[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Rules and Regulations]
[Pages 13523-13524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04462]


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DEPARTMENT OF EDUCATION

34 CFR Parts 300, 361, 363, 367, 370, and 381

[Docket ID ED-2020-OSERS-0022]


Assistance to States for the Education of Children With 
Disabilities; State Vocational Rehabilitation Services; State Supported 
Employment Services; Independent Living Services for Older Individuals 
Who Are Blind; Protection and Advocacy of Individual Rights; Client 
Assistance Program

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Notification of policy statement; request for comment.

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SUMMARY: The Office of Special Education and Rehabilitative Services 
(OSERS) is seeking comment on its October 29, 2019, policy statement 
and frequently asked questions (Policy Statement) granting prior 
approval for two direct cost categories under the Department's 
authority in the Office of Management and Budget's (OMB's) Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal Awards (Uniform Guidance). The prior approval applies to 
State formula grant programs administered by the Office of Special 
Education Programs (OSEP) and the Rehabilitation Services 
Administration (RSA) for two direct cost categories: Participant 
support costs and equipment.

DATES: We must receive your comments on or before April 8, 2020.

ADDRESSES: Submit your comments through the Federal eRulemaking portal 
or via U.S. mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do 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 ``How to use Regulations.gov'' in the Help section.
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about this proposed interpretation, 
address them to the appropriate individual listed under FOR FURTHER 
INFORMATION CONTACT.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: For programs administered by OSEP, 
Matthew Schneer, U.S. Department of Education, 400 Maryland Avenue SW, 
Room 5055, Potomac Center Plaza, Washington, DC 20202-5076. Telephone: 
(202) 245-6755. Email: [email protected].
    For programs administered by RSA, David Steele, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5157, Potomac Center Plaza, 
Washington, DC 20202-5076. Telephone: (202) 245-6520. Email: 
[email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:

Invitation to Comment

    We invite you to submit comments on the Policy Statement. See 
ADDRESSES for instructions on how to submit comments.
    During and after the comment period, you may inspect all public 
comments about this proposed interpretation by accessing 
Regulations.gov. You may also inspect the comments in person in Room 
5008 between the hours of 8:30 a.m. and 4:00 p.m., Eastern time, Monday 
through Friday of each week except Federal holidays. If you want to 
schedule time to inspect comments, please contact the person listed 
under FOR FURTHER INFORMATION CONTACT.
    Assistance to Individuals with Disabilities in Reviewing the 
Record: On request, we will provide an appropriate accommodation or 
auxiliary aid to an individual with a disability who needs assistance 
to review the comments or other documents in the public record for this 
notice. If you want to schedule an appointment for this type of aid, 
please contact the person listed under FOR FURTHER INFORMATION CONTACT.
    Background: On October 29, 2019, OSERS first published the Policy 
Statement that granted prior approval for two direct cost categories 
under the Department's authority in the OMB's Uniform Guidance, 
codified in 2 CFR 200.407(f) and (t), 200.439(b), and 200.456.
    The prior approval applies to two direct cost categories, 
participant support costs and equipment, in the following State formula 
grant programs administered by OSEP and RSA:

OSEP

    1. Individuals with Disabilities Education Act (IDEA) Part B 
Section 611 Grants to States;
    2. IDEA Section 619 Preschool Grants; and
    3. IDEA Part C Grants for Infants and Families.

RSA

    1. State Vocational Rehabilitation (VR) Services under the 
Rehabilitation Act of 1973 (Rehabilitation Act);
    2. State Supported Employment (Supported Employment) Services;
    3. Independent Living Services for Older Individuals Who Are Blind 
(OIB);
    4. Protection and Advocacy of Individual Rights (PAIR); and
    5. Client Assistance Program (CAP).
    When we released the Policy Statement last October, we did so on an 
interim basis to provide grantees with

[[Page 13524]]

immediate information to assist them in meeting their obligations under 
the Uniform Guidance for the listed RSA and OSEP programs. We noted 
that, ``[w]e intend to publish this further and invite public 
comments,'' and we are doing so now. We will consider these comments in 
determining whether to take any future action with respect to the 
Policy Statement. The Policy Statement is available on the Federal 
eRulemaking portal, www.regulations.gov, under docket no. ED-2020-
OSERS-0022.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. 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.

Mark Schultz,
Delegated the authority to perform the functions and duties of the 
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2020-04462 Filed 3-6-20; 8:45 am]
 BILLING CODE 4000-01-P