[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Notices]
[Pages 14993-14994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04909]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Authorization of Subgrants for The Rhonda Weiss National 
Technical Assistance Center To Improve State Capacity To Collect, 
Report, Analyze, and Use Accurate IDEA Data in Accessible Formats

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Education Department General Administrative 
Regulations, the Department of Education (Department) authorizes the 
grantee receiving an award under the Rhonda Weiss National Technical 
Assistance Center to Improve State Capacity to Collect, Report, 
Analyze, and Use Accurate IDEA Data in Accessible Formats (Accessible 
Data Center), (Assistance Listing Number (ALN) 84.373Q), to make 
subgrants, subject to the limitations described in this notice.

DATES: Applicable Date: March 10, 2023.

FOR FURTHER INFORMATION CONTACT: Rebecca Smith, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5076, Potomac Center Plaza, 
Washington, DC 20202-5076. Telephone: (202) 987-0139. Email: 
[email protected].
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION: 
    Purpose of Program: The purpose of the Accessible Data Center is to 
improve State capacity to accurately collect, report, analyze, and use 
the Individuals with Disabilities Education Act (IDEA) Part B and Part 
C data reported under IDEA sections 616 and 618 in accessible formats 
for persons with disabilities, particularly those with blindness, 
visual impairments, motor impairments, and intellectual disabilities.
    Subgrant Authorization: The Department's regulations in 34 CFR 
75.708(a) prohibit a grantee from making a subgrant under this program 
unless authorized by statute or by a notice in the Federal Register. 
While subgranting is not authorized by statute for this program, and 
the Department's notice inviting applications (NIA) published in the 
Federal Register on July 12, 2022 (87 FR 41298) did not authorize 
subgranting for this program, the Department has determined that 
subgrants may be appropriate and necessary to enable the grantee to 
meet the purposes of the Accessible Data Center. Specifically, OSEP has

[[Page 14994]]

determined that allowing the grantee to form partnerships with eligible 
entities to implement grant requirements under this competition 
(including through the awarding of a subgrant) is necessary given the 
project's nature and need for a close, collaborative and substantive 
relationship between the grantee and the subgrant and the grantee's 
responsibility to oversee its subgrantee. Accordingly, through this 
notice, we authorize the grantee, Applied Engineering Management 
Corporation (AEM) to make subgrants on the terms outlined in this 
notice and consistent with AEM's application.
    Under 34 CFR 75.708(b) and (c), if the grantee uses this 
subgranting authority, the grantee has the authority to award subgrants 
only to eligible entities identified in the grantee's approved 
application or selected through a competition under procedures 
established by the grantee, and the subgrants must be used only to 
directly carry out project activities described in the grantee's 
approved application and consistent with the purpose described in ALN 
84.373Q and the priority and requirements established in the NIA. The 
Accessible Data Center grantee may make subgrants to the following 
eligible entities: State educational agencies; State lead agencies 
under Part C of the IDEA; local educational agencies (LEAs), including 
public charter schools that are considered LEAs under State law; 
institutions of higher education; other public agencies; nonprofit 
organizations; freely associated States and outlying areas; Indian 
Tribes or Tribal organizations; and for-profit organizations.
    Further, under 34 CFR 75.708(d), the grantee must ensure that: (1) 
subgrants are awarded on the basis of the approved budget that is 
consistent with the grantee's approved application and all applicable 
Federal statutory, regulatory, and other requirements; (2) every 
subgrant includes all conditions required by Federal statutes and 
Executive Orders and their implementing regulations; and (3) 
subgrantees are aware of the requirements imposed upon them by Federal 
statutes and regulations, including the Federal anti-discrimination 
laws enforced by the Department, which are listed in 34 CFR 75.500. 
Additionally, as is true with any expenditures incurred under the 
Department's grant programs, Accessible Data Center expenditures must 
satisfy the OMB Uniform Administrative Requirements, Cost Principles, 
and Audit Requirements for Federal Awards in 2 CFR part 200, including 
the Federal cost principles in 2 CFR part 200, subpart E. Therefore, 
any subgrant and subgrantee expenditures must comply with the Federal 
cost principles, and the grantee, as a pass-through entity, must comply 
with the procedures for making subawards described in 2 CFR 200.332.

    Note: This notice does not solicit applications.

    Program Authority: 20 U.S.C. 1411(c), 1416(i), 1418(c), 1442; and 
the Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 
1182, 1601.
    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document 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.
    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 published by the Department in 
the Federal Register, in text or Adobe Portable Document Format (PDF). 
To use PDF you must have Adobe Acrobat Reader, which is available free 
at the site. You may also access Department documents 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. 2023-04909 Filed 3-9-23; 8:45 am]
BILLING CODE 4000-01-P