81 FR 47296 - Final Priority and Requirements-Technical Assistance on State Data Collection Program-Targeted and Intensive Technical Assistance to States on the Analysis and Use of Formative and Summative Assessment Data To Support Implementation of States' Identified Measurable Result(s)

DEPARTMENT OF EDUCATION

Federal Register Volume 81, Issue 140 (July 21, 2016)

Page Range		47296-47300
FR Document		2016-17323
The Assistant Secretary for Special Education and Rehabilitative Services announces a priority and requirements under the Technical Assistance on State Data Collection program. The Assistant Secretary may use this priority 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 also English Learners (ELs).
Federal Register, Volume 81 Issue 140 (Thursday, July 21, 2016)
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Rules and Regulations]
[Pages 47296-47300]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17323]



[[Page 47296]]

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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[ED-2016-OSERS-0024; CFDA Number: 84.373A.]


Final Priority and Requirements--Technical Assistance on State 
Data Collection Program--Targeted and Intensive Technical Assistance to 
States on the Analysis and Use of Formative and Summative Assessment 
Data To Support Implementation of States' Identified Measurable 
Result(s)

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

ACTION: Final priority and requirements.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services announces a priority and requirements under the 
Technical Assistance on State Data Collection program. The Assistant 
Secretary may use this priority 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 also English Learners (ELs).

DATES: This priority and these requirements are effective August 22, 
2016.

FOR FURTHER INFORMATION CONTACT: David Egnor, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5163, Potomac Center Plaza, 
Washington, DC 20202-5076. 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:
    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 this 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.
    We published a notice of proposed priority and requirements for 
this program in the Federal Register on March 23, 2016 (81 FR 15491). 
That notice contained background information and our reasons for 
proposing the particular priority and requirements.
    Public Comment: In response to our invitation in the notice of 
proposed priority and requirements, we did not receive any comments on 
the proposed priority and requirements. However, as a result of our 
further review of the proposed priority and requirements since 
publication of the notice of proposed priority and requirements, we 
have made changes as follows:
    Analysis of Comments and Changes:
    Comment: None.
    Discussion: As a result of our further review, we realized that a 
few items in the priority could benefit from further clarification. 
First, we have changed the title of the priority to be more 
descriptive. Second, we clarified that references to ``assessment'' in 
the priority include both formative and summative assessments. Third, 
to clarify how we intend for applicants to address logic models, we 
deleted some references to ``logic model'' and instead included a note 
directing the reader to additional information on the meaning of the 
term.
    Changes: We have changed the title of the priority to: ``Targeted 
and Intensive Technical Assistance to States on the Analysis and Use of 
Formative and Summative Assessment Data to Support Implementation of 
States' Identified Measurable Result(s).'' We have modified, as 
appropriate, references to assessment describing ``formative and 
summative'' assessments, deleted references to ``logic model'' and 
inserted a note directing the reader to additional information on the 
meaning of the term, and made other technical changes.
    FINAL PRIORITY: Targeted and Intensive Technical Assistance to 
States on the Analysis and Use of Formative and Summative Assessment 
Data to Support Implementation of States' Identified Measurable 
Result(s).
    Priority: The purpose of this priority is to (1) assist States in 
analyzing and using assessment data to better achieve the States' 
Identified Measurable Result(s) (SIMR) as described in their IDEA Part 
B State Systemic Improvement Plans (SSIPs), and (2) assist State 
efforts to provide technical assistance (TA) to local educational 
agencies (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 State educational agency (SEA) personnel 
to analyze and use assessment data to better achieve the SIMR described 
in the IDEA Part B SSIP, including using 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)).
    FINAL REQUIREMENTS: The Assistant Secretary establishes the 
following requirements for this program. We may apply these 
requirements in any year in which this program is in effect.
    Requirements: Applications that:

[[Page 47297]]

    (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 formative 
and summative 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 formative 
and summative 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 related to analyzing and using formative and summative 
assessment data in instructional decision-making to improve teaching 
and learning for students with disabilities;
    (iii) Describe the current level of implementation related to 
analyzing and using formative and summative assessment data in 
instructional decision-making to improve teaching and learning for 
students with disabilities.
    (2) Improve the analysis and use of formative and summative 
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 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 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;
    Note: While section 77.1(c) of the Education Department General 
Administrative Regulations (EDGAR) contains a definition for ``logic 
model,'' the Office of Special Education Programs (OSEP), based upon 
its experience in this area, has been using the above definition as 
standard language for the OSEP Technical Assistance and Dissemination 
(TA&D) program priorities. OSEP's definition establishes a difference 
between logic models and conceptual frameworks whereas 34 CFR 77.1(c) 
considers the model to be one and the same. The following Web sites 
provide more information on logic models: www.osepideasthatwork.org/logicModel and www.osepideasthatwork.org/resources-grantees/program-areas/ta-ta/tad-project-logic-model-and-conceptual-framework.
    (4) Be based on current research and make use of practices 
supported by evidence. To meet this requirement, the applicant must 
describe--
    (i) The current research on the effectiveness of analyzing and 
using formative and summative assessment data in instructional 
decision-making to improve teaching and learning for students with 
disabilities; and
    (ii) How the proposed project will incorporate current practices 
supported by evidence 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 formative and summative assessment data in 
instructional decision-making to improve teaching and learning for 
students with disabilities;
    (ii) Its proposed approach to universal, general TA,\1\ which must 
identify the intended recipients of the products and services under 
this approach;
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    \1\ ``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,\2\ which 
must identify--
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    \2\ ``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,\3\ which 
must identify--
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    \3\ ``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 formative and summative 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-funded TA investments and the Institute

[[Page 47298]]

of Education Sciences (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 of the 
project's activities in order to assess the effectiveness of those 
activities.
    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),\4\ the project 
director, and the OSEP project officer on the following tasks:
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    \4\ 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 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 grant 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 (1) of this section; and
    (3) Dedicate sufficient funds in each budget year to cover the 
costs of carrying out the tasks described in paragraphs (1) and (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.
    (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 a 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;

[[Page 47299]]

    (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.
    This notice does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.
    Note: This notice does not solicit applications. In any year in 
which we choose to use this priority and these requirements, we invite 
applications through a notice in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final 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 final regulatory action under Executive 
Order 13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing this final priority and 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 also have determined that this regulatory action does not unduly 
interfere with State, local, and tribal governments in the exercise of 
their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.
    The benefits of the TA projects have been well-established over the 
years in that other TA projects have been completed successfully. The 
priority announced in this notice will improve the capacity of States 
to meet the IDEA data collection and reporting requirements, including 
(1) increased capacity of SEA personnel to analyze and use assessment 
data to better achieve the SIMR described in the IDEA Part B SSIP 
through means such as the use of formative and summative assessment 
data to evaluate and improve educational policy, inform instructional 
programs and improve instruction for students with disabilities; and 
(2) 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.
    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 program 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 Portable Document Format (PDF). To use PDF you 
must have

[[Page 47300]]

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: July 18, 2016.
Sue Swenson,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2016-17323 Filed 7-20-16; 8:45 am]
BILLING CODE 4000-01-P
47296 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations

DEPARTMENT OF EDUCATION section 616 are collected, analyzed, and Priority: The purpose of this priority
accurately reported to the Secretary. It is to (1) assist States in analyzing and
34 CFR Chapter III also requires the Secretary to provide using assessment data to better achieve
[ED–2016–OSERS–0024; CFDA Number: technical assistance, where needed, to the States’ Identified Measurable
84.373A.] improve the capacity of States to meet Result(s) (SIMR) as described in their
the data collection requirements under IDEA Part B State Systemic
Final Priority and Requirements— IDEA Parts B and C, which include the Improvement Plans (SSIPs), and (2)
Technical Assistance on State Data data collection and reporting assist State efforts to provide technical
Collection Program—Targeted and requirements in sections 616 and 618 of assistance (TA) to local educational
Intensive Technical Assistance to IDEA. agencies (LEAs) in analyzing and using
States on the Analysis and Use of Program Authority: 20 U.S.C. 1411(c) State and districtwide assessment data
Formative and Summative Assessment and 1416(i). to better achieve the SIMR, as
Data To Support Implementation of Applicable Program Regulations: 34 appropriate.
States’ Identified Measurable Result(s) CFR 300.702. The Center must achieve, at a
We published a notice of proposed minimum, the following expected
AGENCY: Office of Special Education and priority and requirements for this outcomes:
Rehabilitative Services (OSERS), program in the Federal Register on (a) Increased capacity of State
Department of Education. March 23, 2016 (81 FR 15491). That educational agency (SEA) personnel to
ACTION: Final priority and requirements. notice contained background analyze and use assessment data to
information and our reasons for better achieve the SIMR described in the
SUMMARY: The Assistant Secretary for proposing the particular priority and IDEA Part B SSIP, including using
Special Education and Rehabilitative requirements. assessment data to evaluate and
Services announces a priority and Public Comment: In response to our improve educational policy, inform
requirements under the Technical invitation in the notice of proposed instructional programs, and improve
Assistance on State Data Collection priority and requirements, we did not instruction for students with
program. The Assistant Secretary may receive any comments on the proposed disabilities; and
use this priority for competitions in priority and requirements. However, as (b) Increased capacity of SEA
fiscal year (FY) 2016 and later years. We a result of our further review of the personnel to provide TA to LEAs in the
take this action to focus attention on an proposed priority and requirements analysis and use of State and
identified need to address national, since publication of the notice of districtwide assessment data to improve
State, and local assessment issues proposed priority and requirements, we instruction of students with disabilities
related to students with disabilities, have made changes as follows: and better achieve the SIMR.
including students with disabilities who Analysis of Comments and Changes: Types of Priorities:
are also English Learners (ELs). Comment: None. When inviting applications for a
DATES: This priority and these Discussion: As a result of our further competition using one or more
requirements are effective August 22, review, we realized that a few items in priorities, we designate the type of each
2016. the priority could benefit from further priority as absolute, competitive
clarification. First, we have changed the preference, or invitational through a
FOR FURTHER INFORMATION CONTACT:
title of the priority to be more notice in the Federal Register. The
David Egnor, U.S. Department of descriptive. Second, we clarified that
Education, 400 Maryland Avenue SW., effect of each type of priority follows:
references to ‘‘assessment’’ in the Absolute priority: Under an absolute
Room 5163, Potomac Center Plaza, priority include both formative and
Washington, DC 20202–5076. priority, we consider only applications
summative assessments. Third, to that meet the priority (34 CFR
Telephone: (202) 245–7334 or by email: clarify how we intend for applicants to
david.egnor@ed.gov. 75.105(c)(3)).
address logic models, we deleted some Competitive preference priority:
If you use a telecommunications
references to ‘‘logic model’’ and instead Under a competitive preference priority,
device for the deaf (TDD) or a text
included a note directing the reader to we give competitive preference to an
telephone (TTY), call the Federal Relay
additional information on the meaning application by (1) awarding additional
Service (FRS), toll free, at 1–800–877–
of the term. points, depending on the extent to
8339. Changes: We have changed the title of which the application meets the priority
SUPPLEMENTARY INFORMATION: the priority to: ‘‘Targeted and Intensive (34 CFR 75.105(c)(2)(i)); or (2) selecting
Purpose of Program: The purpose of Technical Assistance to States on the an application that meets the priority
the Technical Assistance on State Data Analysis and Use of Formative and over an application of comparable merit
Collection program is to improve the Summative Assessment Data to Support that does not meet the priority (34 CFR
capacity of States to meet the Implementation of States’ Identified 75.105(c)(2)(ii)).
Individuals with Disabilities Education Measurable Result(s).’’ We have Invitational priority: Under an
Act (IDEA) data collection and reporting modified, as appropriate, references to invitational priority, we are particularly
requirements. Funding for this program assessment describing ‘‘formative and interested in applications that meet the
is authorized under section 611(c)(1) of summative’’ assessments, deleted priority. However, we do not give an
IDEA, which gives the Secretary the references to ‘‘logic model’’ and inserted application that meets the priority a
authority to reserve funds appropriated a note directing the reader to additional preference over other applications (34
under Part B of the IDEA to provide information on the meaning of the term, CFR 75.105(c)(1)).
technical assistance activities and made other technical changes. FINAL REQUIREMENTS: The
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authorized under section 616(i) of IDEA. FINAL PRIORITY: Targeted and Assistant Secretary establishes the
Section 616(i) of IDEA requires the Intensive Technical Assistance to States following requirements for this program.
Secretary to review the data collection on the Analysis and Use of Formative We may apply these requirements in
and analysis capacity of States to ensure and Summative Assessment Data to any year in which this program is in
that data and information determined Support Implementation of States’ effect.
necessary for implementation of IDEA Identified Measurable Result(s). Requirements: Applications that:

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Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations 47299

(5) Include, in the budget, a line item State, local or tribal governments or We are issuing this final priority and
for an annual set-aside of five percent of communities in a material way (also requirements only on a reasoned
the grant amount to support emerging referred to as an ‘‘economically determination that their benefits justify
needs that are consistent with the significant’’ rule); their costs. In choosing among
proposed project’s intended outcomes, (2) Create serious inconsistency or alternative regulatory approaches, we
as those needs are identified in otherwise interfere with an action taken selected those approaches that
consultation with OSEP. or planned by another agency; maximize net benefits. Based on the
Note: With approval from the OSEP (3) Materially alter the budgetary analysis that follows, the Department
project officer, the project must impacts of entitlement grants, user fees, believes that this regulatory action is
reallocate any remaining funds from this or loan programs or the rights and consistent with the principles in
annual set-aside no later than the end of obligations of recipients thereof; or Executive Order 13563.
the third quarter of each budget period; (4) Raise novel legal or policy issues We also have determined that this
and arising out of legal mandates, the regulatory action does not unduly
(6) Maintain a Web site that meets President’s priorities, or the principles interfere with State, local, and tribal
government or industry-recognized stated in the Executive order. governments in the exercise of their
standards for accessibility. This final regulatory action is not a governmental functions.
Fourth and Fifth Years of the Project: significant regulatory action subject to In accordance with both Executive
In deciding whether to continue funding review by OMB under section 3(f) of orders, the Department has assessed the
the project for the fourth and fifth years, Executive Order 12866. potential costs and benefits, both
the Secretary will consider the We have also reviewed this final quantitative and qualitative, of this
requirements of 34 CFR 75.253(a), as regulatory action under Executive Order regulatory action. The potential costs
well as— 13563, which supplements and are those resulting from statutory
(a) The recommendation of a review explicitly reaffirms the principles, requirements and those we have
team consisting of experts selected by structures, and definitions governing determined as necessary for
the Secretary. This review will be regulatory review established in administering the Department’s
conducted during a one-day intensive Executive Order 12866. To the extent programs and activities.
meeting that will be held during the last permitted by law, Executive Order The benefits of the TA projects have
13563 requires that an agency— been well-established over the years in
half of the second year of the project
(1) Propose or adopt regulations only that other TA projects have been
period;
upon a reasoned determination that completed successfully. The priority
(b) The timeliness and effectiveness
their benefits justify their costs announced in this notice will improve
with which all requirements of the
(recognizing that some benefits and the capacity of States to meet the IDEA
negotiated cooperative agreement have
costs are difficult to quantify); data collection and reporting
been or are being met by the project; and
(2) Tailor its regulations to impose the requirements, including (1) increased
(c) The quality, relevance, and
least burden on society, consistent with capacity of SEA personnel to analyze
usefulness of the project’s products and
obtaining regulatory objectives and and use assessment data to better
services and the extent to which the
taking into account—among other things achieve the SIMR described in the IDEA
project’s products and services are
and to the extent practicable—the costs Part B SSIP through means such as the
aligned with the project’s objectives and
of cumulative regulations; use of formative and summative
likely to result in the project achieving assessment data to evaluate and
(3) In choosing among alternative
its intended outcomes. improve educational policy, inform
regulatory approaches, select those
This notice does not preclude us from instructional programs and improve
approaches that maximize net benefits
proposing additional priorities, instruction for students with
(including potential economic,
requirements, definitions, or selection disabilities; and (2) increased capacity
environmental, public health and safety,
criteria, subject to meeting applicable of SEA personnel to provide TA to LEAs
and other advantages; distributive
rulemaking requirements. in the analysis and use of State and
impacts; and equity);
Note: This notice does not solicit (4) To the extent feasible, specify districtwide assessment data to improve
applications. In any year in which we performance objectives, rather than the instruction of students with disabilities
choose to use this priority and these behavior or manner of compliance a and better achieve the SIMR.
requirements, we invite applications regulated entity must adopt; and Accessible Format: Individuals with
through a notice in the Federal Register. (5) Identify and assess available disabilities can obtain this document in
Executive Orders 12866 and 13563 alternatives to direct regulation, an accessible format (e.g., braille, large
including economic incentives—such as print, audiotape, or compact disc) on
Regulatory Impact Analysis user fees or marketable permits—to request to the program contact person
Under Executive Order 12866, the encourage the desired behavior, or listed under FOR FURTHER INFORMATION
Secretary must determine whether this provide information that enables the CONTACT.
regulatory action is ‘‘significant’’ and, public to make choices. Electronic Access to This Document:
therefore, subject to the requirements of Executive Order 13563 also requires The official version of this document is
the Executive order and subject to an agency ‘‘to use the best available the document published in the Federal
review by the Office of Management and techniques to quantify anticipated Register. Free Internet access to the
Budget (OMB). Section 3(f) of Executive present and future benefits and costs as official edition of the Federal Register
Order 12866 defines a ‘‘significant accurately as possible.’’ The Office of and the Code of Federal Regulations is
regulatory action’’ as an action likely to Information and Regulatory Affairs of available via the Federal Digital System
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result in a rule that may— OMB has emphasized that these at: www.gpo.gov/fdsys. At this site you
(1) Have an annual effect on the techniques may include ‘‘identifying can view this document, as well as all
economy of $100 million or more, or changing future compliance costs that other documents of this Department
adversely affect a sector of the economy, might result from technological published in the Federal Register, in
productivity, competition, jobs, the innovation or anticipated behavioral text or Portable Document Format
environment, public health or safety, or changes.’’ (PDF). To use PDF you must have

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Document Created: 2018-02-08 07:59:10
Document Modified: 2018-02-08 07:59:10
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final priority and requirements.
Dates		This priority and these requirements are effective August 22, 2016.
Contact		David Egnor, U.S. Department of Education, 400 Maryland Avenue SW., Room 5163, Potomac Center Plaza, Washington, DC 20202-5076. Telephone: (202) 245-7334 or by email: [email protected]
FR Citation		81 FR 47296