[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Notices]
[Pages 361-369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28871]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Educational Technology, Media, and 
Materials for Individuals With Disabilities Program--National Center on 
Digital Access in Education

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

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for new awards for fiscal year (FY) 2024 for 
Educational Technology, Media, and Materials for Individuals with 
Disabilities Program--National Center on Digital Access in Education, 
Assistance Listing Number 84.327Z. This notice relates to the approved 
information collection under OMB control number 1820-0028.

DATES: 
    Applications Available: January 3, 2024.
    Deadline for Transmittal of Applications: March 4, 2024.
    Deadline for Intergovernmental Review: May 2, 2024.
    Pre-Application Webinar Information: No later than January 8, 2024, 
the Office of Special Education and Rehabilitative Services will post 
details on pre-recorded informational webinars designed to provide 
technical assistance (TA) to interested applicants. Links to 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/d/2022-26554.

FOR FURTHER INFORMATION CONTACT: Rebecca Sheffield, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 4A10, Washington, DC 20202. 
Telephone: (202) 245-6490. Email: <a href="/cdn-cgi/l/email-protection#5e2c3b3c3b3d3d3f702d363b3838373b323a1e3b3a70393128"><span class="__cf_email__" data-cfemail="790b1c1b1c1a1a18570a111c1f1f101c151d391c1d571e160f">[email protected]</span></a>.
    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 purposes of the Educational Technology, 
Media, and Materials for Individuals with Disabilities Program are to 
improve results for children with disabilities by (1) promoting the 
development, demonstration, and use of technology; (2) supporting 
educational activities designed to be of educational value in the 
classroom for children with disabilities; (3) providing support for 
captioning and video description that is appropriate for use in the 
classroom; and (4) providing accessible educational materials to 
children with disabilities in a timely manner.
    Priority: This competition includes one absolute priority. In 
accordance with 34 CFR 75.105(b)(2)(v), this priority is from allowable 
activities specified in the statute (see sections 674(b)(2) and 681(d) 
of the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. 
1400 et seq.).
    Absolute Priority: For FY 2024 and any subsequent year in which we 
make awards from the list of unfunded applications from this 
competition, this priority is an absolute priority. Under 34 CFR 
75.105(c)(3), we consider only applications that meet this priority.
    This priority is:
National Center on Digital Access in Education
    Background: In order for children with disabilities served under 
IDEA to benefit from education, special education, and early 
intervention services, agencies (State educational agencies (SEAs), 
local educational agencies (LEAs), and Part C lead agencies) and 
schools must provide accommodations needed by children and families to 
ensure their access to and participation in learning. Section 504 of 
the Rehabilitation Act prohibits discrimination against people with 
disabilities in federally funded programs, and Title II of the 
Americans with Disabilities Act prohibits discrimination against people 
with disabilities by public entities, requiring that children with 
disabilities and their families have equal access to public schools and 
other government programs. Under Part B of IDEA, special education 
includes specially designed instruction, defined as ``adapting, as 
appropriate to the needs of an eligible child . . . the content, 
methodology or delivery of instruction--(i) to address the unique needs 
of the child that result from the child's disability; and (ii) to 
ensure access of the child to the general curriculum'' (34 CFR 
300.39(b)(3)). SEAs, LEAs, and schools are required to provide 
individualized accommodations, including assistive technologies (34 CFR 
300.105), assessment accommodations (34 CFR 300.160), and timely access 
to accessible materials (34 CFR 300.172), whenever

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necessary for a child with a disability to fully access and participate 
in education in the least restrictive environment. Under Part C of 
IDEA, early intervention services are designed to meet the 
developmental needs of infants and toddlers with disabilities, as 
identified through a multidisciplinary evaluation. These services may 
include assistive technology and supports for communication development 
for young children (34 CFR 300.13) to enable them to make measurable 
progress towards results or outcomes identified in their individualized 
family services plans. Additionally, early intervention services 
include ``the design of learning environments and activities that 
promote the infant's or toddler's acquisition of skills'' (34 CFR 
300.13). For these young learners and their families, special 
instruction, assistive technology, and supports for communication 
increasingly incorporate digital materials and technologies, including 
mobile applications, video, and tools for developing print and braille 
awareness (American Printing House for the Blind, 2022; National Center 
for Accessible Educational Materials, 2020).
    While there have been improvements in the accessibility of digital 
content in early intervention and education systems, other significant 
accessibility barriers persist, which deny children with disabilities 
equitable access and participation in education and early intervention 
systems. This can ultimately lead to inequities in long-term outcomes 
such as employment and quality of life opportunities for Americans with 
disabilities (Shaheen & Watulak, 2019).
    A review of the literature on accessibility in K-12 education 
concluded that there has been a consistent pattern over the last 
fifteen years of accessibility challenges for learners with 
disabilities (Shaheen and Watulak, 2019). Increased remote and web-
based instruction during the COVID-19 pandemic revealed continued needs 
for improvement; a study by the American Foundation for the Blind 
(Rosenblum et al., 2020) found that 85 percent of the 710 teachers of 
students with visual impairments who responded to an online survey 
served one or more children enrolled in online general or special 
education classes during the pandemic who experienced accessibility 
barriers. Examples of these barriers included lack of support or 
interoperability for assistive and augmentative technologies needed to 
access instruction as well as inaccessible online learning materials, 
which required adults to read or navigate digital materials on a 
child's behalf. Public concern about the use of inaccessible 
technologies and digital materials is further confirmed by ongoing 
receipt by the Department's Office for Civil Rights of numerous 
allegations concerning the inaccessibility of elementary and secondary 
schools' websites and online courses.
    The wide variety of modern, digital resources and technologies 
produced by a range of publishers and vendors hold promise for 
individualized and inclusive learning for children with disabilities in 
schools and other learning environments. Learners are increasingly 
presented with open educational resources (OERs), online platforms, and 
learning management systems which can facilitate faster, greater access 
to an increasing array of materials and learning tools. Even the 
youngest learners can benefit when families and service providers are 
aware of and experienced with digital learning tools and strategies. 
However, accessibility must be meaningfully and routinely considered 
during creation, procurement, and curation processes to ensure 
equitable access to materials and instruction, a process which can 
sometimes be confusing, time-consuming, and expensive for schools and 
agencies (Shaheen, 2022). Agencies, administrators, educators, service 
providers, and other partners in special education and early 
intervention need support, including training and resources, on current 
and evidence-based strategies, tools, and systemic interventions to 
effectively and efficiently provide materials and instruction which are 
accessible for children with disabilities.
    Priority: The purpose of this priority is to fund a cooperative 
agreement to establish and operate a National Center on Digital Access 
in Education (Center). The Center will work with key partners \1\ to 
improve the quality, availability, and timely provision of accessible 
digital educational materials and instruction,\2\ for children with 
disabilities.\3\ The Center funded under this priority will consider 
digital access to learning for children with disabilities in all 
learning environments in which children with disabilities are served 
under Part B and Part C of IDEA.
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    \1\ For the purposes of this priority, ``key partners'' must 
include SEAs, LEAs, Part C lead agencies, and relevant OSEP-funded 
TA centers and may include other partners identified by the Center 
as essential to the required outcomes of the grant.
    \2\ For the purposes of this priority, ``accessible digital 
educational materials and instruction'' means electronic educational 
materials and accompanying technologies, including assessments, 
which are accessible to children with disabilities, along with any 
necessary instruction in the use of these materials and technologies 
and instruction which effectively incorporates these materials and 
technologies. Children with disabilities and their families must be 
able to acquire the same information, engage in the same 
interactions, and enjoy the same services as people who do not have 
disabilities in an equally integrated and equally effective manner, 
with substantially equivalent ease of use (U.S. Department of 
Justice and U.S. Department of Education, June 29, 2010; U.S. 
Department of Education, May 26, 2011).
    \3\ Applicants should note that other laws, including the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.; 28 
CFR part 35) and section 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794; 34 CFR part 104), may require that State educational 
agencies and local educational agencies provide captioning, video 
description, and other accessible educational materials to children 
with disabilities when such materials are necessary to provide 
children with disabilities with equally integrated and equally 
effective access to the benefits of the educational program or 
activity, or as part of a ``free appropriate public education'' as 
defined in the Department of Education's Section 504 regulation.
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    The Center must achieve, at a minimum, the following expected 
outcomes:
    (a) Increased procurement and production of accessible digital 
educational technologies and materials by SEAs, LEAs, Part C lead 
agencies, educators, and service providers, including in areas with the 
highest percentages of children living in low-income families and in 
rural and remote areas.
    (b) Increased SEA, LEA, and Part C Lead Agency adoption and use of 
policies and practices which ensure the procurement, curation, and 
provision of accessible materials, educational tools, and assessments 
for children with disabilities.
    (c) Increased efficiency of SEA and LEA internal accessibility 
reviews of digital educational technologies, resulting in reduced costs 
and duplication of efforts.
    (d) Increased knowledge and skills of pre-service and in-service 
general and special educators, related service providers, and TA 
providers in Office of Special Education Programs (OSEP) funded 
projects in the selection and preparation of accessible digital 
educational materials and instruction.
    In addition to these programmatic requirements, to be considered 
for funding under this priority, applicants must meet the application 
and administrative requirements in this priority, which are:
    (a) Demonstrate, in the narrative section of the application under 
``Significance,'' how the proposed project will address the need for 
accessible digital educational materials and instruction, to support 
equal opportunities for all children with

[[Page 363]]

disabilities. To meet this requirement the applicant must--
    (1) Present applicable national, State, regional, or local data 
demonstrating the need for accessible digital educational materials and 
instruction in schools and other learning environments, for children 
with disabilities, including underserved children \4\ and children 
whose families may be underserved; \5\ and
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    \4\ For the purpose of this priority, ``underserved children'' 
refers to children living in poverty or served by schools with high 
concentrations of children living in poverty; children of color; 
children who are members of a federally recognized Indian Tribe; 
English learners; disconnected youth; technologically unconnected 
youth; migrant children; children experiencing homelessness or 
housing insecurity; lesbian, gay, bisexual, transgender, queer or 
questioning, or intersex (LGBTQI+) children; children in foster 
care; children without documentation of immigration status; 
pregnant, parenting, or caregiving children; children impacted by 
the justice system, including those formerly incarcerated; children 
performing significantly below grade level; and military- or 
veteran-connected children.
    \5\ For the purposes of this priority, ``underserved families'' 
refers to foster, kinship, migrant, technologically unconnected, and 
military- or veteran-connected families; and families of color, 
living in poverty, without documentation of immigration status, 
experiencing homelessness or housing insecurity, or impacted by the 
justice system, including the juvenile justice system. Underserved 
families also refers to families that include: members of a 
federally or State recognized Indian Tribe; English learners; adults 
who experience a disability; members who are lesbian, gay, bisexual, 
transgender, queer or questioning, or intersex (LGBTQI+); adults in 
need of improving their basic skills or with limited literacy; and 
disconnected adults.
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    (2) Demonstrate knowledge of the following:
    (i) Benefits, services, and opportunities accessible digital 
educational materials and instruction make available to children with 
disabilities, including children whose families may be underserved;
    (ii) Accepted accessibility standards and technical and industry-
developed specifications for digital materials and technologies 
(including those applicable to efficient conversion of educational 
media into accessible formats \6\);
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    \6\ ``Accessible Format'' is defined in Section 121 of the 
Copyright Act as ``[A]n alternative manner or form that gives an 
eligible person access to the work when the copy or phonorecord in 
the accessible format is used exclusively by the eligible person to 
permit him or her to have access as feasibly and comfortably as a 
person without such disability.''
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    (iii) TA resources available to personnel in early learning 
programs and schools to support the evaluation, design, development, 
maintenance, distribution, timely delivery, and use of accessible 
digital educational materials and instruction; and
    (iv) Systemic and policy-related barriers, gaps, and challenges 
with the evaluation and use of OERs, teacher and provider-created 
resources, and interactive digital resources, to ensure equitable 
access to learning; and
    (v) Challenges and opportunities for personnel preparation programs 
and TA providers, including projects in OSEP's Technical Assistance and 
Dissemination Network,\7\ in ensuring that current and future personnel 
and staff members create accessible digital content and evaluate 
accessibility of digital content and technologies prior to use.
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    \7\ See https://osepideasthatwork.org/find-center-or-grant for 
information about centers funded by the Office of Special Education 
Programs.
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    (b) Demonstrate, in the narrative section of the application under 
``Quality of project services,'' 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, or disability. To meet this requirement, the 
applicant must describe how it will--
    (i) Identify the needs of the intended recipients for TA and 
information; and
    (ii) Ensure that services and products meet the needs of the 
intended recipients of the Center's services;
    (2) Achieve its goals, objectives, and intended outcomes. To meet 
this requirement, the applicant must provide--
    (i) Measurable intended project outcomes;
    (ii) In Appendix A, the logic model (as defined in 34 CFR 77.1) 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; and
    (iii) A conceptual framework (provide a copy in Appendix A) to 
develop project plans and activities, describing any underlying 
concepts, assumptions, expectations, beliefs, or theories, as well as 
the presumed relationships or linkages among these variables, and any 
empirical support for this framework;
    Note: The following websites provide more information on logic 
models and conceptual frameworks: 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.
    (3) Be based on current research and make use of evidence-based \8\ 
practices (EBPs). To meet this requirement, the applicant must 
describe--
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    \8\ For the purposes of this priority, ``evidence-based'' means, 
at a minimum, evidence that demonstrates 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 relevant outcomes.
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    (i) How the proposed project will align with current research, and 
evidence-based policies, procedures, and practices which support key 
partners in the selection, procurement, and use of accessible digital 
educational materials and instruction, for children with disabilities, 
including those who may be underserved; and
    (ii) The current research about adult learning principles and 
implementation science that will inform the proposed TA;
    (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 sustain and continuously expand the dynamic 
knowledge base on--
    (A) Evidence-based practices for the evaluation, procurement, 
curation, and provision of accessible digital educational materials, in 
schools and other learning environments;
    (B) Implementation supports for State and local systems to apply 
strategies which increase awareness, capacity, and commitment to the 
procurement, curation, creation, and use of accessible digital 
educational materials and instruction, for children with disabilities;
    (C) Evidence-based approaches to pre-service and in-service 
preparation of educators, administrators, and service providers that 
build adult learners' awareness, capacity, and commitment to 
procurement, curation, creation, and use of accessible digital 
educational materials and instruction, for children with disabilities; 
and
    (D) Technology design and evaluation criteria that conform to or 
exceed accepted accessibility standards (e.g., National Instructional 
Materials Accessibility Standard) and, when appropriate, widely used 
electronic publishing industry standards (e.g., electronic publication 
(EPUB) accessibility, Web Content Accessibility Guidelines (WCAG) 2.2 
AA, World Wide Web Consortium (W3C) web standards, voluntary product 
accessibility templates (VPATs));
    (ii) Its proposed approach to universal, general TA,\9\ which must 
describe--
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    \9\ ``Universal, general TA'' means TA and information provided 
to independent users through their own initiative, resulting in 
minimal interaction with TA project staff and including one-time, 
invited or offered conference presentations by TA project staff. 
This category of TA also includes information or products, such as 
newsletters, guidebooks, or research syntheses, downloaded from the 
TA project's website by independent users. Brief communications by 
TA project staff with recipients, either by telephone or email, are 
also considered universal, general TA.

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[[Page 364]]

    (A) The intended recipients, including the type and number of 
recipients, that will receive the products and services;
    (B) The products and services that the Center proposes to make 
available;
    (C) The development and maintenance of a high-quality website, with 
an easy to navigate design, that meets or exceeds government or 
industry-recognized standards for accessibility;
    (D) The expected reach and impact of universal, general TA;
    (E) Its proposed plan to disseminate information gained from the 
work of the National Center on Accessible Educational Materials, from 
recognized experts and national partners in digital accessibility, and 
from ongoing knowledge development activities;
    (F) Its proposed plan to provide, at a minimum, web-based 
professional development on the preparation, selection, curation, and 
provision of accessible digital educational materials, to meet the 
needs of pre-service and in-service educators and service providers (in 
both general and special education) in diverse geographic and 
demographic areas of the United States, using the information described 
in paragraph (b)(3) of this priority;
    (G) Its proposed plan to develop a searchable, user-friendly 
platform that includes accessibility reviews, accessibility best 
practices, and strategies for aligning policies and practices to 
current statutes and standards on accessibility to--
    (1) Increase efficiency of SEA and LEA internal accessibility 
reviews of digital educational technologies, resulting in reduced costs 
and duplication of efforts; and
    (2) Increase access to comprehensive and accurate information about 
the digital accessibility in schools and other learning environments, 
including information about IDEA requirements and resources for SEAs 
and LEAs related to the National Instructional Materials Accessibility 
Standard; and
    (iii) The proposed approach to targeted, specialized TA,\10\ which 
must describe--
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    \10\ ``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 TA project 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;
    (B) The proposed plan to provide TA to key partners based on--
    (1) The findings of the Center's ongoing work to sustain and 
continuously expand the dynamic knowledge base described in paragraph 
(b)(4)(i);
    (2) The Quality Indicators for the Provision of Accessible 
Educational Materials and Technologies and the aligned Critical 
Components and Innovation Configurations developed by the OSEP-funded 
National Center for Accessible Educational Materials; \11\
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    \11\ See https://aem.cast.org/coordinate/quality-indicators-provision-accessible-materials-technologies.
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    (C) The products and services that the Center proposes to make 
available;
    (D) The proposed approach to measure the readiness of potential TA 
recipients to work with the project, including, at a minimum, an 
assessment of potential recipients' current infrastructure, available 
resources, and ability to build capacity at the local level;
    (E) The proposed plan to support key partners in collecting and 
reporting data to identify gaps and facilitate systematic improvements 
in the production, curation, and provision of accessible digital 
educational materials and instruction;
    (F) The proposed plan to work with SEAs, assessment developers, and 
other key partners as necessary to resolve challenges specific to 
digital accessibility in large-scale assessments of children with 
disabilities; and
    (G) The proposed plan to include publishers, OER producers, and 
technology vendors, in collaboration with key partners, to increase 
accessibility of digital educational materials, in schools and other 
learning environments; and
    (iv) How the proposed project will intentionally engage families of 
children with disabilities and individuals with disabilities, including 
underserved families and individuals in the development, 
implementation, and evaluation of its products and services across all 
levels of TA;
    (5) 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 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
    (6) How the project will systematically disseminate information, 
products, and services to varied intended audiences. To address this 
requirement the applicant must describe--
    (i) The variety of dissemination strategies the Center will use 
throughout the four years of the project to promote awareness and use 
of its products and services.
    (ii) How the project will evaluate and tailor its dissemination 
strategies across all planned levels of TA on an ongoing basis to 
ensure that products and services reach intended recipients and those 
recipients can access and use those products and services;
    (iii) How the project's dissemination plan is connected to the 
proposed outcomes of the project; and
    (iv) How the project will evaluate and, if necessary, remediate all 
digital products and external communications to ensure they meet or 
exceed government or industry-recognized standards for accessibility.
    (c) In the narrative section of the application under ``Quality of 
the project evaluation,'' include an evaluation plan for the project 
developed in consultation with and implemented by a third-party 
evaluator.\12\ The evaluation plan must--
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    \12\ A ``third-party'' evaluator is an independent and impartial 
program evaluator who is contracted by the grantee to conduct an 
objective evaluation of the project. This evaluator must not have 
participated in the development or implementation of any project 
activities, except for the evaluation activities, nor have any 
financial interest in the outcome of the evaluation.
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    (1) Articulate formative and summative evaluation questions across 
all planned levels of TA, including important process and outcome 
evaluation questions. These questions should be related to the 
project's proposed logic model required in paragraph (b)(2)(ii) of this 
notice;
    (2) Describe how progress in and fidelity of implementation, as 
well as project outcomes, will be measured to answer the evaluation 
questions.
    Note: In measuring progress of implementation across all levels of 
TA, the plan should include criteria for determining the extent to 
which the project's products and services reached intended recipients, 
data, including

[[Page 365]]

feedback from recipients, on how recipients used the products and 
services, and the impact of the products and services. The plan should 
also specify sources for data, and measures and instruments appropriate 
to the evaluation questions, including information on reliability and 
validity of the measures and associated instruments where appropriate.
    (3) Describe strategies for analyzing data and how data collected 
as part of this plan will be used to inform and improve service 
delivery over the course of the project and to refine the proposed 
logic model and evaluation plan, including subsequent data collection;
    (4) Provide a timeline for conducting the evaluation and include 
staff assignments for completing the plan. The timeline must indicate 
that the data will be available annually for the annual performance 
report (APR); and
    (5) Dedicate sufficient funds in each budget year to cover the 
costs of developing or refining the evaluation plan in consultation 
with a third-party evaluator, as well as the costs associated with the 
implementation of the evaluation plan by the third-party evaluator.
    (d) Demonstrate, in the narrative section of the application under 
``Adequacy of resources and quality of project personnel,'' how--
    (1) The proposed project will encourage applications for employment 
from persons who are members of groups that have traditionally been 
underrepresented based on race, color, national origin, gender, age, or 
disability, as appropriate;
    (2) The proposed key project personnel, consultants, and 
subcontractors have the qualifications and experience to carry out the 
proposed activities and achieve the project's intended outcomes;
    (3) The applicant and any key partners have adequate resources to 
carry out the proposed activities;
    (4) The proposed project will have processes, resources, and funds 
in place to provide equitable access for project staff, contractors, 
and partners, who require digital accessibility accommodations; \13\ 
and
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    \13\ For information about digital accessibility and 
accessibility standards from Section 508 of the Rehabilitation Act, 
visit https://osepideasthatwork.org/resources-grantees/508-resources.
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    (5) The proposed costs are reasonable in relation to the 
anticipated results and benefits, and funds will be spent in a way that 
increases their efficiency and cost-effectiveness, including by 
reducing waste or achieving better outcomes.
    (e) Demonstrate, in the narrative section of the application under 
``Quality of the management plan,'' how--
    (1) The proposed management plan will ensure that the project's 
intended outcomes will be achieved on time and within budget. To 
address this requirement, the applicant must describe--
    (i) Clearly defined responsibilities for key project personnel, 
consultants, and subcontractors, as applicable; and
    (ii) Timelines and milestones for accomplishing the project tasks;
    (2) Key project personnel and any consultants and subcontractors 
will be allocated and how these allocations are appropriate and 
adequate to achieve the project's intended outcomes;
    (3) The proposed management plan will ensure that the products and 
services provided are of high quality, relevant, and useful to 
recipients; and
    (4) The proposed project will benefit from a diversity of partner 
perspectives, including those of families, educators, TA providers, 
researchers, and policy makers, among others, in its development and 
operation.
    (f) Address the following application requirements. The applicant 
must--
    (1) Include, in Appendix A, personnel-loading charts and timelines, 
as applicable, to illustrate the management plan described in the 
narrative;
    (2) 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 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 three-day project directors' conference in Washington, DC, 
during each year of the project period. The project must reallocate 
funds for travel to the project directors' conference no later than the 
end of the third quarter of each budget period if the conference is 
conducted virtually; and
    (iii) Two annual two-day trips to attend Department briefings, 
Department-sponsored conferences, and other meetings, as requested by 
OSEP; and
    (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. 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;
    (4) Engage doctoral students or post-doctoral fellows, including 
those who are multilingual and racially, ethnically, and culturally 
diverse, in the project to increase the number of future leaders in the 
field who are knowledgeable about digital accessibility and related 
technologies in educational and early-learning contexts;
    (5) Maintain a high-quality website;
    (6) Ensure that annual project progress toward meeting project 
goals is posted on the project website; and
    (7) Include, in Appendix A, an assurance to assist OSEP with the 
transfer of pertinent resources and products and to maintain the 
continuity of services to States during the transition to a new award 
at the end of this award period, as appropriate.
    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, a failure to make substantial progress, or has not 
maintained financial and administrative management systems that meet 
requirements in 2 CFR 200.302, Financial Management, and 200.303, 
Internal controls. The Department intends to closely monitor 
unobligated balances and substantial progress under this program and 
may reduce or discontinue funding accordingly.
    References:

American Printing House for the Blind. (2022). Building your early 
childhood toolkit. www.aph.org/building-your-early-childhood-toolkit/.
National Center on Accessible Educational Materials. (2020). AEM 
Quality Indicators with Critical Components for Early Childhood. 
https://aem.cast.org/binaries/content/assets/common/publications/aem/ec-aem-qualityindicators-criticalcomponents.pdf.
Rosenblum, L.P., Herzberg, T.S., Wild, T., Botsford, K.D., Fast, D., 
Kaiser, J.T., Cook, L.K., Hicks, M.A., DeGrant, J.N., & McBride, 
C.R. (2020). Access and engagement: Examining the impact of COVID-19 
on students birth-21 with visual impairments, their families, and 
professionals in the United States and Canada, executive summary. 
https://afb.org/research-and-initiatives/education/covid19-education-research.
Shaheen, N.L. (2022). Technology accessibility: How U.S. K-12 
schools are enacting policy and addressing the equity imperative. 
Computers &

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Education, 179. https://doi.org/10.1016/j.compedu.2021.104414.
Shaheen, N.L., & Watulak, S.L. (2019). Bringing disability into the 
discussion: Examining technology accessibility as an equity concern 
in the field of instructional technology. Journal of Research on 
Technology in Education, 51(2), 187-201. https://doi.org/10.1080/15391523.2019.1566037.
U.S. Department of Education. (2011, May 26). Frequently asked 
questions about the June 29, 2010 dear colleague letter. www.ed.gov/ocr/docs/dcl-ebook-faq-201105.pdf.
U.S. Department of Justice and U.S. Department of Education. (2010, 
June 29). Joint ``Dear Colleague'' letter: Electronic book readers. 
https://www2.ed.gov/about/offices/list/ocr/letters/colleague-20100629.html.

    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (APA) (5 U.S.C. 553) the Department generally offers interested 
parties the opportunity to comment on proposed priorities. Section 
681(d) of IDEA, however, makes the public comment requirements of the 
APA inapplicable to the priority in this notice.
    Program Authority: 20 U.S.C. 1474 and 1481.
    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in Federal 
civil rights laws.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 
97, 98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 
2 CFR part 180, as adopted and amended as regulations of the Department 
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of the Department in 2 CFR 
part 3474.
    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian Tribes.
    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: The Administration has requested 
$41,433,000 for the Educational Technology, Media, and Materials for 
Individuals with Disabilities program for FY 2024, of which we intend 
to use an estimated $1,800,000 for this competition. The actual level 
of funding, if any, depends on final congressional action. However, we 
are inviting applications to allow enough time to complete the grant 
process if Congress appropriates funds for this program.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2025 from the list of 
unfunded applications from this competition.
    Maximum Award: We will not make an award exceeding $1,800,000 for a 
single budget period of 12 months.
    Estimated Number of Awards: 1.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 48 months.

III. Eligibility Information

    1. Eligible Applicants: SEAs; LEAs, including public charter 
schools that are considered LEAs under State law; IHEs; other public 
agencies; private nonprofit organizations; freely associated States and 
outlying areas; Indian Tribes or Tribal organizations; and for-profit 
organizations.
    2. a. Cost Sharing or Matching: This competition does not require 
cost sharing or matching.
    b. Indirect Cost Rate Information: This program uses an 
unrestricted indirect cost rate. For more information regarding 
indirect costs, or to obtain a negotiated indirect cost rate, please 
see www2.ed.gov/about/offices/list/ocfo/intro.html.
    c. Administrative Cost Limitation: This program does not include 
any program-specific limitation on administrative expenses. All 
administrative expenses must be reasonable and necessary and conform to 
Cost Principles described in 2 CFR part 200 subpart E of the Uniform 
Guidance.
    3. Subgrantees: 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 suitable to carry out the 
activities proposed in the application, and 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, 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/d/2022-26554, which contain requirements and 
information on how to submit an application.
    2. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. 
Information about Intergovernmental Review of Federal Programs under 
Executive Order 12372 is in the application package for this 
competition.
    3. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    4. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 70 pages and (2) use the 
following standards:
    <bullet> A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
    <bullet> 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.
    <bullet> Use a font that is 12 point or larger.
    <bullet> 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, image descriptions provided for 
accessibility,

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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; and
    (ii) The importance or magnitude of the results or outcomes likely 
to be attained by the proposed project.
    (iii) The extent to which the proposed project is likely to build 
local capacity to provide, improve, or expand services that address the 
needs of the target population.
    (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 services to be provided by the proposed 
project involve the collaboration of appropriate partners for 
maximizing the effectiveness of project services; and
    (vi) 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 the following factors:
    (i) The extent to which the methods of evaluation are thorough, 
feasible, and appropriate to the goals, objectives, and outcomes of the 
proposed project.
    (ii) The extent to which the methods of evaluation 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;
    (iii) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes.
    (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 adequacy of procedures for ensuring feedback and 
continuous improvement in the operation of the proposed project;
    (iii) 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.
    (iv) How the applicant will ensure that a diversity of perspectives 
are brought to bear in the operation of the proposed project, including 
those of parents, teachers, the business community, a variety of 
disciplinary and professional fields, recipients or beneficiaries of 
services, or others, as appropriate.
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Additional Review and Selection Process Factors: In the past, 
the

[[Page 368]]

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 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 purpose 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 Educational 
Technology, Media, and Materials for Individuals with Disabilities 
Program. These measures are:
    <bullet> Program Performance Measure #1: The percentage of 
Educational Technology, Media, and Materials Program products and 
services judged to be of high quality by an independent review panel of 
experts qualified to review the substantial content of the products and 
services.
    <bullet> Program Performance Measure #2: The percentage of 
Educational Technology, Media, and Materials

[[Page 369]]

Program products and services judged to be of high relevance to 
improving outcomes for infants, toddlers, children, and youth with 
disabilities.
    <bullet> Program Performance Measure #3: The percentage of 
Educational Technology, Media, and Materials Program products and 
services judged to be useful in improving results for infants, 
toddlers, children, and youth with disabilities.
    <bullet> Program Performance Measure #4.1: The Federal cost per 
unit of accessible educational materials funded by the Educational 
Technology, Media, and Materials Program.
    <bullet> Program Performance Measure #4.2: The Federal cost per 
unit of accessible educational materials from the National 
Instructional Materials Accessibility Center funded by the Educational 
Technology, Media, and Materials Program.
    <bullet> Program Performance Measure #4.3: The Federal cost per 
unit of video description funded by the Educational Technology, Media, 
and Materials Program (long-term measure).
    The measures apply to projects funded under this competition, and 
grantees are required to submit data on these measures as directed by 
OSEP.
    Grantees will be required to report information on their project's 
performance in annual and final performance reports to the Department 
(34 CFR 75.590).
    The Department will also closely monitor the extent to which the 
products and services provided by the Center meet needs identified by 
partners 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, whether 
the grantee has made substantial progress in achieving 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.
    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.

Dant[eacute] Allen,
Commissioner, Rehabilitation Services Administration, Office of Special 
Education and Rehabilitative Services.
[FR Doc. 2023-28871 Filed 1-2-24; 8:45 am]
BILLING CODE 4000-01-P


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