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[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Rules and Regulations]
[Pages 46700-46703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18968]

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DEPARTMENT OF EDUCATION

34 CFR Chapter III

Final Priority; Technical Assistance on State Data Collection--
IDEA Fiscal Data Center[CFDA Number: 84.373F.]

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

ACTION: Final priority.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services announces a priority under the Technical 
Assistance on State Data Collection program. The Assistant Secretary 
may use this priority for competitions in fiscal year (FY) 2014 and 
later years. We take this action to focus attention on an identified 
national need to provide technical assistance (TA) to improve the 
capacity of States to meet the data collection requirements of the 
Individuals with Disabilities Education Act (IDEA). The purpose of this 
priority is to establish a Fiscal IDEA Data Center (Center) to provide 
States with TA for meeting their fiscal data collection and reporting 
obligations under IDEA.

DATES: Effective Date: This priority is effective September 10, 2014.

FOR FURTHER INFORMATION CONTACT: Matthew Schneer, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 4169, Potomac Center Plaza 
(PCP), Washington, DC 20202-2600. Telephone: (202) 245-6755 or by 
email: matthew.schneer@ed.gov.
    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:
    Purpose of Program: The purpose of the Technical Assistance on 
State Data Collection program is to improve the capacity of States to 
meet their IDEA data collection and reporting requirements under 
sections 616 and 618 of IDEA. Funding for the program is authorized 
under section 611(c)(1) of IDEA, which gives the Secretary the 
authority to reserve funds appropriated under Part B of IDEA to provide 
TA activities authorized under section 616(i).\1\ Section 616(i) 
requires the Secretary to review the data collection and analysis 
capacity of States to ensure that data and information determined 
necessary for implementation of section 616 are collected, analyzed, 
and accurately reported. It also requires the Secretary to provide TA, 
where needed, to improve the capacity of States to meet the data 
collection requirements under IDEA. The Consolidated Appropriations Act 
of 2014 gives the Secretary the authority to use FY 2014 funds reserved 
under section 611(c) to assist the Secretary in administering and 
carrying out other services and activities to improve data collection, 
coordination, quality, and use under Parts B and C of IDEA (Pub. L. 
113-76).
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    \1\ All references to a statute in this priority are to sections 
of IDEA unless otherwise noted.

    Program Authority:  20 U.S.C. 1411(c), 1416(i), and 1418(c); 
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Consolidated Appropriations Act, 2014 (Pub. L. 113-76).

    Applicable Program Regulations: 34 CFR 300.702.
    We published a notice of proposed priority for this competition in 
the Federal Register on May 1, 2014 (79 FR 24661). That notice 
contained background information and our reasons for proposing this 
particular priority. Except for minor editorial revisions and one 
technical revision (noted below), there are no differences between the 
proposed priority and this final priority. We made a technical revision 
to the Administrative Requirements part of this priority in paragraph 
(g)(4)(ii) so that it now requires applicants to budget for a two and 
one-half day project directors' meeting in Washington, DC, to occur 
every other year beginning with the meeting scheduled for Summer 2016.
    Public Comment: In response to our invitation in the notice of 
proposed priority, we did not receive any comments related to the 
proposed priority.

Final Priority

IDEA Fiscal Data Center

    The purpose of this priority is to fund a cooperative agreement to 
establish and operate a Center to achieve, at a minimum, the following 
expected outcomes: (a) Improve the capacity of State staff to collect 
and report accurate fiscal data to meet the data collection 
requirements related to the IDEA Part B local educational agency (LEA) 
Maintenance of Effort (MOE) Reduction and Coordinated Early Intervening 
Services (CEIS) [LEA MOE/CEIS] and State Maintenance of Financial 
Support (State MFS); and (b) increase States' knowledge of the 
underlying fiscal requirements and the calculations necessary to submit 
valid and reliable data on LEA MOE/CEIS and State MFS.
    Project Activities. To meet the requirements of this priority, the 
Center, at a minimum, must conduct the following activities:

Knowledge Development Activities

    (a) To ensure that States have the capacity to collect and report 
accurate LEA MOE/CEIS and State MFS fiscal data, survey all 60 IDEA 
Part B programs in the first year to:
    (1) Assess their capacity to collect and report high-quality LEA 
MOE/CEIS and State MFS fiscal data required under data collections 
authorized under section 618 and identify the policies and practices 
that facilitate or hinder the collection of accurate data consistent 
with IDEA fiscal requirements; and
    (2) Analyze and catalogue how States make available State financial 
support for special education and related services in order to develop 
templates that increase the capacity of States to collect and report 
accurate data;
    (b) In the first year, analyze the LEA MOE/CEIS data submissions 
and data notes to determine common data collection and submission 
errors and to identify States in need of intensive or targeted TA.

Technical Assistance and Dissemination Activities

    (a) Provide intensive TA to a minimum of 10 State educational 
agencies (SEAs) per year, which may include continued TA for some SEAs 
for longer than one year, to improve States' collection and submission 
of IDEA fiscal data consistent with the following two annual data 
collection requirements authorized under section 618 of IDEA: (1) 
Section V of the Annual State Application under Part B of IDEA (Part B 
Annual Application); and (2) the LEA MOE/CEIS Data Collection, which 
was formerly referred to as the Report on Maintenance of Effort 
Reduction and Coordinated Early Intervening Services (Table 8). 
Preference should be given to those States with the greatest need, 
including States with a demonstrated failure to accurately report MFS 
or LEA MOE/CEIS data, and States requesting TA. When working with 
States on LEA MOE/CEIS data, the TA should develop the capacity of SEAs 
to train LEAS to accurately report the required data;
    (b) Provide a range of targeted and general TA products and 
services

[[Page 46701]]

related to fiscal data to the 60 SEAs with IDEA Part B programs to 
improve State capacity to collect and report valid and reliable data, 
including the dissemination of Office of Special Education Programs 
(OSEP) guidance on IDEA fiscal requirements and the development and 
dissemination of TA products on IDEA fiscal data collection and 
reporting requirements, and improve the capacity of SEAs to train LEAs 
to accurately report the required data; and
    (c) Develop templates to assist States in collecting valid and 
reliable State MFS and LEA MOE/CEIS data so those data can be 
accurately reported to OSEP. These templates should be designed to 
accommodate variances in State school financing systems (insofar as 
possible) and remind users of the applicable required components of the 
calculation.

Coordination Activities

    (a) Communicate and coordinate, on an ongoing basis, with other 
Department-funded projects, including those providing data-related 
support to States, such as the National Technical Assistance Center to 
Improve State Capacity to Accurately Collect and Report IDEA Data; and
    (b) Maintain ongoing communication with the OSEP project officer.

Administrative Requirements

    To be considered for funding under this priority, applicants must 
meet the application and administrative requirements in this priority. 
OSEP encourages innovative approaches to meet these requirements, which 
are:
    (a) Demonstrate, in the narrative section of the application under 
``Significance of the Project,'' how the proposed project will address 
States' capacity to: (1) Understand IDEA's statutory and regulatory 
basis for the fiscal reporting requirements; (2) collect valid and 
reliable fiscal data; (3) conduct required calculations consistent with 
IDEA requirements; and (4) report valid and reliable fiscal data; and
    (b) Demonstrate knowledge of IDEA fiscal data collections, 
including the underlying statutory and regulatory requirements, current 
fiscal guidance, and State school funding systems;
    (c) Demonstrate, in the narrative section of the application under 
``Quality of the Project Services,'' how the proposed project will--
    (1) 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 by which the proposed project will achieve its 
intended outcomes;
    (2) 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;
    (3) Base the design of the TA on current research and make use of 
evidence-based practices. To meet this requirement, the applicant must 
describe--
    (i) The current research about adult learning principles and 
implementation science that will inform the proposed TA; and
    (ii) How the proposed project will incorporate current research and 
evidence-based practices in the development and delivery of its 
products and services;
    (4) 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 for 
IDEA fiscal data collection and reporting requirements;
    (ii) How it proposes to conduct the survey of all 60 IDEA Part B 
Programs administered by SEAs;
    (iii) How it proposes to conduct universal, general TA \2\ for the 
60 SEAs that have IDEA Part B programs;
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    \2\ ``Universal, general TA'' means TA and information provided 
to independent users through their own initiative, resulting in 
minimal interaction with TA center staff and including one-time, 
invited or offered conference presentations by TA center staff. This 
category of TA also includes information or products, such as 
newsletters, guidebooks, or research syntheses, downloaded from the 
TA center's Web site by independent users. Brief communications by 
TA center staff with recipients, either by telephone or email, are 
also considered universal, general TA.
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    (iv) How it proposes to provide targeted, specialized TA,\3\ which 
must identify--
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    \3\ ``Targeted, specialized TA'' means TA service based on needs 
common to multiple recipients and not extensively individualized. A 
relationship is established between the TA recipient and one or more 
TA 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 of the products and services under this 
approach;
    (B) How it proposes to measure the readiness of potential TA 
recipients to work with the project, assessing, at a minimum, their 
current infrastructure, available resources, and ability to build 
capacity at the LEA level; and
    (C) Appropriate staff with the requisite responsibilities to 
receive the TA in these areas.
    (v) How it proposes to provide intensive, sustained TA to the 10 or 
more selected SEAs,\4\ which must identify--
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    \4\ ``Intensive, sustained TA'' means TA services often provided 
on-site and requiring a stable, ongoing relationship between the TA 
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) How it proposes to select and recruit SEAs to work with the 
proposed project, considering the SEAs' need for the initiative, 
current infrastructure, available resources, and ability to build 
capacity at the LEA level;
    (B) How it proposes to assist SEAs in building training systems 
that include professional development based on adult learning 
principles and coaching; and
    (C) How it proposes to involve and work with other regional TA 
providers to assist SEAs with communication between each level of the 
education system (e.g., districts, schools, families);
    (5) Develop products and implement services to maximize the 
project's 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 and the 
intended outcomes of this collaboration; and
    (iii) How the proposed project will use non-project resources to 
achieve the intended project outcomes.
    (d) Demonstrate, in the narrative section of the application under 
``Quality of the Evaluation Plan,'' how--
    (1) The proposed project will collect and analyze data on specific 
and measurable goals, objectives, and intended outcomes of the project. 
To address this requirement, the applicant must describe its--
    (i) Proposed evaluation methodologies, including instruments, data 
collection methods, and analyses; and
    (ii) Proposed standards or targets for determining effectiveness;

[[Page 46702]]

    (2) The proposed project will use the evaluation results to examine 
the effectiveness of its implementation and its progress toward 
achieving intended outcomes; and
    (3) The proposed methods of evaluation will produce quantitative 
and qualitative data that demonstrate whether the project achieved the 
intended outcomes.
    (e) Demonstrate, in the narrative section of the application under 
``Adequacy of Project Resources,'' 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, 
including experience working with State and district fiscal systems;
    (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.
    (f) 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 to the project 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; and
    (4) The proposed project will obtain a diversity of perspectives, 
including those of State and local personnel, TA providers, 
researchers, and policy makers, among others, in the development and 
operation of its plan.
    (g) Address the following application requirements:
    (1) Include in Appendix A a logic model that depicts, at a minimum, 
the goals, activities, outputs, and outcomes of the proposed project. A 
logic model communicates how a project will achieve its intended 
outcomes and provides a framework for both the formative and summative 
evaluations of the project.

    Note: The following Web sites provide more information on logic 
models: www.researchutilization.org/matrix/logicmodel_resource3c.html and www.tadnet.org/pages/589;

    (2) Include in Appendix A a conceptual framework for the project;
    (3) Include in Appendix A person-loading charts and timelines, as 
applicable, to illustrate the management plan described in the 
narrative;
    (4) Include in the budget the costs for attending the following 
events:
    (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 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' meeting in 
Washington, DC, to occur every other year beginning with the meeting 
scheduled for Summer 2016;
    (iii) A two-day trip annually for Department briefings, Department-
sponsored conferences, and other meetings, as requested by OSEP; and
    (iv) A one-day intensive review meeting in Washington, DC, during 
the last half of the second year of the project period;
    (5) Include in the budget a line item for an annual set-aside of 
five 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 OSEP;

    Note: With approval from the OSEP project officer, the grantee 
must reallocate any remaining funds from this annual set-aside no 
later than the end of the third quarter of each budget period; and

    (6) Maintain a Web site that meets government or industry-
recognized standards for accessibility.
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    This notice does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.

    Note:  This notice does not solicit applications. In any year in 
which we choose to use this priority, we invite applications through 
a notice in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive order.
    This final regulatory action is not a significant regulatory action 
subject to

[[Page 46703]]

review by OMB under section 3(f) of Executive Order 12866.
    We have also reviewed this final regulatory action under Executive 
Order 13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing this final priority only on a reasoned determination 
that its benefits justify its costs. In choosing among alternative 
regulatory approaches, we selected those approaches that maximize net 
benefits. Based on the analysis that follows, the Department believes 
that this regulatory action is consistent with the principles in 
Executive Order 13563.
    We also have determined that this regulatory action does not unduly 
interfere with State, local, and tribal governments in the exercise of 
their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.
    An IDEA Fiscal Data Center funded under the priority established by 
this regulatory action will assist States in complying with Federal 
laws and regulations. Without this regulatory action, the burden of 
improving State capacity to collect, report, and analyze IDEA data will 
fall solely on the responsible State and local entities.
    Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. One of the 
objectives of the Executive order is to foster an intergovernmental 
partnership and a strengthened federalism. The Executive order relies 
on processes developed by State and local governments for coordination 
and review of proposed Federal financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) by contacting the Grants and Contracts 
Services Team, U.S. Department of Education, 400 Maryland Avenue SW., 
Room 5075, PCP, Washington, DC 20202-2550. Telephone: (202) 245-7363. 
If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-8339.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.gpo.gov/fdsys. 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 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 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.

    Dated: August 6, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2014-18968 Filed 8-8-14; 8:45 am]
BILLING CODE 4000-01-01
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