[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Notices]
[Pages 47763-47769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17218]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Technical Assistance and 
Dissemination To Improve Services and Results for Children With 
Disabilities and Demonstration and Training Programs--The Individuals 
With Disabilities Education Act (IDEA) Paperwork Reduction Planning and 
Implementation Program

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

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for new awards for fiscal year (FY) 2020 for the 
IDEA Paperwork Reduction Planning and Implementation Program, Catalog 
of Federal Domestic Assistance (CFDA) number 84.326F, to assist States 
in identifying excessive paperwork and noninstructional time burdens on 
special education teachers, related services providers, and State and 
local administrators that do not assist in improving educational and 
functional results for children with disabilities. The funds will 
support developing and, if appropriate, implementing comprehensive 
plans to reduce the burden. This notice relates to the approved 
information collection under OMB control number 1820-0028.

DATES: Applications Available: August 6, 2020.
    Deadline for Transmittal of Applications: September 11, 2020.

ADDRESSES: For the addresses for obtaining and submitting an 
application, please refer to our Common Instructions for Applicants to 
Department of Education Discretionary Grant Programs, published in the 
Federal Register on February 13, 2019 (84 FR 3768) and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf.

FOR FURTHER INFORMATION CONTACT: David Egnor, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5163, Potomac Center Plaza, 
Washington, DC 20202-5076. Telephone: (202) 245-7334. 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:

[[Page 47764]]

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Programs: The purpose of the Technical Assistance and 
Dissemination to Improve Services and Results for Children with 
Disabilities Program is to promote academic achievement and to improve 
results for children with disabilities by providing technical 
assistance (TA), supporting model demonstration projects, disseminating 
useful information, and implementing activities that are supported by 
scientifically based research.
    The purpose of the IDEA Paperwork Reduction Planning and 
Implementation Program is to provide competitive grants, including 
cooperative agreements, to SEAs to assist States in their work to 
reduce paperwork burden associated with the requirements of IDEA Part B 
while preserving the rights of children with disabilities and promoting 
academic achievement.
    Priority: These priorities are from the notice of final priorities, 
requirements, and selection criteria (NFP) for this program published 
elsewhere in this issue of the Federal Register.
    Background:
    The Secretary believes that all students should be given the 
opportunity to succeed and that their success should be the primary 
focus of everyone in the educational system. When teachers, related 
services providers, and administrators who serve children with 
disabilities spend time completing unnecessary paperwork, their ability 
to prioritize and focus on improving outcomes for children with 
disabilities is hampered.
    In the 2004 reauthorization of IDEA, Congress recognized that some 
Federal IDEA Part B requirements could create excessive paperwork and 
noninstructional time burdens on special education teachers, related 
services providers, and State and local administrators, thus diverting 
time and resources away from instruction and other activities that 
would improve educational and functional results for children with 
disabilities.
    As such, under section 609 of IDEA, Congress gave the Department 
limited authority to grant waivers of certain requirements of IDEA Part 
B. Waivers may be granted to not more than 15 States and for a period 
not to exceed four years. Further, the Secretary may not waive any 
statutory or regulatory provisions relating to applicable civil rights 
requirements or procedural safeguards under section 615 of IDEA, and 
waivers may not adversely affect the right of a child with a disability 
to receive a free appropriate public education (FAPE) under IDEA Part 
B. In short, States' waiver proposals must preserve the fundamental 
rights of children with disabilities under IDEA.\1\ In addition, States 
have always had the authority, within the constraints of State law, to 
change or waive State requirements that exceed IDEA statutory and 
regulatory requirements in order to reduce administrative burden.
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    \1\ For any State that receives a waiver of Federal IDEA Part B 
requirements, the Secretary will terminate the waiver if the 
Secretary determines that the State failed to appropriately 
implement its waiver, or the Secretary determines the State needs 
assistance in implementing IDEA requirements and the waiver has 
contributed to or caused such need for assistance. The Secretary 
will also terminate the waiver if the Secretary determines the State 
needs intervention in implementing IDEA requirements, or needs 
substantial intervention in implementing IDEA requirements.
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    Under section 609 of IDEA, the waivers must be based upon proposals 
submitted by States. In a Notice of Proposed Requirements that was 
published in the Federal Register on June 5, 2020 (85 FR 34554), the 
Department proposed requirements for States to obtain waivers under 
section 609 of IDEA (the IDEA Paperwork Reduction Waivers). We invited 
the public to review that document in conjunction with a notice of 
proposed priority and requirements (NPP) for this program published in 
the Federal Register on May 29, 2020 (85 FR 32317) and identify any 
potential inconsistencies or implementation issues that may arise.
    The Department also recognizes that the implementation and 
evaluation of waivers granted under section 609 of IDEA may require 
additional Federal support. As such, the Department is making funding 
available to plan for, and then implement, waivers of requirements 
under section 609 of IDEA to reduce excessive paperwork and non-
instructional time burdens and thus improve educational and functional 
results for children with disabilities.
    States may apply for a planning grant under Absolute Priority 1, an 
implementation grant under Absolute Priority 2, or both.
    Absolute Priority 1: For FY 2020 and any subsequent year in which 
we make awards from the list of unfunded applications 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:
    The Individuals with Disabilities Education Act (IDEA) Paperwork 
Reduction Planning and Implementation Program--Planning Grants.
    Priority:
    The Department seeks to make awards to State educational agencies 
(SEAs) to assist them in identifying excessive paperwork and 
noninstructional time burdens on special education teachers, related 
services providers, and State and local administrators that do not 
assist in improving educational and functional results for children 
with disabilities (hereafter in the priority, ``administrative 
burdens'') and developing comprehensive plans to reduce them. These 
activities include conducting a comprehensive review of local, State, 
and Federal IDEA Part B requirements that lead to administrative 
burdens, as well as, at the discretion of the State, preparing IDEA 
Paperwork Reduction Waivers for submission to the Department.
    Planning projects funded by the Department must achieve, at a 
minimum, the following expected outcomes:
     Identification of the particular sources and effects of 
administrative burdens on special education and other teachers, related 
services providers, and State and local administrators under IDEA Part 
B; and
     A plan to reduce these administrative burdens.
    Under this priority, applicants must propose projects that meet the 
following programmatic requirements:
    (a) The project must meaningfully consult a diverse group of 
stakeholders on an ongoing basis to support the goals and objectives of 
the project. Such a group must include, at a minimum, representatives 
of the following groups:
    (i) Special education teachers and related services providers;
    (ii) Local special education administrators;
    (iii) Individuals with disabilities;
    (iv) Parents of children with disabilities, as defined in IDEA 
section 602(23), including representation of Parent Training and 
Information Centers (PTIs) and (if applicable) Community Parent 
Resource Centers (CPRCs); and
    (v) The State Advisory Panel.
    (b) The project must prepare a plan that--
    (i) Identifies the State and local statutory and regulatory 
requirements or policies, procedures, and practices that exceed IDEA 
Part B statutory and regulatory requirements and were considered for 
revision;
    (ii) Describes the range of options available to the State in 
reducing administrative burdens, including any limitations on those 
options (e.g.,

[[Page 47765]]

statutory or regulatory requirements, judicial precedent);
    (iii) Establishes clear and achievable timelines for reducing 
administrative burdens;
    (iv) Identifies the anticipated benefits of any potential reforms, 
including likely beneficiaries, and the magnitude and scope of 
anticipated benefits, such as reductions in administrative burden hours 
and potential increases in the time and resources available for 
instruction and other activities intended to improve educational and 
functional results for children with disabilities;
    (v) Identifies any Federal IDEA Part B statutory or regulatory 
requirements for which a waiver may be sought under section 609 of 
IDEA; and
    (vi) Describes the procedures the State will use to ensure that any 
waiver that may be sought in accordance with section 609 of IDEA will 
not--
    (A) Waive any statutory requirements of, or regulatory requirements 
relating to, applicable civil rights requirements or procedural 
safeguards under section 615 of IDEA; and
    (B) Affect the right of a child with a disability to receive FAPE 
under IDEA Part B.
    To be considered for funding under this priority, applicants must 
also meet the following application requirements. Each applicant must--
    (a) Demonstrate, in the narrative portion of the application under 
``Need for the project,'' how the proposed project will identify 
administrative burdens. To meet this requirement, the applicant must 
describe what it believes to be--
    (1) The approximate current magnitude and scope of the 
administrative burdens to be addressed;
    (2) The approximate current number of special education teachers, 
related services providers, and State and local administrators affected 
by those burdens and the number of children with disabilities that they 
serve; and
    (3) The approximate current costs and benefits of those burdens on 
special education teachers, related services providers, State and local 
administrators, and children with disabilities (e.g., teacher 
retention, planning time, transparency for families);
    (b) Demonstrate, in the narrative portion of the application under 
``Significance'' how the proposed planning project will--
    (1) Develop a plan to reduce administrative burdens and produce 
meaningful and sustained change at the State or local level; and
    (2) Develop proposals for changes to, or waivers of, specific 
requirements, policies, procedures, or practices that will reduce 
administrative burdens in order to increase the time and resources 
available for instruction and other activities aimed at improving 
educational and functional results for children with disabilities.
    (c) Demonstrate, in the narrative section of the application under 
``Quality of the project design,'' how the proposed project will--
    (1) Meet the consultation requirements in paragraph (a) of the 
programmatic requirements of this priority, including, but not limited 
to, a proposed timeline for the consultation process, including a 
description of the methods of consultation (e.g., in-person meetings, 
conference calls, emails);
    (2) Identify local, State, or Federal IDEA Part B requirements, 
policies, procedures, or practices that may generate administrative 
burdens and may be reviewed by the project, including any proposed 
criteria for that review (e.g., frequency, complexity, number of staff 
affected, number of families affected);
    (3) Assess the extent to which specific sources of administrative 
burdens may affect educational and functional results for children with 
disabilities; and
    (4) Produce and make publicly available a plan that meets the 
requirements in paragraph (b) of the programmatic requirements of this 
priority and providing an opportunity for stakeholders enumerated in 
paragraph (a) of the programmatic requirements of this priority to 
comment on the plan.
    (d) 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, 
including the publication of the final plan on the State's website 
within three months of the close of the project period;
    (2) Key project personnel and any consultants and subcontractors 
will be allocated and how these allocations are appropriate and 
adequate to achieve the project's intended outcomes; and
    (3) The proposed project will benefit from a diversity of 
perspectives, including those of families, educators, TA providers, 
researchers, and policymakers, among others, in its development and 
operation.
    Absolute Priority 2: For FY 2020 and any subsequent year in which 
we make awards from the list of unfunded applications 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:
    The Individuals with Disabilities Education Act (IDEA) Paperwork 
Reduction Planning and Implementation Program--Implementation Grants.
    Implementation grants provide funds for States to implement 
comprehensive plans to reduce administrative burdens submitted by the 
State and approved by the Secretary under section 609 of IDEA. This 
includes costs associated with developing products or materials that 
are part of comprehensive plans, such as creating information 
technology systems to automate paperwork, or creating new, streamlined 
paperwork to replace more time-consuming paperwork.
    To be considered for funding under this priority, an applicant must 
meet the following application requirements.\2\ Each applicant must--
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    \2\ For any State that receives a waiver of Federal IDEA Part B 
requirements, the Secretary will terminate the waiver if the 
Secretary determines that the State failed to appropriately 
implement its waiver, or the Secretary determines the State needs 
assistance in implementing IDEA requirements and the waiver has 
contributed to or caused such need for assistance. The Secretary 
will also terminate the waiver if the Secretary determines the State 
needs intervention in implementing IDEA requirements, or needs 
substantial intervention in implementing IDEA requirements.
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    (a) Demonstrate, in the narrative section of the application under 
``Quality of the project design,'' how the proposed project will--
    (1) Disseminate information about changes in processes, practices, 
and procedures necessary to reduce administrative burdens to all 
special education teachers, related services providers, and State and 
local administrators affected by the State's waiver under section 609 
of IDEA (hereafter ``affected staff''), including--
    (i) The modes of communication the project will use;
    (ii) The frequency of communication; and
    (iii) The content of such communications; and
    (2) Support the training of all affected staff regarding changes in 
processes, practices, and procedures necessary to reduce administrative 
burdens, including a description of the project's intended means of 
providing this training.
    (b) Demonstrate, in the narrative section of the application under

[[Page 47766]]

``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 and how these allocations are appropriate and 
adequate to achieve the project's intended outcomes; and
    (3) The proposed project will benefit from a diversity of 
perspectives, including those of families, educators, TA providers, 
researchers, and policymakers, among others, in its development and 
operation.
    (c) Include, in the narrative section of the application under 
``Quality of the project evaluation,'' an evaluation plan for the 
implementation project. The evaluation plan must--
    (1) Articulate formative and summative evaluation questions for 
evaluating important processes and outcomes, including whether, and how 
effectively, the waiver--
    (i) Reduces paperwork burden on teachers, principals, 
administrators, and related services providers;
    (ii) Reduces non-instructional time spent by teachers in complying 
with IDEA Part B;
    (iii) Enhances longer-term educational planning;
    (iv) Improves positive outcomes, including educational and 
functional results, for children with disabilities;
    (v) Promotes collaboration between individualized education program 
(IEP) Team members, including the parents of the child; and
    (vi) Ensures satisfaction of family members of children with 
disabilities and teachers, principals, administrators, and related 
service providers;
    (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; and 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 
implementation project and evaluation plan, including subsequent data 
collection;
    (4) Provide a timeline for conducting the evaluation and include 
staff assignments for completing the evaluation; and
    (5) Dedicate sufficient funds in each budget year to cover the 
costs of developing, refining, and implementing the evaluation plan.
    Requirements: These requirements are from the notice of final 
priorities, requirements, and selection criteria (NFP) for this program 
published elsewhere in this issue of the Federal Register.
    Funding Eligibility Requirements:
    (a) In order to receive funding for an implementation grant an 
applicant must already have a waiver under section 609 of IDEA approved 
by the Secretary.
    (b) For an applicant that receives a grant under Absolute Priority 
1--
    (1) That does not submit a waiver proposal to the Secretary under 
section 609 of the IDEA within 12 months of the start of the project 
period, the grant will end after 12 months without opportunity for 
extension;
    (2) That submits a waiver proposal to the Secretary under section 
609 of the IDEA within 12 months of the start of the project period, 
the project period will be automatically extended for a period, not to 
exceed 6 months, during which the Secretary will consider the proposal;
    (i) While a State's waiver proposal is under review, grantees may 
continue to access available remaining funds to conduct one or more of 
the following planning grant activities:
    (A) Responding to possible questions from the Department regarding 
the State's proposal to obtain a waiver under section 609 of IDEA and 
the IDEA Paperwork Reduction Waivers; and
    (B) Continuing to develop, or implement, planned activities to 
reduce administrative burdens.
    (ii) If the Secretary approves the State's IDEA paperwork reduction 
waiver under section 609 of IDEA and
    (A) The grantee received a grant under Priorities 1 and 2, the 
grantee may use remaining funds and additional funding obligated by the 
Department under this program to carry out activities under Priority 2.
    (B) The grantee only received a grant under Priority 1, the grantee 
may continue to access available remaining funds to ensure continuity 
of the project while applying for an implementation award under 
Absolute Priority 2. The project period for the grant under Priority 2 
must end no later than 45 days after an award is made under Priority 2 
without opportunity for extension.
    (iii) If the Secretary denies the State an IDEA paperwork reduction 
waiver under section 609 of IDEA, the project period will end no more 
than 30 days after the State's receipt of the Secretary's decision, 
without opportunity for extension.
    Program Authority: 20 U.S.C. 1408 and 1463.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 97, 
98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 
2 CFR part 180, as adopted and amended as regulations of the Department 
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of the Department in 2 CFR 
part 3474. (d) The NFP.

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


    Note: Projects must be awarded and operated in a manner 
consistent with the nondiscrimination requirements contained in the 
U.S. Constitution and the Federal civil rights laws and consistent 
with the specific requirements of section 609 of the IDEA.

II. Award Information

    Type of Award: Cooperative agreements.
    Estimated Available Funds: $3,750,000.

    Note: Applicants must submit a separate ED Form 524 and budget 
narrative for each absolute priority.

    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2021 from the list of 
unfunded applications from this competition.
    Estimated Range of Awards: $150,000-$400,000 (Priority 1); and 
$250,000-$750,000 (Priority 2).
    Estimated Average Size of Awards: $500,000.
    Estimated Number of Awards: 7.

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

    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: SEAs.
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to

[[Page 47767]]

entities to directly carry out project activities described in its 
application. Under 34 CFR 75.708(e), a grantee may contract for 
supplies, equipment, and other services in accordance with 2 CFR part 
200.
    4. Other General Requirements:
    (a) Recipients of funding under this competition must make positive 
efforts to employ and advance in employment qualified individuals with 
disabilities (see section 606 of IDEA).
    (b) Applicants for, and recipients of, funding must, with respect 
to the aspects of their proposed project relating to the absolute 
priority, 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. Application Submission Instructions: Applicants are required to 
follow the Common Instructions for Applicants to Department of 
Education Discretionary Grant Programs, published in the Federal 
Register on February 13, 2019 (84 FR 3768), and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf, which 
contain requirements and information on how to submit an application.
    2. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. However, 
under 34 CFR 79.8(a), we waive intergovernmental review in order to 
make an award by the end of FY 2020.
    3. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    4. Recommended 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. We recommend 
that you (1) limit the application narrative to no more than 70 pages 
and (2) use 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, reference citations, and captions, as well as 
all text in charts, tables, figures, graphs, and screen shots.
     Use a font that is 12 point or larger.
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The recommended 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 
abstract (follow the guidance provided in the application package for 
completing the abstract), the table of contents, the list of priority 
requirements, the resumes, the reference list, the letters of support, 
or the appendices. However, the recommended page limit does apply to 
all of the application narrative, including all text in charts, tables, 
figures, graphs, and screen shots.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from the notice of final priorities, requirements, and selection 
criteria (NFP) for this program published elsewhere in this issue of 
the Federal Register and 34 CFR 74.210 and are as follows:
    (a) Need for the project (20 points) (Priority 1 only).
    (1) The Secretary considers the need for the proposed project.
    (2) In determining the need for the proposed project, the Secretary 
considers the following factors:
    (i) The magnitude or severity of the problem to be addressed by the 
proposed project. (34 CFR 75.210)
    (ii) The extent to which specific gaps or weaknesses in services, 
infrastructure, or opportunities have been identified and will be 
addressed by the proposed project, including the nature and magnitude 
of those gaps or weaknesses. (34 CFR 75.210)
    (b) Significance (25 points) (Priorities 1 and 2).
    (1) The Secretary considers the significance of the proposed 
project.
    (2) In determining the significance of the proposed project, the 
Secretary considers the likelihood that the proposed project will 
reduce administrative burdens and increase the time and resources 
available for instruction and other activities aimed at improving 
educational and functional results for children with disabilities. 
(NFP)
    (c) Quality of the project design (30 points) (Priorities 1 and 2).
    (1) The Secretary considers the quality of the design of the 
proposed project.
    (2) In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which the design of the proposed project will 
successfully reduce administrative burdens and increase the time and 
resources available for instruction and other activities aimed at 
improving educational and functional results for children with 
disabilities. (NFP)
    (ii) The extent to which the proposed project encourages and is 
responsive to consumer involvement, including parental involvement. 
(NFP)
    (iii) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable. 
(NFP)
    (iv) The extent to which the design for implementing and evaluating 
the proposed project will result in information to guide possible 
replication of project activities or strategies, including information 
about the effectiveness of the approach or strategies employed by the 
project. (NFP)
    (d) Quality of the management plan (25 points) (Priorities 1 and 
2).
    (1) The Secretary considers the quality of the management plan for 
the proposed project.
    (2) In determining the quality of the management plan for the 
proposed project, the Secretary considers how the applicant will ensure 
that a diversity of perspectives is brought to bear in the operation of 
the proposed project, including those of parents, teachers, related 
services providers, school administrators, and others, as appropriate. 
(NFP)
    (e) Quality of the project evaluation (20 points) (Priority 2 
only).
    (1) The Secretary considers the quality of the evaluation to be 
conducted of the proposed project.
    (2) In determining the quality of the evaluation, the Secretary 
considers the following factors:
    (i) The extent to which the methods of evaluation are thorough, 
feasible, and appropriate to the goals, objectives, and outcomes of the 
proposed project. (34 CFR 75.210)
    (ii) The extent to which the methods of evaluation provide for 
examining the effectiveness of project implementation strategies. (34 
CFR 75.210)
    (iii) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes. (34 CFR 75.210)
    (iv) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data to the extent possible. (34 CFR 75.210)

[[Page 47768]]

    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Additional Review and Selection Process Factors: 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 section 682(b) of 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 specific groups. 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.
    4. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.205, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
3474.10, the Secretary may impose specific conditions and, in 
appropriate circumstances, high-risk conditions on a grant if the 
applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    5. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.205(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through the System for Award Management. You may 
review and comment on any information about yourself that a Federal 
agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.

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); or we may send you an email containing a link to 
access an electronic version of your 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. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee that is awarded competitive grant funds must 
have a plan to disseminate these public grant deliverables. This 
dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) 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 multiyear 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 www.ed.gov/fund/grant/apply/appforms/appforms.html.
    5. Performance Measures: Under the Government Performance Results 
Modernization Act of 2010, the Department has established a set of 
performance measures that are designed to yield information on various 
aspects of the effectiveness and quality of the Technical Assistance 
and Dissemination to Improve Services and Results for Children With 
Disabilities program. These measures are:
     Program Performance Measure 1: The number of 
administrative burdens identified for reduction.
     Program Performance Measure 2: The number of special 
education teachers, related services providers, and administrators 
impacted by the proposed burden reduction.
     Program Performance Measure 3: The estimated change in 
hours spent by teachers, related services providers and administrators 
on compliance with administrative burdens as a result of the proposed 
burden reduction.
    The measures apply to projects funded under this competition, and

[[Page 47769]]

grantees are required to submit data on these measures as directed by 
the Office of Special Education Programs (OSEP).
    Grantees will be required to report information on their project's 
performance in annual and final performance reports to the Department 
(34 CFR 75.590).
    The Department will also closely monitor the extent to which the 
products and services provided by the Center meet the needs identified 
by stakeholders and may require the Center to report on such alignment 
in their annual and final performance reports.
    6. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: Whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, the 
performance targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. 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 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,
Commissioner, Rehabilitation Services Administration. Delegated the 
authority to perform the functions and duties of the Assistant 
Secretary for the Office of Special Education and Rehabilitative 
Services.
[FR Doc. 2020-17218 Filed 8-4-20; 11:15 am]
BILLING CODE 4000-01-P