less than 40 percent of Part C
early intervention and Part B preschool
special education programs that
responded said they can link their
child-level data to their workforce data.
Less than 30 percent of Part C early
intervention programs that responded
said their State links Part C child-level
data to Early Head Start, Head Start,
State Pre-K, childcare programs, home
visiting programs, or other early care or
education programs. Most Part C early
intervention programs that responded
said they have never linked their Part C
data to their Part B preschool special
education data.6
This proposed priority would directly
address the increased expectations and
capacity challenges Part C early
intervention and Part B preschool
special education programs face with
respect to effectively and efficiently
collecting, reporting, analyzing, and
using high-quality IDEA data.
Proposed Priority 1:
The purpose of this proposed priority
is to fund a cooperative agreement to
establish and operate a National
Technical Assistance Center to Improve
State Capacity to Collect, Report,
Analyze, and Use Accurate Early
Childhood IDEA Data (Center).
The Center will provide TA to (1)
improve States’ capacity to collect,
report, analyze, and use high-quality
IDEA Part C data (including IDEA
section 618 Part C data and IDEA
section 616 Part C data) and IDEA Part
B preschool special education data on
children with disabilities; and (2)
enhance, streamline, and integrate
statewide, child-level early childhood
data systems (including Part C and Part
B preschool special education data
systems) to address critical policy
questions that will facilitate program
improvement, improve compliance
accountability, and improve outcomes
or results for children served under Part
C and Part B preschool special
education programs. These Part C early
intervention and Part B preschool
special education data systems must
allow the States to (1) effectively and
efficiently respond to all IDEA-related
data submission requirements (e.g., Part
C section 616 and 618 data and Part B
preschool special education data); (2)
respond to critical policy questions that
will facilitate program improvement and
6 Perez, N., & Mercier, B. (2022). 2021 DaSy data
systems (State of the States) survey findings. SRI
International. https://dasycenter.org/wp-content/
uploads/2022/12/DaSy_2021DaSyDataSystems
SurveyFindings_Acc.pdf.
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compliance accountability; and (3)
comply with applicable privacy
requirements, including the privacy and
confidentiality requirements under Parts
B and C of IDEA and applicable
provisions of the Family Educational
Rights and Privacy Act (20 U.S.C.
1232g) and its regulations at 34 CFR part
99.7 The Center must achieve, at a
minimum, the following expected
outcomes:
(a) Increased capacity of States to
collect, report, analyze, and use highquality IDEA Part C data (including
IDEA section 616 Part C data and
section 618 Part C data);
(b) Increased capacity of States to
collect, report, analyze, and use highquality IDEA Part B preschool special
education data;
(c) Increased number of States with
data system integration plans that
consider the linking of Part C and Part
B preschool special education data (that
comply with all applicable privacy
laws) and using such integrated or
linked Part C early intervention and Part
B preschool special education data to
improve program compliance and
accountability;
(d) Increased number of States that
use their Part C early intervention and
Part B preschool special education data
system to identify and answer critical
State-determined policy questions to
drive program improvement, improve
results for children with disabilities,
and improve compliance accountability;
(e) Increased capacity of States to use
available integrated or linked Part C
early intervention and Part B preschool
special education data and/or early
childhood integrated data systems to
analyze high-quality data on the
participation and outcomes of infants,
toddlers, and children with disabilities
served under IDEA who may also
participate in other programs (e.g.,
childcare, Early Head Start, Head Start,
child care, publicly funded preschool,
and home visiting programs);
(f) Increased number of States with
data system integration plans that
consider linking of Part C and Part B
preschool special education data
systems to other statewide longitudinal
and early learning data systems and
ensure that such linkages comply with
all applicable privacy laws;
7 The Center must review the need for additional
resources (with input from the Department) and
disseminate existing resources developed by the
Department, such as: (1) Understanding the
Confidentiality Requirements Applicable to IDEA
Early Childhood Programs (October 2016); (2)
IDEA/FERPA Crosswalk (Surprenant & Miller,
August 24, 2022); (3) Webinars such as Navigating
IDEA and FERPA To Protect Privacy in Today’s
Early Childhood World (September 22, 2023); and
(4) Data sharing agreement template.
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(g) Increased capacity of States to
implement and document Part C and
Part B preschool special education data
management policies and procedures
and data system integration activities
and to develop a sustainability plan to
continue this data management and data
system integration work in the future;
(h) Increased capacity of States to
address personnel training needs to
meet the Part C and Part B preschool
special education data collection and
reporting requirements under sections
616 and 618 of IDEA through
development of effective tools (e.g.,
training modules) and resources (e.g.,
new Part C Data Managers resources), as
well as providing opportunities for inperson and virtual cross-State training
for personnel in State and local
programs and agencies regarding Part C
early intervention and Part B preschool
special education data collection and
reporting requirements; and
(i) Increased capacity of States to
collect, report, analyze, and use Part C
and Part B preschool special education
data to support equitable identification,
access, services, outcomes, and impact
of early intervention and preschool
special education and related services
on infants, toddlers, and young children
receiving services under IDEA.
In addition, the Center must provide
a range of targeted and general TA
products and services for improving
States’ capacity to link and integrate
their Part C early intervention and Part
B preschool special education data with
data/data systems associated with other
Federal programs that support infants,
toddlers, and young children and their
families in order to report high-quality
Part C data and Part B preschool special
education data required under sections
616 and 618 of IDEA, drive program
improvement, improve results for
children with disabilities, and improve
compliance accountability. Such TA
must include, at a minimum, in Years
2 through 5:
(a) In partnership with the
Department, developing an open-source
electronic tool to assist States in linking
and integrating their Part C early
intervention and Part B preschool
special education data with other data/
data systems associated with other
Federal programs that support infants,
toddlers, and young children and their
families in order to provide high-quality
reporting of the Part C data and Part B
preschool special education data
required under sections 616 and 618 of
IDEA, drive program improvement,
improve results for children with
disabilities, and improve compliance
accountability. The tool must utilize
Common Education Data Standards
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(CEDS) and meet States’ needs
associated with linking or integrating
their Part C early intervention and Part
B preschool special education data with
other data/data systems associated with
other Federal programs that support
infants, toddlers, and young children
and their families;
(b) Developing CEDS ‘‘Connections’’
to ensure the electronic tool is built for
States to conduct analyses related to
reporting the IDEA Part C data and IDEA
Part B preschool special education data
required under sections 616 and 618 of
IDEA, driving program improvement,
improving results for children with
disabilities, and improving compliance
accountability;
(c) Developing and implementing a
plan to maintain the appropriate
functionality of the open-source
electronic tool described in paragraph
(a) of this section as changes are made
to data reporting requirements and
CEDS;
(d) Conducting TA on data
governance to facilitate the use of the
open-source electronic tool and
providing training to State staff to
implement the open-source electronic
tool; and
(e) Supporting a user group of States
that are using an open-source electronic
tool for reporting the IDEA Part C data
and IDEA Part B preschool special
education data required under sections
616 and 618 of IDEA.
In addition to these programmatic
requirements, to be considered for
funding under this priority, applicants
must meet the application and
administrative requirements under
Proposed Priority 1 and Proposed
Priority 2 Common Elements.
Proposed Priority 2: Technical
Assistance To Improve State Capacity
To Collect, Report, Analyze, and Use
Accurate Child Find Data For Infants
and Toddlers.
Background: The purpose of this
proposed priority is to establish a TA
center to provide TA to increase the
capacity of States to collect, report,
analyze, and use data available to States
to improve their Part C child find data
and efforts that they report through their
Part C SPP/APR.
On October 5, 2023, the U.S.
Government Accountability Office
(GAO) issued a report ‘‘Special
Education: Additional Data Could Help
Early Intervention Programs Reach More
Eligible Infants and Toddlers’’ noting
variation across racial groups at each
step of the identification and enrollment
process for early intervention services
under Part C of IDEA (GAO–24–
106019)(2023 GAO IDEA Part C Child
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13297
Find Report).8 Based on an analysis of
data from 16 States, GAO found that the
percentage of infants and toddlers who
engaged in the first two steps (from
referred to evaluated) differed widely by
race. However, the percentage of infants
and toddlers who engaged in the third
to the fourth step (from eligible to
enrolled) looked similar across races.
For example, the percentage of infants
and toddlers who were referred and
subsequently received an evaluation
ranged from 59 percent for American
Indian and Alaska Native children to 86
percent for Asian children (a 27
percentage-point difference). In contrast,
the percentage of those determined
eligible and subsequently enrolled
ranged from 91 percent for American
Indian or Alaska Native children to 95
percent for Asian and White children (a
four percentage-point difference).
Specifically, the 2023 GAO IDEA Part
C Child Find Report had one matter for
Congress and one recommendation for
the Department, to which the
Department agreed. GAO recommended
that the Department encourage all States
to use demographic data they already
collect to maximize children’s access to
Part C early intervention services. In its
September 13, 2023 response, the
Department noted its plans to
implement this recommendation. The
Department has established that,
beginning with the Federal fiscal year
(FFY) 2023 SPP/APR that States submit
in February 2024, all States should
report under SPP/APR child find
indicators C–5 and C–6 on their root
cause analysis of their child find efforts
by using all data available to the State
and not just the child find data reported
under SPP/APR Indicators C–5 and C–
6.9 Additionally, beginning with the
FFY 2023 SPP/APR, a State must report
this root cause analysis if the State
shows slippage in the FFY 2023 data it
reports under SPP/APR indicators C–5
and C–6.10
8 The GAO Report and the Department’s response
concurring with the recommendation can be found
at www.gao.gov/assets/d24106019.pdf.
9 Per the Part C State Performance Plan and
Annual Performance Report (Part C SPP/APR)
General Instructions, ‘‘If a State is required to report
on the reasons for slippage, then the State must
include the results of its analysis under the
‘‘Additional Information’’ section of Indicators 5
and 6.’’ Part C State Performance Plan and Annual
Performance Report (Part C SPP/APR)—General
Instructions—For Federal Fiscal Year 2023
Submission.
10 For the FFY 2023 SPP/APR Indicators C–5 and
C–6, the Department noted that ‘‘to improve the
analysis of whether States are identifying children
who need services as early as possible, States
should conduct root cause analyses of child find
identification rates, including reviewing data (if
available) on the number of children referred,
evaluated, and identified. This root cause analysis
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Though many State Part C programs
already use demographic data on infants
and toddlers to identify disparities and
improve access to Part C services, not all
States have implemented similar
analyses of other data that can affect
child find identification rates. Analysis
of child find data that could be relevant
would include not only analysis of race
and ethnicity data reported under IDEA
section 618, but would also include
analysis of other child-find related data
available to the State (such as
geographic location, family income, and
primary language). Conducting analyses
of these other child find-related data
would enable all State Part C programs
to better identify and serve infants and
toddlers who are eligible for, and need
services under, Part C of IDEA. To
support equitable access to early
intervention services under Part C of
IDEA, this proposed priority would
provide TA to States as they begin
reporting on their root cause analyses
using all available child find-related
data to improve their data analyses,
child find efforts, and children’s access
to early intervention services under Part
C of IDEA.
Proposed Priority 2:
The purpose of this priority is to fund
TA to increase the capacity of States to
collect, report, analyze, and use
available data to improve the Part C
child find data they report through their
Part C SPP/APR.
The Center must achieve, at a
minimum, the following expected
outcomes:
(a) Increased capacity of States to
collect, report, analyze, and use
available data to improve the Part C
child find data (including IDEA section
616 Part C data for indicators C5 and C6
and section 618 Part C data);
(b) Increased number of States that
have the capacity to identify, for
children served under IDEA Part C,
other data they may collect (such as
number of infants and toddlers: referred;
screened; evaluated; eligible; and
enrolled in early intervention services
under Part C) by various characteristics
of the child, including, at a minimum:
race, ethnicity, home language, gender,
may include examining not only demographic data
(such as race and ethnicity data reported under
IDEA section 618 and Indicators C–5 and C–6), but
also other child-find related data available to the
State (such as geographic location, family income,
primary language, etc.). The State should report the
results of its analysis under the ‘‘Additional
Information’’ section of the Indicators C–5 and C–
6. Furthermore, if a State is required to report on
the reasons for slippage, then the State must
include the results of its analysis under the
‘‘Additional Information’’ section of the Indicators
C–5 and C–6.’’ See, https://omb.report/icr/2023051820-001/doc/131687100.
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socio-economic status, and geographic
location;
(c) Increased number of States that
have the capacity to conduct a root
cause analysis of available child find
data to better identify disparities among
demographic groups and potential
barriers to enrollment in early
intervention services under Part C of
IDEA; and
(d) Increased number of States that
have the capacity to use their IDEA and
non-IDEA Part C child find data to
improve the child find processes at the
State and local program levels.
In addition to these program
requirements, to be considered for
funding under this proposed priority,
applicants must meet the application
and administrative requirements under
Proposed Priority 1 and Proposed
Priority 2 Common Elements.
Proposed Priority 1 and Proposed
Priority 2 Common Elements:
In addition to the program
requirements contained in both
priorities, to be considered for funding
applicants must meet the following
application and administrative
requirements, which are:
(a) Demonstrate, in the narrative
section of the application under
‘‘Significance,’’ how the proposed
project will—
(1) Address State challenges
associated with early childhood data
management and data system
integration, including implementing
early childhood data system integration
and improvements; enhancing and
streamlining Part C early intervention
and Part B preschool special education
data systems to respond to critical
policy questions; using ECIDS for
program improvement and compliance
accountability for Part C early
intervention and Part B preschool
special education programs; reporting
high-quality IDEA Part C data (including
IDEA section 616 Part C data and
section 618 Part C data) and IDEA Part
B preschool special education data to
the Department and the public; and
analyzing Part C child find data to
improve equitable access to Part C early
intervention services. To meet this
requirement the applicant must—
(i) Present applicable national, State,
or local data demonstrating the
challenges of States to implement
effective early childhood data
management policies and procedures
and data system integration activities,
including integrating early childhood
data systems across IDEA programs,
other early learning programs, and other
educational programs for school-aged
students; linking Part C and Part B
preschool special education program
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data; using their Part C and Part B
preschool special education data
systems to respond to critical Statedetermined policy questions for
program improvement and compliance
accountability; and collecting, reporting,
analyzing, and using Part C child find
data to improve equitable access to Part
C early intervention services;
(ii) Demonstrate knowledge of current
educational and technical issues and
policy initiatives relating to early
childhood data management and data
system integration, data use, data
privacy, Part C IDEA sections 616 and
618 data, Part C child find data, Part B
preschool special education data, and
Part C and Part B preschool special
education data systems; and
(iii) Present information about the
current level of implementation of
integrating or linking Part C and Part B
preschool special education data
systems; integrating or linking Part C
and/or Part B preschool special
education data systems with other early
learning data systems; using Part C and
Part B preschool special education data
systems to respond to critical Statedetermined policy questions; and
collecting, reporting, analyzing, and
using high-quality IDEA Part C data
(including IDEA section 616 Part C data
and section 618 Part C data) and IDEA
Part B preschool special education data;
and
(2) Improve early childhood data
management policies and procedures
and data system integration activities
used to collect, report, and analyze
high-quality Part C and Part B preschool
special education data (including Part C
child find data); to integrate or link Part
C and Part B preschool special
education data systems as well as
integrate or link these data with data on
children participating in other early
learning programs and data on schoolaged children; and to develop and use
robust early childhood data systems to
answer critical State-determined policy
questions; and indicate the likely
magnitude or importance of the
improvements.
(b) Demonstrate, in the narrative
section of the application under
‘‘Quality of project services,’’ how the
proposed project will—
(1) Ensure equal access and treatment
for members of groups that have
traditionally been underrepresented
based on race, color, national origin,
gender, age, or disability. To meet this
requirement, the applicant must
describe how it will—
(i) Identify the needs of the intended
recipients for TA and information; and
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(ii) Ensure that products and services
meet the needs of the intended
recipients of the grant;
(2) Achieve its goals, objectives, and
intended outcomes. To meet this
requirement, the applicant must
provide—
(i) Measurable intended project
outcomes; and
(ii) In appendix A, the logic model (as
defined in 34 CFR 77.1) by which the
proposed project will achieve its
intended outcomes, which depicts, at a
minimum, the goals, activities, outputs,
and intended outcomes of the proposed
project;
(3) Use a conceptual framework (and
provide a copy in appendix A) 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;
Note: The following websites provide
more information on logic models and
conceptual frameworks: https://
osepideasthatwork.org/sites/default/
files/2021-12/ConceptualFramework_
Updated.pdf and
www.osepideasthatwork.org/resourcesgrantees/program-areas/ta-ta/tadproject-logic-model-and-conceptualframework.
(4) Be based on current research and
make use of evidence-based 11 practices
(EBPs). To meet this requirement, the
applicant must describe—
(i) The current research on early
childhood data management and data
system integration, and related EBPs;
and
(ii) How the proposed project will
incorporate current research and EBPs
in the development and delivery of its
products and services;
(5) 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 and
develop the knowledge base on early
childhood data management and data
system integration;
(ii) Its proposed approach to
universal, general TA,12 which must
11 For purposes of these requirements,’’evidencebased’’ means, at a minimum, demonstrating a
rationale (as defined in 34 CFR 77.1) based on highquality research findings or positive evaluation that
such activity, strategy, or intervention is likely to
improve student outcomes or other relevant
outcomes.
12 ‘‘Universal, general TA’’ means TA and
information provided to independent users through
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identify the intended recipients,
including the type and number of
recipients, that will receive the products
and services under this approach; and
(iii) Its proposed approach to targeted,
specialized TA,13 which must identify—
(A) The intended recipients,
including the type and number of
recipients, that will receive the products
and services under this approach;
(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 State and local levels;
and
(C) The process by which the
proposed project will collaborate with
OSEP-funded centers and other
federally funded TA centers to develop
and implement a coordinated TA plan
when the work of the center or centers
overlaps with the proposed project; and
(iv) Its proposed approach to
intensive, sustained TA,14 which must
identify—
(A) The intended recipients,
including the type and number of
recipients, that will receive the products
and services under this approach;
(B) Its proposed approach to
addressing States’ challenges associated
with limited resources to engage in early
childhood data system integration and
enhancement activities that streamline
the established Part C and Part B
preschool special education data
systems to respond to critical policy
questions and to report high-quality
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 website by independent users.
Brief communications by TA center staff with
recipients, either by telephone or email, are also
considered universal, general TA.
13 ‘‘Targeted, specialized TA’’ means TA services
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.
14 ‘‘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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13299
IDEA data to the Department and the
public, which must, at a minimum,
include providing on-site consultants to
the State lead agency (LA) or State
educational agency (SEA) to—
(1) Model and document data
management and data system
integration policies, procedures,
processes, and activities within the
State;
(2) Develop and adapt tools and
provide technical solutions to meet
State-specific data needs; and
(3) Develop a sustainability plan for
the State to continue the data
management and data system
integration work in the future;
(C) Its proposed approach to measure
the readiness of the State LA and SEA
personnel to work with the project,
including their commitment to the
initiative, alignment of the initiative to
their needs, current infrastructure,
available resources, and ability to build
capacity at the State and local program
and district levels;
(D) Its proposed approach to
prioritizing TA recipients with a
primary focus on meeting the needs of
States with known ongoing data quality
issues, as measured by OSEP’s review of
the quality of the IDEA sections 616 and
618 data;
(E) Its proposed plan for assisting
State LAs and SEAs to build or enhance
training systems that include
professional development based on
adult learning principles and coaching;
(F) Its proposed plan for working with
appropriate levels of the education
system (e.g., State LAs, SEAs, regional
TA providers, districts, local programs,
families) to ensure that there is
communication between each level and
that there are systems in place to
support the collection, reporting,
analysis, and use of high-quality IDEA
Part C data (including IDEA section 616
Part C data, section 618 Part C data, and
Part C child find data) and IDEA Part B
preschool special education data as well
as early childhood data management
and data system integration; and
(G) Its proposed plan for collaborating
and coordinating with the National
Technical Assistance Center to Improve
State Capacity to Collect, Report,
Analyze, and Use Accurate IDEA Part B
Data, Early Childhood Technical
Assistance Center, other Departmentfunded TA investments, other federally
funded TA investments, and Institute of
Education Sciences/National Center for
Education Statistics research and
development investments, where
appropriate, in order to align
complementary work and jointly
develop and implement products and
services to meet the purposes of this
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priority and to develop and implement
a coordinated TA plan when they are
involved in a State; and
(6) Develop products and implement
services that maximize efficiency. To
address this requirement, the applicant
must describe—
(i) How the proposed project will use
technology to achieve the intended
project outcomes;
(ii) With whom the proposed project
will collaborate and the intended
outcomes of this collaboration; and
(iii) How the proposed project will
use non-project resources to achieve the
intended project outcomes.
(c) In the narrative section of the
application under ‘‘Quality of the
project evaluation,’’ include an
evaluation plan for the project
developed in consultation with and
implemented by a third-party
evaluator.15 The evaluation plan must—
(1) Articulate formative and
summative evaluation questions,
including important process and
outcome evaluation questions. These
questions should be related to the
project’s proposed logic model required
in paragraph (b)(2)(ii) of these
application and administrative
requirements;
(2) Describe how progress in and
fidelity of implementation, as well as
project outcomes, will be measured to
answer the evaluation questions.
Specify the measures and associated
instruments or sources for data
appropriate to the evaluation questions.
Include information regarding reliability
and validity of measures where
appropriate;
(3) Describe strategies for analyzing
data and how data collected as part of
this plan will be used to inform and
improve service delivery over the course
of the project and to refine the proposed
logic model and evaluation plan,
including subsequent data collection;
(4) Provide a timeline for conducting
the evaluation and include staff
assignments for completing the plan.
The timeline must indicate that the data
will be available annually for the APR
and at the end of Year 2; and
(5) Dedicate sufficient funds in each
budget year to cover the costs of
developing or refining the evaluation
plan in consultation with a third-party
evaluator, as well as the costs associated
with the implementation of the
15 A ‘‘third-party’’ evaluator is an independent
and impartial program evaluator who is contracted
by the grantee to conduct an objective evaluation
of the project. This evaluator must not have
participated in the development or implementation
of any project activities, except for the evaluation
activities, nor have any financial interest in the
outcome of the evaluation.
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evaluation plan by the third-party
evaluator.
(d) Demonstrate, in the narrative
section of the application under
‘‘Adequacy of 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 and funds will be spent in a
way that increases their efficiency and
cost-effectiveness, including by
reducing waste or achieving better
outcomes.
(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) 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,
relevant, and useful to recipients; and
(4) The proposed project will benefit
from a diversity of perspectives,
including those of families, educators,
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, personnelloading charts and timelines, as
applicable, to illustrate the management
plan described in the narrative;
(2) Include, in the budget, attendance
at the following:
(i) A one and one-half day kick-off
meeting in Washington, DC, after receipt
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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.
(ii) A three-day project directors’
conference in Washington, DC, during
each year of the project period, provided
that, if the conference is conducted
virtually, the project must reallocate
unused travel funds no later than the
end of the third quarter of each budget
period.
(iii) Three annual two-day trips to
attend Department briefings,
Department-sponsored conferences, and
other meetings, as requested by OSEP;
(3) Provide an assurance that the
project will—
(i) Reallocate unused travel funds no
later than the end of the third quarter if
the kick-off or planning meetings are
conducted virtually; and
(ii) Within 30 days of receipt of the
award, participate in a post-award
teleconference between the OSEP
project officer and the grantee’s project
director or other authorized
representative;
(4) 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, and approved by, the
OSEP project officer. 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;
(5) Budget at least 50 percent of the
grant award for providing targeted and
intensive TA to States;
(6) Provide an assurance that it will
maintain a high-quality website, with an
easy-to-navigate design, that meets
government or industry-recognized
standards for accessibility; and
(7) Include, in appendix A, an
assurance to assist OSEP with the
transfer of pertinent resources and
products and to maintain the continuity
of services to States during the
transition to this new award period and
at the end of this award period, as
appropriate.
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
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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 Priorities and Requirements:
We will announce the final priorities
and requirements in a document in the
Federal Register. We will determine the
final priorities and requirements after
considering public comments on the
proposed priorities and requirements
and other information available to the
Department. This document does not
preclude us from proposing additional
priorities, requirements, definitions, or
selection criteria, subject to meeting
applicable rulemaking requirements.
Note: This document does not solicit
applications. In any year in which we
choose to use these proposed priorities
and one or more of these requirements,
we invite applications through a notice
in the Federal Register.
Executive Orders 12866, 13563, and
14094
Regulatory Impact Analysis
Under Executive Order 12866, the
Office of Management and Budget
(OMB) determines 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, as amended by
Executive Order 14094, 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 $200 million or more
(adjusted every three years by the
Administrator of Office of Information
and Regulatory Affairs (OIRA) for
changes in gross domestic product); or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, territorial, or Tribal
governments or communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
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(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
for which centralized review would
meaningfully further the President’s
priorities, or the principles set forth in
this Executive order, as specifically
authorized in a timely manner by the
Administrator of OIRA in each case.
This proposed regulatory action is not
a significant regulatory action subject to
review by OMB under section 3(f) of
Executive Order 12866, as amended by
Executive Order 14094.
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, as amended by
Executive Order 14094. 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 these proposed
priorities and requirements only on a
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13301
reasoned determination that their
benefits would justify their costs. In
choosing among alternative regulatory
approaches, we selected those
approaches that would 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 also have determined that this
regulatory action would not unduly
interfere with State, local, and Tribal
governments in the exercise of their
governmental functions.
In accordance with these 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.
Clarity of the Regulations
Executive Order 12866 and the
Presidential memorandum ‘‘Plain
Language in Government Writing’’
require each agency to write regulations
that are easy to understand.
The Secretary invites comments on
how to make these proposed priorities
and requirements easier to understand,
including answers to questions such as
the following:
• Are the requirements in the
proposed priorities and requirements
clearly stated?
• Do the proposed priorities and
requirements contain technical terms or
other wording that interferes with their
clarity?
• Does the format of the proposed
priorities and requirements (grouping
and order of sections, use of headings,
paragraphing, etc.) aid or reduce their
clarity?
• Would the proposed priorities and
requirements be easier to understand if
we divided them into more (but shorter)
sections?
• Could the description of the
proposed priorities and requirements in
the SUPPLEMENTARY INFORMATION section
of this preamble be more helpful in
making the proposed priorities and
requirements easier to understand? If so,
how?
• What else could we do to make the
proposed priorities and requirements
easier to understand?
To send any comments about how the
Department could make these proposed
priorities and requirements easier to
understand, see the instructions in the
ADDRESSES section.
Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
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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.
Regulatory Flexibility Act
Certification: The Secretary certifies that
these proposed priorities and
requirements would not have a
significant economic impact on a
substantial number of small entities.
The small entities that this proposed
regulatory action would affect are LEAs,
including charter schools that operate as
LEAs under State law; institutions of
higher education; other public agencies;
private nonprofit organizations; freely
associated States and outlying areas;
Indian Tribes or Tribal organizations;
and for-profit organizations. We believe
that the costs imposed on applicants by
the proposed priorities and
requirements would be limited to
paperwork burden related to preparing
an application and that the benefits
would outweigh any costs incurred by
applicants.
Participation in the Technical
Assistance on State Data Collection
program is voluntary. For this reason,
the proposed priorities and
requirements would impose no burden
on small entities unless they applied for
funding under the program. We expect
that in determining whether to apply for
Technical Assistance on State Data
Collection program funds, an eligible
entity would evaluate the requirements
of preparing an application and any
associated costs and weigh them against
the benefits likely to be achieved by
receiving a Technical Assistance on
State Data Collection program grant. An
eligible entity probably would apply
only if it determines that the likely
benefits exceed the costs of preparing an
application.
We believe that these proposed
priorities and requirements would not
impose any additional burden on a
small entity applying for a grant than
the entity would face in the absence of
the proposed action. That is, the length
of the applications those entities would
submit in the absence of the proposed
regulatory action and the time needed to
prepare an application would likely be
the same.
This proposed regulatory action
would not have a significant economic
impact on a small entity once it receives
a grant because it would be able to meet
the costs of compliance using the funds
VerDate Sep<11>2014
16:47 Feb 21, 2024
Jkt 262001
provided under this program. We invite
comments from eligible small entities as
to whether they believe this proposed
regulatory action would have a
significant economic impact on them
and, if so, request evidence to support
that belief.
Paperwork Reduction Act of 1995
These proposed priorities and
requirements contain information
collection requirements that are
approved by OMB under OMB control
number 1820–0028. The proposed
priorities and requirements do not affect
the currently approved data collection.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document in an accessible format.
The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape, or
compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. 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 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.
Glenna Wright-Gallo,
Assistant Secretary for Special Education and
Rehabilitative Services.
[FR Doc. 2024–03631 Filed 2–21–24; 8:45 am]
BILLING CODE 4000–01–P
PO 00000
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2024–0027; FRL–11418–
01–R3]
Air Plan Approval; Virginia; Revision
Listing and Implementing the 2010
Primary Sulfur Dioxide National
Ambient Air Quality Standard for the
Giles County Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the Commonwealth of
Virginia (Commonwealth or Virginia).
This revision consists of an amendment
to the list of Virginia nonattainment
areas to include a newly designated
sulfur dioxide (SO2) nonattainment area.
This action is being taken under the
Clean Air Act (CAA).
DATES: Written comments must be
received on or before March 25, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2024–0027 at
www.regulations.gov, or via email to
Gordon.Mike@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Serena Nichols, Planning &
Frm 00014
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Agencies
[Federal Register Volume 89, Number 36 (Thursday, February 22, 2024)]
[Proposed Rules]
[Pages 13294-13302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03631]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2024-OSERS-0001]
Proposed Priorities and Requirements--Technical Assistance on
State Data Collection--National Technical Assistance Center To Improve
State Capacity To Collect, Report, Analyze, and Use Accurate Early
Childhood IDEA Data
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Proposed priorities and requirements.
-----------------------------------------------------------------------
SUMMARY: The Department of Education (Department) proposes priorities
and requirements for a National Technical Assistance Center To Improve
State Capacity To Collect, Report, Analyze, and Use Accurate Early
Childhood IDEA Data (Center) under the Technical Assistance on State
Data Collection program, Assistance Listing Number (ALN) 84.373Z. The
Department may use these priorities and requirements for competitions
in fiscal year (FY) 2024 and later years. We take this action to
identify the national need to provide technical assistance (TA) to
improve the capacity of States to meet the early childhood data
collection and reporting requirements under Part B and Part C of the
Individuals with Disabilities Education Act (IDEA).
DATES: We must receive your comments on or before May 7, 2024.
ADDRESSES: Comments must be submitted via the Federal eRulemaking
Portal at www.regulations.gov. However, if you require an accommodation
or cannot otherwise submit your comments via www.regulations.gov,
please contact the program contact person listed under FOR FURTHER
INFORMATION CONTACT. The Department will not accept comments submitted
by fax or by email, or comments submitted after the comment period
closes. To ensure the Department does not receive duplicate copies,
please submit your comments only once. 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
``FAQ.''
Note: The Department's policy is generally to make 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: Meredith Miceli, U.S. Department of
Education, 400 Maryland Avenue SW, Room 4A10, Washington, DC 20202.
Telephone: (202) 987-0135. Email: [email protected].
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
the proposed priorities and requirements. To ensure that your comments
have maximum effect in developing the final priorities and
requirements, we urge you to identify clearly the specific section of
the proposed priorities and requirements that each comment addresses.
Directed Question: Given that Congress has not yet enacted an
appropriation for FY 2024, the Department is considering whether it may
use a phased-in funding approach to this investment, with smaller
awards in the initial years of the project and higher awards in later
years. The Department requests specific public comment on the extent to
which such an approach would require substantive changes to the
proposed priority and whether there are particular areas of focus
(e.g., data sharing templates, data analyses tools) that may benefit
from a phased-in approach.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866, 13563, and 14094 and their
overall requirement of reducing regulatory burden that might result
from these proposed priorities and requirements. 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.
During and after the comment period, you may inspect public
comments about the proposed priorities and requirements by accessing
Regulations.gov. To inspect comments in person, please contact the
person listed under FOR FURTHER INFORMATION CONTACT.
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
[[Page 13295]]
disability who needs assistance to review the comments or other
documents in the public rulemaking record for these proposed priorities
and requirements. 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 IDEA data collection and reporting requirements. Funding for the
program is authorized under section 611(c)(1) of IDEA, which gives the
Secretary authority to reserve not more than one-half of one percent of
the amounts appropriated under Part B for each fiscal year to provide
TA activities, where needed, to improve the capacity of States to meet
the data collection and reporting requirements under Parts B and C of
IDEA. The maximum amount the Secretary may reserve under this set-aside
for any fiscal year is $25,000,000, cumulatively adjusted by the rate
of inflation. 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 sections 616
and 642 of IDEA 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, which include the data collection and reporting
requirements in sections 616 and 618 of IDEA. In addition, the
Consolidated Appropriations Act, 2023, Public Law 117-328, gives the
Secretary authority to use funds reserved under section 611(c) of IDEA
to ``administer and carry out other services and activities to improve
data collection, coordination, quality, and use under Parts B and C of
the IDEA.'' Consolidated Appropriations Act, 2023, Public Law 117-328,
Division H, Title III, 136 Stat. 4459, 4891 (2022).
Program Authority: 20 U.S.C. 1411(c), 1416(i), 1418(c), 1418(d),
1442; Consolidated Appropriations Act, 2023, Public Law 117-328,
Division H, Title III, 136 Stat. 4459, 4891 (2022).
Applicable Program Regulations: 34 CFR 300.702.
Proposed Priorities
This document contains two proposed priorities.
Proposed Priority 1: National Technical Assistance Center To
Improve State Capacity To Collect, Report, Analyze, and Use Accurate
Early Childhood IDEA Data.
Background:
The purpose of this proposed priority is to establish a TA center
to provide TA to (1) improve States' capacity to collect, report,
analyze, and use high-quality IDEA Part C early intervention data
(including IDEA section 618 Part C data and section 616 Part C data)
and IDEA Part B preschool special education data \1\ (limited to Part B
preschool data elements required under IDEA sections 616 and 618 \2\);
and (2) enhance, streamline, and integrate statewide, child-level early
childhood data systems (including Part C and Part B preschool special
education data systems) to address critical policy questions that would
facilitate program improvement and improve compliance accountability
and outcomes or results for children served under Part C early
intervention and Part B preschool special education programs.
---------------------------------------------------------------------------
\1\ Throughout this document, ``IDEA Part B preschool special
education data'' refers to IDEA Part C data (including IDEA section
618 Part C data and IDEA section 616 Part C data) and IDEA Part B
preschool special education data on children with disabilities, ages
3 through 5, required under section 616 of IDEA for those indicators
that are not solely based on IDEA section 618 data (e.g., SPP/APR
Indicators B7 (Preschool Children with Improved Outcomes) and B12
(Transition from Part C to Part B).
\2\ TA on the other Part B data required under sections 616 and
618 of IDEA would be provided through the proposed priority in the
notice of proposed priority and requirements for the National
Technical Assistance Center to Improve State Capacity to Collect,
Report, Analyze, and Use Accurate IDEA Part B Data (ALN 84.373Y).
---------------------------------------------------------------------------
Recently, there have been increased expectations for State Part C
early intervention and Part B preschool special education programs to
collect, report, analyze, and use high-quality data. State-level staff
in Part C early intervention and Part B preschool special education
programs are expected to report higher quality data, be able to provide
more in-depth explanations of the data, use the data to improve
programs, compliance, and general supervision of Part C early
intervention and Part B preschool special education programs, and
present the data in an understandable fashion to all data users,
including novice data users. Under the EDFacts Modernization Project,
which began with the submission of the 2022-23 IDEA section 618 data,
the Office of Special Education Programs (OSEP) is expecting States to
conduct data quality work prior to the due date for States to submit
their data; this work was previously completed by OSEP after the due
date. Additionally, beginning with the Federal fiscal year 2022 State
Performance Plan/Annual Performance Report (SPP/APR) (submitted in
2024), State Part C early intervention programs must report additional
data and information to support the assumption that the data reported
for indicator C4 (Family Involvement) \3\ are representative of those
infants and toddlers with disabilities and their families receiving
services in their State. Also, State-level staff in Part C early
intervention and Part B preschool special education programs are
expected to analyze and use data to support and provide evidence of
compliance with requirements of IDEA and improvement of results for
children with disabilities through OSEP's Differentiated Monitoring and
Support as part of the results-driven accountability system. Finally,
there is an expectation that States present their data in a format that
engages stakeholders to participate in important discussions about
program improvement and accountability compliance.
---------------------------------------------------------------------------
\3\ Indicator C4 requires States to report on the percent of
families participating in Part C who report that early intervention
services have helped the family: (a) know their rights; (b)
effectively communicate their children's needs; and (c) help their
children develop and learn.
---------------------------------------------------------------------------
As IDEA data expectations have evolved and increased, there is a
need to support both experienced and new data staff who work in Part C
early intervention and Part B preschool special education programs. In
2023, approximately 17 percent of the State data managers for Part C
early intervention programs had been in the job less than a year and
approximately 23 percent had only been in the job between one and three
years. The IDEA Infants and Toddlers Coordinators Association (ITCA)
reported that 51 percent of Part C coordinators have been in the
position for two years or less in their 2022 Tipping Points Survey
(ITCA, 2022).\4\ In 2023, approximately 59 percent of Part B preschool
special education coordinators had three or less years of experience
(Early Childhood Technical Assistance Center, 2023).\5\ Due to the
continued turnover among Part C early intervention and Part B preschool
special education staff, there is a need to support new and novice
staff to collect, report, analyze, and appropriately use the IDEA data.
---------------------------------------------------------------------------
\4\ For more information on ITCA's 2022 Tipping Points Survey,
please go to 2022 Tipping Points Survey (ideainfanttoddler.org).
www.ideainfanttoddler.org/pdf/2022-Tipping-Points-Survey.pdf.
\5\ Early Childhood Technical Assistance Center. (2023). Part B,
section 619 National Survey 2023. https://ectacenter.org/sec619/sec619survey.asp.
---------------------------------------------------------------------------
Due to increased expectations on the collection, reporting,
analysis, and use of IDEA data and staff turnover, there is a need to
find efficient, effective, and user-friendly approaches to conducting
[[Page 13296]]
the early childhood IDEA data work. Improved data management processes,
as well as the growing development of linked and integrated child-level
data in Part C data systems, Part B preschool special education data
systems, other early learning program data systems, and statewide
longitudinal data systems for school-aged children, are key approaches
for States in meeting these increased expectations. States need to
establish and implement effective early childhood data management and,
where appropriate, data system integration policies and procedures to
support program improvement, compliance accountability, and Federal and
public reporting. Improved policies and procedures would allow States,
where appropriate, to link or integrate child-level data in Part C data
systems, Part B preschool special education data systems, other early
learning program data systems, and statewide longitudinal data systems
for school-aged children. An early childhood integrated data system
(ECIDS) could help States to identify what works best to improve
outcomes for young children in their States. For instance, an ECIDS
provides the opportunity for States to assess which characteristics of
services are related to better outcomes for children and families or
the relationship between early childhood setting and early childhood
outcomes. An ECIDS that includes data from across various early care
and education programs could also improve child find activities in the
State by identifying strong referral sources and those where more
outreach may be needed. An ECIDS could also help States determine the
other early care and education programs that young children with
disabilities and their families are participating in, allowing States
to maximize efficiency in the operation of the early intervention or
early childhood special education program while maintaining or
improving outcomes.
Building robust ECIDSs that include Part C early intervention data
and Part B preschool special education data would improve responses to
critical policy questions, facilitate program improvement, and improve
compliance accountability for Part C early intervention and Part B
preschool special education programs. This level of integration would
help ensure that States report high-quality IDEA data to the Department
and the public.
Though some improvements have been made over the last 10 years in
linking and integrating Part C early intervention and Part B preschool
special education data to data from other early learning programs, K-12
data systems, and the workforce, as well as longitudinally over time,
the percent of State programs that report they can make these linkages
remained low in 2021. Less than 40 percent of Part C early intervention
and Part B preschool special education programs that responded said
they can link their child-level data to their workforce data. Less than
30 percent of Part C early intervention programs that responded said
their State links Part C child-level data to Early Head Start, Head
Start, State Pre-K, childcare programs, home visiting programs, or
other early care or education programs. Most Part C early intervention
programs that responded said they have never linked their Part C data
to their Part B preschool special education data.\6\
---------------------------------------------------------------------------
\6\ Perez, N., & Mercier, B. (2022). 2021 DaSy data systems
(State of the States) survey findings. SRI International. https://dasycenter.org/wp-content/uploads/2022/12/DaSy_2021DaSyDataSystemsSurveyFindings_Acc.pdf.
---------------------------------------------------------------------------
This proposed priority would directly address the increased
expectations and capacity challenges Part C early intervention and Part
B preschool special education programs face with respect to effectively
and efficiently collecting, reporting, analyzing, and using high-
quality IDEA data.
Proposed Priority 1:
The purpose of this proposed priority is to fund a cooperative
agreement to establish and operate a National Technical Assistance
Center to Improve State Capacity to Collect, Report, Analyze, and Use
Accurate Early Childhood IDEA Data (Center).
The Center will provide TA to (1) improve States' capacity to
collect, report, analyze, and use high-quality IDEA Part C data
(including IDEA section 618 Part C data and IDEA section 616 Part C
data) and IDEA Part B preschool special education data on children with
disabilities; and (2) enhance, streamline, and integrate statewide,
child-level early childhood data systems (including Part C and Part B
preschool special education data systems) to address critical policy
questions that will facilitate program improvement, improve compliance
accountability, and improve outcomes or results for children served
under Part C and Part B preschool special education programs. These
Part C early intervention and Part B preschool special education data
systems must allow the States to (1) effectively and efficiently
respond to all IDEA-related data submission requirements (e.g., Part C
section 616 and 618 data and Part B preschool special education data);
(2) respond to critical policy questions that will facilitate program
improvement and compliance accountability; and (3) comply with
applicable privacy requirements, including the privacy and
confidentiality requirements under Parts B and C of IDEA and applicable
provisions of the Family Educational Rights and Privacy Act (20 U.S.C.
1232g) and its regulations at 34 CFR part 99.\7\ The Center must
achieve, at a minimum, the following expected outcomes:
---------------------------------------------------------------------------
\7\ The Center must review the need for additional resources
(with input from the Department) and disseminate existing resources
developed by the Department, such as: (1) Understanding the
Confidentiality Requirements Applicable to IDEA Early Childhood
Programs (October 2016); (2) IDEA/FERPA Crosswalk (Surprenant &
Miller, August 24, 2022); (3) Webinars such as Navigating IDEA and
FERPA To Protect Privacy in Today's Early Childhood World (September
22, 2023); and (4) Data sharing agreement template.
---------------------------------------------------------------------------
(a) Increased capacity of States to collect, report, analyze, and
use high-quality IDEA Part C data (including IDEA section 616 Part C
data and section 618 Part C data);
(b) Increased capacity of States to collect, report, analyze, and
use high-quality IDEA Part B preschool special education data;
(c) Increased number of States with data system integration plans
that consider the linking of Part C and Part B preschool special
education data (that comply with all applicable privacy laws) and using
such integrated or linked Part C early intervention and Part B
preschool special education data to improve program compliance and
accountability;
(d) Increased number of States that use their Part C early
intervention and Part B preschool special education data system to
identify and answer critical State-determined policy questions to drive
program improvement, improve results for children with disabilities,
and improve compliance accountability;
(e) Increased capacity of States to use available integrated or
linked Part C early intervention and Part B preschool special education
data and/or early childhood integrated data systems to analyze high-
quality data on the participation and outcomes of infants, toddlers,
and children with disabilities served under IDEA who may also
participate in other programs (e.g., childcare, Early Head Start, Head
Start, child care, publicly funded preschool, and home visiting
programs);
(f) Increased number of States with data system integration plans
that consider linking of Part C and Part B preschool special education
data systems to other statewide longitudinal and early learning data
systems and ensure that such linkages comply with all applicable
privacy laws;
[[Page 13297]]
(g) Increased capacity of States to implement and document Part C
and Part B preschool special education data management policies and
procedures and data system integration activities and to develop a
sustainability plan to continue this data management and data system
integration work in the future;
(h) Increased capacity of States to address personnel training
needs to meet the Part C and Part B preschool special education data
collection and reporting requirements under sections 616 and 618 of
IDEA through development of effective tools (e.g., training modules)
and resources (e.g., new Part C Data Managers resources), as well as
providing opportunities for in-person and virtual cross-State training
for personnel in State and local programs and agencies regarding Part C
early intervention and Part B preschool special education data
collection and reporting requirements; and
(i) Increased capacity of States to collect, report, analyze, and
use Part C and Part B preschool special education data to support
equitable identification, access, services, outcomes, and impact of
early intervention and preschool special education and related services
on infants, toddlers, and young children receiving services under IDEA.
In addition, the Center must provide a range of targeted and
general TA products and services for improving States' capacity to link
and integrate their Part C early intervention and Part B preschool
special education data with data/data systems associated with other
Federal programs that support infants, toddlers, and young children and
their families in order to report high-quality Part C data and Part B
preschool special education data required under sections 616 and 618 of
IDEA, drive program improvement, improve results for children with
disabilities, and improve compliance accountability. Such TA must
include, at a minimum, in Years 2 through 5:
(a) In partnership with the Department, developing an open-source
electronic tool to assist States in linking and integrating their Part
C early intervention and Part B preschool special education data with
other data/data systems associated with other Federal programs that
support infants, toddlers, and young children and their families in
order to provide high-quality reporting of the Part C data and Part B
preschool special education data required under sections 616 and 618 of
IDEA, drive program improvement, improve results for children with
disabilities, and improve compliance accountability. The tool must
utilize Common Education Data Standards (CEDS) and meet States' needs
associated with linking or integrating their Part C early intervention
and Part B preschool special education data with other data/data
systems associated with other Federal programs that support infants,
toddlers, and young children and their families;
(b) Developing CEDS ``Connections'' to ensure the electronic tool
is built for States to conduct analyses related to reporting the IDEA
Part C data and IDEA Part B preschool special education data required
under sections 616 and 618 of IDEA, driving program improvement,
improving results for children with disabilities, and improving
compliance accountability;
(c) Developing and implementing a plan to maintain the appropriate
functionality of the open-source electronic tool described in paragraph
(a) of this section as changes are made to data reporting requirements
and CEDS;
(d) Conducting TA on data governance to facilitate the use of the
open-source electronic tool and providing training to State staff to
implement the open-source electronic tool; and
(e) Supporting a user group of States that are using an open-source
electronic tool for reporting the IDEA Part C data and IDEA Part B
preschool special education data required under sections 616 and 618 of
IDEA.
In addition to these programmatic requirements, to be considered
for funding under this priority, applicants must meet the application
and administrative requirements under Proposed Priority 1 and Proposed
Priority 2 Common Elements.
Proposed Priority 2: Technical Assistance To Improve State Capacity
To Collect, Report, Analyze, and Use Accurate Child Find Data For
Infants and Toddlers.
Background: The purpose of this proposed priority is to establish a
TA center to provide TA to increase the capacity of States to collect,
report, analyze, and use data available to States to improve their Part
C child find data and efforts that they report through their Part C
SPP/APR.
On October 5, 2023, the U.S. Government Accountability Office (GAO)
issued a report ``Special Education: Additional Data Could Help Early
Intervention Programs Reach More Eligible Infants and Toddlers'' noting
variation across racial groups at each step of the identification and
enrollment process for early intervention services under Part C of IDEA
(GAO-24-106019)(2023 GAO IDEA Part C Child Find Report).\8\ Based on an
analysis of data from 16 States, GAO found that the percentage of
infants and toddlers who engaged in the first two steps (from referred
to evaluated) differed widely by race. However, the percentage of
infants and toddlers who engaged in the third to the fourth step (from
eligible to enrolled) looked similar across races. For example, the
percentage of infants and toddlers who were referred and subsequently
received an evaluation ranged from 59 percent for American Indian and
Alaska Native children to 86 percent for Asian children (a 27
percentage-point difference). In contrast, the percentage of those
determined eligible and subsequently enrolled ranged from 91 percent
for American Indian or Alaska Native children to 95 percent for Asian
and White children (a four percentage-point difference).
---------------------------------------------------------------------------
\8\ The GAO Report and the Department's response concurring with
the recommendation can be found at www.gao.gov/assets/d24106019.pdf.
---------------------------------------------------------------------------
Specifically, the 2023 GAO IDEA Part C Child Find Report had one
matter for Congress and one recommendation for the Department, to which
the Department agreed. GAO recommended that the Department encourage
all States to use demographic data they already collect to maximize
children's access to Part C early intervention services. In its
September 13, 2023 response, the Department noted its plans to
implement this recommendation. The Department has established that,
beginning with the Federal fiscal year (FFY) 2023 SPP/APR that States
submit in February 2024, all States should report under SPP/APR child
find indicators C-5 and C-6 on their root cause analysis of their child
find efforts by using all data available to the State and not just the
child find data reported under SPP/APR Indicators C-5 and C-6.\9\
Additionally, beginning with the FFY 2023 SPP/APR, a State must report
this root cause analysis if the State shows slippage in the FFY 2023
data it reports under SPP/APR indicators C-5 and C-6.\10\
---------------------------------------------------------------------------
\9\ Per the Part C State Performance Plan and Annual Performance
Report (Part C SPP/APR) General Instructions, ``If a State is
required to report on the reasons for slippage, then the State must
include the results of its analysis under the ``Additional
Information'' section of Indicators 5 and 6.'' Part C State
Performance Plan and Annual Performance Report (Part C SPP/APR)--
General Instructions--For Federal Fiscal Year 2023 Submission.
\10\ For the FFY 2023 SPP/APR Indicators C-5 and C-6, the
Department noted that ``to improve the analysis of whether States
are identifying children who need services as early as possible,
States should conduct root cause analyses of child find
identification rates, including reviewing data (if available) on the
number of children referred, evaluated, and identified. This root
cause analysis may include examining not only demographic data (such
as race and ethnicity data reported under IDEA section 618 and
Indicators C-5 and C-6), but also other child-find related data
available to the State (such as geographic location, family income,
primary language, etc.). The State should report the results of its
analysis under the ``Additional Information'' section of the
Indicators C-5 and C-6. Furthermore, if a State is required to
report on the reasons for slippage, then the State must include the
results of its analysis under the ``Additional Information'' section
of the Indicators C-5 and C-6.'' See, https://omb.report/icr/202305-1820-001/doc/131687100.
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[[Page 13298]]
Though many State Part C programs already use demographic data on
infants and toddlers to identify disparities and improve access to Part
C services, not all States have implemented similar analyses of other
data that can affect child find identification rates. Analysis of child
find data that could be relevant would include not only analysis of
race and ethnicity data reported under IDEA section 618, but would also
include analysis of other child-find related data available to the
State (such as geographic location, family income, and primary
language). Conducting analyses of these other child find-related data
would enable all State Part C programs to better identify and serve
infants and toddlers who are eligible for, and need services under,
Part C of IDEA. To support equitable access to early intervention
services under Part C of IDEA, this proposed priority would provide TA
to States as they begin reporting on their root cause analyses using
all available child find-related data to improve their data analyses,
child find efforts, and children's access to early intervention
services under Part C of IDEA.
Proposed Priority 2:
The purpose of this priority is to fund TA to increase the capacity
of States to collect, report, analyze, and use available data to
improve the Part C child find data they report through their Part C
SPP/APR.
The Center must achieve, at a minimum, the following expected
outcomes:
(a) Increased capacity of States to collect, report, analyze, and
use available data to improve the Part C child find data (including
IDEA section 616 Part C data for indicators C5 and C6 and section 618
Part C data);
(b) Increased number of States that have the capacity to identify,
for children served under IDEA Part C, other data they may collect
(such as number of infants and toddlers: referred; screened; evaluated;
eligible; and enrolled in early intervention services under Part C) by
various characteristics of the child, including, at a minimum: race,
ethnicity, home language, gender, socio-economic status, and geographic
location;
(c) Increased number of States that have the capacity to conduct a
root cause analysis of available child find data to better identify
disparities among demographic groups and potential barriers to
enrollment in early intervention services under Part C of IDEA; and
(d) Increased number of States that have the capacity to use their
IDEA and non-IDEA Part C child find data to improve the child find
processes at the State and local program levels.
In addition to these program requirements, to be considered for
funding under this proposed priority, applicants must meet the
application and administrative requirements under Proposed Priority 1
and Proposed Priority 2 Common Elements.
Proposed Priority 1 and Proposed Priority 2 Common Elements:
In addition to the program requirements contained in both
priorities, to be considered for funding applicants must meet the
following application and administrative requirements, which are:
(a) Demonstrate, in the narrative section of the application under
``Significance,'' how the proposed project will--
(1) Address State challenges associated with early childhood data
management and data system integration, including implementing early
childhood data system integration and improvements; enhancing and
streamlining Part C early intervention and Part B preschool special
education data systems to respond to critical policy questions; using
ECIDS for program improvement and compliance accountability for Part C
early intervention and Part B preschool special education programs;
reporting high-quality IDEA Part C data (including IDEA section 616
Part C data and section 618 Part C data) and IDEA Part B preschool
special education data to the Department and the public; and analyzing
Part C child find data to improve equitable access to Part C early
intervention services. To meet this requirement the applicant must--
(i) Present applicable national, State, or local data demonstrating
the challenges of States to implement effective early childhood data
management policies and procedures and data system integration
activities, including integrating early childhood data systems across
IDEA programs, other early learning programs, and other educational
programs for school-aged students; linking Part C and Part B preschool
special education program data; using their Part C and Part B preschool
special education data systems to respond to critical State-determined
policy questions for program improvement and compliance accountability;
and collecting, reporting, analyzing, and using Part C child find data
to improve equitable access to Part C early intervention services;
(ii) Demonstrate knowledge of current educational and technical
issues and policy initiatives relating to early childhood data
management and data system integration, data use, data privacy, Part C
IDEA sections 616 and 618 data, Part C child find data, Part B
preschool special education data, and Part C and Part B preschool
special education data systems; and
(iii) Present information about the current level of implementation
of integrating or linking Part C and Part B preschool special education
data systems; integrating or linking Part C and/or Part B preschool
special education data systems with other early learning data systems;
using Part C and Part B preschool special education data systems to
respond to critical State-determined policy questions; and collecting,
reporting, analyzing, and using high-quality IDEA Part C data
(including IDEA section 616 Part C data and section 618 Part C data)
and IDEA Part B preschool special education data; and
(2) Improve early childhood data management policies and procedures
and data system integration activities used to collect, report, and
analyze high-quality Part C and Part B preschool special education data
(including Part C child find data); to integrate or link Part C and
Part B preschool special education data systems as well as integrate or
link these data with data on children participating in other early
learning programs and data on school-aged children; and to develop and
use robust early childhood data systems to answer critical State-
determined policy questions; and indicate the likely magnitude or
importance of the improvements.
(b) Demonstrate, in the narrative section of the application under
``Quality of project services,'' how the proposed project will--
(1) Ensure equal access and treatment for members of groups that
have traditionally been underrepresented based on race, color, national
origin, gender, age, or disability. To meet this requirement, the
applicant must describe how it will--
(i) Identify the needs of the intended recipients for TA and
information; and
[[Page 13299]]
(ii) Ensure that products and services meet the needs of the
intended recipients of the grant;
(2) Achieve its goals, objectives, and intended outcomes. To meet
this requirement, the applicant must provide--
(i) Measurable intended project outcomes; and
(ii) In appendix A, the logic model (as defined in 34 CFR 77.1) by
which the proposed project will achieve its intended outcomes, which
depicts, at a minimum, the goals, activities, outputs, and intended
outcomes of the proposed project;
(3) Use a conceptual framework (and provide a copy in appendix A)
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;
Note: The following websites provide more information on logic
models and conceptual frameworks: https://osepideasthatwork.org/sites/default/files/2021-12/ConceptualFramework_Updated.pdf and
www.osepideasthatwork.org/resources-grantees/program-areas/ta-ta/tad-project-logic-model-and-conceptual-framework.
(4) Be based on current research and make use of evidence-based
\11\ practices (EBPs). To meet this requirement, the applicant must
describe--
---------------------------------------------------------------------------
\11\ For purposes of these requirements,''evidence-based''
means, at a minimum, demonstrating a rationale (as defined in 34 CFR
77.1) based on high-quality research findings or positive evaluation
that such activity, strategy, or intervention is likely to improve
student outcomes or other relevant outcomes.
---------------------------------------------------------------------------
(i) The current research on early childhood data management and
data system integration, and related EBPs; and
(ii) How the proposed project will incorporate current research and
EBPs in the development and delivery of its products and services;
(5) 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 and develop the knowledge base on
early childhood data management and data system integration;
(ii) Its proposed approach to universal, general TA,\12\ which must
identify the intended recipients, including the type and number of
recipients, that will receive the products and services under this
approach; and
---------------------------------------------------------------------------
\12\ ``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 website by independent users. Brief communications by TA
center staff with recipients, either by telephone or email, are also
considered universal, general TA.
---------------------------------------------------------------------------
(iii) Its proposed approach to targeted, specialized TA,\13\ which
must identify--
---------------------------------------------------------------------------
\13\ ``Targeted, specialized TA'' means TA services 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, including the type and number of
recipients, that will receive the products and services under this
approach;
(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 State and local levels; and
(C) The process by which the proposed project will collaborate with
OSEP-funded centers and other federally funded TA centers to develop
and implement a coordinated TA plan when the work of the center or
centers overlaps with the proposed project; and
(iv) Its proposed approach to intensive, sustained TA,\14\ which
must identify--
---------------------------------------------------------------------------
\14\ ``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) The intended recipients, including the type and number of
recipients, that will receive the products and services under this
approach;
(B) Its proposed approach to addressing States' challenges
associated with limited resources to engage in early childhood data
system integration and enhancement activities that streamline the
established Part C and Part B preschool special education data systems
to respond to critical policy questions and to report high-quality IDEA
data to the Department and the public, which must, at a minimum,
include providing on-site consultants to the State lead agency (LA) or
State educational agency (SEA) to--
(1) Model and document data management and data system integration
policies, procedures, processes, and activities within the State;
(2) Develop and adapt tools and provide technical solutions to meet
State-specific data needs; and
(3) Develop a sustainability plan for the State to continue the
data management and data system integration work in the future;
(C) Its proposed approach to measure the readiness of the State LA
and SEA personnel to work with the project, including their commitment
to the initiative, alignment of the initiative to their needs, current
infrastructure, available resources, and ability to build capacity at
the State and local program and district levels;
(D) Its proposed approach to prioritizing TA recipients with a
primary focus on meeting the needs of States with known ongoing data
quality issues, as measured by OSEP's review of the quality of the IDEA
sections 616 and 618 data;
(E) Its proposed plan for assisting State LAs and SEAs to build or
enhance training systems that include professional development based on
adult learning principles and coaching;
(F) Its proposed plan for working with appropriate levels of the
education system (e.g., State LAs, SEAs, regional TA providers,
districts, local programs, families) to ensure that there is
communication between each level and that there are systems in place to
support the collection, reporting, analysis, and use of high-quality
IDEA Part C data (including IDEA section 616 Part C data, section 618
Part C data, and Part C child find data) and IDEA Part B preschool
special education data as well as early childhood data management and
data system integration; and
(G) Its proposed plan for collaborating and coordinating with the
National Technical Assistance Center to Improve State Capacity to
Collect, Report, Analyze, and Use Accurate IDEA Part B Data, Early
Childhood Technical Assistance Center, other Department-funded TA
investments, other federally funded TA investments, and Institute of
Education Sciences/National Center for Education Statistics research
and development investments, where appropriate, in order to align
complementary work and jointly develop and implement products and
services to meet the purposes of this
[[Page 13300]]
priority and to develop and implement a coordinated TA plan when they
are involved in a State; and
(6) Develop products and implement services that maximize
efficiency. To address this requirement, the applicant must describe--
(i) How the proposed project will use technology to achieve the
intended project outcomes;
(ii) With whom the proposed project will collaborate and the
intended outcomes of this collaboration; and
(iii) How the proposed project will use non-project resources to
achieve the intended project outcomes.
(c) In the narrative section of the application under ``Quality of
the project evaluation,'' include an evaluation plan for the project
developed in consultation with and implemented by a third-party
evaluator.\15\ The evaluation plan must--
---------------------------------------------------------------------------
\15\ A ``third-party'' evaluator is an independent and impartial
program evaluator who is contracted by the grantee to conduct an
objective evaluation of the project. This evaluator must not have
participated in the development or implementation of any project
activities, except for the evaluation activities, nor have any
financial interest in the outcome of the evaluation.
---------------------------------------------------------------------------
(1) Articulate formative and summative evaluation questions,
including important process and outcome evaluation questions. These
questions should be related to the project's proposed logic model
required in paragraph (b)(2)(ii) of these application and
administrative requirements;
(2) Describe how progress in and fidelity of implementation, as
well as project outcomes, will be measured to answer the evaluation
questions. Specify the measures and associated instruments or sources
for data appropriate to the evaluation questions. Include information
regarding reliability and validity of measures where appropriate;
(3) Describe strategies for analyzing data and how data collected
as part of this plan will be used to inform and improve service
delivery over the course of the project and to refine the proposed
logic model and evaluation plan, including subsequent data collection;
(4) Provide a timeline for conducting the evaluation and include
staff assignments for completing the plan. The timeline must indicate
that the data will be available annually for the APR and at the end of
Year 2; and
(5) Dedicate sufficient funds in each budget year to cover the
costs of developing or refining the evaluation plan in consultation
with a third-party evaluator, as well as the costs associated with the
implementation of the evaluation plan by the third-party evaluator.
(d) Demonstrate, in the narrative section of the application under
``Adequacy of 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 and funds will be spent in a way that
increases their efficiency and cost-effectiveness, including by
reducing waste or achieving better outcomes.
(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) 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, relevant, and useful to
recipients; and
(4) The proposed project will benefit from a diversity of
perspectives, including those of families, educators, 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, personnel-loading charts and timelines,
as applicable, to illustrate the management plan described in the
narrative;
(2) Include, in the budget, 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.
(ii) A three-day project directors' conference in Washington, DC,
during each year of the project period, provided that, if the
conference is conducted virtually, the project must reallocate unused
travel funds no later than the end of the third quarter of each budget
period.
(iii) Three annual two-day trips to attend Department briefings,
Department-sponsored conferences, and other meetings, as requested by
OSEP;
(3) Provide an assurance that the project will--
(i) Reallocate unused travel funds no later than the end of the
third quarter if the kick-off or planning meetings are conducted
virtually; and
(ii) Within 30 days of receipt of the award, participate in a post-
award teleconference between the OSEP project officer and the grantee's
project director or other authorized representative;
(4) 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, and approved by, the OSEP
project officer. 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;
(5) Budget at least 50 percent of the grant award for providing
targeted and intensive TA to States;
(6) Provide an assurance that it will maintain a high-quality
website, with an easy-to-navigate design, that meets government or
industry-recognized standards for accessibility; and
(7) Include, in appendix A, an assurance to assist OSEP with the
transfer of pertinent resources and products and to maintain the
continuity of services to States during the transition to this new
award period and at the end of this award period, as appropriate.
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
[[Page 13301]]
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 Priorities and Requirements:
We will announce the final priorities and requirements in a
document in the Federal Register. We will determine the final
priorities and requirements after considering public comments on the
proposed priorities and requirements and other information available to
the Department. This document does not preclude us from proposing
additional priorities, requirements, definitions, or selection
criteria, subject to meeting applicable rulemaking requirements.
Note: This document does not solicit applications. In any year in
which we choose to use these proposed priorities and one or more of
these requirements, we invite applications through a notice in the
Federal Register.
Executive Orders 12866, 13563, and 14094
Regulatory Impact Analysis
Under Executive Order 12866, the Office of Management and Budget
(OMB) determines 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, as
amended by Executive Order 14094, 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 $200 million or more
(adjusted every three years by the Administrator of Office of
Information and Regulatory Affairs (OIRA) for changes in gross domestic
product); or adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the environment,
public health or safety, or State, local, territorial, or Tribal
governments or communities;
(2) Create a 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 for which centralized review
would meaningfully further the President's priorities, or the
principles set forth in this Executive order, as specifically
authorized in a timely manner by the Administrator of OIRA in each
case.
This proposed regulatory action is not a significant regulatory
action subject to review by OMB under section 3(f) of Executive Order
12866, as amended by Executive Order 14094.
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, as amended by Executive Order
14094. 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 these proposed priorities and requirements only on a
reasoned determination that their benefits would justify their costs.
In choosing among alternative regulatory approaches, we selected those
approaches that would 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 also have determined that this regulatory action would not
unduly interfere with State, local, and Tribal governments in the
exercise of their governmental functions.
In accordance with these 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.
Clarity of the Regulations
Executive Order 12866 and the Presidential memorandum ``Plain
Language in Government Writing'' require each agency to write
regulations that are easy to understand.
The Secretary invites comments on how to make these proposed
priorities and requirements easier to understand, including answers to
questions such as the following:
Are the requirements in the proposed priorities and
requirements clearly stated?
Do the proposed priorities and requirements contain
technical terms or other wording that interferes with their clarity?
Does the format of the proposed priorities and
requirements (grouping and order of sections, use of headings,
paragraphing, etc.) aid or reduce their clarity?
Would the proposed priorities and requirements be easier
to understand if we divided them into more (but shorter) sections?
Could the description of the proposed priorities and
requirements in the SUPPLEMENTARY INFORMATION section of this preamble
be more helpful in making the proposed priorities and requirements
easier to understand? If so, how?
What else could we do to make the proposed priorities and
requirements easier to understand?
To send any comments about how the Department could make these
proposed priorities and requirements easier to understand, see the
instructions in the ADDRESSES section.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR
[[Page 13302]]
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.
Regulatory Flexibility Act Certification: The Secretary certifies
that these proposed priorities and requirements would not have a
significant economic impact on a substantial number of small entities.
The small entities that this proposed regulatory action would affect
are LEAs, including charter schools that operate as LEAs under State
law; institutions of higher education; other public agencies; private
nonprofit organizations; freely associated States and outlying areas;
Indian Tribes or Tribal organizations; and for-profit organizations. We
believe that the costs imposed on applicants by the proposed priorities
and requirements would be limited to paperwork burden related to
preparing an application and that the benefits would outweigh any costs
incurred by applicants.
Participation in the Technical Assistance on State Data Collection
program is voluntary. For this reason, the proposed priorities and
requirements would impose no burden on small entities unless they
applied for funding under the program. We expect that in determining
whether to apply for Technical Assistance on State Data Collection
program funds, an eligible entity would evaluate the requirements of
preparing an application and any associated costs and weigh them
against the benefits likely to be achieved by receiving a Technical
Assistance on State Data Collection program grant. An eligible entity
probably would apply only if it determines that the likely benefits
exceed the costs of preparing an application.
We believe that these proposed priorities and requirements would
not impose any additional burden on a small entity applying for a grant
than the entity would face in the absence of the proposed action. That
is, the length of the applications those entities would submit in the
absence of the proposed regulatory action and the time needed to
prepare an application would likely be the same.
This proposed regulatory action would not have a significant
economic impact on a small entity once it receives a grant because it
would be able to meet the costs of compliance using the funds provided
under this program. We invite comments from eligible small entities as
to whether they believe this proposed regulatory action would have a
significant economic impact on them and, if so, request evidence to
support that belief.
Paperwork Reduction Act of 1995
These proposed priorities and requirements contain information
collection requirements that are approved by OMB under OMB control
number 1820-0028. The proposed priorities and requirements do not
affect the currently approved data collection.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or other accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. 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 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.
Glenna Wright-Gallo,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2024-03631 Filed 2-21-24; 8:45 am]
BILLING CODE 4000-01-P