[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Notices]
[Pages 45399-45409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15159]


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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 School Safety National Activities Programs--National 
Technical Assistance Center on Positive Behavioral Interventions and 
Supports

AGENCY: Office of Special Education and Rehabilitative Services, Office 
of Elementary and Secondary Education, 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) 2023 for a 
National Technical Assistance Center on Positive Behavioral 
Interventions and Supports, Assistance Listing Number 84.326S. This 
notice relates to the approved information collection under OMB control 
number 1820-0028.

DATES: 
    Applications Available: July 17, 2023.
    Deadline for Transmittal of Applications: August 31, 2023.
    Pre-Application Webinar Information: No later than July 24, 2023, 
the Office of Special Education and Rehabilitative Services will post 
pre-recorded informational webinars designed to provide technical 
assistance (TA) to interested applicants. The webinars may be found at 
https://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 7, 2022 (87 FR 75045) and available at 
www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs. Please note that these Common Instructions supersede 
the version published on December 27, 2021.

FOR FURTHER INFORMATION CONTACT: Mohamed Soliman, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5054B, Potomac Center Plaza, 
Washington, DC 20202-5067. Telephone: (202) 245-6335. 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:

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: 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 TA, supporting 
model demonstration projects, disseminating useful information, and 
implementing activities that are supported by scientifically based 
research.
    The School Safety National Activities Program provides support to 
State educational agencies (SEAs) and local educational agencies (LEAs) 
for activities to improve student safety and well-being.
    Priorities: This competition includes two absolute priorities. 
Applicants must address both priorities, and we will make one award as 
a comprehensive investment designed to enhance local and State efforts 
to improve school climate, conditions for learning, and access to and 
engagement in the instructional environment, with a focus on students 
with behavioral challenges, by implementing comprehensive positive 
behavioral interventions and

[[Page 45400]]

supports (PBIS) frameworks.\1\ Absolute Priority 1 is established in 
accordance with section 437(d)(1) of the General Education Provisions 
Act (GEPA) (20 U.S.C. 1232(d)(1)). Absolute Priority 2 is from the 
Notice of Final priority and requirements--Technical Assistance and 
Dissemination to Improve Services and Results for Children with 
Disabilities and the School Safety National Activities--National 
Technical Assistance Center on Positive Behavioral Interventions and 
Supports (NFP), published elsewhere in this issue of the Federal 
Register.
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    \1\ The term ``positive behavioral interventions and supports'' 
was first used in a priority published by the Department in 1997, 
and it is currently used in the IDEA (e.g., sections 601(c)(5)(F), 
611(e)(2)(C)(iii), 614(d)(3)(B)(i), 662(b)(2)(A)(v), and 665) and 
the ESEA (e.g., section 4631(a)(1)(B)). We do not use PBIS to mean 
any specific program or curriculum. Rather, we use the term 
generically to reference a multi-tiered framework used to improve 
the integration and implementation of social, emotional, behavioral 
and mental health practices, data-driven decision-making systems, 
professional development opportunities, school leadership, 
supportive SEA and LEA policies, and evidence-based instructional 
strategies. A PBIS framework helps to organize practices to improve 
social, emotional, behavioral, mental health and academic outcomes 
by improving school climate, promoting positive social skills, 
promoting effective strategies to support and respond to student 
needs, and increasing learning time. PBIS is an evidence-based, 
tiered framework (Tier 1: Universal, Primary Prevention; Tier 2: 
Targeted, Secondary Prevention; and Tier 3: Intensive and 
Individualized, Tertiary Prevention) for supporting students' 
behavioral, academic, social, emotional, and mental health.
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    Background:
    Many students need additional supports to address social, 
emotional, and behavioral challenges that impact their full access to 
and participation in learning (Chafouleas, 2020). These challenges, if 
not properly addressed, can lead to student responses that are 
inconsistent with school or program expectations. The COVID-19 global 
pandemic exacerbated these challenges, accelerating the need to provide 
school-based social, emotional, behavioral, and mental health supports 
and leverage the existing evidence base to provide nurturing 
educational environments to meet the needs of our nation's youth.
    MTSS frameworks such as PBIS \2\ have been validated by numerous 
randomized control trials (Bradshaw et al., 2012; Freeman et al., 
2017). When implemented with fidelity, PBIS outcomes include reductions 
in removals of students from instruction; improved student exposure to 
and success in academics (grades and completion); improved educator 
satisfaction and retention; and improved overall ratings of school 
safety, belonging, and climate.
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    \2\ The term ``positive behavioral interventions and supports'' 
was first used in a priority published by the Department in 1997, 
and it is currently used in the IDEA (e.g., sections 601(c)(5)(F), 
611(e)(2)(C)(iii), 614(d)(3)(B)(i), 662(b)(2)(A)(v), and 665) and 
the ESEA (e.g., section 4631(a)(1)(B)). We do not use PBIS to mean 
any specific program or curriculum. Rather, we use the term 
generically to reference a multi-tiered framework used to improve 
the integration and implementation of social, emotional, behavioral 
and mental health practices, data-driven decision-making systems, 
professional development opportunities, school leadership, 
supportive SEA and LEA policies, and evidence-based instructional 
strategies. A PBIS framework helps to organize practices to improve 
social, emotional, behavioral, mental health and academic outcomes 
by improving school climate, promoting positive social skills, 
promoting effective strategies to support and respond to student 
needs, and increasing learning time. PBIS is an evidence-based, 
tiered framework (Tier 1: Universal, Primary Prevention; Tier 2: 
Targeted, Secondary Prevention; and Tier 3: Intensive and 
Individualized, Tertiary Prevention) for supporting students' 
behavioral, academic, social, emotional, and mental health.
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    Despite improved outcomes and knowledge from PBIS implementation 
efforts over the last two decades, data from the Office for Civil 
Rights' Civil Rights Data Collection suggests students from underserved 
groups are more likely to experience exclusionary discipline (e.g., 
suspensions, expulsions) (U.S. Department of Education, Civil Rights 
Data Collection SY17-18, Office for Civil Rights, 2021). Disaggregated 
data shows that disproportionate use of discipline grows when 
considering race, sex, and disability. Id. Research consistently shows 
that students of color, particularly Black students, Native students, 
and Black students with disabilities are significantly more likely than 
their non-disabled or White peers to be subjected to exclusionary 
discipline practices, including office discipline referrals and 
suspensions (e.g., Gage et al., 2019; McIntosh et al., 2018; McIntosh 
et al., 2021; Civil Rights Data Collection SY17-18, Office for Civil 
Rights, 2021). While disproportionality with respect to Black boys has 
long been acknowledged, more recent data analysis indicates the 
disproportionality also exists for Black girls as compared to White 
girls (Hassan & Carter, 2021). Other studies show disproportionality 
based on gender, historically demonstrating boys receive suspensions 
and expulsions at higher rates than girls (Bradshaw et al., 2010). 
Higher rates of punitive discipline practices also exist for students 
who identify as LGBTQ and those with disabilities (Himmelstein & 
Br[uuml]ckner, 2011; Brobbey, 2018). When students are denied access to 
instruction and participation in school opportunities, they are more 
likely to experience negative outcomes in school and later in life, 
including poor academic outcomes, lower graduation rates, 
incarceration, and employment and relationship challenges (Hemez et 
al., 2020; Lansford et al., 2016).
    One of the most significant barriers to reducing exclusionary and 
aversive discipline practices for students, including students of color 
and students with disabilities, is the lack of culturally and 
linguistically inclusive pre-service and in-service training for 
teachers and leaders on effective practices for creating positive, safe 
learning environments to teach and support desired school behaviors and 
for responding to and mitigating behaviors that are inconsistent with 
school expectations and interfere with learning. The PBIS framework has 
provided an effective multi-tiered structure through the implementation 
and examination of systems, practices, and data to assist LEAs and 
schools in addressing inequities. When there is fidelity in 
implementing evidence-based practices (EBPs) \3\ to prevent, reduce, 
and mitigate interfering behaviors within a PBIS framework, studies 
have found the following statistically significant results: improved 
perception of school safety; reductions in overall behaviors that are 
inconsistent with classroom or school expectations and that interfere 
with learning; and reduction of bullying behaviors, office discipline 
referrals, chronic absenteeism, and suspensions (Waasdorp et al., 
2012). The PBIS framework has solidified the importance of core 
strategies, including implementing EBPs, and providing the systems 
needed to support those practices and data-based decision-making, to 
create and sustain positive, safe, and predictable learning 
environments. Fidelity in the implementation of the core strategies has 
also demonstrated the importance of adult responses, including 
effectively supporting and responding to student behavior (Horner et 
al., 2020).
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    \3\ For the purposes of this priority, ``evidence-based 
practices'' (EBPs) means, at a minimum, demonstrating a rationale 
(as defined in 34 CFR 77.1) based on high-quality research findings 
or positive evaluation that such activity, strategy, or intervention 
is likely to improve student outcomes or other relevant outcomes.
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    Although prior Department investments have led to successful 
implementation of the PBIS framework and positive outcome data in over 
27,000 schools, based on persistent needs in the field, the Department 
has determined that additional and continued TA is needed to focus on: 
(1) students with more intensive social, emotional, behavioral, and 
mental health needs and those most likely to be excluded from the 
learning environment due to behavior that interferes with

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learning; (2) pre-service and in-service training on culturally and 
linguistically inclusive practices that support students from 
underserved groups; (3) improving implementation fidelity; and (4) 
addressing other systemic inequities such as access to school funding, 
experienced educators, and advanced coursework opportunities. In 
addition, the Department has determined that SEAs and LEAs could 
benefit from further TA to develop, expand, and sustain school-wide 
frameworks and to build personnel capacity and expertise to promote 
safe, positive, predictable, and culturally and linguistically 
inclusive learning environments where students feel a sense of 
belonging. Such additional TA would be focused on increasing the use of 
EBPs to more effectively support and respond to student needs, such as 
teaching school and classroom expectations, building classroom cultures 
of respect and belonging, and implementing trauma-informed practices. 
Such additional TA also would be focused on using EBPs to reduce the 
use of restraints, seclusion, and corporal punishment; chronic 
absenteeism; incidents of bullying; the disproportionate application of 
disciplinary procedures, such as suspension and expulsion, for 
students, including students of color and those with disabilities; 
unnecessary referrals of students to law enforcement; and violent and 
traumatic school incidents.
    The Center will support States and LEAs in implementing EBPs within 
a MTSS/PBIS framework that improves results for children, including 
those underrepresented based on race, color, national origin, gender, 
age, disability, LGBTQI+, English learner, or socio-economic status. 
While PBIS is one evidence-based MTSS framework for addressing social, 
emotional, behavioral and mental health needs, the Department expects 
that the Center will stay abreast of developing frameworks and identify 
and incorporate a broad array of EBPs to support and respond to student 
needs, and tailor technical assistance in the settings established in 
the priority. This investment is aligned to the Secretary's 
Supplemental Priorities and Definitions for Discretionary Grant 
Programs published in the Federal Register on December 10, 2021 (86 FR 
70612), in the areas of meeting student social, emotional, and academic 
needs, and promoting equity in student access to educational resources 
and opportunities.
    References:

Bradshaw, C., Waasdorp, T., & Leaf, P. (2012). Effects of school-
wide positive behavioral interventions and supports on child 
behavior problems. Pediatrics, 130(5),1136-1145. https://pediatrics.aappublications.org/content/130/5/e1136.
Bradshaw, C.P., Mitchell, M.M., O'Brennan, L.M., & Leaf, P. J. 
(2010). Multilevel exploration of factors contributing to the 
overrepresentation of Black students in office disciplinary 
referrals. Journal of Educational Psychology, 102, 508-520.
Brobbey, G. (2018). Punishing the vulnerable: Exploring suspension 
rates for students with learning disabilities. Intervention in 
School and Clinic, 53, 216-219.
Chafouleas, S. (2020, August). Four questions to ask now in 
preparing your child for school. Psychology Today. 
www.psychologytoday.com/us/blog/promoting-student-well-being/202008/4-questions-ask-now-in-preparing-your-child-school.
Freeman, J., Simonsen, B., Goodman, S., Mitchell, B., George, H.P., 
Swain-Bradway, J., Lane, K., Sprague, J., & Putnam, B. (2017). PBIS 
technical brief on systems to support teachers' implementation of 
positive classroom behavior support. PBIS Center. www.pbis.org/resource/pbis-technical-brief-on-systems-to-support-teachers-implementation-of-positive-classroom-behavior-support.
Gage, N.A., Grasley-Boy, N., George, H.P., Childs, K., & Kincaid, D. 
(2019). A quasi-experimental design analysis of the effects of 
school-wide positive behavior interventions and supports on 
discipline in Florida. Journal of Positive Behavior Interventions, 
21(1), 50-61. https://doi.org/10.1177%2F1098300718768208.
Hassan, H.H., & Carter, V.B. (2021). Black and White Female 
Disproportional Discipline K-12. Education and Urban Society, 53(1), 
23-41. https://doi.org/10.1177/0013124520915571.
Hemez P., Brent J.J., & Mowen T.J. (2020). Exploring the school-to-
prison pipeline: How school suspensions influence incarceration 
during young adulthood. Youth Violence and Juvenile Justice, 18(3), 
235-255. doi: 10.1177/1541204019880945.
Himmelstein, K.E., & Br[uuml]ckner, H. (2011). Criminal-justice and 
school sanctions against nonheterosexual youth: A national 
longitudinal study. Pediatrics, 127(1), 49-57.
Horner, R.H., Sugai, G., & Lewis, T.J. (2020). Is school-wide 
positive behavioral interventions and supports (PBIS) an evidence-
based practice? Center on PBIS, University of Oregon. www.pbis.org/resource/is-school-wide-positive-behavior-support-an-evidence-based-practice.
Lansford, J.E., Dodge, K.A., Pettit, G.S., Bates, J.E. (2016). A 
Public Health Perspective on School Dropout and Adult Outcomes: A 
Prospective Study of Risk and Protective Factors From Age 5 to 27 
Years. Journal of Adolescent Health, 58(6), 652-658.
McIntosh, K., Girvan, E.J., McDaniel, S.C., Santiago-Rosario, M.R., 
St. Joseph, S., Fairbanks Falcon, S., Izzard, S., Bastable, E. 
(2021). Effects of an equity-focused PBIS approach to school 
improvement on exclusionary discipline and school climate. 
Preventing School Failure: Alternative Education for Children and 
Youth, 65(4), 354-361.
McIntosh, K., Girvan, E.J., Fairbanks Falcon, S., McDaniel, S.C., 
Smolkowski, K., Bastable, E., Santiago-Rosario, M.R., Izzard, S., 
Austin, S.C., Nese, R.N.T., & Baldy, T.S. (2021). An equity-focused 
PBIS approach reduces racial inequities in school discipline: A 
randomized controlled trial. School Psychology, 36(6), 433-444. 
https://doi.org/10.1037/spq0000466.
McIntosh, K., Girvan, E.J., Horner, R.H., Smolkowski, K., & Sugai, 
G. (2018). A 5-point intervention approach for enhancing equity in 
school discipline. OSEP Technical Assistance Center on Positive 
Behavioral Interventions and Supports. www.pbis.org/resource/a-5-point-intervention-approach-for-enhancing-equity-in-school-discipline.
U.S. Department of Education, Office for Civil Rights. (2021). 2017-
2018 Civil Rights Data Collection. https://ocrdata.ed.gov/estimations/2017-2018.
Waasdorp, T.E., Bradshaw, C.P., & Leaf, P.J. (2012). The impact of 
schoolwide positive behavioral interventions and supports on 
bullying and peer rejection: A randomized controlled effectiveness 
trial. Archives of Pediatrics and Adolescent Medicine, 166(2), 149-
56. doi: 10.1001/archpediatrics.2011.755.

    Absolute Priorities: For FY 2023 and any subsequent year in which 
we make awards from the list of unfunded applications from this 
competition, these priorities are absolute priorities. Under 34 CFR 
75.105(c)(3), we consider only applications that meet these priorities.
    These priorities are:
    Absolute Priority 1--Technical Assistance and Dissemination to 
Improve Services and Results for Children with Disabilities Program--
National Technical Assistance Center on Positive Behavioral 
Interventions and Supports.
    The purpose of this priority is to fund a cooperative agreement to 
establish and operate a National Technical Assistance Center on 
Positive Behavioral Interventions and Supports (PBIS) (Center). This 
Center will assist SEAs and LEAs to enhance their capacity to develop, 
implement, scale-up, and sustain school-wide frameworks for MTSS/PBIS 
to improve behavior and climate and to enable all students, especially 
those from culturally and linguistically diverse backgrounds, and those 
with disabilities, to fully participate in, and benefit from, a high-
quality learning environment.
    The Center must achieve, at a minimum, the following expected 
outcomes:
    (a) Improved infrastructure at the national, regional, State, and 
district

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levels to support, develop, sustain, and expand local implementation 
efforts (e.g., an increase in the number of schools) of MTSS/PBIS with 
fidelity to demonstrate improved student outcomes: academic 
performance, social-emotional competence, mental health and well-being, 
academic outcomes, reduced bullying behaviors, reduced student reports 
of alcohol and drug use for students with or at risk of disabilities 
and those with the most intensive needs.
    (b) Improved capacity for systems implementation at the SEA and LEA 
levels, including new and existing LEAs and schools, to implement the 
components of a MTSS/PBIS framework (i.e., policies, funding, 
professional development, coaching, data collection, analysis, and use) 
and develop and utilize new and existing tools for selecting and 
aligning multiple initiatives within the SEA or LEA with a special 
focus on PBIS tiers beyond universal and the inclusion of EBPs to 
address mental health and well-being for children and youth with or at 
risk of disabilities, especially those with culturally and 
linguistically diverse backgrounds and those with the most intensive 
needs;
    (c) Improved capacity of existing and new SEA and LEA personnel to 
enhance the knowledge and skills of members of school leadership teams 
and individualized education program (IEP) Teams to implement MTSS/PBIS 
policies and practices for students with or at risk of disabilities and 
those with the most intensive needs, including the development and 
implementation of IEPs and behavior intervention plans that are 
culturally responsive, particularly for students with culturally and 
linguistically diverse backgrounds, to support positive school behavior 
and respond to behaviors that interfere with a student's ability to 
fully participate in, and benefit from, a high-quality learning 
environment;
    (d) Increased use by SEAs and LEAs of new and updated reliable and 
valid tools and processes for evaluating the fidelity of the 
implementation of a MTSS/PBIS framework and for measuring its outcomes, 
including reductions in violence and the illegal use of drugs, 
discipline referrals, suspensions, expulsions, and the use of 
restraints and seclusion; and improvements in school climate, time 
spent in instruction, mental health and well-being, and overall 
academic achievement, particularly for students with culturally and 
linguistically diverse backgrounds, and those with or at risk of 
disabilities, and those with the most intensive needs; and
    (e) Increased body of knowledge to enhance implementation of MTSS/
PBIS, particularly for students with culturally and linguistically 
diverse backgrounds, those with or at risk of disabilities, and for 
those with the most intensive needs, in high-poverty schools, low-
performing schools, rural schools, high schools, alternative public 
schools, charter schools, mental health settings, private schools, and 
juvenile correction settings.
    Absolute Priority 2: Technical Assistance--School Safety National 
Activities Program--National Technical Assistance Center on Positive 
Behavioral Interventions and Supports.
    The purpose of this priority is to enhance the capacity of SEAs and 
LEAs to implement positive and safe school environments, and 
effectively support and respond to students' social, emotional, 
behavioral, and mental health needs to improve their learning, by 
implementing EBPs \4\ within an MTSS/PBIS framework in the following 
settings:
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    \4\ ``Evidence-based practices'' (EBPs) means, at a minimum, 
demonstrating a rationale (as defined in 34 CFR 77.1) based on high-
quality research findings or positive evaluation that such activity, 
strategy, or intervention is likely to improve student outcomes or 
other relevant outcomes.
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    (i) Programs or schools serving high percentages of students from 
low-income families in the following settings:
    (1) Early learning programs.
    (2) Elementary schools.
    (3) Middle schools.
    (4) High schools.
    (5) Career and technical education programs.
    (6) Rural schools.
    (ii) Alternative schools and programs.
    (iii) Juvenile justice system or correctional facilities.
    (iv) Low-performing schools.
    (v) Schools with a high student-to-mental health provider ratio.
    (vi) Schools with high rates of chronic absenteeism, exclusionary 
discipline, referrals to the juvenile justice system, bullying/
harassment, community and school violence, or substance abuse.
    (vii) Schools in which students recently experienced a natural 
disaster, incident of violence, or traumatic event.
    (viii) Schools with high percentages of students with disabilities 
or English Learners.
    (ix) Federally supported elementary schools or secondary schools 
for Indian students.
    To meet this priority, the applicant must propose to achieve, at a 
minimum, one or more of the following expected outcomes:
    (a) Improved systems and resources at the national, regional, 
State, and district levels to support, develop, align, and sustain 
local implementation of MTSS/PBIS efforts to organize EBPs to support 
positive school climates and respond to student social, emotional, 
behavioral, and mental health needs to improve access to and engagement 
in learning.
    (b) Improved capacity of SEA and LEA personnel to support the 
knowledge and skills development of school personnel, including 
administrators and practitioners, through efforts such as pre-service 
and in-service training and coaching, to implement MTSS/PBIS as a 
framework to organize EBPs to support and respond to student needs, 
particularly those from underserved and, culturally and linguistically 
diverse backgrounds, and students whose behaviors may interfere with a 
their ability to fully participate in, and benefit from, a high-quality 
learning environment.
    (c) Increased use by SEAs, LEAs, and school-based personnel of 
reliable and valid tools and processes for enhancing and assessing the 
fidelity of implementation of an MTSS/PBIS Framework and for measuring 
intended outcomes, including improvements in school climate; time spent 
on instruction; well-being and belonging; overall academic achievement; 
and reductions in absenteeism, discipline referrals, suspensions, 
expulsions, the use of restraints or seclusion, illegal use of drugs, 
and referrals to law enforcement.
    (d) Improved implementation of a MTSS/PBIS framework and EBPs, and 
assessment of SEA or LEA recipients of grant programs that focus on 
improving positive school climates and implementing EBPs to support and 
respond to students' social, emotional, behavioral, and mental health 
needs.
    (e) Enhanced response and recovery assistance, as requested by and 
in collaboration with the Department, for violent or traumatic 
incidents that impact school communities, including intensive 
individualized support to facilitate recovery of the learning 
environment.
    (f) Increased body of knowledge and evidence to enhance 
implementation of PBIS and other emerging MTSS frameworks and EBPs to 
address the social, emotional, behavioral, and mental health needs of 
underserved students in the settings established in the priority.
    Common Application Requirements:
    To be considered for funding under these priorities, applicants 
must meet the application and administrative requirements in these 
priorities, which are:

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    (a) Demonstrate how the proposed project will--
    (1) Improve SEAs' and LEAs' implementation, scaling, and sustaining 
of EBPs within a MTSS/PBIS framework and policies that are designed to 
improve school climate and, as needed, to provide additional behavioral 
supports for students whose behavior impacts their ability to fully 
participate in, and benefit from, a high-quality learning environment, 
including students with disabilities and other underserved students in 
the settings established in the priority. To meet this requirement, the 
applicant must--
    (i) Present applicable State, regional, or local data demonstrating 
SEAs' and LEAs' needs related to (A) implementation of EBPs and 
policies to improve school climate, student well-being, and belonging; 
and (B) increasing students' ability to fully participate in, and 
benefit from, a high-quality learning environment;
    (ii) Demonstrate knowledge of current education issues and policy 
initiatives relating to MTSS/PBIS and school climate practices and 
policies and EBPs to effectively support and respond to student 
behavior that impacts learning; and
    (iii) Present information about the current level of implementation 
of MTSS/PBIS, EBPs, policies, best practices, and benefits for all 
students, especially underserved students and those from culturally and 
linguistically diverse backgrounds;
    (2) [See the Unique Application Requirements section below for the 
separate requirements applicable to Absolute Priority 1 and Absolute 
Priority 2 in paragraph (a)(2).]
    (b) Demonstrate how the proposed project will--
    (1) Ensure equal access and treatment for members of groups that 
have traditionally been underrepresented based on race, color, national 
origin, gender, age, disability, LGBTQI+, English learner, or socio-
economic status. To meet this requirement, the applicant must describe 
how it will--
    (i) Identify the TA and information needs of the intended 
recipients; and
    (ii) Ensure that services and products meet the needs of the 
intended recipients of the TA;
    (2) Achieve its goals, objectives, and intended outcomes. To meet 
this requirement, the applicant must provide--
    (i) Measurable intended project outcomes; and
    (ii) The logic model \5\ (by which the proposed project will 
achieve its intended outcomes that depicts, at a minimum, the goals, 
activities, outputs, and intended outcomes of the proposed project;
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    \5\ As defined in 34 CFR 77.1, ``logic model'' (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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    (3) Use a conceptual framework 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: https://osepideasthatwork.org/sites/default/files/2021-12/ConceptualFramework_Updated.pdf and 
www.osepideasthatwork.org/resources-grantees/program-areas/ta-ta/tad-project-logic-model-and-conceptual-framework.
    (4) Be based on current research and make use of EBPs. To meet this 
requirement, the applicant must describe--
    (i) The current research on the assessment of the implementation of 
MTSS/PBIS frameworks and related EBPs;
    (ii) The current research about adult learning principles and 
implementation science that will inform the proposed TA; and
    (iii) How the proposed project will incorporate current and 
emerging research and practices in the development and delivery of its 
products and services;
    (5) Develop products and provide services that are of high quality 
and sufficient intensity and duration to achieve the intended outcomes 
of the proposed project. To address this requirement, the applicant 
must describe--
    (i) How it proposes to identify or develop the knowledge base of 
MTSS/PBIS:
    (ii) Its proposed approach to universal, general TA,\6\ which must 
identify the intended recipients, including the type and number of 
recipients, that will receive the products and services, a description 
of the products and services that the Center proposes to make 
available, and the expected impact of those products and services under 
this approach;
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    \6\ ``Universal, general TA'' means TA and information provided 
to independent users through their own initiative, resulting in 
minimal interaction with Center staff and including one-time, 
invited or offered conference presentations by Center staff. This 
category of TA also includes information or products, such as 
newsletters, guidebooks, or research syntheses, downloaded from the 
Center's website by independent users. Brief communications by 
Center staff with recipients, either by telephone or email, are also 
considered universal, general TA.
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    (iii) Its proposed approach to targeted, specialized TA,\7\ which 
must identify--
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    \7\ ``Targeted, specialized TA'' means TA services based on 
needs common to multiple recipients and not extensively 
individualized. A relationship is established between the TA 
recipient and one or more Center staff. This category of TA includes 
one-time, labor-intensive events, such as facilitating strategic 
planning or hosting regional or national conferences. It can also 
include episodic, less labor-intensive events that extend over a 
period of time, such as facilitating a series of conference calls on 
single or multiple topics that are designed around the needs of the 
recipients. Facilitating communities of practice can also be 
considered targeted, specialized TA.
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    (A) The intended recipients, including the type and number of 
recipients, that will receive the products and services, a description 
of the products and services that the Center proposes to make 
available, and the expected impact of those products and services under 
this approach; and
    (B) Its proposed approach to measure the readiness of potential TA 
recipients to work with the project, assessing, at a minimum, their 
current systems, available resources, and ability to build capacity at 
the local level; and
    (iv) Its proposed approach to intensive, sustained TA,\8\ which 
must identify--
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    \8\ ``Intensive, sustained TA'' means TA services often provided 
on-site and requiring a stable, ongoing relationship between the 
Center staff and the TA recipient. ``TA services'' are defined as 
negotiated series of activities designed to reach a valued outcome. 
This category of TA should result in changes to policy, program, 
practice, or operations that support increased recipient capacity or 
improved outcomes at one or more systems levels.
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    (A) The intended recipients, including the type and number of 
recipients from a variety of settings and geographic distribution, that 
will receive the products and services designed to improve school 
climate and;
    (B) Its proposed approach to measure the readiness of the State- 
and local-level personnel to work with the project, including their 
commitment to the initiative, alignment of the initiative to their 
needs, current systems, available resources, and ability to build 
capacity at the local level;
    (C) Its proposed plan for assisting SEAs, LEAs, local Part C 
agencies, charter management organizations, and private school 
organizations to build or enhance training systems that include 
professional development based on adult learning principles and 
coaching; and
    (D) Its proposed plan for working with appropriate levels of the 
education

[[Page 45404]]

system (e.g., SEAs, regional TA providers, LEAs, schools, families, 
community providers) to ensure that there is communication between each 
level and that there are systems in place to support the use of MTSS/
PBIS;
    (6) Develop products and implement services that maximize 
efficiency. To address this requirement, the applicant must describe--
    (i) How the proposed project will use technology to achieve the 
intended project outcomes;
    (ii) With whom the proposed project will collaborate, including 
families, community providers, other federal investments as 
appropriate, and the intended outcomes of this collaboration; and
    (iii) How the proposed project will use non-project resources to 
achieve the intended project outcomes; and
    (7) Develop a dissemination plan that describes how the applicant 
will systematically distribute information, products, and services to 
varied intended audiences, using a variety of dissemination strategies, 
to promote awareness and use of the Center's products and services.
    (c) Include an evaluation plan for the project as described in the 
following paragraphs. The evaluation plan must describe measures of 
progress in implementation, including the criteria for determining the 
extent to which the project's products and services have met the goals 
for reaching its target population; measures of intended outcomes or 
results of the project's activities in order to evaluate those 
activities; and how well the goals or objectives of the proposed 
project, as described in its logic model, have been met.
    The applicant must provide an assurance that, in designing the 
evaluation plan, it will--
    (1) Designate, with the approval of the Office of Special Education 
Programs (OSEP) project officer in consultation with Office of 
Elementary and Secondary Education (OESE) staff, a project liaison with 
sufficient dedicated time, experience in evaluation, and knowledge of 
the project to work in collaboration with the Center to Improve Program 
and Project Performance (CIPP),\9\ the project director, and the OSEP 
project officer on the following tasks:
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    \9\ The major tasks of CIPP are to guide, coordinate, and 
oversee the design of formative evaluations for every large 
discretionary investment (i.e., those awarded $500,000 or more per 
year and required to participate in the 3+2 process) in OSEP's 
Technical Assistance and Dissemination; Personnel Development; 
Parent Training and Information Centers; and Educational Technology, 
Media, and Materials programs. The efforts of CIPP are expected to 
enhance individual project evaluation plans by providing expert and 
unbiased TA in designing the evaluations with due consideration of 
the project's budget. CIPP does not function as a third-party 
evaluator.
---------------------------------------------------------------------------

    (i) Revise the logic model submitted in the application, as 
appropriate, to provide for a more comprehensive measurement of 
implementation and outcomes and to reflect any changes or 
clarifications to the model discussed at the kick-off meeting;
    (ii) Refine the evaluation design and instrumentation proposed in 
the application, as appropriate, to be consistent with the revised 
logic model and using the most rigorous design suitable (e.g., prepare 
evaluation questions about significant program processes and outcomes; 
develop quantitative or qualitative data collections that permit both 
the collection of progress data, including fidelity of implementation, 
as appropriate, and the assessment of project outcomes; and identify 
analytic strategies); and
    (iii) Revise the evaluation plan submitted in the application such 
that it clearly--
    (A) Specifies the evaluation questions, measures, and associated 
instruments or sources for data appropriate to answer these questions, 
suggests analytic strategies for those data, provides a timeline for 
conducting the evaluation, and includes staff assignments for 
completing the evaluation activities;
    (B) Delineates the data expected to be available by the end of the 
second project year for use during the project's evaluation (3+2 
review) by OSEP for continued funding described under the heading 
Fourth and Fifth Years of the Project; and
    (C) Can be used to assist the project director and the OSEP project 
officer in consultation with OESE staff, with the assistance of CIPP, 
as needed, to specify the project performance measures to be addressed 
in the project's annual performance report;
    (2) Dedicate sufficient staff time and other resources during the 
first 6 months of the project to collaborate with CIPP staff, including 
regular meetings (e.g., weekly, biweekly, or monthly) with CIPP and the 
OSEP project officer, in order to accomplish the tasks described in 
paragraph (c)(1) of this section; and
    (3) Dedicate sufficient funds in each budget year to cover the 
costs of carrying out the tasks described in paragraphs (C)(1) and (2) 
of this section and revising and implementing the evaluation plan. 
Please note in your budget narrative the funds dedicated for this 
activity.
    (d) Demonstrate 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, 
disability, LGBTQI+, English learner, or socio-economic status, 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.
    (e) Demonstrate 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 families, educators, TA providers, 
researchers, and policymakers, among others, in its development and 
operation.
    (f) Address the following application requirements. The applicant 
must--
    (1) Include personnel-loading charts and timelines, as applicable, 
to illustrate the management plan described in the narrative;
    (2) Include, in the budget, attendance at the following:
    (i) A one and one-half day kick-off meeting in Washington, DC, 
after receipt of the award, and an annual planning meeting in 
Washington, DC, with the OSEP project officer, OESE representative, 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;

[[Page 45405]]

    (ii) A two- and one-half day project directors' conference in 
Washington, DC, during each year of the project period;
    (iii) Three annual two-day trips to attend Department briefings, 
Department-sponsored conferences, and other meetings, as requested by 
OSEP or OESE; and
    (iv) A one-day intensive 3+2 review meeting in Washington, DC, 
during the second year of the project period;
    (3) 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 in consultation with OESE staff as appropriate. 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
    (4) Maintain a high-quality website, with an easy-to-navigate 
design, that meets government or industry- recognized standards for 
accessibility;
    (5) Ensure that annual project progress toward meeting project 
goals is posted on the project website; and
    (6) Include an assurance to assist OSEP with the transfer of 
pertinent resources and products and to maintain the continuity of 
services to States during the transition to a new award 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 
and recipients of services who have experience and knowledge in MTSS/
PBIS. 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.
    Requirements Unique to Absolute Priority 1:
    Within Absolute Priority 1, we establish the following unique 
application requirements. In addition to the Common Application 
Requirements, in order to be considered for funding under Absolute 
Priority 1, applicants must, in their response to Application 
Requirement (a), demonstrate how the proposed project will:
    (1) Under paragraph (a)(i)(B), present applicable State, regional, 
or local data demonstrating SEAs' and LEAs' needs related to increasing 
students' ability to fully participate in, and benefit from, a high-
quality learning environment, particularly for students with the most 
significant behavioral challenges; and
    (2) Under paragraph (a)(ii), demonstrate knowledge of current 
educational issues and policy initiatives relating to MTSS/PBIS and 
school climate practices and policies for students whose behavioral 
challenges interfere with their ability to fully participate in, and 
benefit from, a high-quality learning environment, including students 
with disabilities; and
    (3) Under paragraph (a)(2), demonstrate how the proposed project 
will improve outcomes for students with behavioral challenges that 
interfere with their ability or the ability of their peers to fully 
participate in, and benefit from, a high-quality learning environment 
through the implementation of MTSS/PBIS frameworks, and indicate the 
likely magnitude or importance of the improvements.
    Requirements Unique to Absolute Priority 2:
    The following unique requirement, drawn from the NFP, applies to 
Absolute Priority 2. In addition to the Common Application 
Requirements, in order to be considered for funding under Absolute 
Priority 2, applicants must, in their response to Application 
Requirement (a)(2), demonstrate how the proposed project will improve 
the implementation of EBPs within a MTSS/PBIS framework to effectively 
support and respond to student behaviors that impact access to and 
participation in learning.
    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 Absolute Priority 1 in this notice.
    Program Authority: Sections 663 and 681(d) of the IDEA (20 U.S.C. 
1463 and 1481); and section 4631(a)(1)(B) of the ESEA (20 U.S.C. 7281).
    Note: Projects must be awarded and 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. (d) the NFP.
    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian Tribes.
    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education (IHEs) only.

II. Award Information

    Type of Award: Cooperative agreement.
    Estimated Available Funds: For Absolute Priority 1: $1,850,000 from 
the Technical Assistance and Dissemination to Improve Services and 
Results for Children with Disabilities Program.
    For Absolute Priority 2: $2,500,000 from the School Safety National 
Activities Program.
    Note: We will make one award comprised of separate funding under 
each of the two absolute priorities. Therefore, applicants must submit 
a separate ED 524 Form (Section A--Budget Summary and Section C--Budget 
Narrative) for each absolute priority. The Secretary may reject any 
application that does not separately address the requirements specified 
in Absolute Priority 1 and Absolute Priority 2 and include a separate 
budget summary and budget narrative for each of those priorities.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2024 from the list of 
unfunded applications from this competition.
    Maximum Award: We will not make an award exceeding $1,850,000 for 
Absolute Priority 1 for a single budget period of 12 months. We will 
not make

[[Page 45406]]

an award exceeding $2,500,000 for Absolute Priority 2 for a single 
budget period of 12 months.
    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 https://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: Under 34 CFR 75.708(b) and (c), a grantee under 
this competition may award subgrants--to directly carry out project 
activities described in its application--to the following types of 
entities: IHEs, nonprofit organizations, and other public agencies. The 
grantee may award subgrants to entities it has identified in an 
approved application or that it selects through a competition under 
procedures established by the grantee, consistent with 34 CFR 
75.708(b)(2).
    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 1 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 7, 2022 (87 FR 75045) and available at 
www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs, which contain requirements and information on how to 
submit an application. Please note that these Common Instructions 
supersede the version published on December 27, 2021.
    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 2023.
    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) Significance (10 points).
    (1) The Secretary considers the significance of the proposed 
project.
    (2) In determining the significance of the proposed project, the 
Secretary considers the following factors:
    (i) 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.
    (ii) The importance or magnitude of the results or outcomes likely 
to be attained by the proposed project.
    (b) Quality of project services (35 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 extent to which there is a conceptual framework underlying 
the proposed research or demonstration activities and the quality of 
that framework.
    (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 TA 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.
    (c) Quality of the project evaluation (20 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 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.

[[Page 45407]]

    (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 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes.
    (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.
    (d) Adequacy of resources and quality of project personnel (15 
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.
    (e) 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 
is 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. 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

[[Page 45408]]

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 Technical 
Assistance and Dissemination to Improve Services and Results for 
Children with Disabilities and School Safety National Activities 
Programs--National Technical Assistance Center on Positive Behavioral 
Interventions and Supports.
    These performance measures will apply to grant activities under 
both absolute priorities. These measures are:
     Program Performance Measure #1: The percentage of 
Technical Assistance and Dissemination products and services deemed to 
be of high quality by an independent review panel of experts qualified 
to review the substantive content of the products and services.
     Program Performance Measure #2: The percentage of 
Technical Assistance and Dissemination products and services deemed by 
an independent review panel of qualified experts to be of high 
relevance to educational and early intervention policy or practice.
     Program Performance Measure #3: The percentage of all 
Technical Assistance and Dissemination products and services deemed by 
an independent review panel of qualified experts to be useful in 
improving educational or early intervention policy or practice.
     Program Performance Measure #4: The cost efficiency of the 
Technical Assistance and Dissemination Program includes the percentage 
of milestones achieved in the current annual performance report period 
and the percentage of funds spent during the current fiscal year.
     Long-term Program Performance Measure: The percentage of 
States receiving Technical Assistance and Dissemination services 
regarding scientifically or evidence-based practices for children, and 
youth that successfully promote the implementation of those practices 
in school districts and service agencies.
    The measures apply to projects funded under this competition, and 
grantees are required to submit data on these measures as directed by 
OSEP/OESE. 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 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: 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 45409]]

    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.

Glenna Wright-Gallo,
Assistant Secretary for Special Education and Rehabilitative Services.

James F. Lane,
Principal Deputy Assistant Secretary, Delegated the Authority to 
Perform the Functions and Duties of Assistant Secretary for the Office 
of Elementary and Secondary Education.
[FR Doc. 2023-15159 Filed 7-13-23; 4:15 pm]
BILLING CODE 4000-01-P