[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Notices]
[Pages 7433-7441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02688]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Educational Technology, Media, and 
Materials for Individuals With Disabilities Program--Educational 
Materials in Accessible Formats for Eligible Children and Students With 
Disabilities

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) 2022 for 
Educational Materials in Accessible Formats for Eligible Children and 
Students with Disabilities, Assistance Listing Number 84.327D. This 
notice relates to the approved information collection under OMB control 
number 1820-0028.

DATES: 
    Applications Available: February 9, 2022.
    Deadline for Transmittal of Applications: April 11, 2022.
    Deadline for Intergovernmental Review: June 9, 2022.
    Pre-Application Webinar Information: No later than 5 DAYS AFTER 
DATE OF PUBLICATION IN THE Federal Register, the Office of Special 
Education and Rehabilitative Services (OSERS) will post details on pre-
recorded informational webinars designed to provide technical 
assistance to interested applicants. Links to the webinars may be found 
at www2.ed.gov/fund/grant/apply/osep/new-osep-grants.html.

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 December 27, 2021 (86 FR 73264) and available at 
www.federalregister.gov/d/2021-27979. Please note that these Common 
Instructions supersede the version published on February 13, 2019, and, 
in part, describe the transition from the requirement to register in 
SAM.gov a Data Universal Numbering System (DUNS) number to the 
implementation of the Unique Entity Identifier (UEI). More information 
on the phase-out of DUNS numbers is available at https://www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf.

FOR FURTHER INFORMATION CONTACT: Carlene Reid, U.S. Department of

[[Page 7434]]

Education, 400 Maryland Avenue SW, Room 5083A, Potomac Center Plaza, 
Washington, DC 20202-5076. Telephone: (202) 245-6139. 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:

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purposes of the Educational Technology, 
Media, and Materials for Individuals with Disabilities (ETechM2) 
Program are to improve results for children with disabilities by (1) 
promoting the development, demonstration, and use of technology; (2) 
supporting educational activities designed to be of educational value 
in the classroom; (3) providing support for captioning and video 
description that is appropriate for use in the classroom; and (4) 
providing accessible educational materials (AEM) to children with 
disabilities in a timely manner.\1\
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    \1\ Applicants should note that other laws, including the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.; 
28 CFR part 35) and section 504 of the Rehabilitation Act of 1973, 
as amended (29 U.S.C. 794; 34 CFR part 104), may require that State 
educational agencies (SEAs) and local educational agencies (LEAs) 
provide captioning, video description, and other accessible 
educational materials to students with disabilities when these 
materials are necessary to provide equally integrated and equally 
effective access to the benefits of the educational program or 
activity, or as part of a ``free appropriate public education'' as 
defined in 34 CFR 104.33.
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    Priority: This competition includes one absolute priority. In 
accordance with 34 CFR 75.105(b)(2)(v), this priority is from allowable 
activities specified in the statute (see sections 674(c)(1)(D) and 
681(d) of the Individuals with Disabilities Education Act (IDEA); 20 
U.S.C. 1474(c)(1)(D) and 1481(d)).
    Absolute Priority: For FY 2022 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:
    Educational Technology, Media, and Materials for Individuals with 
Disabilities--Educational Materials in Accessible Formats for Eligible 
Children and Students with Disabilities.
    Background:
    IDEA requires State educational agencies (SEAs) and local 
educational agencies (LEAs) to provide free educational materials, 
including textbooks and instructional materials, in accessible formats 
\2\ to eligible early intervention, preschool, elementary, and 
secondary children and students in a timely manner (IDEA Part B, 
section 612(a)(23)(B) and section 613(a)(6)(B)).
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    \2\ For the purposes of this priority, ``accessible format(s)'' 
has the meaning given in 17 U.S.C. 121(d)(1).
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    Further, under section 504 of the Rehabilitation Act of 1973, as 
amended, recipients of Federal financial assistance that are 
institutions of higher education (IHEs), SEAs, and LEAs must provide 
educational materials in accessible formats as a means to accommodate 
students with disabilities, including those who are blind, have a 
visual impairment or perceptual or reading disability, or have a 
physical disability. The accessible formats are needed to provide these 
students with an equal educational opportunity. 34 CFR 104.4.
    Title II of the Americans with Disabilities Act (ADA) of 1990 is 
also applicable and requires, among other things, that public entities, 
including LEAs, SEAs, and public IHEs, ensure that students with 
disabilities have an equal opportunity to participate in a school's 
services, programs, or activities and ensure that communication with 
students with disabilities is as effective as communication with 
students without disabilities, through the provision, in a timely 
manner, of auxiliary aids and services. 28 CFR 35.130, 35.160.
    To help ensure the free distribution of educational materials in 
accessible formats, Congress has granted exceptions to copyright 
holders' exclusive rights to replication and distribution through 17 
U.S.C. 121 (the Chafee Amendment), which authorizes entities to 
reproduce or distribute copies of previously published works in 
accessible formats exclusively for use by eligible persons.\3\
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    \3\ For the purposes of this priority, ``eligible person'' means 
an individual who meets the eligible person definition in 17 U.S.C. 
121(d)(3) regardless of any other disability--(A) is blind; (B) has 
a visual impairment or perceptual or reading disability that cannot 
be improved to give visual function substantially equivalent to that 
of a person who has no such impairment or disability and so is 
unable to read printed works to substantially the same degree as a 
person without an impairment or disability; or (C) is otherwise 
unable, through physical disability, to hold or manipulate a book or 
to focus or move the eyes to the extent that would be normally 
acceptable for reading. Eligibility must be certified in accordance 
with 36 CFR 701.6(b)(2).
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    In the 2019-2020 school year, States reported that there were 
28,132 enrolled students, ages 3 through 21, receiving services through 
IDEA whose primary disability eligibility category was deaf-blindness 
or visual impairment including blindness and 2,381,411 students had a 
specific learning disability, many of whom would typically qualify as 
having a reading or perceptual disability that inhibits access to 
printed educational materials (U.S. Department of Education, 2020). For 
more than 15 years, previous projects supported by the Department have 
provided equitable access to materials that enable access to and 
progress in the general education curriculum for more than 800,000 
individuals who have downloaded more than 10,045,000 files. These 
numbers continue to grow daily (www.bookshare.org). In order to provide 
access to educational content that is otherwise denied to individuals 
with disabilities when content is inaccessible, the provision of AEM is 
required. The provision of AEM enables those individuals to access 
content and experience equal opportunity and benefit from their 
education.
    Priority:
    The purpose of this priority is to fund a cooperative agreement to 
establish and operate a Center that will provide free educational 
materials,\4\ including textbooks, in fully accessible media for 
eligible children and students \5\ enrolled in early intervention, 
preschool, elementary, and secondary schools, and eligible students 
enrolled in postsecondary schools. This Center will provide high-
quality AEM to eligible children and students with disabilities, 
including individuals from racially and ethnically diverse backgrounds, 
at no cost, in a timely manner including dedicated outreach and 
collaboration with stakeholders (including those in high needs 
communities) to increase awareness and use of AEM. As a condition of 
this grant, the educational materials and textbooks distributed by the 
Center must be in accessible formats that are of high quality and meet 
or exceed industry standards for accessibility (e.g., Web Content 
Accessibility Guidelines (WCAG) 2.1 Level AA Standard; EPUB 3.2 
Accessibility Standards) and digital rights management. Processes, 
strategies, and models used in the production, dissemination, and in 
digital rights management must be user-friendly, efficient, and cost 
effective. The AEM distributed by the Center must exemplify 
accessibility features required to receive third-party certification 
for accessibility. The Center will improve access to text, images, 
charts, graphics,

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equations, and other expressions, notations, or numerical content 
included in educational materials. To facilitate continuous improvement 
and promote equity in access to free, high-quality products and 
services, the Center will collect and analyze relevant data on the 
needs of its' users \6\ and barriers encountered by children and 
students eligible to use, but not currently using AEM.
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    \4\ For the purposes of this priority, we are using the term 
``educational materials'' as it is used in section 674(c)(1)(D) of 
IDEA.
    \5\ For the purposes of this priority, ``eligible children and 
students'' are eligible persons as defined in 17 U.S.C. 121.
    \6\ For the purposes of this priority, ``users'' includes 
eligible children and students, families, schools, SEAs, LEAs, 
postsecondary schools, and vocational rehabilitation agencies 
requesting AEM on behalf of eligible children or students.
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    The Center must achieve, at a minimum, the following expected 
outcomes:
    (a) Improved access to text, images, charts, graphics, equations, 
and other expressions, notations, or numerical content disseminated in 
AEM;
    (b) An increase in the number of children and students accessing 
high-quality AEM, including those in underserved communities (e.g., 
urban, rural, and high-poverty areas);
    (c) An increase in the number of early intervention providers, 
LEAs, and postsecondary schools enrolling eligible children or students 
and accessing AEM on behalf of eligible children and students;
    (d) An increase in the number of eligible children and students 
enrolling and accessing AEM directly from the Center;
    (e) An increase in the number of publishers and producers who 
create and disseminate student-ready accessible files to the Center and 
provide eligible children and students direct access to student-ready 
accessible files;
    (f) An increase in the number and quality of science, technology, 
engineering, and mathematics (STEM) textbooks and educational 
materials, including STEM images, graphics, descriptions, charts, 
equations, and other expressions, notations, or numerical content 
distributed to eligible children and students;
    (g) Improved implementation of a model or models for producing and 
disseminating educational materials in accessible formats for children 
served under Part C of IDEA and section 619 of IDEA;
    (h) Expanded or enhanced models for postsecondary schools to 
produce and disseminate accessible educational materials and textbooks 
that align with the key recommendations from the Advisory Commission on 
Accessible Instructional Materials in Postsecondary Education for 
Students with Disabilities (2011); \7\ and
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    \7\ For the recommendations from this report, please see: 
https://aem.cast.org/get-started/resources/2011/postsecondary-advisory-commission-report
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    (i) Increased provision of educational materials in accessible 
formats, including any specialized software needed to use the 
materials, at no cost to SEAs, LEAs, families, schools for use by 
students who are eligible to receive accessible materials through the 
National Instructional Materials Access Center (NIMAC).\8\
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    \8\ For more information regarding the NIMAC, please see: 
www.nimac.us.
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    In addition to these programmatic requirements, to be considered 
for funding under this priority, applicants must meet the application 
and administrative requirements in this priority, which are:
    (a) Demonstrate, in the narrative section of the application under 
``Quality of project services,'' how the proposed project will--
    (1) Acquire materials from publishers or authorized entities and 
make those materials accessible and available as high-quality, user-
friendly AEM, including digital text, braille-ready files, and audio 
formats at no cost to eligible children and students;
    (2) Ensure equal access and treatment for eligible children and 
students from groups that have traditionally been underrepresented 
based on race, color, national origin, gender, age, or disability. To 
meet this requirement, the applicant must describe how it will--
    (i) Apply knowledge of diverse populations, inclusive with regard 
to race, ethnicity, culture, language, and disability status, to 
determine preferences and respond to unmet needs of eligible children 
and students in selecting the materials and services made available by 
the Center;
    (ii) Use criteria to develop and implement processes for selecting, 
producing, and adding high-quality products and services to meet the 
needs of eligible children and students; and
    (iii) Increase engagement in high-need communities to ensure 
educators in these communities are accessing professional development 
and learning to support the effective use of AEM in their instructional 
practice.
    (3) Achieve its goals, objectives, and intended outcomes. To meet 
this requirement, the applicant must provide--
    (i) Measurable intended project outcomes; and
    (ii) A plan to implement the services and provide the products 
described in paragraph one of this section including the provision of 
no cost, compatible software for use with a variety of electronic 
devices and operating systems (e.g., e-readers, computers, smart 
phones, and tablets);
    (iii) A plan that focuses on improving the quality, timeliness, 
ease of use, and access to AEM for eligible children and students, 
including anticipating and responding to future needs and technologies 
across the five years of the project;
    (iv) A plan to ensure that eligible children and students will 
continue to be able to access at no cost the educational materials, 
including textbooks, in accessible formats, when the Center is no 
longer federally funded;
    (v) A plan to ensure that resources developed by the Center are, to 
the maximum extent allowable under the law, openly licensed \9\ through 
an open licensing authority;
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    \9\ Openly licensed educational resources are teaching, 
learning, and research resources that reside in the public domain or 
have been released under a license that permits their use, 
modification, and sharing with others.
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    (vi) A detailed digital rights management plan that will be 
implemented during the project and will protect the interests of rights 
holders while maintaining ease of access to AEM for eligible children 
and students;
    (vii) A plan to consult with publishers, software developers, other 
manufacturers of AEM for eligible children and students, and the NIMAC, 
to ensure that the project uses the most efficient, cost-effective 
technology available to provide timely access to AEM. This plan should 
also address strategies to provide consistent features across all 
interfaces and media formats;
    (viii) A plan to encourage and support the inclusion of 
accessibility features that are embedded during the development and 
production of the AEM by publishers and producers, where possible;
    (ix) A plan for how the project will proactively coordinate across 
authorized entities to include IHEs, SEAs, and LEAs to reduce costs of 
production and duplication of materials, and to improve the timeliness 
of distribution;
    (x) Information on how the project will collaborate with the 
National Library Service (NLS), Described and Captioned Media Program 
(DCMP), NIMAC, the National AEM Center, and other projects supporting 
accessibility to ensure awareness of work, share developed products to 
improve the quality of AEM, and minimize duplicative efforts;
    (xi) Information on how the project will collaborate with the 
National AEM

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Center and other projects supporting accessibility to implement a plan 
for improving IHE, SEA, and LEA systems for providing educational 
material in accessible formats to eligible children and students; and
    (xii) A description of how the project will ensure that project 
activities are conducted in compliance with 17 U.S.C. 121. 
(www.copyright.gov/title17/92chap1.html#121).
    (4) Provide direct support to eligible children and students to 
address any technical assistance (TA) needs;
    (5) Implement outreach activities to systematically distribute 
information, products, and services to varied audiences, including 
underserved individuals and their families (e.g., individuals from 
racially, ethnically, linguistically diverse backgrounds and 
individuals living in poverty or experiencing homelessness), using a 
variety of engagement strategies, to promote awareness and use of the 
Center's products and services; and
    (6) Develop a professional learning plan to increase awareness of 
AEM, develop educator capacity, and create support systems for current 
and future educators. The plan must include strategies to engage 
faculty from teacher preparation programs responsible for preparing 
future educators as well as outreach to and engagement with current 
educators to support the effective use of AEM in their instructional 
practice.
    (b) In the narrative section of the application under ``Quality of 
the project evaluation,'' include an evaluation plan for the project 
developed in consultation with and implemented by a third-party 
evaluator.\10\ The evaluation plan must--
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    \10\ A third-party evaluator is an independent and impartial 
program evaluator who is contracted by the grantee to conduct an 
objective evaluation of the project. This evaluator must not have 
participated in the development or implementation of any project 
activities, except for the evaluation activities, nor have any 
financial interest in the outcome of the evaluation.
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    (1) Include the logic model \11\ by which the proposed project will 
achieve its intended outcomes that depicts, at a minimum, the goals and 
how they will be measured, activities, outputs, and intended outcomes 
of the proposed project;
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    \11\ Logic model (34 CFR 77.1) (also referred to as a theory of 
action) means a framework that identifies key project components of 
the proposed project (i.e., the active ``ingredients'' that are 
hypothesized to be critical to achieving the relevant outcomes) and 
describes the theoretical and operational relationships among the 
key project components and relevant outcomes.
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    (2) Describe a formative and summative evaluation plan, including 
important process and outcome evaluation questions. 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 quality of products and services. 
This plan should be related to the project's proposed logic model 
required in paragraph (b)(1) of the application and administrative 
requirements in this priority;
    (3) 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 to be used 
so that the project can better meet the needs of current users and 
identify the needs of eligible, non-users. Identify and justify the 
sources for data appropriate to the evaluation questions. Include 
information regarding procedures for establishing reliability and 
validity of measures and data quality, where appropriate. Data sources 
must include, at a minimum--
    (i) Information on the numbers of free educational materials 
requested by, produced for, available to, distributed to, and accessed 
by eligible children and students;
    (ii) Information on the characteristics of the free educational 
materials (e.g., descriptive metadata, file types, types of literary 
work, source of materials), requested by, produced for, available to, 
distributed to, and accessed by eligible children and students;
    (iii) Information on the characteristics of the current users 
(e.g., qualifying disability type (visual, learning, physical), 
individualized education program status, 504 plan status, age, grade 
level, member type, National Center for Education Statistics District 
ID or Institution) who request and access the free educational 
materials;
    (4) Describe strategies for analyzing data and how data collected 
as part of this plan will be used to inform and improve product 
development and service delivery over the course of the project and to 
refine the proposed logic model and evaluation plan, including 
subsequent data collection;
    (5) Include cost and efficiency measures, or a plan for cost and 
efficiency measures, for the production of AEM and using information 
from those measures to incorporate the most efficient, cost-effective 
technology available to provide timely access to AEM that can be used 
across alternative media formats;
    (6) Provide a timeline for conducting the evaluation and include 
staff assignments for completing the plan. The timeline must indicate 
that the data will be available annually for the annual performance 
report (APR) and at the end of Year 2 for the review process described 
under the heading, Fourth and Fifth Years of the Project;
    (7) Dedicate sufficient funds in each budget year to cover the 
costs of developing or refining the evaluation plan in consultation 
with a third-party evaluator, as well as the costs associated with the 
implementation of the evaluation plan by the third-party evaluator.
    (c) Demonstrate, in the narrative section of the application under 
``Adequacy of resources and quality of project personnel,'' how--
    (1) The proposed project will encourage applications for employment 
from persons who are members of groups that have traditionally been 
underrepresented based on race, color, national origin, gender, age, or 
disability, as appropriate;
    (2) The proposed key project personnel, consultants, and 
subcontractors have the qualifications and experience to carry out the 
proposed activities and achieve the project's intended outcomes;
    (3) The applicant and any key partners have adequate resources to 
carry out the proposed activities; and
    (4) The proposed costs are reasonable in relation to the 
anticipated results and benefits.
    (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;
    (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;
    (3) The proposed management plan will ensure that the products and 
services provided are of high quality, relevant, and useful to 
recipients; and
    (4) The proposed project will benefit from a diversity of 
perspectives, including those of eligible children or students, 
families, educators, TA providers, researchers, and policy makers, 
among others, in its development and operation.

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    (5) The proposed project will establish and maintain an advisory 
committee consisting of representatives from an SEA and an LEA; 
representatives from community colleges and four-year IHEs; 
representatives from vocational rehabilitation agencies; eligible 
children and students, and/or parents or family members of eligible 
children or students; and representatives of schools or other 
institutions where AEM are used. The purpose of this advisory committee 
is to provide the project with input and ongoing advice on the 
project's goals, objectives, products, and services. The project must 
submit the proposed membership of the advisory committee to the Office 
of Special Education Programs (OSEP) for approval within eight weeks 
after receipt of the award;
    (6) The project will communicate and collaborate on an ongoing 
basis with OSEP-funded projects (see www.osepideasthatwork.org/find-center-or-grant/find-a-center), including NIMAS-related projects. 
Activities could include jointly developing products, training 
sessions, and materials; and improving the AEM delivery system to 
ensure timely and easy access; and
    (7) The project will maintain ongoing communication with the OSEP 
project officer through phone conferences, email communication, and 
face-to-face meetings, as appropriate.
    (e) Address the following application requirements. The applicant 
must--
    (1) Include, in Appendix A, personnel-loading charts and timelines, 
as applicable, to illustrate the management plan described in the 
narrative;
    (2) Use a conceptual framework (and provide a copy in Appendix A) 
to develop project plans and activities, describing any underlying 
concepts, assumptions, expectations, beliefs, or theories, as well as 
the presumed relationships or linkages among these variables, and any 
empirical support for this framework;
    Note: The following websites provide more information on logic 
models and conceptual frameworks: www.osepideasthatwork.org/logicModel 
and www.osepideasthatwork.org/resources-grantees/program-areas/ta-ta/tad-project-logic-model-and-conceptual-framework.
    (3) Include, in the budget, attendance at the following:
    (i) A one and one-half day kick-off meeting in Washington, DC, or 
virtually, after receipt of the award, and an annual planning meeting 
in Washington, DC, or virtually, with the OSEP project officer and 
other relevant staff during each subsequent year of the project period.
    Note: Within 30 days of receipt of the award, a post-award 
teleconference must be held between the OSEP project officer and the 
grantee's project director or other authorized representative;
    (ii) A two and one-half day project directors' conference in 
Washington, DC, or virtually, during each year of the project period;
    (iii) Two annual two-day trips, or virtually, to attend Department 
briefings, Department-sponsored conferences, and other meetings, as 
requested by OSEP; and
    (iv) A one-day intensive 3+2 review meeting in Washington, DC, or 
virtually, during the last half of the second year of the project 
period;
    (4) Include, in the budget, a line item for an annual set-aside of 
5 percent of the grant amount to support emerging needs that are 
consistent with the proposed project's intended outcomes, as those 
needs are identified in consultation with, and approved by, the OSEP 
project officer. With approval from the OSEP project officer, the 
project must reallocate any remaining funds from this annual set-aside 
no later than the end of the third quarter of each budget period; and
    (5) Maintain a high-quality website, with an easy-to-navigate 
design, that meets or exceeds government or industry-recognized 
standards for accessibility;
    (6) Ensure that annual project progress toward meeting project 
goals is posted on the project website; and
    (7) Include, in Appendix A, an assurance to assist OSEP with the 
transfer of pertinent resources and products and to maintain the 
continuity of services to eligible children and students during the 
transition to this new award period and at the end of this award 
period, as appropriate.
    Fourth and Fifth Years of the Project:
    In deciding whether to continue funding the project for the fourth 
and fifth years, the Secretary will consider the requirements of 34 CFR 
75.253(a), including--
    (a) The recommendations of a 3+2 review team consisting of experts 
who have experience and knowledge in providing educational materials in 
accessible formats for eligible children and students with 
disabilities. This review will be conducted during a one-day intensive 
meeting that will be held during the last half of the second year of 
the project period;
    (b) The timeliness with which, and how well, the requirements of 
the negotiated cooperative agreement have been or are being met by the 
project; and
    (c) The quality, relevance, and usefulness of the project's 
products and services and the extent to which the project's products 
and services are aligned with the project's objectives and likely to 
result in the project achieving its intended outcomes.
    Under 34 CFR 75.253, the Secretary may reduce continuation awards 
or discontinue awards in any year of the project period for excessive 
carryover balances or a failure to make substantial progress. The 
Department intends to closely monitor unobligated balances and 
substantial progress under this program and may reduce or discontinue 
funding accordingly.
    References:

Advisory Commission on Accessible Instructional Materials in 
Postsecondary Education. (December 6, 2011). Report of the Advisory 
Commission on Accessible Instructional Materials in Postsecondary 
Education for Students with Disabilities. Advisory Commission on AIM 
in Postsecondary Education. http://aem.cast.org/about/publications/2011/postsecondary-advisory-commission-report.html
U.S. Department of Education. 2020. IDEA section 618 data products: 
Static tables (2019-2020). http://www2.ed.gov/programs/osepidea/618-data/static-tables/index.html#partb-cc.

    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. 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.
    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in Federal 
civil rights laws.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 
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.
    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian Tribes.

[[Page 7438]]

    Note: The regulations in 34 CFR part 86 apply to IHEs only.

II. Award Information

    Type of Award: Cooperative agreement.
    Estimated Available Funds: The Administration has requested 
$29,547,000 for the Educational Technology, Media, and Materials for 
Individuals with Disabilities program for FY 2022, of which we intend 
to use an estimated $8,500,000 for this competition. The actual level 
of funding, if any, depends on final congressional action. However, we 
are inviting applications to allow enough time to complete the grant 
process if Congress appropriates funds for this program.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2023 from the list of 
unfunded applications from this competition.
    Maximum Award: We will not make an award exceeding $8,500,000 for a 
single budget period of 12 months.
    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: SEAs; State lead agencies under Part C of 
IDEA; LEAs, including public charter schools that are considered LEAs 
under State law; IHEs; other public agencies; private nonprofit 
organizations; freely associated States and outlying areas; Indian 
Tribes or Tribal organizations; and for-profit organizations.
    2. a. Cost Sharing or Matching: This competition does not require 
cost sharing or matching.
    b. Indirect Cost Rate Information: This program uses an 
unrestricted indirect cost rate. For more information regarding 
indirect costs, or to obtain a negotiated indirect cost rate, please 
see www2.ed.gov/about/offices/list/ocfo/intro.html.
    c. Administrative Cost Limitation: This program does not include 
any program-specific limitation on administrative expenses. All 
administrative expenses must be reasonable and necessary and conform to 
Cost Principles described in 2 CFR part 200 subpart E of the Uniform 
Guidance.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to 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 December 27, 2021 (86 FR 73264) and available at 
www.federalregister.gov/d/2021-27979. Please note that these Common 
Instructions supersede the version published on February 13, 2019, and, 
in part, describe the transition from the requirement to register in 
SAM.gov a Data Universal Numbering System (DUNS) number to the 
implementation of the Unique Entity Identifier (UEI). More information 
on the phase-out of DUNS numbers is available at https://www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf.
    2. 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.
    3. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    4. Recommended Page Limit: The application narrative 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 the cover sheet; the 
budget section, including the narrative budget justification; 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 34 CFR 75.210 and are listed below:
    (a) Quality of project services (30 points).
    (1) The Secretary considers the quality of the services to be 
provided by the proposed project.
    (2) In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the quality and 
sufficiency of strategies for ensuring equal access and treatment for 
eligible project participants who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability.
    (3) In addition, the Secretary considers the following factors:
    (i) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable.
    (ii) The likely impact of the services to be provided by the 
proposed project on the intended recipients of those services.
    (iii) The extent to which the services to be provided by the 
proposed project reflect up-to-date knowledge from research and 
effective practice.
    (iv) The extent to which the training or professional development 
services to be provided by the proposed project are of sufficient 
quality, intensity, and duration to lead to improvements in practice 
among the recipients of those services.
    (v) The extent to which the technical assistance services to be 
provided by the proposed project involve the use of efficient 
strategies, including the use of technology, as appropriate, and the 
leveraging of non-project resources.

[[Page 7439]]

    (b) Quality of the project evaluation (30 points).
    (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.
    (ii) The extent to which the methods of evaluation provide for 
examining the effectiveness of project implementation strategies.
    (iii) The extent to which the methods of evaluation will provide 
timely guidance for quality assurance.
    (iv) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes.
    (v) The extent to which the methods of evaluation will provide 
valid and reliable performance data on relevant outcomes.
    (c) Adequacy of resources and quality of project personnel (20 
points).
    (1) The Secretary considers the adequacy of resources for the 
proposed project and the quality of the personnel who will carry out 
the proposed project.
    (2) In determining the quality of project personnel, the Secretary 
considers the extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability.
    (3) In addition, the Secretary considers the following factors:
    (i) The qualifications, including relevant training and experience, 
of the project director or principal investigator.
    (ii) The qualifications, including relevant training and 
experience, of key project personnel.
    (iii) The qualifications, including relevant training and 
experience, of project consultants or subcontractors.
    (iv) The qualifications, including relevant training, experience, 
and independence, of the evaluator.
    (v) The adequacy of support, including facilities, equipment, 
supplies, and other resources, from the applicant organization or the 
lead applicant organization.
    (vi) The relevance and demonstrated commitment of each partner in 
the proposed project to the implementation and success of the project.
    (vii) The extent to which the budget is adequate to support the 
proposed project.
    (viii) The extent to which the costs are reasonable in relation to 
the objectives, design, and potential significance of the proposed 
project.
    (d) Quality of the management plan (20 points).
    (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 the following factors:
    (i) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks.
    (ii) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed 
project.
    (iii) The adequacy of mechanisms for ensuring high-quality products 
and services from the proposed project.
    (iv) How the applicant will ensure that a diversity of perspectives 
are brought to bear in the operation of the proposed project, including 
those of parents, teachers, the business community, a variety of 
disciplinary and professional fields, recipients or beneficiaries of 
services, or others, as appropriate.
    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 
200.206, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
200.208, the Secretary may impose specific conditions, and under 2 CFR 
3474.10, 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 200.206(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.

[[Page 7440]]

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.
    6. In General: In accordance with the Office of Management and 
Budget's guidance located at 2 CFR part 200, all applicable Federal 
laws, and relevant Executive guidance, the Department will review and 
consider applications for funding pursuant to this notice inviting 
applications in accordance with--
    (a) Selecting recipients most likely to be successful in delivering 
results based on the program objectives through an objective process of 
evaluating Federal award applications (2 CFR 200.205);
    (b) Prohibiting the purchase of certain telecommunication and video 
surveillance services or equipment in alignment with section 889 of the 
National Defense Authorization Act of 2019 (Pub. L. 115--232) (2 CFR 
200.216);
    (c) Providing a preference, to the extent permitted by law, to 
maximize use of goods, products, and materials produced in the United 
States (2 CFR 200.322); and
    (d) Terminating agreements in whole or in part to the greatest 
extent authorized by law if an award no longer effectuates the program 
goals or agency priorities (2 CFR 200.340).

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: For the purposes of Department reporting 
under 34 CFR 75.110, we have 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 ETechM2 
Program. These measures are:
     Program Performance Measure #1: The percentage of ETechM2 
Program products and services judged to be of high quality by an 
independent review panel of experts qualified to review the substantial 
content of the products and services.
     Program Performance Measure #2: The percentage of ETechM2 
Program products and services judged to be of high relevance to 
improving outcomes for infants, toddlers, children, and youth with 
disabilities.
     Program Performance Measure #3: The percentage of ETechM2 
Program products and services judged to be useful in improving results 
for infants, toddlers, children, and youth with disabilities.
     Program Performance Measure #4.1: The Federal cost per 
unit of accessible educational materials funded by the ETechM2 Program.
     Program Performance Measure #4.2: The Federal cost per 
unit of accessible educational materials from the National 
Instructional Materials Access Center funded by the ETechM2 Program.
     Program Performance Measure #4.3: The Federal cost per 
unit of video description funded by the ETechM2 Program.
    The measures apply to projects funded under this competition, and 
grantees are required to submit data on these measures as directed by 
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 and 75.591).
    The Department will also closely monitor the extent to which the 
products and services provided by the Center meet needs identified by 
stakeholders and may require the Center to report on such alignment in 
their quarterly, 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: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document and a copy of the application package in an 
accessible format. The Department will provide the requestor with an 
accessible format that may include Rich Text Format (RTF) or text 
format (txt), a thumb drive, an MP3 file, braille, large print, 
audiotape, or compact disc, or other accessible format.

[[Page 7441]]

    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.

Katherine Neas,
Deputy Assistant Secretary, delegated the authority to perform the 
functions and duties of the Assistant Secretary for the Office of 
Special Education and Rehabilitative Services.
[FR Doc. 2022-02688 Filed 2-8-22; 8:45 am]
BILLING CODE 4000-01-P