81_FR_15547 81 FR 15491 - Proposed Priority, and Requirements-Technical Assistance on State Data Collection-Assessment Center [CFDA Number: 84.373A]

81 FR 15491 - Proposed Priority, and Requirements-Technical Assistance on State Data Collection-Assessment Center [CFDA Number: 84.373A]

DEPARTMENT OF EDUCATION

Federal Register Volume 81, Issue 56 (March 23, 2016)

Page Range15491-15497
FR Document2016-06441

The Assistant Secretary for the Office of Special Education and Rehabilitative Services (OSERS) proposes a priority and requirements under the Technical Assistance on State Data Collection program. The Assistant Secretary may use this priority and these requirements for competitions in fiscal year (FY) 2016 and later years. We take this action to focus attention on an identified need to address national, State, and local assessment issues related to students with disabilities, including students with disabilities who are English Learners \1\ (ELs) with disabilities. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 56 (Wednesday, March 23, 2016)
[Federal Register Volume 81, Number 56 (Wednesday, March 23, 2016)]
[Proposed Rules]
[Pages 15491-15497]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06441]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[ED-2016-OSERS-0024]


Proposed Priority, and Requirements--Technical Assistance on 
State Data Collection--Assessment Center [CFDA Number: 84.373A]

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

ACTION: Proposed priority and requirements.

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SUMMARY: The Assistant Secretary for the Office of Special Education 
and Rehabilitative Services (OSERS) proposes a priority and 
requirements under the Technical Assistance on State Data Collection 
program. The Assistant Secretary may use this priority and these 
requirements for competitions in fiscal year (FY) 2016 and later years. 
We take this action to focus attention on an identified need to address 
national, State, and local assessment issues related to students with 
disabilities, including students with disabilities who are English 
Learners \1\ (ELs) with disabilities.
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    \1\ For more information see: www.ed.gov/news/press-releases/us-departments-education-and-justice-release-joint-guidance-ensure-english-learner-students-have-equal-access-high-quality-education.

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DATES: We must receive your comments on or before June 6, 2016.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments by fax or by email or those submitted after the comment 
period. Please submit your comments only one time, in order to ensure 
that we do not receive duplicate copies. In addition, please include 
the Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``How to use Regulations.gov'' in the Help section.
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about this proposed priority and 
requirements, address them to David Egnor, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5163, Potomac Center Plaza, 
Washington, DC 20202-5076.
    Privacy Note: The U.S. Department of Education's (Department's) 
policy is to make all comments received from members of the public 
available for public viewing in their entirety on the Federal 
eRulemaking Portal at www.regulations.gov. Therefore, commenters should 
be careful to include in their comments only information that they wish 
to make publicly available.

FOR FURTHER INFORMATION CONTACT: David Egnor. Telephone: (202) 245-7334 
or by email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment: We invite you to submit comments regarding 
this notice. To ensure that your comments have maximum effect in 
developing the notice of final priority and requirements, we urge you 
to identify clearly the specific section of the proposed priority or 
requirement that each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866 and 13563 and their overall 
requirement of reducing regulatory burden that might result from this 
proposed priority and these proposed requirements. Please let us know 
of any further ways we could reduce potential costs or increase 
potential benefits while preserving the effective and efficient 
administration of the program.
    During and after the comment period, you may inspect all public 
comments about this notice in Room 5163, 550 12th Street SW., Potomac 
Center Plaza, Washington, DC, between the hours of 8:30 a.m. and 4:00 
p.m., Washington, DC time, Monday through Friday of each week except 
Federal holidays.
    Assistance to Individuals With Disabilities in Reviewing the 
Rulemaking Record: On request, we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.
    Purpose of Program: The purpose of the Technical Assistance on 
State Data Collection program is to improve the capacity of States to 
meet the Individuals with Disabilities Education Act (IDEA) data 
collection and reporting requirements. 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 the IDEA to 
provide technical assistance activities authorized under section 616(i) 
of IDEA. Section 616(i) of IDEA requires the Secretary to review the 
data collection and analysis capacity of States to ensure that data and 
information determined necessary for implementation of IDEA section 616 
are collected, analyzed, and accurately reported to the Secretary. It 
also requires the Secretary to provide technical assistance, where 
needed, to improve the capacity of States to meet the data collection 
requirements under IDEA Parts B and C, which include the data 
collection and reporting requirements in sections 616 and 618 of IDEA.
    Program Authority: 20 U.S.C. 1411(c) and 1416(i).
    Applicable Program Regulations: 34 CFR 300.702.
    Proposed Priority:
    This notice contains one proposed priority.
    Background:
    One essential part of successfully educating students is assessing 
their progress in learning to high standards. Done well and 
thoughtfully, assessments are tools for learning and

[[Page 15492]]

promoting equity. They provide necessary information for educators, 
families, the public, and students themselves to measure progress and 
improve outcomes for all learners.
    Section 612(a)(16) of the IDEA requires that all students with 
disabilities are included in all general State and districtwide 
assessments, including assessments described under section 1111 of the 
Elementary and Secondary Education Act of 1965 (ESEA), with appropriate 
accommodations and alternate assessments where necessary and as 
indicated in their respective individualized education programs. In 
accordance with Federal law, there are multiple ways for students with 
disabilities to participate in State and districtwide assessments: 
General assessments, general assessments with accommodations, alternate 
assessments that are based on alternate academic achievement standards 
for students with the most significant cognitive disabilities, and 
alternate assessments that are based on grade-level academic 
achievement standards. (For additional information, see section 1111 of 
the ESEA.)
    Further, research shows that (1) instruction for students with 
disabilities is increasingly aligned with State academic content 
standards, (2) State and districtwide assessment data are more 
frequently used to make educational decisions for these students, and 
(3) participating in State and districtwide assessments and being 
included in accountability systems may have positive effects on 
educational results for students with disabilities (Aron & Loprest, 
2012; Courtade, Spooner, & Browder, 2012; Kurz, Elliott, Lemons, 
Zigmond, Kloo, & Kettler, 2014). However, teachers cannot simply wait 
until the results of State and districtwide assessments are made 
available to make educational decisions. In addition to analyzing 
results from State (typically summative) assessments, formative 
assessments are increasingly being used before, during, and after 
instruction to help teachers understand their students' learning and 
improve their own instructional practices (Conderman & Hedin, 2012).
    Despite the progress State educational agencies (SEAs) and local 
educational agencies (LEAs) have made in including students with 
disabilities in assessments and accountability systems, SEAs and LEAs 
continue to face challenges. These challenges include integrating data 
from dissimilar tests (e.g., general, accommodated, and alternate) into 
a single accountability system, developing consistent SEA and LEA 
policies on assessment accommodations that provide maximum 
accessibility while maintaining test reliability and validity, and 
analyzing and using formative and summative assessment data to improve 
instruction and accountability for students with disabilities.
    In addition, one of the most complex challenges faced by SEAs and 
LEAs is developing and administering English language proficiency (ELP) 
assessments to students who are both ELs and students with disabilities 
(U.S. Department of Education, 2014). Properly identifying these 
students is also a significant challenge if their disabilities are 
masked by their limited English proficiency, or vice versa. Improper 
identification may lead to inappropriate instruction, assessment, and 
accommodation for these students. Linguistic and cultural biases may 
also affect the validity of assessment for ELs with disabilities (Lane 
& Leventhal, 2015).
    Finally, the Department notes that in many schools, there may be 
unnecessary testing and insufficient clarity of purpose applied to the 
task of assessing students, including students with disabilities, 
consuming too much instructional time and creating undue stress for 
educators and students. (For more information, see the Department's 
February 2nd, 2016, letter to Chief State School Officers available at: 
http://www2.ed.gov/admins/lead/account/saa/16-0002signedcsso222016ltr.pdf.)
    These and other complex challenges will continue to arise in this 
dynamic landscape as States adopt college- and career-ready academic 
content standards and develop new, valid, more instructionally useful 
and inclusive assessments aligned to these standards.
    Developing these new assessments has been challenging and time-
consuming, and States must continue to ensure that all students with 
disabilities can fully participate in State and districtwide 
assessments. States and LEAs will also need support in identifying and 
implementing evidence-based practices for effectively including 
children with disabilities in State and districtwide assessments. 
Moreover, evidence-based methods for analyzing and effectively using 
State and districtwide assessment data to improve instruction and 
accountability for students with disabilities will continue to need 
further development and refinement.
    Accordingly, we propose a priority in this notice that will be 
utilized in a competition to fund a Center to support SEAs and LEAs in 
analyzing and effectively using assessment data to improve results for 
children with disabilities. Under the proposed priority in this notice, 
as part of the Technical Assistance on State Data Collection program, 
the Center will (1) assist States in analyzing and using assessment 
data to better achieve the State Identifiable Measurable Result(s) 
(SIMR), which were described in their IDEA Part B State Systemic 
Improvement Plans (SSIPs) that were developed in accordance with 
section 616(b) of IDEA and OSEP guidance on Indicator B-17 of the 
Federal Fiscal Year (FFY) 2013 through FFY 2018 IDEA Part B State 
Performance Plan/Annual Performance Report (SPP/APR); \2\ and (2) 
assist State efforts to provide TA to LEAs in analyzing and using 
assessment data to support achievement of the SIMR, as appropriate.
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    \2\ In accordance with section 616(b) of the IDEA, States must 
have in place a performance plan that evaluates the State's efforts 
to implement the requirements and purposes of Part B of the IDEA and 
describes how the State will improve such implementation. As part of 
the SPP/APR, each State shall establish measurable and rigorous 
targets for each indicator established by the Secretary. In the 
Results Driven Accountability System, OSERS required States under 
Indicator 17 to develop a State Systemic Improvement Plan (SSIP) as 
part of their FFY 2013 through FFY 2018 IDEA Part B SPPs/APRs. The 
SSIP must include: (1) FFY 2013 baseline data expressed as a 
percentage and aligned with the State-identified Measurable 
Result(s) (SIMR) for children with disabilities; (2) measurable and 
rigorous targets (expressed as a percentage) for each of the five 
years for FFY 2014 through FFY 2018, with the FFY 2018 target 
reflecting improvement over the FFY 2013 baseline data; and (3) a 
plan that includes an explanation of how the improvement strategies 
were selected and will lead to measurable improvement in the SIMR.
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    In addition to the priority we are proposing in this notice, we 
plan to establish in the applicable notice inviting applications an 
additional priority under the Technical Assistance and Dissemination to 
Improve Services and Results for Children with Disabilities program 
that will support the Center. This additional priority is from 
allowable activities specified or otherwise authorized in sections 663 
and 681(d) of the IDEA (20 U.S.C. 1463 and 1481(d)). Under section 
681(d) of the IDEA, the Secretary may, without regard to rulemaking, 
fund activities under the Technical Assistance and Dissemination to 
Improve Services and Results for Children with Disabilities program. 
Therefore, we are not proposing that priority in this notice. However, 
because we plan to use the additional priority to support the Center, 
in connection with the priority under the Technical Assistance on State 
Data Collection program and requirements we propose in this notice, we 
believe comments on the priority and requirements proposed in this 
notice may be informed by including

[[Page 15493]]

relevant portions of the text of this additional priority. An 
abbreviated version of that additional priority is included in Appendix 
1 to this notice. The complete priority will be issued at a later date.
    The priority we are proposing in this notice is:
    Proposed Priority: Technical Assistance to States on the Analysis 
and Use of Assessment Data To Support Achievement of the State 
Identified Measurable Result(s).
    The purpose of the priority we are proposing in this notice is to 
assist States in analyzing and using assessment data to support the 
achievement of the SIMR as described in their SSIP. [This proposed 
priority is authorized under sections 611(c) and 616(i) of the IDEA (20 
U.S.C. 1411(c) and 1416(i)).]
    As detailed earlier in the background section, research indicates 
that SEAs and LEAs continue to face challenges in analyzing and using 
assessment data to improve instruction and accountability for students 
with disabilities. SEAs also need assistance analyzing State assessment 
data to better achieve their SIMRs. Beginning in FFY 2013, States were 
required to provide, as part of Phase I of the SSIP, a statement of the 
result(s) the State intends to achieve through implementation of the 
SSIP, which is referred to as the SIMR for children with disabilities. 
The State must establish ``measurable and rigorous'' targets for each 
successive year of the SPP/APR (FFYs 2014 through 2018). The end target 
(for FFY 2018) must demonstrate improvement over the FFY 2013 baseline 
data. At least 42 States have focused their IDEA Part B SIMR on 
improving academic achievement as measured by assessment results for 
children with disabilities. These States will need assistance in 
analyzing and using State assessment data to promote academic 
achievement and to improve results for children with disabilities.
    Proposed Priority:
    The purpose of this priority is to (1) assist States in analyzing 
and using assessment data to better achieve the SIMR as described in 
their IDEA Part B SSIPs, and (2) assist State efforts to provide 
technical assistance (TA) to LEAs in analyzing and using State and 
districtwide assessment data to better achieve the SIMR, as 
appropriate. The Center must achieve, at a minimum, the following 
expected outcomes:
    (a) Increased capacity of SEA personnel to analyze and use 
assessment data to better achieve the SIMR described in the IDEA Part B 
SSIP, including the uses of assessment data to evaluate and improve 
educational policy, inform instructional programs and improve 
instruction for students with disabilities; and
    (b) Increased capacity of SEA personnel to provide TA to LEAs in 
the analysis and use of State and districtwide assessment data to 
improve instruction of students with disabilities and better achieve 
the SIMR.
    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)).

Proposed Requirements

    Background:
    In addition to the programmatic requirements contained in the 
proposed priority in this notice and the additional priority included 
in Appendix 1, to be considered for funding applicants must meet the 
following requirements.
    Proposed Requirements:
    The Assistant Secretary proposes the following requirements for 
this program. We may apply these requirements in any year in which this 
program is in effect.
    Applications that:
    (a) Demonstrate, in the narrative section of the application under 
``Significance of the Project,'' how the proposed project will--
    (1) Address the needs of SEAs and LEAs to analyze and use State and 
districtwide assessment data in instructional decision-making to 
improve teaching and learning for students with disabilities. To meet 
this requirement the applicant must--
    (i) Present applicable national, State, and local data 
demonstrating the needs of SEAs and LEAs to analyze and use State and 
districtwide assessment data in instructional decision-making to 
improve teaching and learning for students with disabilities;
    (ii) Demonstrate knowledge of current educational issues and policy 
initiatives about analyzing and using assessment data in instructional 
decision-making to improve teaching and learning for students with 
disabilities; and
    (iii) Describe the level at which SEAs and LEAs currently analyze 
and use State and districtwide assessment data in instructional 
decision-making to improve teaching and learning for students with 
disabilities.
    (2) Improve the analysis and use of assessment data to improve 
teaching and learning for students with disabilities.
    (b) Demonstrate, in the narrative section of the application under 
``Quality of the 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 technical 
assistance (TA) and information; and
    (ii) Ensure that products and services meet the needs of the 
intended recipients (e.g., by creating materials in formats and 
languages accessible to the stakeholders served by the intended 
recipients);
    (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 (see paragraph (f)(1)) by which the proposed 
project will achieve its intended outcomes;
    (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;
    (4) Be based on current research and make use of evidence-based 
practices. To meet this requirement, the applicant must describe--
    (i) The current research on the effectiveness of analyzing and 
using assessment data in instructional decision-making to improve 
teaching and learning for students with disabilities; and

[[Page 15494]]

    (ii) How the proposed project will incorporate current evidence-
based 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 on 
analyzing and using assessment data in instructional decision-making to 
improve teaching and learning for students with disabilities;
    (ii) Its proposed approach to universal, general TA,\3\ which must 
identify the intended recipients of the products and services under 
this approach;
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    \3\ ``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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    (iii) Its proposed approach to targeted, specialized TA,\4\ which 
must identify--
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    \4\ ``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 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; and
    (B) Its proposed approach 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 local level; and
    (iv) Its proposed approach to intensive, sustained TA,\5\ which 
must identify--
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    \5\ ``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) The intended recipients of the products and services under this 
approach;
    (B) Its proposed approach to measure the readiness of SEA and LEA 
personnel to work with the project, including their commitment to the 
initiative, alignment of the initiative to their needs, current 
infrastructure, available resources, and ability to build capacity at 
the SEA and LEA levels;
    (C) Its proposed plan for assisting SEAs (and LEAs, in conjunction 
with SEAs) to build 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 system (e.g., SEAs, regional TA providers, LEAs, schools, and 
families) to ensure that there is communication between each level and 
that there are systems in place to support the collection, analysis and 
use of assessment data in instructional decision-making to improve 
teaching and learning for students with disabilities;
    (E) Its proposed plan for collaborating and coordinating with 
Department of Education funded TA investments and IES research and 
development investments, where appropriate, in order to align 
complementary work and jointly develop and implement products and 
services to meet the purposes of this priority;
    (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 and the 
intended outcomes of this collaboration; and
    (iii) How the proposed project will use non-project resources to 
achieve the intended project outcomes.
    (c) In the narrative section of the application, under ``Quality of 
the Evaluation Plan,'' 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 extent 
to which the project's products and services have reached its target 
population, and measures of intended outcomes or results to assess the 
project's progress toward achieving intended outcomes.
    In designing the evaluation plan, the project must--
    (1) Designate, with the approval of the OSEP project officer, a 
project liaison staff person with sufficient dedicated time, experience 
in evaluation, and knowledge of the project to work in collaboration 
with the Center to Improve Project Performance (CIPP),\6\ the project 
director, and the OSEP project officer on the following tasks:
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    \6\ 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 technical assistance in designing the evaluations with due 
consideration of the project's budget. CIPP does not function as a 
third-party evaluator.
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    (i) Revise, as needed, the logic model (see paragraph (f)(1) this 
priority) submitted in the grant application 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 consistent with the logic model (e.g., preparing 
evaluation questions about significant program processes and outcomes; 
developing quantitative or qualitative data collections that permit 
both the collection of progress data, including fidelity of 
implementation, as appropriate, and progress toward achieving intended 
outcomes; selecting respondent samples if appropriate; designing 
instruments or identifying data sources; and identifying analytic 
strategies); and
    (iii) Revise, as needed, the evaluation plan submitted in the grant 
application such that it clearly--
    (A) Specifies the measures and associated instruments or sources 
for data appropriate to the evaluation questions, suggests analytic 
strategies for those data, provides a timeline for conducting the 
evaluation, and includes staff assignments for completion of the plan;
    (B) Delineates the data expected to be available by the end of the 
second project year for use during the project's intensive review 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, with the assistance of CIPP as needed, to specify the 
performance measures to be addressed in the project's Annual 
Performance Report;
    (2) Cooperate with CIPP staff 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

[[Page 15495]]

paragraphs (c)(1) and (c)(2) of this section and implementing the 
evaluation plan.
    (d) 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;
    (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, 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 benefit from a diversity of 
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, a logic model that depicts, at a 
minimum, the goals, activities, outputs, and intended 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.osepideasthatwork.org/logicModel/index.asp.

    (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, 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 two and one-half day project directors' meeting in 
Washington, DC, during each year of the project period;
    (iii) Three trips annually to attend Department briefings, 
Department-sponsored conferences, and other meetings, as requested by 
OSEP; and
    (iv) A one-day intensive 3+2 review meeting in Washington, DC, 
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 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

    (6) Maintain a Web site that meets government or industry-
recognized standards for accessibility.
    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), as well as--
    (a) The recommendation of a review team consisting of experts 
selected by the Secretary. 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 and effectiveness with which all 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.
    References:

Aron, L., & Loprest, P. (2012). Disability and the education system. 
The Future of Children, 22(1), 97-122.
Conderman, G., & Hedin, L. (2012). Classroom assessments that inform 
instruction. Kappa Delta Pi Record, 48(4), 162-168.
Courtade, G., Spooner, F., Browder, D., & Jimenez, B. (2012). Seven 
reasons to promote standards-based instruction for students with 
severe disabilities: A reply to Ayres, Lowrey, Douglas, & Sievers 
(2011). Education and Training in Autism and Developmental 
Disabilities, 47(1), 3-13.
Kurz, A., Elliott, S., Lemons, C., Zigmond, N., Kloo, A., & Kettler, 
R. (2014). Assessing opportunity-to-learn for students with 
disabilities in general and special education classes. Assessment 
for Effective Intervention, 40(1), 24-39.
Lane, S., & Leventhal, B. (2015). Psychometric challenges in 
assessing English language learners with disabilities. Review of 
Research in Education, 39, 165-214.
Miller, C.L. (2010). Accountability policy implementation and the 
case of smaller school district capacity: Three contrasting cases 
that examine the flow and use of NCLB accountability data. 
Leadership and Policy in Schools, 9(4), 384-420.
U.S. Department of Education. (2014). Questions and Answers 
Regarding Inclusion of English Learners with Disabilities in English 
Language Proficiency Assessments and Title III Annual Measurable 
Achievement Objectives. Retrieved from: http://www2.ed.gov/programs/sfgp/elswdfaq7182014.doc.

Final Priority and Requirements

    We will announce the final priority and requirements in a notice in 
the Federal Register. We will determine the final priority and 
requirements after considering responses to this notice and other 
information available to the Department. This notice does not preclude 
us from proposing additional priorities or requirements subject to 
meeting applicable rulemaking requirements.

    Note: This notice does not solicit applications. In any year in 
which we choose to use this proposed priority and one or more of 
these requirements, we invite applications through a notice in the 
Federal Register.

    Executive Orders 12866 and 13563:
    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and,

[[Page 15496]]

therefore, subject to the requirements of the Executive order and 
subject to review by 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 stated in the 
Executive order.
    This proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3(f) of Executive Order 
12866.
    We have also reviewed this proposed 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 proposed priority and these proposed 
requirements only on a reasoned determination that their benefits 
justify their 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 have also 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.
    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) on request to the contact person listed 
under FOR FURTHER INFORMATION CONTACT.
    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.thefederalregister.org/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: March 16, 2016.
Michael K. Yudin,
Assistant Secretary for Special Education and Rehabilitative Services.

Appendix 1

    Technical Assistance and Dissemination to Improve Services and 
Results for Children With Disabilities--National Technical 
Assistance Center to Increase the Participation and Improve the 
Performance of Students With Disabilities on State and Districtwide 
Assessments.
    The purpose of this priority is to fund a cooperative agreement 
to establish and operate a National Technical Assistance Center to 
Increase the Participation and Improve the Performance of Students 
with Disabilities on State and Districtwide Assessments (Center). 
The Center must achieve, at a minimum, the following expected 
outcomes to support SEAs and LEAs in the implementation of 
appropriate, high-quality assessments for students with 
disabilities:
    Knowledge Development Outcomes.
    (a) Increased body of knowledge on evidence-based practices to 
collect, analyze, synthesize, and disseminate relevant information 
about State and districtwide assessment of students with 
disabilities, including topics such as--
    (1) Including students with disabilities in accountability 
systems;
    (2) Assessment accommodations;
    (3) Alternate assessments;
    (4) Universal design of assessments;
    (5) Technology-based assessments;
    (6) Formative assessments;
    (8) Competency-based assessments;
    (7) Methods for analyzing and reporting assessment data;
    (8) Application of growth models in assessment programs;
    (9) Uses of formative and summative assessment data to inform 
instructional programs for students with disabilities;
    (10) Assessing English Learners (ELs) with disabilities, 
including ensuring that all ELs with disabilities receive 
appropriate accommodations, as needed, on English Language 
Proficiency (ELP) assessments and that the results of ELP 
assessments for students with disabilities are validly used in 
making accountability determinations under the Elementary and 
Secondary Education Act of 1965, as amended (ESEA); and
    (11) Ensuring that assessments are fair, are of high quality, 
take up the minimum necessary time, provide the same educational 
benefits for all test takers, and reflect the

[[Page 15497]]

expectation that students will be prepared for success in college 
and careers.
    Note: In order to meet the requirements of paragraph (a), the 
Center will conduct a comprehensive review of existing research on 
evidence-based practices available from a variety of reliable 
sources, such as findings from research funded by the Institute of 
Education Sciences (IES), including the National Research and 
Development Center on Assessment and Accountability for Special 
Education (NCASSE) and other federally funded and non-federally 
funded sources.
    (b) Increase the capacity of SEA and LEA personnel to assess and 
track SEA and LEA needs for including students with disabilities in 
State and districtwide assessments, including, as appropriate, 
improving the skills of SEA and LEA personnel in any of the topics 
listed in paragraph (a) of this section.
    Technical Assistance and Dissemination Outcomes.
    (a) Increased capacity of SEA and LEA personnel to collect and 
analyze summative assessment data, and formative assessment data (in 
the case of LEA personnel), on the performance of students with 
disabilities.
    (b) Increased capacity of SEA and LEA personnel to use State and 
districtwide summative assessment data, and formative data from 
districtwide assessments (in the case of LEA personnel), to evaluate 
and improve educational policies and increase accountability for 
students with disabilities.
    (c) Increased capacity of LEA personnel to use formative and 
summative assessment results in instructional decision-making to 
improve teaching and learning for students with disabilities.
    (d) Increased awareness about how students with disabilities are 
included in and benefit from current and emerging approaches to 
State and districtwide assessment, including topics listed in 
paragraph (a) of the Knowledge Development Outcomes section of this 
priority.

[FR Doc. 2016-06441 Filed 3-22-16; 8:45 am]
 BILLING CODE 4000-01-P



                                                                          Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Proposed Rules                                          15491

                                                    remaining within the regulated area                     DATES:  We must receive your comments                 might result from this proposed priority
                                                    unless authorized by the COTP                           on or before June 6, 2016.                            and these proposed requirements.
                                                    Jacksonville or a designated                            ADDRESSES: Submit your comments                       Please let us know of any further ways
                                                    representative.                                         through the Federal eRulemaking Portal                we could reduce potential costs or
                                                       (2) Persons and vessels desiring to                  or via postal mail, commercial delivery,              increase potential benefits while
                                                    enter, transit through, anchor in, or                   or hand delivery. We will not accept                  preserving the effective and efficient
                                                    remain within the regulated area may                    comments by fax or by email or those                  administration of the program.
                                                    contact the COTP Jacksonville by                        submitted after the comment period.                      During and after the comment period,
                                                    telephone at (904) 564–7511, or a                       Please submit your comments only one                  you may inspect all public comments
                                                    designated representative via VHF–FM                    time, in order to ensure that we do not               about this notice in Room 5163, 550
                                                    radio on channel 16 to request                          receive duplicate copies. In addition,                12th Street SW., Potomac Center Plaza,
                                                    authorization. If authorization is                      please include the Docket ID at the top               Washington, DC, between the hours of
                                                    granted, all persons and vessels                        of your comments.                                     8:30 a.m. and 4:00 p.m., Washington,
                                                    receiving such authorization must                          • Federal eRulemaking Portal: Go to                DC time, Monday through Friday of
                                                    comply with the instructions of the                     www.regulations.gov to submit your                    each week except Federal holidays.
                                                    COTP Jacksonville or designated                         comments electronically. Information                     Assistance to Individuals With
                                                    representative.                                         on using Regulations.gov, including                   Disabilities in Reviewing the
                                                       (3) The Coast Guard will provide                     instructions for accessing agency                     Rulemaking Record: On request, we will
                                                    notice of the regulated area through                    documents, submitting comments, and                   provide an appropriate accommodation
                                                    Broadcast Notice to Mariners via VHF–                   viewing the docket, is available on the               or auxiliary aid to an individual with a
                                                    FM channel 16 or by on-scene                            site under ‘‘How to use                               disability who needs assistance to
                                                    designated representatives.                             Regulations.gov’’ in the Help section.                review the comments or other
                                                       (d) Enforcement period. This section                    • Postal Mail, Commercial Delivery,                documents in the public rulemaking
                                                    will be enforced from 10 a.m. to 5 p.m.                 or Hand Delivery: If you mail or deliver              record for this notice. If you want to
                                                    on May 15, 2016.                                        your comments about this proposed                     schedule an appointment for this type of
                                                                                                            priority and requirements, address them               accommodation or auxiliary aid, please
                                                       Dated: March 14, 2016.
                                                                                                            to David Egnor, U.S. Department of                    contact the person listed under FOR
                                                    J.F. Dixon,                                                                                                   FURTHER INFORMATION CONTACT.
                                                    Captain, U.S. Coast Guard, Captain of the               Education, 400 Maryland Avenue SW.,
                                                                                                                                                                     Purpose of Program: The purpose of
                                                    Port Jacksonville.                                      Room 5163, Potomac Center Plaza,
                                                                                                                                                                  the Technical Assistance on State Data
                                                    [FR Doc. 2016–06521 Filed 3–22–16; 8:45 am]
                                                                                                            Washington, DC 20202–5076.
                                                                                                               Privacy Note: The U.S. Department of               Collection program is to improve the
                                                    BILLING CODE 9110–04–P
                                                                                                            Education’s (Department’s) policy is to               capacity of States to meet the
                                                                                                            make all comments received from                       Individuals with Disabilities Education
                                                                                                            members of the public available for                   Act (IDEA) data collection and reporting
                                                    DEPARTMENT OF EDUCATION                                 public viewing in their entirety on the               requirements. Funding for the program
                                                                                                            Federal eRulemaking Portal at                         is authorized under section 611(c)(1) of
                                                    34 CFR Chapter III                                                                                            IDEA, which gives the Secretary the
                                                                                                            www.regulations.gov. Therefore,
                                                                                                            commenters should be careful to                       authority to reserve funds appropriated
                                                    [ED–2016–OSERS–0024]
                                                                                                            include in their comments only                        under Part B of the IDEA to provide
                                                    Proposed Priority, and Requirements—                    information that they wish to make                    technical assistance activities
                                                    Technical Assistance on State Data                      publicly available.                                   authorized under section 616(i) of IDEA.
                                                    Collection—Assessment Center [CFDA                                                                            Section 616(i) of IDEA requires the
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    Number: 84.373A]                                                                                              Secretary to review the data collection
                                                                                                            David Egnor. Telephone: (202) 245–                    and analysis capacity of States to ensure
                                                    AGENCY:  Office of Special Education and                7334 or by email: David.Egnor@ed.gov.                 that data and information determined
                                                    Rehabilitative Services, Department of                     If you use a telecommunications                    necessary for implementation of IDEA
                                                    Education.                                              device for the deaf (TDD) or a text                   section 616 are collected, analyzed, and
                                                                                                            telephone (TTY), call the Federal Relay               accurately reported to the Secretary. It
                                                    ACTION: Proposed priority and
                                                                                                            Service (FRS), toll free, at 1–800–877–               also requires the Secretary to provide
                                                    requirements.
                                                                                                            8339.                                                 technical assistance, where needed, to
                                                    SUMMARY:   The Assistant Secretary for                  SUPPLEMENTARY INFORMATION:                            improve the capacity of States to meet
                                                    the Office of Special Education and                       Invitation to Comment: We invite you                the data collection requirements under
                                                    Rehabilitative Services (OSERS)                         to submit comments regarding this                     IDEA Parts B and C, which include the
                                                    proposes a priority and requirements                    notice. To ensure that your comments                  data collection and reporting
                                                    under the Technical Assistance on State                 have maximum effect in developing the                 requirements in sections 616 and 618 of
                                                    Data Collection program. The Assistant                  notice of final priority and                          IDEA.
                                                    Secretary may use this priority and                     requirements, we urge you to identify                    Program Authority: 20 U.S.C. 1411(c)
                                                    these requirements for competitions in                  clearly the specific section of the                   and 1416(i).
                                                    fiscal year (FY) 2016 and later years. We               proposed priority or requirement that                    Applicable Program Regulations: 34
                                                    take this action to focus attention on an               each comment addresses.                               CFR 300.702.
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                                                    identified need to address national,                      We invite you to assist us in                          Proposed Priority:
                                                    State, and local assessment issues                      complying with the specific                              This notice contains one proposed
                                                    related to students with disabilities,                  requirements of Executive Orders 12866                priority.
                                                    including students with disabilities who                and 13563 and their overall requirement                  Background:
                                                    are English Learners 1 (ELs) with                                                                                One essential part of successfully
                                                                                                            of reducing regulatory burden that
                                                    disabilities.                                                                                                 educating students is assessing their
                                                                                                            justice-release-joint-guidance-ensure-english-
                                                                                                                                                                  progress in learning to high standards.
                                                      1 For more information see: www.ed.gov/news/          learner-students-have-equal-access-high-quality-      Done well and thoughtfully,
                                                    press-releases/us-departments-education-and-            education.                                            assessments are tools for learning and


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                                                    15492                 Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Proposed Rules

                                                    promoting equity. They provide                          assessment accommodations that                        disabilities. Under the proposed priority
                                                    necessary information for educators,                    provide maximum accessibility while                   in this notice, as part of the Technical
                                                    families, the public, and students                      maintaining test reliability and validity,            Assistance on State Data Collection
                                                    themselves to measure progress and                      and analyzing and using formative and                 program, the Center will (1) assist States
                                                    improve outcomes for all learners.                      summative assessment data to improve                  in analyzing and using assessment data
                                                       Section 612(a)(16) of the IDEA                       instruction and accountability for                    to better achieve the State Identifiable
                                                    requires that all students with                         students with disabilities.                           Measurable Result(s) (SIMR), which
                                                    disabilities are included in all general                   In addition, one of the most complex               were described in their IDEA Part B
                                                    State and districtwide assessments,                     challenges faced by SEAs and LEAs is                  State Systemic Improvement Plans
                                                    including assessments described under                   developing and administering English                  (SSIPs) that were developed in
                                                    section 1111 of the Elementary and                      language proficiency (ELP) assessments                accordance with section 616(b) of IDEA
                                                    Secondary Education Act of 1965                         to students who are both ELs and                      and OSEP guidance on Indicator B–17
                                                    (ESEA), with appropriate                                students with disabilities (U.S.                      of the Federal Fiscal Year (FFY) 2013
                                                    accommodations and alternate                            Department of Education, 2014).                       through FFY 2018 IDEA Part B State
                                                    assessments where necessary and as                      Properly identifying these students is                Performance Plan/Annual Performance
                                                    indicated in their respective                           also a significant challenge if their                 Report (SPP/APR); 2 and (2) assist State
                                                    individualized education programs. In                   disabilities are masked by their limited              efforts to provide TA to LEAs in
                                                    accordance with Federal law, there are                  English proficiency, or vice versa.                   analyzing and using assessment data to
                                                    multiple ways for students with                         Improper identification may lead to                   support achievement of the SIMR, as
                                                    disabilities to participate in State and                inappropriate instruction, assessment,                appropriate.
                                                    districtwide assessments: General                       and accommodation for these students.                    In addition to the priority we are
                                                    assessments, general assessments with                   Linguistic and cultural biases may also               proposing in this notice, we plan to
                                                    accommodations, alternate assessments                   affect the validity of assessment for ELs             establish in the applicable notice
                                                    that are based on alternate academic                    with disabilities (Lane & Leventhal,                  inviting applications an additional
                                                    achievement standards for students with                 2015).                                                priority under the Technical Assistance
                                                    the most significant cognitive                             Finally, the Department notes that in              and Dissemination to Improve Services
                                                    disabilities, and alternate assessments                 many schools, there may be unnecessary                and Results for Children with
                                                    that are based on grade-level academic                  testing and insufficient clarity of                   Disabilities program that will support
                                                    achievement standards. (For additional                  purpose applied to the task of assessing              the Center. This additional priority is
                                                    information, see section 1111 of the                    students, including students with                     from allowable activities specified or
                                                    ESEA.)                                                  disabilities, consuming too much                      otherwise authorized in sections 663
                                                       Further, research shows that (1)                     instructional time and creating undue                 and 681(d) of the IDEA (20 U.S.C. 1463
                                                    instruction for students with disabilities              stress for educators and students. (For               and 1481(d)). Under section 681(d) of
                                                    is increasingly aligned with State                      more information, see the Department’s                the IDEA, the Secretary may, without
                                                    academic content standards, (2) State                   February 2nd, 2016, letter to Chief State             regard to rulemaking, fund activities
                                                    and districtwide assessment data are                    School Officers available at: http://                 under the Technical Assistance and
                                                    more frequently used to make                            www2.ed.gov/admins/lead/account/saa/                  Dissemination to Improve Services and
                                                    educational decisions for these students,               16-0002signedcsso222016ltr.pdf.)                      Results for Children with Disabilities
                                                    and (3) participating in State and                         These and other complex challenges                 program. Therefore, we are not
                                                    districtwide assessments and being                      will continue to arise in this dynamic                proposing that priority in this notice.
                                                    included in accountability systems may                  landscape as States adopt college- and                However, because we plan to use the
                                                    have positive effects on educational                    career-ready academic content                         additional priority to support the
                                                    results for students with disabilities                  standards and develop new, valid, more                Center, in connection with the priority
                                                    (Aron & Loprest, 2012; Courtade,                        instructionally useful and inclusive                  under the Technical Assistance on State
                                                    Spooner, & Browder, 2012; Kurz, Elliott,                assessments aligned to these standards.               Data Collection program and
                                                    Lemons, Zigmond, Kloo, & Kettler,                          Developing these new assessments                   requirements we propose in this notice,
                                                    2014). However, teachers cannot simply                  has been challenging and time-                        we believe comments on the priority
                                                    wait until the results of State and                     consuming, and States must continue to                and requirements proposed in this
                                                    districtwide assessments are made                       ensure that all students with disabilities            notice may be informed by including
                                                    available to make educational decisions.                can fully participate in State and
                                                    In addition to analyzing results from                   districtwide assessments. States and                    2 In accordance with section 616(b) of the IDEA,

                                                    State (typically summative)                             LEAs will also need support in                        States must have in place a performance plan that
                                                    assessments, formative assessments are                  identifying and implementing evidence-                evaluates the State’s efforts to implement the
                                                    increasingly being used before, during,                 based practices for effectively including             requirements and purposes of Part B of the IDEA
                                                                                                                                                                  and describes how the State will improve such
                                                    and after instruction to help teachers                  children with disabilities in State and               implementation. As part of the SPP/APR, each State
                                                    understand their students’ learning and                 districtwide assessments. Moreover,                   shall establish measurable and rigorous targets for
                                                    improve their own instructional                         evidence-based methods for analyzing                  each indicator established by the Secretary. In the
                                                    practices (Conderman & Hedin, 2012).                    and effectively using State and                       Results Driven Accountability System, OSERS
                                                                                                                                                                  required States under Indicator 17 to develop a
                                                       Despite the progress State educational               districtwide assessment data to improve               State Systemic Improvement Plan (SSIP) as part of
                                                    agencies (SEAs) and local educational                   instruction and accountability for                    their FFY 2013 through FFY 2018 IDEA Part B
                                                    agencies (LEAs) have made in including                  students with disabilities will continue
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                                                                                                                                                                  SPPs/APRs. The SSIP must include: (1) FFY 2013
                                                    students with disabilities in assessments               to need further development and                       baseline data expressed as a percentage and aligned
                                                                                                                                                                  with the State-identified Measurable Result(s)
                                                    and accountability systems, SEAs and                    refinement.                                           (SIMR) for children with disabilities; (2) measurable
                                                    LEAs continue to face challenges. These                    Accordingly, we propose a priority in              and rigorous targets (expressed as a percentage) for
                                                    challenges include integrating data from                this notice that will be utilized in a                each of the five years for FFY 2014 through FFY
                                                    dissimilar tests (e.g., general,                        competition to fund a Center to support               2018, with the FFY 2018 target reflecting
                                                                                                                                                                  improvement over the FFY 2013 baseline data; and
                                                    accommodated, and alternate) into a                     SEAs and LEAs in analyzing and                        (3) a plan that includes an explanation of how the
                                                    single accountability system, developing                effectively using assessment data to                  improvement strategies were selected and will lead
                                                    consistent SEA and LEA policies on                      improve results for children with                     to measurable improvement in the SIMR.



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                                                                          Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Proposed Rules                                           15493

                                                    relevant portions of the text of this                   data to evaluate and improve                          of SEAs and LEAs to analyze and use
                                                    additional priority. An abbreviated                     educational policy, inform instructional              State and districtwide assessment data
                                                    version of that additional priority is                  programs and improve instruction for                  in instructional decision-making to
                                                    included in Appendix 1 to this notice.                  students with disabilities; and                       improve teaching and learning for
                                                    The complete priority will be issued at                    (b) Increased capacity of SEA                      students with disabilities;
                                                    a later date.                                           personnel to provide TA to LEAs in the                   (ii) Demonstrate knowledge of current
                                                       The priority we are proposing in this                analysis and use of State and                         educational issues and policy initiatives
                                                    notice is:                                              districtwide assessment data to improve               about analyzing and using assessment
                                                       Proposed Priority: Technical                         instruction of students with disabilities             data in instructional decision-making to
                                                    Assistance to States on the Analysis and                and better achieve the SIMR.                          improve teaching and learning for
                                                    Use of Assessment Data To Support                          Types of Priorities:                               students with disabilities; and
                                                    Achievement of the State Identified                        When inviting applications for a                      (iii) Describe the level at which SEAs
                                                    Measurable Result(s).                                   competition using one or more                         and LEAs currently analyze and use
                                                       The purpose of the priority we are                   priorities, we designate the type of each             State and districtwide assessment data
                                                    proposing in this notice is to assist                   priority as absolute, competitive                     in instructional decision-making to
                                                    States in analyzing and using                           preference, or invitational through a                 improve teaching and learning for
                                                    assessment data to support the                          notice in the Federal Register. The                   students with disabilities.
                                                    achievement of the SIMR as described                    effect of each type of priority follows:                 (2) Improve the analysis and use of
                                                    in their SSIP. [This proposed priority is                  Absolute priority: Under an absolute               assessment data to improve teaching
                                                    authorized under sections 611(c) and                    priority, we consider only applications               and learning for students with
                                                    616(i) of the IDEA (20 U.S.C. 1411(c)                   that meet the priority (34 CFR                        disabilities.
                                                    and 1416(i)).]                                          75.105(c)(3)).
                                                       As detailed earlier in the background                                                                         (b) Demonstrate, in the narrative
                                                                                                               Competitive preference priority:                   section of the application under
                                                    section, research indicates that SEAs                   Under a competitive preference priority,
                                                    and LEAs continue to face challenges in                                                                       ‘‘Quality of the Project Services,’’ how
                                                                                                            we give competitive preference to an                  the proposed project will—
                                                    analyzing and using assessment data to                  application by (1) awarding additional
                                                    improve instruction and accountability                                                                           (1) Ensure equal access and treatment
                                                                                                            points, depending on the extent to                    for members of groups that have
                                                    for students with disabilities. SEAs also               which the application meets the priority
                                                    need assistance analyzing State                                                                               traditionally been underrepresented
                                                                                                            (34 CFR 75.105(c)(2)(i)); or (2) selecting            based on race, color, national origin,
                                                    assessment data to better achieve their                 an application that meets the priority
                                                    SIMRs. Beginning in FFY 2013, States                                                                          gender, age, or disability. To meet this
                                                                                                            over an application of comparable merit               requirement, the applicant must
                                                    were required to provide, as part of                    that does not meet the priority (34 CFR
                                                    Phase I of the SSIP, a statement of the                                                                       describe how it will—
                                                                                                            75.105(c)(2)(ii)).                                       (i) Identify the needs of the intended
                                                    result(s) the State intends to achieve                     Invitational priority: Under an
                                                    through implementation of the SSIP,                                                                           recipients for technical assistance (TA)
                                                                                                            invitational priority, we are particularly            and information; and
                                                    which is referred to as the SIMR for                    interested in applications that meet the
                                                    children with disabilities. The State                                                                            (ii) Ensure that products and services
                                                                                                            priority. However, we do not give an                  meet the needs of the intended
                                                    must establish ‘‘measurable and                         application that meets the priority a
                                                    rigorous’’ targets for each successive                                                                        recipients (e.g., by creating materials in
                                                                                                            preference over other applications (34                formats and languages accessible to the
                                                    year of the SPP/APR (FFYs 2014                          CFR 75.105(c)(1)).
                                                    through 2018). The end target (for FFY                                                                        stakeholders served by the intended
                                                    2018) must demonstrate improvement                      Proposed Requirements                                 recipients);
                                                    over the FFY 2013 baseline data. At                        Background:                                           (2) Achieve its goals, objectives, and
                                                    least 42 States have focused their IDEA                    In addition to the programmatic                    intended outcomes. To meet this
                                                    Part B SIMR on improving academic                       requirements contained in the proposed                requirement, the applicant must
                                                    achievement as measured by assessment                   priority in this notice and the additional            provide—
                                                    results for children with disabilities.                 priority included in Appendix 1, to be                   (i) Measurable intended project
                                                    These States will need assistance in                    considered for funding applicants must                outcomes; and
                                                    analyzing and using State assessment                    meet the following requirements.                         (ii) The logic model (see paragraph
                                                    data to promote academic achievement                       Proposed Requirements:                             (f)(1)) by which the proposed project
                                                    and to improve results for children with                   The Assistant Secretary proposes the               will achieve its intended outcomes;
                                                    disabilities.                                           following requirements for this program.                 (3) Use a conceptual framework to
                                                       Proposed Priority:                                   We may apply these requirements in                    develop project plans and activities,
                                                       The purpose of this priority is to (1)               any year in which this program is in                  describing any underlying concepts,
                                                    assist States in analyzing and using                    effect.                                               assumptions, expectations, beliefs, or
                                                    assessment data to better achieve the                      Applications that:                                 theories, as well as the presumed
                                                    SIMR as described in their IDEA Part B                     (a) Demonstrate, in the narrative                  relationships or linkages among these
                                                    SSIPs, and (2) assist State efforts to                  section of the application under                      variables, and any empirical support for
                                                    provide technical assistance (TA) to                    ‘‘Significance of the Project,’’ how the              this framework;
                                                    LEAs in analyzing and using State and                   proposed project will—                                   (4) Be based on current research and
                                                    districtwide assessment data to better                     (1) Address the needs of SEAs and                  make use of evidence-based practices.
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                                                    achieve the SIMR, as appropriate. The                   LEAs to analyze and use State and                     To meet this requirement, the applicant
                                                    Center must achieve, at a minimum, the                  districtwide assessment data in                       must describe—
                                                    following expected outcomes:                            instructional decision-making to                         (i) The current research on the
                                                       (a) Increased capacity of SEA                        improve teaching and learning for                     effectiveness of analyzing and using
                                                    personnel to analyze and use                            students with disabilities. To meet this              assessment data in instructional
                                                    assessment data to better achieve the                   requirement the applicant must—                       decision-making to improve teaching
                                                    SIMR described in the IDEA Part B                          (i) Present applicable national, State,            and learning for students with
                                                    SSIP, including the uses of assessment                  and local data demonstrating the needs                disabilities; and


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                                                    15494                  Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Proposed Rules

                                                      (ii) How the proposed project will                       (B) Its proposed approach to measure               Improve Project Performance (CIPP),6
                                                    incorporate current evidence-based                       the readiness of SEA and LEA personnel               the project director, and the OSEP
                                                    practices in the development and                         to work with the project, including their            project officer on the following tasks:
                                                    delivery of its products and services;                   commitment to the initiative, alignment                 (i) Revise, as needed, the logic model
                                                      (5) Develop products and provide                       of the initiative to their needs, current            (see paragraph (f)(1) this priority)
                                                    services that are of high quality and                    infrastructure, available resources, and             submitted in the grant application to
                                                    sufficient intensity and duration to                     ability to build capacity at the SEA and             provide for a more comprehensive
                                                    achieve the intended outcomes of the                     LEA levels;                                          measurement of implementation and
                                                    proposed project. To address this                          (C) Its proposed plan for assisting                outcomes and to reflect any changes or
                                                    requirement, the applicant must                          SEAs (and LEAs, in conjunction with                  clarifications to the model discussed at
                                                    describe—                                                SEAs) to build training systems that                 the kick-off meeting;
                                                      (i) How it proposes to identify or                     include professional development based                  (ii) Refine the evaluation design and
                                                    develop the knowledge base on                            on adult learning principles and                     instrumentation proposed in the
                                                    analyzing and using assessment data in                   coaching; and                                        application consistent with the logic
                                                    instructional decision-making to                           (D) Its proposed plan for working with             model (e.g., preparing evaluation
                                                    improve teaching and learning for                        appropriate levels of the education                  questions about significant program
                                                    students with disabilities;                              system (e.g., SEAs, regional TA                      processes and outcomes; developing
                                                      (ii) Its proposed approach to                          providers, LEAs, schools, and families)              quantitative or qualitative data
                                                    universal, general TA,3 which must                       to ensure that there is communication                collections that permit both the
                                                    identify the intended recipients of the                  between each level and that there are                collection of progress data, including
                                                    products and services under this                         systems in place to support the                      fidelity of implementation, as
                                                    approach;                                                collection, analysis and use of                      appropriate, and progress toward
                                                      (iii) Its proposed approach to targeted,               assessment data in instructional                     achieving intended outcomes; selecting
                                                    specialized TA,4 which must identify—                    decision-making to improve teaching                  respondent samples if appropriate;
                                                      (A) The intended recipients of the                     and learning for students with
                                                    products and services under this                                                                              designing instruments or identifying
                                                                                                             disabilities;                                        data sources; and identifying analytic
                                                    approach; and                                              (E) Its proposed plan for collaborating
                                                      (B) Its proposed approach to measure                                                                        strategies); and
                                                                                                             and coordinating with Department of                     (iii) Revise, as needed, the evaluation
                                                    the readiness of potential TA recipients
                                                                                                             Education funded TA investments and                  plan submitted in the grant application
                                                    to work with the project, assessing, at a
                                                                                                             IES research and development                         such that it clearly—
                                                    minimum, their current infrastructure,
                                                                                                             investments, where appropriate, in                      (A) Specifies the measures and
                                                    available resources, and ability to build
                                                                                                             order to align complementary work and                associated instruments or sources for
                                                    capacity at the local level; and
                                                      (iv) Its proposed approach to                          jointly develop and implement products               data appropriate to the evaluation
                                                    intensive, sustained TA,5 which must                     and services to meet the purposes of this            questions, suggests analytic strategies
                                                    identify—                                                priority;                                            for those data, provides a timeline for
                                                      (A) The intended recipients of the                       (6) Develop products and implement                 conducting the evaluation, and includes
                                                    products and services under this                         services that maximize efficiency. To                staff assignments for completion of the
                                                    approach;                                                address this requirement, the applicant              plan;
                                                                                                             must describe—                                          (B) Delineates the data expected to be
                                                       3 ‘‘Universal, general TA’’ means TA and                (i) How the proposed project will use              available by the end of the second
                                                    information provided to independent users through        technology to achieve the intended                   project year for use during the project’s
                                                    their own initiative, resulting in minimal               project outcomes;                                    intensive review for continued funding
                                                    interaction with TA center staff and including one-        (ii) With whom the proposed project                described under the heading Fourth and
                                                    time, invited or offered conference presentations by     will collaborate and the intended
                                                    TA center staff. This category of TA also includes                                                            Fifth Years of the Project; and
                                                    information or products, such as newsletters,            outcomes of this collaboration; and                     (C) Can be used to assist the project
                                                    guidebooks, or research syntheses, downloaded              (iii) How the proposed project will                director and the OSEP project officer,
                                                    from the TA center’s Web site by independent             use non-project resources to achieve the             with the assistance of CIPP as needed,
                                                    users. Brief communications by TA center staff with      intended project outcomes.
                                                    recipients, either by telephone or email, are also                                                            to specify the performance measures to
                                                                                                               (c) In the narrative section of the
                                                    considered universal, general TA.                                                                             be addressed in the project’s Annual
                                                       4 ‘‘Targeted, specialized TA’’ means TA services      application, under ‘‘Quality of the
                                                                                                                                                                  Performance Report;
                                                    based on needs common to multiple recipients and         Evaluation Plan,’’ include an evaluation
                                                                                                                                                                     (2) Cooperate with CIPP staff in order
                                                    not extensively individualized. A relationship is        plan for the project as described in the
                                                    established between the TA recipient and one or                                                               to accomplish the tasks described in
                                                                                                             following paragraphs. The evaluation
                                                    more TA center staff. This category of TA includes                                                            paragraph (c)(1) of this section; and
                                                    one-time, labor-intensive events, such as facilitating   plan must describe measures of progress
                                                                                                                                                                     (3) Dedicate sufficient funds in each
                                                    strategic planning or hosting regional or national       in implementation, including the extent
                                                                                                                                                                  budget year to cover the costs of
                                                    conferences. It can also include episodic, less labor-   to which the project’s products and
                                                    intensive events that extend over a period of time,                                                           carrying out the tasks described in
                                                                                                             services have reached its target
                                                    such as facilitating a series of conference calls on
                                                    single or multiple topics that are designed around       population, and measures of intended                   6 The major tasks of CIPP are to guide, coordinate,
                                                    the needs of the recipients. Facilitating                outcomes or results to assess the                    and oversee the design of formative evaluations for
                                                    communities of practice can also be considered           project’s progress toward achieving                  every large discretionary investment (i.e., those
                                                    targeted, specialized TA.
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                                                                                                             intended outcomes.                                   awarded $500,000 or more per year and required to
                                                       5 ‘‘Intensive, sustained TA’’ means TA services                                                            participate in the 3+2 process) in OSEP’s Technical
                                                                                                               In designing the evaluation plan, the
                                                    often provided on-site and requiring a stable,                                                                Assistance and Dissemination; Personnel
                                                    ongoing relationship between the TA center staff         project must—                                        Development; Parent Training and Information
                                                    and the TA recipient. ‘‘TA services’’ are defined as       (1) Designate, with the approval of the            Centers; and Educational Technology, Media, and
                                                    negotiated series of activities designed to reach a      OSEP project officer, a project liaison              Materials programs. The efforts of CIPP are
                                                    valued outcome. This category of TA should result        staff person with sufficient dedicated               expected to enhance individual project evaluation
                                                    in changes to policy, program, practice, or                                                                   plans by providing expert and unbiased technical
                                                    operations that support increased recipient capacity
                                                                                                             time, experience in evaluation, and                  assistance in designing the evaluations with due
                                                    or improved outcomes at one or more systems              knowledge of the project to work in                  consideration of the project’s budget. CIPP does not
                                                    levels.                                                  collaboration with the Center to                     function as a third-party evaluator.



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                                                                          Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Proposed Rules                                               15495

                                                    paragraphs (c)(1) and (c)(2) of this                      Note: The following Web sites provide                  (c) The quality, relevance, and
                                                    section and implementing the                            more information on logic models:                     usefulness of the project’s products and
                                                    evaluation plan.                                        www.researchutilization.org/matrix/                   services and the extent to which the
                                                                                                            logicmodel_resource3c.html and
                                                       (d) Demonstrate, in the narrative                                                                          project’s products and services are
                                                                                                            www.osepideasthatwork.org/logicModel/
                                                    section of the application under                        index.asp.                                            aligned with the project’s objectives and
                                                    ‘‘Adequacy of Project Resources,’’                                                                            likely to result in the project achieving
                                                    how—                                                       (2) Include, in Appendix A, a                      its intended outcomes.
                                                       (1) The proposed project will                        conceptual framework for the project;                    References:
                                                                                                               (3) Include, in Appendix A, person-
                                                    encourage applications for employment                                                                         Aron, L., & Loprest, P. (2012). Disability and
                                                                                                            loading charts and timelines, as
                                                    from persons who are members of                                                                                   the education system. The Future of
                                                                                                            applicable, to illustrate the management
                                                    groups that have traditionally been                                                                               Children, 22(1), 97–122.
                                                                                                            plan described in the narrative;                      Conderman, G., & Hedin, L. (2012).
                                                    underrepresented based on race, color,
                                                                                                               (4) Include, in the budget, attendance                 Classroom assessments that inform
                                                    national origin, gender, age, or
                                                                                                            at the following:                                         instruction. Kappa Delta Pi Record,
                                                    disability, as appropriate;                                (i) A one and one-half day kick-off                    48(4), 162–168.
                                                       (2) The proposed key project                         meeting in Washington, DC, after receipt              Courtade, G., Spooner, F., Browder, D., &
                                                    personnel, consultants, and                             of the award, and an annual planning                      Jimenez, B. (2012). Seven reasons to
                                                    subcontractors have the qualifications                  meeting in Washington, DC, with the                       promote standards-based instruction for
                                                    and experience to carry out the                         OSEP project officer and other relevant                   students with severe disabilities: A reply
                                                    proposed activities and achieve the                     staff during each subsequent year of the                  to Ayres, Lowrey, Douglas, & Sievers
                                                    project’s intended outcomes;                            project period;                                           (2011). Education and Training in
                                                       (3) The applicant and any key                                                                                  Autism and Developmental Disabilities,
                                                    partners have adequate resources to                       Note: Within 30 days of receipt of the                  47(1), 3–13.
                                                                                                            award, a post-award teleconference must be            Kurz, A., Elliott, S., Lemons, C., Zigmond, N.,
                                                    carry out the proposed activities; and                  held between the OSEP project officer and                 Kloo, A., & Kettler, R. (2014). Assessing
                                                       (4) The proposed costs are reasonable                the grantee’s project director or other                   opportunity-to-learn for students with
                                                    in relation to the anticipated results and              authorized representative.                                disabilities in general and special
                                                    benefits.                                                                                                         education classes. Assessment for
                                                                                                              (ii) A two and one-half day project
                                                       (e) Demonstrate, in the narrative                                                                              Effective Intervention, 40(1), 24–39.
                                                                                                            directors’ meeting in Washington, DC,
                                                    section of the application under                                                                              Lane, S., & Leventhal, B. (2015).
                                                                                                            during each year of the project period;
                                                    ‘‘Quality of the Management Plan,’’                       (iii) Three trips annually to attend
                                                                                                                                                                      Psychometric challenges in assessing
                                                    how—                                                                                                              English language learners with
                                                                                                            Department briefings, Department-                         disabilities. Review of Research in
                                                       (1) The proposed management plan                     sponsored conferences, and other
                                                    will ensure that the project’s intended                                                                           Education, 39, 165–214.
                                                                                                            meetings, as requested by OSEP; and                   Miller, C.L. (2010). Accountability policy
                                                    outcomes will be achieved on time and                     (iv) A one-day intensive 3+2 review                     implementation and the case of smaller
                                                    within budget. To address this                          meeting in Washington, DC, during the                     school district capacity: Three
                                                    requirement, the applicant must                         last half of the second year of the project               contrasting cases that examine the flow
                                                    describe—                                               period;                                                   and use of NCLB accountability data.
                                                       (i) Clearly defined responsibilities for               (5) Include, in the budget, a line item                 Leadership and Policy in Schools, 9(4),
                                                    key project personnel, consultants, and                 for an annual set-aside of five percent of                384–420.
                                                    subcontractors, as applicable; and                      the grant amount to support emerging                  U.S. Department of Education. (2014).
                                                       (ii) Timelines and milestones for                                                                              Questions and Answers Regarding
                                                                                                            needs that are consistent with the                        Inclusion of English Learners with
                                                    accomplishing the project tasks;                        proposed project’s intended outcomes,                     Disabilities in English Language
                                                       (2) Key project personnel and any                    as those needs are identified in                          Proficiency Assessments and Title III
                                                    consultants and subcontractors will be                  consultation with OSEP.                                   Annual Measurable Achievement
                                                    allocated to the project and how these                                                                            Objectives. Retrieved from: http://
                                                                                                              Note: With approval from the OSEP project
                                                    allocations are appropriate and adequate                officer, the project must reallocate any                  www2.ed.gov/programs/sfgp/
                                                    to achieve the project’s intended                       remaining funds from this annual set-aside                elswdfaq7182014.doc.
                                                    outcomes;                                               no later than the end of the third quarter of         Final Priority and Requirements
                                                       (3) The proposed management plan                     each budget period; and
                                                    will ensure that the products and                                                                                We will announce the final priority
                                                                                                               (6) Maintain a Web site that meets
                                                    services provided are of high quality;                                                                        and requirements in a notice in the
                                                                                                            government or industry-recognized
                                                    and                                                                                                           Federal Register. We will determine the
                                                                                                            standards for accessibility.
                                                       (4) The proposed project will benefit                   Fourth and Fifth Years of the Project:             final priority and requirements after
                                                    from a diversity of perspectives,                          In deciding whether to continue                    considering responses to this notice and
                                                    including those of families, educators,                 funding the project for the fourth and                other information available to the
                                                    TA providers, researchers, and policy                   fifth years, the Secretary will consider              Department. This notice does not
                                                    makers, among others, in its                            the requirements of 34 CFR 75.253(a), as              preclude us from proposing additional
                                                    development and operation.                              well as—                                              priorities or requirements subject to
                                                       (f) Address the following application                   (a) The recommendation of a review                 meeting applicable rulemaking
                                                    requirements. The applicant must—                       team consisting of experts selected by                requirements.
                                                       (1) Include, in Appendix A, a logic                  the Secretary. This review will be
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                                                                                                                                                                    Note: This notice does not solicit
                                                    model that depicts, at a minimum, the                   conducted during a one-day intensive                  applications. In any year in which we choose
                                                    goals, activities, outputs, and intended                meeting that will be held during the last             to use this proposed priority and one or more
                                                    outcomes of the proposed project. A                     half of the second year of the project                of these requirements, we invite applications
                                                    logic model communicates how a                          period;                                               through a notice in the Federal Register.
                                                    project will achieve its intended                          (b) The timeliness and effectiveness                 Executive Orders 12866 and 13563:
                                                    outcomes and provides a framework for                   with which all requirements of the                      Under Executive Order 12866, the
                                                    both the formative and summative                        negotiated cooperative agreement have                 Secretary must determine whether this
                                                    evaluations of the project.                             been or are being met by the project; and             regulatory action is ‘‘significant’’ and,


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                                                    15496                 Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Proposed Rules

                                                    therefore, subject to the requirements of                  Executive Order 13563 also requires                published in the Federal Register, in
                                                    the Executive order and subject to                      an agency ‘‘to use the best available                 text or Adobe Portable Document
                                                    review by OMB. Section 3(f) of                          techniques to quantify anticipated                    Format (PDF). To use PDF you must
                                                    Executive Order 12866 defines a                         present and future benefits and costs as              have Adobe Acrobat Reader, which is
                                                    ‘‘significant regulatory action’’ as an                 accurately as possible.’’ The Office of               available free at the site.
                                                    action likely to result in a rule that                  Information and Regulatory Affairs of                   You may also access documents of the
                                                    may—                                                    OMB has emphasized that these                         Department published in the Federal
                                                       (1) Have an annual effect on the                     techniques may include ‘‘identifying                  Register by using the article search
                                                    economy of $100 million or more, or                     changing future compliance costs that                 feature at: www.federalregister.gov.
                                                    adversely affect a sector of the economy,               might result from technological                       Specifically, through the advanced
                                                    productivity, competition, jobs, the                    innovation or anticipated behavioral                  search feature at this site, you can limit
                                                    environment, public health or safety, or                changes.’’                                            your search to documents published by
                                                    State, local or Tribal governments or                      We are issuing this proposed priority              the Department.
                                                    communities in a material way (also                     and these proposed requirements only                    Dated: March 16, 2016.
                                                    referred to as an ‘‘economically                        on a reasoned determination that their
                                                                                                                                                                  Michael K. Yudin,
                                                    significant’’ rule);                                    benefits justify their costs. In choosing
                                                                                                                                                                  Assistant Secretary for Special Education and
                                                       (2) Create serious inconsistency or                  among alternative regulatory
                                                                                                                                                                  Rehabilitative Services.
                                                    otherwise interfere with an action taken                approaches, we selected those
                                                    or planned by another agency;                           approaches that maximize net benefits.                Appendix 1
                                                       (3) Materially alter the budgetary                   Based on the analysis that follows, the                 Technical Assistance and Dissemination to
                                                    impacts of entitlement grants, user fees,               Department believes that this regulatory              Improve Services and Results for Children
                                                    or loan programs or the rights and                      action is consistent with the principles              With Disabilities—National Technical
                                                    obligations of recipients thereof; or                   in Executive Order 13563.                             Assistance Center to Increase the
                                                       (4) Raise novel legal or policy issues                  We have also determined that this                  Participation and Improve the Performance
                                                    arising out of legal mandates, the                      regulatory action does not unduly                     of Students With Disabilities on State and
                                                    President’s priorities, or the principles               interfere with State, local, and tribal               Districtwide Assessments.
                                                    stated in the Executive order.                          governments in the exercise of their                    The purpose of this priority is to fund a
                                                       This proposed regulatory action is not               governmental functions.                               cooperative agreement to establish and
                                                                                                               In accordance with both Executive                  operate a National Technical Assistance
                                                    a significant regulatory action subject to                                                                    Center to Increase the Participation and
                                                    review by OMB under section 3(f) of                     orders, the Department has assessed the               Improve the Performance of Students with
                                                    Executive Order 12866.                                  potential costs and benefits, both                    Disabilities on State and Districtwide
                                                       We have also reviewed this proposed                  quantitative and qualitative, of this                 Assessments (Center). The Center must
                                                    regulatory action under Executive Order                 regulatory action. The potential costs                achieve, at a minimum, the following
                                                    13563, which supplements and                            are those resulting from statutory                    expected outcomes to support SEAs and
                                                    explicitly reaffirms the principles,                    requirements and those we have                        LEAs in the implementation of appropriate,
                                                    structures, and definitions governing                   determined as necessary for                           high-quality assessments for students with
                                                    regulatory review established in                        administering the Department’s                        disabilities:
                                                                                                                                                                    Knowledge Development Outcomes.
                                                    Executive Order 12866. To the extent                    programs and activities.                                (a) Increased body of knowledge on
                                                    permitted by law, Executive Order                          Intergovernmental Review: This                     evidence-based practices to collect, analyze,
                                                    13563 requires that an agency—                          program is subject to Executive Order                 synthesize, and disseminate relevant
                                                       (1) Propose or adopt regulations only                12372 and the regulations in 34 CFR                   information about State and districtwide
                                                    upon a reasoned determination that                      part 79. One of the objectives of the                 assessment of students with disabilities,
                                                    their benefits justify their costs                      Executive order is to foster an                       including topics such as—
                                                    (recognizing that some benefits and                     intergovernmental partnership and a                     (1) Including students with disabilities in
                                                    costs are difficult to quantify);                       strengthened federalism. The Executive                accountability systems;
                                                       (2) Tailor its regulations to impose the             order relies on processes developed by                  (2) Assessment accommodations;
                                                                                                                                                                    (3) Alternate assessments;
                                                    least burden on society, consistent with                State and local governments for                         (4) Universal design of assessments;
                                                    obtaining regulatory objectives and                     coordination and review of proposed                     (5) Technology-based assessments;
                                                    taking into account—among other things                  Federal financial assistance.                           (6) Formative assessments;
                                                    and to the extent practicable—the costs                    This document provides early                         (8) Competency-based assessments;
                                                    of cumulative regulations;                              notification of our specific plans and                  (7) Methods for analyzing and reporting
                                                       (3) In choosing among alternative                    actions for this program.                             assessment data;
                                                    regulatory approaches, select those                        Accessible Format: Individuals with                  (8) Application of growth models in
                                                    approaches that maximize net benefits                   disabilities can obtain this document in              assessment programs;
                                                    (including potential economic,                          an accessible format (e.g., braille, large              (9) Uses of formative and summative
                                                                                                                                                                  assessment data to inform instructional
                                                    environmental, public health and safety,                print, audiotape, or compact disc) on
                                                                                                                                                                  programs for students with disabilities;
                                                    and other advantages; distributive                      request to the contact person listed                    (10) Assessing English Learners (ELs) with
                                                    impacts; and equity);                                   under FOR FURTHER INFORMATION                         disabilities, including ensuring that all ELs
                                                       (4) To the extent feasible, specify                  CONTACT.                                              with disabilities receive appropriate
                                                    performance objectives, rather than the                    Electronic Access to This Document:                accommodations, as needed, on English
                                                    behavior or manner of compliance a                      The official version of this document is              Language Proficiency (ELP) assessments and
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                                                    regulated entity must adopt; and                        the document published in the Federal                 that the results of ELP assessments for
                                                       (5) Identify and assess available                    Register. Free Internet access to the                 students with disabilities are validly used in
                                                    alternatives to direct regulation,                      official edition of the Federal Register              making accountability determinations under
                                                                                                                                                                  the Elementary and Secondary Education Act
                                                    including economic incentives—such as                   and the Code of Federal Regulations is                of 1965, as amended (ESEA); and
                                                    user fees or marketable permits—to                      available via the Federal Digital System                (11) Ensuring that assessments are fair, are
                                                    encourage the desired behavior, or                      at: www.gpo.gov/fdsys. At this site you               of high quality, take up the minimum
                                                    provide information that enables the                    can view this document, as well as all                necessary time, provide the same educational
                                                    public to make choices.                                 other documents of this Department                    benefits for all test takers, and reflect the



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                                                                          Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Proposed Rules                                                 15497

                                                    expectation that students will be prepared for          paragraph (a) of the Knowledge Development            FOR FURTHER INFORMATION CONTACT:
                                                    success in college and careers.                         Outcomes section of this priority.                    Laurie Amaro, 75 Hawthorne Street, San
                                                       Note: In order to meet the requirements of           [FR Doc. 2016–06441 Filed 3–22–16; 8:45 am]           Francisco, CA 94105, amaro.laurie@
                                                    paragraph (a), the Center will conduct a                BILLING CODE 4000–01–P                                epa.gov, 415–972–3364.
                                                    comprehensive review of existing research on
                                                    evidence-based practices available from a                                                                     SUPPLEMENTARY INFORMATION:      Along
                                                    variety of reliable sources, such as findings                                                                 with this proposed rule, EPA is
                                                    from research funded by the Institute of
                                                                                                            ENVIRONMENTAL PROTECTION                              publishing a direct final rule in the
                                                    Education Sciences (IES), including the                 AGENCY                                                ‘‘Rules and Regulations’’ section of
                                                    National Research and Development Center                                                                      today’s Federal Register pursuant to
                                                                                                            40 CFR Part 271
                                                    on Assessment and Accountability for                                                                          which EPA is authorizing these changes.
                                                    Special Education (NCASSE) and other                    [EPA–R09–RCRA–2015–0822; FRL–9943–                    EPA did not issue a proposed rule
                                                    federally funded and non-federally funded               96–Region 9]                                          before today because EPA believes this
                                                    sources.                                                                                                      action is not controversial and does not
                                                       (b) Increase the capacity of SEA and LEA             Nevada: Final Authorization of State
                                                                                                                                                                  expect comments that oppose it. EPA
                                                    personnel to assess and track SEA and LEA               Hazardous Waste Management
                                                                                                            Program Revisions                                     has explained the reasons for this
                                                    needs for including students with disabilities
                                                                                                                                                                  authorization in the direct final rule.
                                                    in State and districtwide assessments,
                                                                                                            AGENCY:  Environmental Protection                     Unless EPA receives written comments
                                                    including, as appropriate, improving the
                                                                                                            Agency (EPA).                                         that oppose this authorization during
                                                    skills of SEA and LEA personnel in any of
                                                    the topics listed in paragraph (a) of this              ACTION: Proposed rule.                                the comment period, the direct final
                                                    section.                                                                                                      rule in today’s Federal Register will
                                                                                                            SUMMARY:   Nevada has applied to the                  become effective on the date it
                                                       Technical Assistance and Dissemination
                                                                                                            Environmental Protection Agency (EPA)                 establishes, and EPA will not take
                                                    Outcomes.
                                                                                                            for final authorization of changes to its             further action on this proposal. If EPA
                                                       (a) Increased capacity of SEA and LEA
                                                    personnel to collect and analyze summative
                                                                                                            hazardous waste program under the                     receives comments that oppose this
                                                    assessment data, and formative assessment               Resource Conservation and Recovery                    action, EPA will withdraw the direct
                                                    data (in the case of LEA personnel), on the             Act (RCRA). These changes correspond                  final rule and it will not take effect. EPA
                                                    performance of students with disabilities.              to certain federal rules promulgated                  will then respond to public comments
                                                       (b) Increased capacity of SEA and LEA                between July 1, 2005, and June 30, 2008               in a later final rule based on this
                                                    personnel to use State and districtwide                 (also known as RCRA Clusters XVI                      proposed rule. You may not have
                                                    summative assessment data, and formative                through XVIII). With this proposed rule,              another opportunity to comment on
                                                    data from districtwide assessments (in the              EPA is proposing to grant final                       these state program changes. If you want
                                                    case of LEA personnel), to evaluate and                 authorization to Nevada for these                     to comment on this action, you must do
                                                    improve educational policies and increase               changes.                                              so at this time. For additional
                                                    accountability for students with disabilities.          DATES: Send your written comments by                  information, please see the direct final
                                                       (c) Increased capacity of LEA personnel to           May 9, 2016.                                          rule published in the ‘‘Rules and
                                                    use formative and summative assessment
                                                    results in instructional decision-making to
                                                                                                            ADDRESSES: Submit your comments,                      Regulations’’ section of today’s Federal
                                                    improve teaching and learning for students              identified by Docket ID Number EPA–                   Register.
                                                    with disabilities.                                      R09–RCRA–2015–0822 at http://                           Dated: March 9, 2016.
                                                       (d) Increased awareness about how                    www.regulations.gov or follow the
                                                                                                                                                                  Jared Blumenfeld,
                                                    students with disabilities are included in and          detailed instructions in the ADDRESSES
                                                    benefit from current and emerging                       section of the direct final rule which is             Regional Administrator, Region 9.
                                                    approaches to State and districtwide                    located in the ‘‘Rules and Regulations’’              [FR Doc. 2016–06437 Filed 3–22–16; 8:45 am]
                                                    assessment, including topics listed in                  section of today’s Federal Register.                  BILLING CODE 6560–50–P
mstockstill on DSK4VPTVN1PROD with PROPOSALS




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Document Created: 2016-03-23 00:04:07
Document Modified: 2016-03-23 00:04:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed priority and requirements.
DatesWe must receive your comments on or before June 6, 2016.
ContactDavid Egnor. Telephone: (202) 245-7334 or by email: [email protected]
FR Citation81 FR 15491 

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