[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Notices]
[Pages 26661-26665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12905]


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DEPARTMENT OF EDUCATION


Office of Special Education and Rehabilitative Services; Overview 
Information; Technology and Media Services for Individuals With 
Disabilities--National Instructional Materials Accessibility Standard 
(NIMAS); Notice Inviting Applications for New Awards for Fiscal Year 
(FY) 2009

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

DATES:
    Applications Available: June 3, 2009.
    Deadline for Transmittal of Applications: July 6, 2009.
    Deadline for Intergovernmental Review: September 1, 2009.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purposes of the Technology and Media 
Services for Individuals with Disabilities program are to: (1) Improve 
results for children with disabilities by promoting the development, 
demonstration, and use of technology; (2) support educational media 
services activities designed to be of educational value in the 
classroom setting to children with disabilities; and (3) provide 
support for captioning and video description of educational materials 
that are appropriate for use in the classroom setting.
    Priority: In accordance with 34 CFR 75.105(b)(2)(v), this priority 
is from allowable activities specified in the statute or otherwise 
authorized in the statute (see sections 674 and 681(d) of the 
Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1474 and 
1481(d)).
    Absolute Priority: For FY 2009 and any subsequent year in which we 
make awards from the list of unfunded applicants from this competition, 
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--
NIMAS.
    Background: The National Instructional Materials Accessibility 
Standard (NIMAS) was established by the Secretary of Education, 
pursuant to sections 612(a)(23)(A) and 674(e)(4) of IDEA, for 
publishers to create electronic files that can be used by States and 
accessible media producers (AMPs) to produce accessible versions of 
print instructional materials. Publishers must apply NIMAS in the 
production of electronic file sets for all print instructional 
materials, as defined in section 674(e)(3)(C) of IDEA (20 U.S.C. 
1474(e)(3)(C)), published after July 19, 2006. The purpose of this 
requirement is to ensure that publishers use a common standard to 
create electronic files that facilitate the production of accurate and 
reliable accessible versions of instructional materials. The goal is to 
help increase the quality, availability, and timely delivery of print 
instructional materials in accessible formats to children in elementary 
and secondary schools who are blind or who have print disabilities.
    The Department of Education (Department) funded the NIMAS 
Development Center in September 2004 and charged it with providing 
recommendations to the Department on revisions and updates to the 
technical specifications of NIMAS. These updates were needed to ensure 
that NIMAS remained current with technological advances, was consistent 
with updates to the Digital Accessible Information System (DAISY) 
specification (DAISY is a worldwide standard for digital talking 
books), and addressed concerns that were identified during the 
implementation of NIMAS. The NIMAS Development Center also has 
developed technical clarification documents, conducted training and 
presentations, and contributed to the development of production and 
workflow models for publishers, distributors, AMPs, States, and local 
educational agencies (LEAs). Foremost among the NIMAS

[[Page 26662]]

Development Center's activities to promote, develop, and use technology 
related to making NIMAS a more effective standard has been its use of a 
NIMAS advisory board to address the challenges of maintaining alignment 
with the Extensible Markup Language (XML) standard upon which NIMAS is 
based and supporting the development and use of Mathematical Markup 
Language (MathML). The following Web site provides more information on 
the work of the NIMAS Development Center: http://www.nimas.cast.org.
    The Department seeks to fund a center to continue some of the work 
of the NIMAS Development Center that was funded in 2004, including the 
provision of technical updates to NIMAS at least once during its five-
year project period to ensure that state-of-the art technology is being 
used.
    Priority: The purpose of this priority is to fund a cooperative 
agreement to support the establishment and operation of a NIMAS center 
(Center) that will maintain and update the technical specifications of 
NIMAS to ensure that children with blindness and other print 
disabilities will have access to as broad a range of print 
instructional materials as possible through the use of electronic file 
formatting technology.
    To be considered for funding under this absolute priority, 
applicants must meet the application requirements contained in this 
priority. Any project funded under this absolute priority also must 
meet the programmatic and administrative requirements specified in the 
priority.
    Application Requirements. An applicant must include in its 
application--
    (a) A logic model that depicts, at a minimum, the goals, 
activities, outputs, and outcomes of the proposed project. A logic 
model communicates how a project will achieve its outcomes and provides 
a framework for both the formative and summative evaluations of the 
project;

    Note: The following Web site provides more information on logic 
models: http://www.cdc.gov/eval/resources.htm.

    (b) A plan to implement the activities described in the Project 
Activities section of this priority;
    (c) A plan, linked to the proposed project's logic model, for a 
formative evaluation of the proposed project's activities. The plan 
must describe how the formative evaluation will use clear performance 
objectives to ensure continuous improvement in the operation of the 
proposed project, including objective measures of progress in 
implementing the project and ensuring the quality of products and 
services;
    (d) A budget for a summative evaluation to be conducted by an 
independent third party;
    (e) A budget for attendance at the following:
    (1) A one day kick-off meeting to be held in Washington, DC, within 
four weeks after receipt of the award, and an annual planning meeting 
held in Washington, DC, with the Office of Special Education Programs 
(OSEP) Project Officer during each subsequent year of the project 
period.
    (2) A three-day Project Directors' Conference in Washington, DC, 
during each year of the project period.
    (3) A one-day trip annually to attend Department briefings, 
Department-sponsored conferences, and other meetings, as requested by 
OSEP.
    Project Activities. To meet the requirements of this priority, the 
Center, at a minimum, must conduct the following activities:
    Technical Assistance and Dissemination Activities.
    (a) Facilitate and support the technical compatibility of the NIMAS 
file set with the National Instructional Materials Access Center's 
(NIMAC) distribution system, including the technologies employed by 
publishers and other production facilities to create both high-quality 
NIMAS files as well as accessible commercial products.
    (b) Maintain a Web site that meets government or industry-
recognized standards for accessibility and that links to the Web site 
operated by OSEP's Technical Assistance Coordination Center (TACC) and 
the Web site for each OSEP-funded project that supports the 
implementation of NIMAS.
    (c) Prepare and disseminate to the Department (1) reports at least 
midway through the project period on issues identified regarding the 
implementation of NIMAS and (2) recommendations on revising the 
technical specifications of NIMAS no later than during the fourth year 
of the project period. In consultation with the OSEP Project Officer, 
make selected reports, documents, and other materials available to, at 
a minimum, publishers, software developers, and AMPs.
    Leadership and Coordination Activities.
    (a) Establish and maintain a Standards Board to recommend updates 
to the technical specifications of NIMAS, including the extent to which 
future versions of NIMAS should incorporate universal design features, 
and provide technical support to OSEP throughout the project period. At 
a minimum, the Standards Board must meet on an annual basis in 
Washington, DC, and may meet more frequently through alternate means 
such as teleconferencing. The Standards Board must include: Technology 
experts; software engineers; accessible instructional materials (AIM) 
producers; and representatives from the publishing industry, the DAISY 
consortium, the Access Board, NIMAC, and the National Center on AIM 
that OSEP intends to fund in FY 2009. The Center must submit the names 
of proposed members of the Standards Board to OSEP for approval within 
eight weeks of receipt of the award.
    (b) Communicate with, and solicit input from, a wide range of 
stakeholders, including currently funded OSEP programs (e.g., NIMAC, 
the American Printing House for the Blind, Bookshare.org for Education, 
and Recording for the Blind & Dyslexic), and the National Center on AIM 
that OSEP intends to fund in FY 2009.
    (c) Participate in, organize, or facilitate, as directed by OSEP, 
communities of practice (see http://www.tacommunities.org) that are 
aligned with the Center's objectives as a way to support discussions 
and collaboration among key stakeholders such as technology experts; 
software engineers; AIM producers; and representatives from the 
publishing industry, the DAISY consortium, the Access Board, NIMAC, and 
the National Center on AIM that OSEP intends to fund in FY 2009.
    (d) Maintain ongoing communication with the OSEP Project Officer 
through monthly phone conversations and e-mail communication.
    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (APA) (5 U.S.C. 553), the Department generally offers interested 
parties the opportunity to comment on proposed priorities and 
requirements. Section 681(d) of IDEA, however, makes the public comment 
requirements of the APA inapplicable to the priority in this notice.
    Program Authority: 20 U.S.C. 1474 and 1481.
    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 (IHEs) only.


[[Page 26663]]



II. Award Information

    Type of Award: Cooperative Agreement.
    Estimated Available Funds: $400,000.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2010 from the list of 
unfunded applicants from this competition.
    Maximum Awards: We will reject any application that proposes a 
budget exceeding $400,000 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: 1.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: State educational agencies (SEAs); LEAs, 
including public charter schools that are considered LEAs under State 
law; IHEs; other public agencies; private nonprofit organizations; 
outlying areas; freely associated States; Indian tribes or tribal 
organizations; and for-profit organizations.
    2. Cost Sharing or Matching: This competition does not require cost 
sharing or matching.
    3. Other: General Requirements--(a) The projects funded under this 
competition must make positive efforts to employ and advance in 
employment qualified individuals with disabilities (see section 606 of 
IDEA).
    (b) Applicants and grant recipients funded under this competition 
must involve individuals with disabilities or parents of individuals 
with disabilities ages birth through 26 in planning, implementing, and 
evaluating the project (see section 682(a)(1)(A) of 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), call, toll free: 1-877-
576-7734.
    You can contact ED Pubs at its Web site, also: http://www.ed.gov/pubs/edpubs.html or at its e-mail address: [email protected].
    If you request an application package from ED Pubs, be sure to 
identify this competition as follows: CFDA number 84.327P.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or computer diskette) by contacting the person or team listed under 
Accessible Format in section VIII of this notice.
    2. Content and Form of Application Submission: Requirements 
concerning the content of an application, together 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 the 
application narrative 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, abstracts, 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, or the letters of support. 
However, the page limit does apply to all of the application narrative 
section (Part III).
    We will reject your application if you exceed the page limit or if 
you apply other standards and exceed the equivalent of the page limit.
    3. Submission Dates and Times:
    Applications Available: June 3, 2009.
    Deadline for Transmittal of Applications: July 6, 2009.
    Applications for grants under this competition may be submitted 
electronically using the Electronic Grant Application System (e-
Application) accessible through the Department's e-Grants site, or in 
paper format by mail or hand delivery. For information (including dates 
and times) about how to submit your application electronically, or in 
paper format by mail or hand delivery, please refer to section IV.6. 
Other Submission Requirements of this notice.
    We do not consider an application that does not comply with the 
deadline requirements.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
the person listed under For Further Information Contact in section VII 
of this notice. If the Department provides an accommodation or 
auxiliary aid to an individual with a disability in connection with the 
application process, the individual's application remains subject to 
all other requirements and limitations in this notice.
    Deadline for Intergovernmental Review: September 1, 2009.
    4. Intergovernmental Review: This competition 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.
    5. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    6. Other Submission Requirements: 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 choose to submit your application to us electronically, you 
must use e-Application, accessible through the Department's e-Grants 
Web site at: http://e-grants.ed.gov.
    While completing your electronic application, you will be entering 
data online that will be saved into a database. You may not e-mail an 
electronic copy of a grant application to us.
    Please note the following:
     Your participation in e-Application is voluntary.
     You must complete the electronic submission of your grant 
application by 4:30:00 p.m., Washington, DC time, on the application 
deadline date. E-Application will not accept an application for this 
competition after 4:30:00 p.m., Washington, DC time, on the application 
deadline date. Therefore, we strongly recommend that you do not wait 
until the application deadline date to begin the application process.
     The hours of operation of the e-Grants Web site are 6:00 
a.m. Monday until 7:00 p.m. Wednesday; and 6:00 a.m. Thursday until 
8:00 p.m. Sunday, Washington, DC time. Please note that, because of 
maintenance, the system is unavailable between 8:00 p.m. on Sundays and 
6:00 a.m. on Mondays, and between 7:00 p.m. on Wednesdays and

[[Page 26664]]

6:00 a.m. on Thursdays, Washington, DC time. Any modifications to these 
hours are posted on the e-Grants Web site.
     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 
all information you typically provide on the following forms: The 
Application for Federal Assistance (SF 424), the Department of 
Education Supplemental Information for SF 424, Budget Information--Non-
Construction Programs (ED 524), and all necessary assurances and 
certifications. You must attach any narrative sections of your 
application as files in a .DOC (document), .RTF (rich text), or .PDF 
(Portable Document) format. If you upload a file type other than the 
three file types specified in this paragraph or submit a password 
protected file, we will not review that material.
     Your electronic application must comply with any page 
limit requirements described in this notice.
     Prior to submitting your electronic application, you may 
wish to print a copy of it for your records.
     After you electronically submit your application, you will 
receive an automatic acknowledgment that 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 SF 424 to the Application Control 
Center after following these steps:
    (1) Print SF 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 SF 424.
    (4) Fax the signed SF 424 to the Application Control Center at 
(202) 245-6272.
     We may request that you provide us original signatures on 
other forms at a later date.
    Application Deadline Date Extension in Case of System 
Unavailability: If you are prevented from electronically submitting 
your application on the application deadline date because e-Application 
is unavailable, we will grant you an extension of one business day to 
enable you 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 electronic application for this competition; and
    (2) (a) E-Application 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) E-Application is unavailable for any period of time between 
3:30 p.m. and 4:30:00 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 acknowledgment 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. If e-Application is unavailable due 
to technical problems with the system and, therefore, the application 
deadline is extended, an e-mail will be sent to all registered users 
who have initiated an e-Application.
    Extensions referred to in this section apply only to the 
unavailability of e-Application. If e-Application is available, and, 
for any reason, you are unable to submit your application 
electronically or you do not receive an automatic acknowledgment of 
your submission, you may submit your application in paper format by 
mail or hand delivery in accordance with the instructions in this 
notice.
    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 mail the 
original and two copies of your application, on or before the 
application deadline date, to the Department at the following address: 
U.S. Department of Education, Application Control Center, Attention: 
(CFDA Number 84.327P) LBJ Basement Level 1, 400 Maryland Avenue, SW., 
Washington, DC 20202-4260.
    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.
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department 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.
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    If your application is postmarked after the application deadline 
date, we will not consider your application.
    Note: 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 by hand, on or before the application deadline date, 
to the Department at the following address: U.S. Department of 
Education, Application Control Center, Attention: (CFDA Number 84.327P) 
550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 
20202-4260.
    The Application Control Center accepts hand deliveries daily 
between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except 
Saturdays, Sundays, and Federal holidays.
    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 11 of the SF 424 the CFDA number, including suffix 
letter, if any, of the competition under which you are submitting your 
application; and
    (2) The Application Control Center will mail to you a notification 
of receipt of your grant application. If you do not receive this grant 
notification within 15 business days from the application deadline 
date, you should call the U.S. Department of Education Application 
Control Center at (202) 245-6288.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210 and are listed in the application package.
    2. Review and Selection Process: In the past, the Department has 
had difficulty finding peer reviewers for certain competitions because 
so many individuals who are eligible to serve as peer reviewers have 
conflicts of interest. The Standing Panel requirements under IDEA also 
have placed additional constraints on the availability of reviewers. 
Therefore, the Department has determined that, for some discretionary 
grant competitions, applications may be separated into two or more 
groups and ranked and selected for funding within the specific groups.

[[Page 26665]]

This procedure will make it easier for the Department to find peer 
reviewers by ensuring that greater numbers of individuals who are 
eligible to serve as reviewers for any particular group of applicants 
will not have conflicts of interest. It also will increase the quality, 
independence, and fairness of the review process while permitting panel 
members to review applications under discretionary grant competitions 
for which they also have submitted applications. However, if the 
Department decides to select an equal number of applications in each 
group for funding, this may result in different cut-off points for 
fundable applications in each group.

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 notify you informally, also.
    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 directed by the Secretary 
under 34 CFR 75.118. The Secretary may also require more frequent 
performance reports under 34 CFR 75.720(c). For specific requirements 
on reporting, please go to http://www.ed.gov/fund/grant/apply/appforms/appforms.html.
    4. Performance Measures: Under the Government Performance and 
Results Act of 1993 (GPRA), the Department has established a set of 
performance measures, including long-term measures, that are designed 
to yield information on various aspects of the effectiveness and 
quality of the Technology and Media Services for Individuals with 
Disabilities program. These measures focus on the extent to which 
projects provide high-quality products and services, are relevant to 
improving outcomes for children with disabilities, and contribute to 
improving outcomes for children with disabilities. We will collect data 
on these measures from the project funded under this competition.
    The grantee will be required to report information on its project's 
performance in annual reports to the Department (34 CFR 75.590).

VII. Agency Contact

    For Further Information Contact: Michael Slade, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 4175, PCP, Washington, DC 
20202-2550. Telephone: (202) 245-7527.
    If you use a TDD, call the Federal Relay Service (FRS), toll free, 
at 1-800-877-8339.

VIII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., Braille, large print, audiotape, or computer diskette) by 
contacting the Grants and Contracts Services Team, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 5075, PCP, Washington, DC 
20202-2550. Telephone: (202) 245-7363. If you use a TDD, call the FRS, 
toll free, at 1-800-877-8339.
    Electronic Access to This Document: You can view this document, as 
well as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF) on the 
Internet at the following site: http://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: http://www.gpoaccess.gov/nara/index.html.

    Delegation of Authority: The Secretary of Education has delegated 
authority to Andrew J. Pepin, Executive Administrator for the Office of 
Special Education and Rehabilitative Services to perform the functions 
of the Assistant Secretary for Special Education and Rehabilitative 
Services.

    Dated: May 28, 2009.
Andrew J. Pepin,
Executive Administrator for Special Education and Rehabilitative 
Services.
[FR Doc. E9-12905 Filed 6-2-09; 8:45 am]
BILLING CODE 4000-01-P