[Federal Register Volume 69, Number 153 (Tuesday, August 10, 2004)]
[Notices]
[Pages 48472-48475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18308]


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DEPARTMENT OF EDUCATION


Office of Special Education and Rehabilitative Services Overview 
Information; Technology and Media Services for Individuals With 
Disabilities--Television Access; Notice Inviting Applications for New 
Awards for Fiscal Year (FY) 2004

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.327C.


DATES: Applications Available: August 10, 2004.
    Deadline for Transmittal of Applications: September 9, 2004.
    Deadline for Intergovernmental Review: September 14, 2004.
    Eligible Applicants: State educational agencies (SEAs); local 
educational agencies (LEAs); institutions of higher education (IHEs); 
other public agencies; nonprofit private organizations; outlying areas; 
freely associated States; Indian tribes or tribal organizations; and 
for-profit organizations.
    Estimated Available Funds: $2,825,000.
    Estimated Average Size of Awards: Local News and Public Information 
Programs: $125,000; Accessible Children's Television Programs: 
$300,000.
    Maximum Award: Local News and Public Information Programs: 
$125,000; Accessible Children's Television Programs: $300,000. We will 
reject any application that proposes a budget exceeding the maximum 
award for a single budget period of 12 months. The Assistant Secretary 
for Special Education and Rehabilitative Services may change the 
maximum amount through a notice published in the Federal Register.
    Estimated Number of Awards: 14.

    Note: The Department is not bound by any estimates in this 
notice.

    Project Period: Up to 36 months.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose Of Program: The purpose of the Technology and Media 
Services for Individuals With Disabilities--Television Access 
competition is to: (1) Improve results for children with disabilities 
by promoting the development, demonstration, and use of technology; (2) 
support educational media activities designed to be of educational 
value to children with disabilities; (3) provide support for some 
captioning and video description; and (4) provide cultural experiences 
through appropriate nonprofit organizations.
    Priority: In accordance with 34 CFR 75.105(b)(2)(iv), this priority 
is from allowable activities specified in the statute (see sections 
661(e)(2) and 687 of the Individuals with Disabilities Education Act, 
as amended (IDEA)).
    Absolute Priority: For FY 2004 this priority is an absolute 
priority. Under 34 CFR 75.105(c)(3), we consider only applications that 
meet this priority.
    This priority is:

Technology and Media Services for Individuals With Disabilities--
Television Access

    Background: The Federal Communications Commission (FCC) is 
primarily responsible for implementing and monitoring the closed 
captioning requirements of the Telecommunications Act of 1996. In this 
Act, Congress generally requires that programming be captioned, 
regardless of distribution technology, to ensure access to persons with 
hearing disabilities.
    In this Act, Congress recognized that, in some situations, 
requiring programming to be captioned might prove economically 
burdensome to video programming providers and owners. For this reason, 
Congress also authorized the FCC to adopt exemptions from the general 
captioning requirements for programs, and classes of programs, for 
which the FCC determines that the provision of captioning would be 
economically burdensome to the provider or owner of such programming. 
In addition, the FCC has promulgated rules for real-time captioning, 
which typically uses stenography but includes any methodology, to 
convert the entire audio portion of a live program to captions. For a 
fuller explanation of the FCC's requirements on captioning, please 
refer to http://www.fcc.gov/cgb/consumerfacts/closedcaption.html.
    On July 21, 2000, the FCC also adopted rules to make television 
more accessible to people with visual disabilities by mandating that a 
certain amount of programming contain video description. However, in 
November 2002, a Federal court struck down these rules. Thus, FCC 
accessibility rules do not currently require video description.
    Priority: Under this priority, which supports cooperative 
agreements, an applicant may address one or both of the following:
    (a) Real-time captioning of locally produced news and public 
information television programming that, under the FCC's captioning 
requirements, is not required to be real-time captioned.
    (b) Describing, or captioning and describing, widely available 
children's educational programs. Only children's educational 
programming that would not otherwise be captioned to meet the FCC's 
captioning requirements, or is specifically exempt from the FCC's 
captioning requirements, is eligible to be captioned.
    A project must do the following:
    (a) For children's educational programs, include criteria for 
selecting programs that have high educational

[[Page 48473]]

merit and take into account the preference of educators, students, and 
parents, and the diversity of the type of programming available.
    (b) Identify and support a consumer advisory group, including 
parents and educators, which must meet at least annually.
    (c) Use the expertise of this consumer advisory group to certify 
that each program captioned or described with project funds is 
educational, news, or informational programming. Following are examples 
of programming that is educational, news or informational:
    (1) Children's programming that furthers the educational and 
informational needs of children, including the child's intellectual/
cognitive or social/emotional needs (exception: Programs that contain 
adult content);
    (2) News and news magazines (exception: entertainment news 
magazines); and
    (3) Adult informational or documentary programs (exceptions: non-
documentary feature films and television movies unless they are 
appropriate for use in the classroom; documentaries that profile 
entertainment personalities, or criminals).
    (d) Identify the extent to which the programming is widely 
available.
    (e) Identify the total number of program hours the project will 
make accessible and the cost per hour for description and for 
captioning.
    (f) For each video program, identify the source of any private or 
other public support, and the projected dollar amount of that support, 
if any.
    (g) Demonstrate the willingness of program providers or owners of 
programs to permit and facilitate the description or captioning of 
their programs.
    (h) Provide assurances from program providers or owners of programs 
stating that programs made accessible under this project will air, and 
will continue to air, with descriptions and captions.
    (i) Provide assurances from program providers or owners of programs 
stating that programs captioned under this project would not otherwise 
be captioned to meet the FCC's captioning requirements, or are 
specifically exempt from the FCC's captioning requirements.
    (j) Implement procedures for monitoring the extent to which full 
accessibility is provided, and use this information to make refinements 
in project operations.
    (k) Identify the anticipated shelf-life and range of distribution 
of the video programs that is possible without further costs to the 
project.
    In addition, projects funded under this priority must--
    (a) Budget for a two-day Project Directors' meeting in Washington, 
DC during each year of the project.
    (b) If a project maintains a Web site, include relevant information 
and documents in an accessible form.
    Competitive Preference Priority: Within this absolute priority, we 
give competitive preference to applications that address the following 
priority.
    Under 34 CFR 75.105(c)(2)(i) we award up to an additional 20 points 
to an application, depending on the extent to which the application 
meets this priority.
    This priority is:
    Local News and Public Information Programs--In meeting this 
priority, the applicant:
    (a) Must not have been a grantee or a subcontractor of a grantee 
under the Technology and Media Services for Individuals with 
Disabilities program during the prior fiscal year; and
    (b) Will not use a subcontractor who was a grantee or a 
subcontractor of a grantee under this program during the current fiscal 
year.
    Thus, an applicant meeting this competitive preference could 
receive a maximum possible score of 120 points.
    Waiver Of Proposed Rulemaking: Under the Administrative Procedure 
Act (5 U.S.C. 553) the Department generally offers interested parties 
the opportunity to comment on proposed priorities. However, section 
661(e)(2) of the IDEA makes the public comment requirements 
inapplicable to the priorities in this notice.

    Program Authority: 20 U.S.C. 1487.
    Applicable Regulations: The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 
81, 82, 84, 85, 86, 97, 98, and 99.

    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian tribes.


    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education only.

II. Award Information

    Type of Award: Cooperative agreements.
    Estimated Available Funds: $2,825,000.
    Estimated Average Size of Awards: Local News and Public Information 
Programs: $125,000; Accessible Children's Television Programs: 
$300,000.
    Maximum Award: Local News and Public Information Programs: 
$125,000; Accessible Children's Television Programs: $300,000. We will 
reject any application that proposes a budget exceeding the maximum 
award for a single budget period of 12 months. The Assistant Secretary 
for Special Education and Rehabilitative Services may change the 
maximum amount through a notice published in the Federal Register.
    Estimated Number of Awards: 14.

    Note: The Department is not bound by any estimates in this 
notice.

    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants: SEAs; LEAs; IHEs; other public agencies; 
nonprofit private organizations; outlying areas; freely associated 
States; Indian tribes or tribal organizations; and for-profit 
organizations.
    2. Cost Sharing or Matching: This competition does not involve cost 
sharing or matching.
    3. Other: General Requirements--(a) The projects funded under this 
notice must make positive efforts to employ and advance in employment 
qualified individuals with disabilities (see section 606 of the IDEA).
    (b) Applicants and grant recipients funded under this notice must 
involve individuals with disabilities or parents of individuals with 
disabilities in planning, implementing, and evaluating the projects 
(see section 661(f)(1)(A) of the IDEA).

IV. Application and Submission Information

    1. Address to Request Application Package: Education Publications 
Center (ED Pubs), P.O. Box 1398, Jessup, MD 20794-1398. Telephone (toll 
free): 1-877-433-7827. FAX: (301) 470-1244. If you use a 
telecommunications device for the deaf (TDD), you may call (toll free): 
1-877-576-7734. You may also contact ED Pubs at its Web site: 
www.ed.gov/pubs/edpubs.html or you may contact ED Pubs at its e-mail 
address: [email protected].
    If you request an application from ED Pubs, be sure to identify 
this competition as follows: CFDA number 84.327C.
    Individuals with disabilities may obtain a copy of the application 
package in an alternative format (e.g., Braille, large print, 
audiotape, or computer diskette) on request to the program contact 
person listed under FOR FURTHER INFORMATION CONTACT in section VII of 
this notice.
    2. Content and Form of Application Submission: Requirements 
concerning the content of an application, together

[[Page 48474]]

with the forms you must submit, are in the application package for this 
competition.
    Page Limit: The application narrative (Part III of the application) 
is where you, the applicant, address the selection criteria that 
reviewers use to evaluate your application. You must limit Part III to 
the equivalent of no more than 50 pages, using the following standards:
     A ``page'' is 8.5'' x 11'', (on one side only) with 1'' 
margins at the top, bottom, and both sides.
     Double space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
    The page limit does not apply to Part I, the cover sheet; Part II, 
the budget section, including the narrative budget justification; Part 
IV, the assurances and certifications; or the one-page abstract, the 
resumes, the bibliography, the references, the letters of support, or 
the appendix. However, you must include all of the application 
narrative in Part III.
    We will reject your application if--
     You apply these standards and exceed the page limit; or
     You apply other standards and exceed the equivalent of the 
page limit.
    3. Submission Dates and Times:
    Applications Available: August 10, 2004.
    Deadline for Transmittal of Applications: September 9, 2004.
    We do not consider an application that does not comply with the 
deadline requirements.
    Applications for grants under this competition may be submitted by 
mail or hand delivery (including a commercial carrier or courier 
service), or electronically using the Electronic Grant Application 
System (e-Application) available through the Department's e-GRANTS 
system. For information (including dates and times) about how to submit 
your application by mail or hand delivery, or electronically, please 
refer to Section IV. 6. Procedures for Submitting Applications in this 
notice.
    Deadline for Intergovernmental Review: September 14, 2004.
    4. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this competition. However, in 
order to ensure that these FY 2004 grants are made before September 30, 
2004, the 60-day intergovernmental review period has been waived to 5 
days.
    5. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    6. Procedures for Submitting Applications: Applications for grants 
under this competition may be submitted electronically or in paper 
format by mail or hand delivery.
    a. Electronic Submission of Applications.
    If you submit your application to us electronically, you must use 
e-Application available through the Department's e-GRANTS system. The 
e-GRANTS system is accessible through its portal page at: http://e-grants.ed.gov.
    If you use e-Application, you will be entering data online while 
completing your application. You may not e-mail an electronic copy of a 
grant application to us. The data you enter online will be saved into a 
database.
    If you participate in e-Application, please note the following:
     Your participation is voluntary.
     You must submit your grant application electronically 
through the Internet using the software provided on the e-Grants Web 
site (http://e-grants.ed.gov) by 4:30 p.m., Washington, DC time, on the 
application deadline date. The regular hours of operation of the e-
Grants Web site are 6 a.m. Monday until 7 p.m. Wednesday; and 6 a.m. 
Thursday until midnight Saturday, Washington, DC time. Please note that 
the system is unavailable on Sundays, and after 7 p.m. on Wednesdays 
for maintenance, Washington, DC time. Any modifications to these hours 
are posted on the e-Grants Web site. We strongly recommend that you do 
not wait until the application deadline date to initiate an e-
Application package.
     You will not receive additional point value because you 
submit your application in electronic format, nor will we penalize you 
if you submit your application in paper format.
     You must submit all documents electronically, including 
the Application for Federal Education Assistance (ED 424), Budget 
Information--Non-Construction Programs (ED 524), and all necessary 
assurances and certifications.
     Your e-Application must comply with any page limit 
requirements described in this notice.
     After you electronically submit your application, you will 
receive an automatic acknowledgement, which will include a PR/Award 
number (an identifying number unique to your application).
     Within three working days after submitting your electronic 
application, fax a signed copy of the Application for Federal Education 
Assistance (ED 424) to the Application Control Center after following 
these steps:
    1. Print ED 424 from e-Application.
    2. The applicant's Authorizing Representative must sign this form.
    3. Place the PR/Award number in the upper right hand corner of the 
hard copy signature page of the ED 424.
    4. Fax the signed ED 424 to the Application Control Center at (202) 
245-6272.
     We may request that you give us original signatures on 
other forms at a later date.
    Application Deadline Date Extension in Case of System 
Unavailability: If you are prevented from submitting your application 
on the application deadline date because the e-Application system is 
unavailable, we will grant you an extension of one business day in 
order to transmit your application electronically, by mail, or by hand 
delivery. We will grant this extension if--
    1. You are a registered user of e-Application and you have 
initiated an e-Application for this competition; and
    2. (a) The e-Application system is unavailable for 60 minutes or 
more between the hours of 8:30 a.m. and 3:30 p.m., Washington, DC time, 
on the application deadline date; or
    (b) The e-Application system is unavailable for any period of time 
during the last hour of operation (that is, for any period of time 
between 3:30 p.m. and 4:30 p.m., Washington, DC time) on the 
application deadline date.
    We must acknowledge and confirm these periods of unavailability 
before granting you an extension. To request this extension or to 
confirm our acknowledgement of any system unavailability, you may 
contact either (1) the person listed elsewhere in this notice under For 
Further Information Contact (see VII. Agency Contact) or (2) the e-
GRANTS help desk at 1-888-336-8930.
    You may access the electronic grant application for the Special 
Education--Technology and Media Services for Individuals With 
Disabilities--Television Access competition at: http://e-grants.ed.gov.
    b. Submission of Paper Applications by Mail.
    If you submit your application in paper format by mail (through the 
U.S. Postal Service or a commercial carrier), you must send the 
original and two

[[Page 48475]]

copies of your application on or before the application deadline date 
to the following address: U.S. Department of Education, Application 
Control Center, Attention: (CFDA Number 84.327C), 400 Maryland Avenue, 
SW., Washington, DC 20202.
    You must show proof of mailing consisting of one of the following:
    1. A legibly dated U.S. Postal Service Postmark;
    2. A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service;
    3. A dated shipping label, invoice, or receipt from a commercial 
carrier; or
    4. Any other proof of mailing acceptable to the U.S. Secretary of 
Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    1. A private metered postmark, or
    2. A mail receipt that is not dated by the U.S. Postal Service.
    If your application is post marked after the application deadline 
date, we will notify you that we will not consider the application.

    Note: Applicants should note that the U.S. Postal Service does 
not uniformly provide a dated postmark. Before relying on this 
method, you should check with your local post office.

    c. Submission of Paper Applications by Hand Delivery.
    If you submit your application in paper format by hand delivery, 
you (or a courier service) must deliver the original and two copies of 
your application on or before the application deadline date to the 
following address: U.S. Department of Education, Application Control 
Center, Attention: (CFDA Number 84.327C), 550 12th Street, SW., Room 
7041, Potomac Center Plaza, Washington, DC 20202-4260.
    The Application Control Center accepts deliveries daily between 8 
a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays and 
Federal holidays. A person delivering an application must show 
identification to enter the building.
    Note for Mail or Hand Delivery of Paper Applications: If you mail 
or hand deliver your application to the Department:
    1. You must indicate on the envelope and--if not provided by the 
Department--in Item 4 of the Application for Federal Education 
Assistance (ED 424 (exp. 11/30/2004)) the CFDA number--and suffix 
letter, if any--of the competition under which you are submitting your 
application.
    2. The Application Control Center will mail a Grant Application 
Receipt Acknowledgment to you. If you do not receive the notification 
of application receipt within 15 days from the mailing of your 
application, you should call the U.S. Department of Education 
Application Control Center at (202) 245-6288.

V. Application Review Information

    Selection Criteria: The selection criteria for this competition are 
listed in 34 CFR 75.210 of EDGAR. The specific selection criteria to be 
used for this competition are in the application package.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN). We may also notify you informally.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Reporting: At the end of your project period, you must submit a 
final performance report, including financial information, as directed 
by the Secretary. If you receive a multi-year award, you must submit an 
annual performance report that provides the most current performance 
and financial expenditure information as specified by the Secretary in 
34 CFR 75.118.
    4. Performance Measures: Under the Government Performance and 
Results Act (GPRA), the Department is currently developing measures 
that will yield information on various aspects of the quality of the 
Technology and Media Services to Improve Services and Results for 
Children with Disabilities program (e.g., the extent to which projects 
are of high quality, are relevant to the needs of children with 
disabilities, and contribute to improving results for children with 
disabilities). Data on these measures will be collected from the 
projects funded under this notice.
    Grantees will also be required to report information on their 
projects' performance in annual reports to the Department (EDGAR, 34 
CFR 75.590).
    We will notify grantees of the performance measures once they are 
developed.

FOR FURTHER INFORMATION CONTACT: Jo Ann McCann, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 4067, Potomac Center Plaza, 
Washington, DC 20202-2550. Telephone: (202) 245-7434.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request by contacting the following office: The Grants and 
Contracts Services Team, U.S. Department of Education, 400 Maryland 
Avenue, SW., room 5075, Potomac Center Plaza, Washington, DC 20202-
2550. Telephone: (202) 245-7363.

VIII. Other Information

    Electronic Access to This Document: You may view this document, as 
well as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF) on the 
Internet at the following site: www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: www.gpoaccess.gov/nara/index.html.


    Dated: August 5, 2004.
Troy R. Justesen,
Acting Deputy Assistant Secretary for Special Education and 
Rehabilitative Services.
[FR Doc. 04-18308 Filed 8-9-04; 8:45 am]
BILLING CODE 4000-01-P