83_FR_35390 83 FR 35247 - Applications for New Awards; Technical Assistance and Dissemination To Improve Services and Results for Children With Disabilities-Center on Dispute Resolution

83 FR 35247 - Applications for New Awards; Technical Assistance and Dissemination To Improve Services and Results for Children With Disabilities-Center on Dispute Resolution

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 143 (July 25, 2018)

Page Range35247-35256
FR Document2018-15932

The Department of Education is issuing a notice inviting applications for new awards for fiscal year (FY) 2018 for Technical Assistance and Dissemination to Improve Services and Results for Children With Disabilities--Center on Dispute Resolution, Catalog of Federal Domestic Assistance (CFDA) number 84.326X.

Federal Register, Volume 83 Issue 143 (Wednesday, July 25, 2018)
[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Notices]
[Pages 35247-35256]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15932]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Technical Assistance and 
Dissemination To Improve Services and Results for Children With 
Disabilities--Center on Dispute Resolution

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

ACTION: Notice.

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SUMMARY: The Department of Education is issuing a notice inviting 
applications for new awards for fiscal year (FY) 2018 for Technical 
Assistance and Dissemination to Improve Services and Results for 
Children With Disabilities--Center on Dispute Resolution, Catalog of 
Federal Domestic Assistance (CFDA) number 84.326X.

DATES: 
    Applications Available: July 25, 2018.
    Deadline for Transmittal of Applications: August 24, 2018.

ADDRESSES: For the addresses for obtaining and submitting an 
application, please refer to our Common Instructions for Applicants to 
Department of Education Discretionary Grant Programs, published in the 
Federal Register on February 12, 2018 (83 FR 6003) and available at 
www.thefederalregister.org/fdsys/pkg/FR-2018-02-12/pdf/2018-02558.pdf.

FOR FURTHER INFORMATION CONTACT: Tina Diamond, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5136, Potomac Center Plaza,

[[Page 35248]]

Washington, DC 20202-5108. Telephone: (202) 245-6674.
    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: 

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of the Technical Assistance and 
Dissemination to Improve Services and Results for Children with 
Disabilities program is to promote academic achievement and to improve 
results for children with disabilities by providing technical 
assistance, supporting model demonstration projects, disseminating 
useful information, and implementing activities that are supported by 
scientifically based research.
    Priority: In accordance with 34 CFR 75.105(b)(2)(v), this priority 
is from allowable activities specified in the statute (see sections 663 
and 681(d) of the Individuals with Disabilities Education Act (IDEA); 
20 U.S.C. 1463 and 1481(d)).
    Absolute Priority: For FY 2018 and any subsequent year in which we 
make awards from the list of unfunded applications from this 
competition, this priority is an absolute priority. Under 34 CFR 
75.105(c)(3), we consider only applications that meet this priority.
    This priority is:
    Center on Dispute Resolution.
    Background: The mission of the Office of Special Education and 
Rehabilitative Services (OSERS) is to improve early childhood, 
educational, and employment outcomes and raise expectations for all 
people with disabilities, their families, their communities, and the 
Nation. This priority is consistent with Supplemental Priority 1 in the 
Secretary's Final Supplemental Priorities and Definitions for 
Discretionary Grant Programs, published in the Federal Register on 
March 2, 2018 (83 FR 9096) (Supplemental Priorities)--Empowering 
Families and Individuals To Choose a High-Quality Education That Meets 
Their Unique Needs; and Supplemental Priority 5--Meeting the Unique 
Needs of Students and Children With Disabilities and/or Those With 
Unique Gifts and Talents.
    IDEA includes procedural safeguards that are designed to protect 
the rights of children with disabilities and their parents and to 
provide parents with mechanisms for resolving, at the earliest point in 
time, disputes with those who provide services to children with 
disabilities (State educational agencies (SEAs), local educational 
agencies (LEAs), schools, Part C State lead agencies, and early 
intervention service (EIS) providers). The procedural safeguards 
include the opportunity to seek a timely resolution of disputes about 
establishing a child's eligibility under IDEA and providing a free 
appropriate public education (FAPE) to an eligible child or the 
appropriate EIS to infants and toddlers with disabilities. Thus, IDEA 
encourages constructive relationships between parents of children with 
disabilities and those who provide services to children with 
disabilities by facilitating open communication between the parents and 
these entities and encouraging early resolution of disputes so that 
disagreements do not escalate and become adversarial and result in a 
delay in identifying, and providing needed services to, eligible 
children. IDEA's dispute resolution procedures include provisions for 
State complaints, mediation, due process complaints, and resolution 
sessions, as described below.
    State Complaints. IDEA's State complaint procedures permit parents 
and other interested individuals or organizations to file a complaint 
with the SEA or Part C State lead agency to seek resolution of any 
alleged violations of IDEA. The goal of the State complaint procedures 
is to resolve disputes while avoiding costly or time-consuming due 
process hearings (34 CFR 300.151 through 300.153--Part B regulations; 
34 CFR 303.432 through 303.434--Part C regulations). The State 
complaint procedures provide an important means of ensuring that the 
educational or early intervention needs of children with disabilities 
are met (34 CFR 300.151 and 303.432).
    Mediation. In response to increasing numbers of due process 
complaints under Part B of IDEA, Congress amended IDEA in 1997 to 
require SEAs and Part C State lead agencies to make mediation 
available, at a minimum, whenever a due process complaint is filed. In 
2004, Congress further amended section 615(e) of IDEA to allow parties 
to use mediation to resolve disputes involving any matter under IDEA, 
not just those matters that are the subject of a due process complaint, 
thus making mediation available at any time and on any matter under 
IDEA. (This amendment also applies to Part C through section 639(a)(8) 
of IDEA.) In mediation, the goal is for a neutral third party to 
facilitate the resolution of disputes without the need for an 
adversarial hearing. Thus, mediation is more likely than due process 
hearings to foster positive relationships between families and 
educators and EIS providers (Government Accountability Office, 2003).
    Due Process Hearings. In due process hearings, IDEA requires that 
an impartial, knowledgeable decision-maker resolve disputes. While due 
process hearings are an important protection, they can be costly, time-
consuming, and contentious, and they may damage relationships between 
the parties involved in the dispute.
    Resolution Session. The 2004 amendments to IDEA added a requirement 
for a resolution session prior to a due process hearing. The resolution 
session requirement applies to all IDEA Part B due process complaints 
and to those IDEA Part C due process complaints filed in a State that 
has elected to adopt the Part B-type due process hearing procedures in 
34 CFR 303.440 through 303.449. Under section 615(f)(1)(B) of IDEA, the 
LEA (or in the case of IDEA Part C, under 34 CFR 303.442, the State 
lead agency) must convene a meeting with the parents and relevant 
members of the child's individualized education program (IEP) or 
individualized family service plan (IFSP) team who have specific 
knowledge of the facts identified in the complaint. This provides the 
parents and the agency responsible for providing service to a child 
with an opportunity to resolve the complaint and avoid a due process 
hearing.
    Early Resolution Practices. In addition to these methods of dispute 
resolution specifically required under IDEA, there are a variety of 
informal or ``early resolution'' practices that can be used to resolve 
disputes at the school or district level and avoid time-consuming and 
costly litigation.
    Each SEA and Part C State lead agency is responsible for annually 
reporting data on dispute resolution activity to the Office of Special 
Education Programs (OSEP) to help determine the extent to which States 
effectively implement dispute resolution practices. The data collected 
by OSEP include information on the timeliness of State complaint 
reports and due process hearing decisions, the percentage of due 
process complaints that were resolved through settlement agreements, 
and mediations resulting in agreements.
    An analysis of national data trends in dispute resolution conducted 
by the Center for Appropriate Dispute Resolution in Special Education 
(CADRE) shows declines in processes, such as written State complaints 
and due process complaints, and increases in the use of collaborative 
approaches,

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such as mediation and IEP facilitation (CADRE, 2017). However, OSEP's 
most recent analysis of Annual Performance Reports (APRs) shows that 
States continue to fall short of their targets for agreement rates in 
resolution sessions. A survey of State officials indicated that a lack 
of public awareness about early resolution practices presents a 
challenge to expanding their use, which demonstrates a need for 
additional technical assistance (TA), dissemination of information, and 
coordination with parent organizations (Government Accountability 
Office, 2014). OSEP-funded parent TA providers have noted that this 
lack of awareness is prevalent among vulnerable populations due to 
language, informational, or economic barriers.
    Priority: The purpose of this priority is to fund a cooperative 
agreement to establish and operate a Center on Dispute Resolution 
(Center). This Center will provide TA to SEAs, Part C State lead 
agencies, and OSEP-funded parent centers to improve the implementation 
of all of the dispute resolution practices required under IDEA, along 
with any optional early resolution strategies that may be available. 
The Center must achieve, at a minimum, the following expected outcomes:
    (a) Increased capacity of SEAs and Part C State lead agencies to 
support local implementation of effective early resolution practices to 
resolve disputes and thereby decrease State complaints and due process 
complaints;
    (b) Increased capacity of SEAs and Part C State lead agencies to 
collect, report, and use high-quality dispute resolution data;
    (c) Increased body of knowledge on dispute prevention and exemplary 
dispute resolution practices to meet the dispute resolution needs of 
parents and families, including those from vulnerable populations who 
may be less likely to access dispute resolution due to language, 
informational, or economic barriers;
    (d) Improved access for hearing officers to information on emerging 
issues related to special education and early intervention dispute 
resolution;
    (e) Improved ability of SEAs and Part C State lead agencies to 
implement a range of dispute resolution options, including methods of 
dispute resolution required under IDEA and early resolution practices 
and to support SEAs and Part C State lead agencies in ensuring that 
dispute resolution options are not affected by administrative 
constraints (e.g., staffing or target agreement rates for mediation 
agreements and resolution sessions);
    (f) Improved capacity of OSEP-funded parent centers to provide TA 
on the range of effective dispute resolution options;
    (g) Increased knowledge of OSEP-funded parent centers, parents, and 
families about school choice as it relates to due process and 
procedural safeguards under IDEA; and
    (h) An annual analysis of State and national trends and other data 
about dispute resolution to determine the extent to which SEAs and Part 
C State lead agencies have--
    (i) Met the required timelines when resolving State complaints and 
issuing due process hearing decisions;
    (ii) Used resolution meetings and mediation to successfully resolve 
disputes between parents and LEAs or EIS providers; and
    (iii) Implemented effective methods of early dispute resolution.
    In addition to these programmatic requirements, to be considered 
for funding under this priority, applicants must meet the application 
and administrative requirements in this priority, which are:
    (a) Demonstrate, in the narrative section of the application under 
``Significance of the Project,'' how the proposed project will--
    (1) Address gaps or weaknesses in State or local dispute resolution 
performance and compliance to meet the dispute resolution needs of SEA 
and Part C State lead agency personnel, as well as the needs of parents 
and families, including those from vulnerable populations who may be 
less likely to access dispute resolution due to language, 
informational, or economic barriers. To meet this requirement the 
applicant must--
    (i) Demonstrate knowledge of exemplary dispute resolution practices 
that will assist SEAs and Part C State lead agencies in improving 
dispute resolution, especially practices that will assist agencies in 
meeting compliance and performance targets and implementing effective 
early resolution practices;
    (ii) Present information about the current level of implementation 
of exemplary dispute resolution practices in SEAs and Part C State lead 
agencies, especially practices that will assist agencies in meeting 
compliance and performance targets and implementing effective early 
resolution practices; and
    (iii) Present national, State, or local data on the financial and 
administrative burden of involvement in dispute resolution and discuss 
strategies for minimizing these burdens for all parties involved.
    (2) Improve outcomes in dispute resolution compliance and 
performance for SEAs and Part C State lead agencies and increase the 
implementation of early resolution practices.
    (3) Improve communication between parents and families and 
education professionals to minimize conflict and increase the use of 
collaborative problem-solving and dispute resolution practices.
    (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 services and products meet the needs of the 
intended recipients of the grant;
    (2) Achieve its goals, objectives, and intended outcomes. To meet 
this requirement, the applicant must provide--
    (i) Measurable intended project outcomes; and
    (ii) In Appendix A, the logic model (as defined in this notice) by 
which the proposed project will achieve its intended outcomes that 
depicts, at a minimum, the goals, activities, outputs, and intended 
outcomes of the proposed project;
    (3) Use a conceptual framework (and provide a copy in Appendix A) 
to develop project plans and activities, describing any underlying 
concepts, assumptions, expectations, beliefs, or theories, as well as 
the presumed relationships or linkages among these variables, and any 
empirical support for this framework;
    Note: The following websites provide more information on logic 
models and conceptual frameworks: 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 on effective dispute resolution 
practices, provide services that assist SEAs and Part C State lead 
agencies to comply with IDEA requirements, and draw from the knowledge 
base of effective early resolution evidence-based (as defined in this 
notice) practices (EBPs). To meet this requirement, the applicant must 
describe--

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    (i) The current research on effective dispute resolution practices, 
including early resolution EBPs;
    (ii) The current research about adult learning principles and 
implementation science that will inform the proposed TA; and
    (iii) How the proposed project will incorporate current research 
and EBPs 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 in 
special education dispute resolution;
    (ii) Its proposed approach to universal, general TA,\1\ which must 
identify the intended recipients, including the type and number of 
recipients, that will receive the products and services, a description 
of the products and services that the Center proposes to make 
available, and the expected impact of those products and services under 
this approach;
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    \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 website 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, including the type and number of 
recipients, that will receive the products and services, a description 
of the products and services that the Center proposes to make 
available, and the expected impact of those products and services under 
this approach; and
    (B) Its proposed approach to measure the dispute resolution needs 
and 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, including the type and number of 
recipients, that will receive the products and services, a description 
of the products and services that the Center proposes to make 
available, and the expected impact of those products and services under 
this approach;
    (B) Its proposed approach to measure the dispute resolution needs 
and readiness of SEAs, Part C State lead agencies, and parent centers 
to work with the project, including their commitment to the initiative, 
alignment of the initiative to their needs, current infrastructure, 
available resources, and ability of the SEAs, Part C State lead 
agencies, and parent centers to build capacity at the local school 
district or program level;
    (C) Its proposed plan for assisting SEAs and Part C State lead 
agencies to build or enhance training systems related to special 
education dispute resolution 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, Part C State lead agencies, regional TA 
providers, parents and families) to ensure that there is communication 
between each level and that there are systems in place to support the 
use of effective dispute resolution practices, including early 
resolution EBPs;
    (6) Develop products and implement services that are impartial and 
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 
criteria for determining the extent to which the project's products and 
services have met the goals for reaching its target population; 
measures of intended outcomes or results of the project's activities in 
order to evaluate those activities; and how well the goals or 
objectives of the proposed project, as described in its logic model, 
have been met.
    The applicant must provide an assurance that, in designing the 
evaluation plan, it will--
    (1) Designate, with the approval of the 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 Program and Project Performance (CIP3),\4\ 
the project director, and the OSEP project officer on the following 
tasks:
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    \4\ The major tasks of CIP3 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 CIP3 are expected to 
enhance individual project evaluation plans by providing expert and 
unbiased TA in designing the evaluations with due consideration of 
the project's budget. CIP3 does not function as a third-party 
evaluator.
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    (i) Revise, as needed, the logic model submitted in the 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., prepare 
evaluation questions about significant program processes and outcomes; 
develop quantitative or qualitative data collections that permit both 
the collection of progress data, including fidelity of implementation, 
as appropriate, and the assessment of project outcomes; and identify 
analytic strategies); and
    (iii) Revise, as needed, the evaluation plan submitted in the 
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 completing the plan;

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    (B) Delineates the data expected to be available by the end of the 
second project year for use during the project's evaluation (3+2 
review) 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 CIP3, as needed, to specify the 
performance measures to be addressed in the project's Annual 
Performance Report;
    (2) Cooperate with CIP3 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 and how these allocations are appropriate and 
adequate to achieve the project's intended outcomes;
    (3) The proposed management plan will ensure that the products and 
services provided are of high quality, relevant, and useful to 
recipients; and
    (4) The proposed project will benefit from a diversity of 
perspectives, including those of families, educators, TA providers, 
researchers, and policy makers, among others, in its development and 
operation.
    (f) Address the following application requirements. The applicant 
must--
    (1) Include, in Appendix A, personnel-loading charts and timelines, 
as applicable, to illustrate the management plan described in the 
narrative;
    (2) Include, in the budget, attendance at the following:
    (i) A one and one-half day kick-off meeting in Washington, DC, 
after receipt of the award, and an annual planning meeting, 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' conference in 
Washington, DC, during each year of the project period;
    (iii) Two annual two-day trips to attend Department briefings, 
Department-sponsored conferences, and other meetings, as requested by 
OSEP; and
    (iv) A one-day intensive 3+2 review meeting during the last half of 
the second year of the project period;
    (3) 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, and approved by, the OSEP 
project officer. With approval from the OSEP project officer, the 
project must reallocate any remaining funds from this annual set-aside 
no later than the end of the third quarter of each budget period;
    (4) Maintain a high-quality website, with an easy-to-navigate 
design, that meets government or industry-recognized standards for 
accessibility; and
    (5) Include, in Appendix A, an assurance to assist OSEP with the 
transfer of pertinent resources and products and to maintain the 
continuity of services to TA recipients during the transition to this 
new award period and at the end of this award period, as appropriate.
    Fourth and Fifth Years of the Project:
    In deciding whether to continue funding the project for the fourth 
and fifth years, the Secretary will consider the requirements of 34 CFR 
75.253(a), as well as--
    (a) The recommendation of a 3+2 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 with which, and how well, the requirements of 
the negotiated cooperative agreement have been or are being met by the 
project; and
    (c) The quality, relevance, and usefulness of the project's 
products and services and the extent to which the project's products 
and services are aligned with the project's objectives and likely to 
result in the project achieving its intended outcomes.

References

Center for Appropriate Dispute Resolution in Special Education 
(CADRE). (2017). Trends in dispute resolution under the Individuals 
with Disabilities Education Act (IDEA). Eugene, OR: CADRE. Retrieved 
from www.cadreworks.org/sites/default/files/TrendsinDisputeResolution%20DEC17.pdf.
Government Accountability Office. (2003). Numbers of formal disputes 
are generally low and States are using mediation and other 
strategies to resolve conflicts (GAO Publication No. 03-897). 
Washington, DC: Government Printing Office.
Government Accountability Office. (2014). Improved performance 
measures could enhance oversight of dispute resolution (GAO 
Publication No. 14-390). Washington, DC: Government Printing Office.

    Definitions: The following definitions are from 34 CFR 77.1:
    Demonstrates a rationale means a key project component included in 
the project's logic model is informed by research or evaluation 
findings that suggest the project component is likely to improve 
relevant outcomes.
    Evidence-based means the proposed project component is supported by 
one or more of strong evidence, moderate evidence, promising evidence, 
or evidence that demonstrates a rationale.
    Experimental study means a study that is designed to compare 
outcomes between two groups of individuals (such as students) that are 
otherwise equivalent except for their assignment to either a treatment 
group receiving a project component or a control group that does not. 
Randomized controlled trials, regression discontinuity design studies, 
and single-case design studies are the specific types of experimental 
studies that, depending on their design and implementation (e.g., 
sample attrition in randomized controlled trials and regression 
discontinuity design

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studies), can meet What Works Clearinghouse (WWC) standards without 
reservations as described in the WWC Handbook:
    (i) A randomized controlled trial employs random assignment of, for 
example, students, teachers, classrooms, or schools to receive the 
project component being evaluated (the treatment group) or not to 
receive the project component (the control group).
    (ii) A regression discontinuity design study assigns the project 
component being evaluated using a measured variable (e.g., assigning 
students reading below a cutoff score to tutoring or developmental 
education classes) and controls for that variable in the analysis of 
outcomes.
    (iii) A single-case design study uses observations of a single case 
(e.g., a student eligible for a behavioral intervention) over time in 
the absence and presence of a controlled treatment manipulation to 
determine whether the outcome is systematically related to the 
treatment.
    Logic model (also referred to as a theory of action) means a 
framework that identifies key project components of the proposed 
project (i.e., the active ``ingredients'' that are hypothesized to be 
critical to achieving the relevant outcomes) and describes the 
theoretical and operational relationships among the key project 
components and relevant outcomes.
    Moderate evidence means that there is evidence of effectiveness of 
a key project component in improving a relevant outcome for a sample 
that overlaps with the populations or settings proposed to receive that 
component, based on a relevant finding from one of the following:
    (i) A practice guide prepared by the WWC using version 2.1 or 3.0 
of the WWC Handbook reporting a ``strong evidence base'' or ``moderate 
evidence base'' for the corresponding practice guide recommendation;
    (ii) An intervention report prepared by the WWC using version 2.1 
or 3.0 of the WWC Handbook reporting a ``positive effect'' or 
``potentially positive effect'' on a relevant outcome based on a 
``medium to large'' extent of evidence, with no reporting of a 
``negative effect'' or ``potentially negative effect'' on a relevant 
outcome; or
    (iii) A single experimental study or quasi-experimental design 
study reviewed and reported by the WWC using version 2.1 or 3.0 of the 
WWC Handbook, or otherwise assessed by the Department using version 3.0 
of the WWC Handbook, as appropriate, and that--
    (A) Meets WWC standards with or without reservations;
    (B) Includes at least one statistically significant and positive 
(i.e., favorable) effect on a relevant outcome;
    (C) Includes no overriding statistically significant and negative 
effects on relevant outcomes reported in the study or in a 
corresponding WWC intervention report prepared under version 2.1 or 3.0 
of the WWC Handbook; and
    (D) Is based on a sample from more than one site (e.g., State, 
county, city, school district, or postsecondary campus) and includes at 
least 350 students or other individuals across sites. Multiple studies 
of the same project component that each meet requirements in paragraphs 
(iii)(A), (B), and (C) of this definition may together satisfy this 
requirement.
    Project component means an activity, strategy, intervention, 
process, product, practice, or policy included in a project. Evidence 
may pertain to an individual project component or to a combination of 
project components (e.g., training teachers on instructional practices 
for English learners and follow-on coaching for these teachers).
    Promising evidence means that there is evidence of the 
effectiveness of a key project component in improving a relevant 
outcome, based on a relevant finding from one of the following:
    (i) A practice guide prepared by WWC reporting a ``strong evidence 
base'' or ``moderate evidence base'' for the corresponding practice 
guide recommendation;
    (ii) An intervention report prepared by the WWC reporting a 
``positive effect'' or ``potentially positive effect'' on a relevant 
outcome with no reporting of a ``negative effect'' or ``potentially 
negative effect'' on a relevant outcome; or
    (iii) A single study assessed by the Department, as appropriate, 
that--
    (A) Is an experimental study, a quasi-experimental design study, or 
a well-designed and well-implemented correlational study with 
statistical controls for selection bias (e.g., a study using regression 
methods to account for differences between a treatment group and a 
comparison group); and
    (B) Includes at least one statistically significant and positive 
(i.e., favorable) effect on a relevant outcome.
    Quasi-experimental design study means a study using a design that 
attempts to approximate an experimental study by identifying a 
comparison group that is similar to the treatment group in important 
respects. This type of study, depending on design and implementation 
(e.g., establishment of baseline equivalence of the groups being 
compared), can meet WWC standards with reservations, but cannot meet 
WWC standards without reservations, as described in the WWC Handbook.
    Relevant outcome means the student outcome(s) or other outcome(s) 
the key project component is designed to improve, consistent with the 
specific goals of the program.
    Strong evidence means that there is evidence of the effectiveness 
of a key project component in improving a relevant outcome for a sample 
that overlaps with the populations and settings proposed to receive 
that component, based on a relevant finding from one of the following:
    (i) A practice guide prepared by the WWC using version 2.1 or 3.0 
of the WWC Handbook reporting a ``strong evidence base'' for the 
corresponding practice guide recommendation;
    (ii) An intervention report prepared by the WWC using version 2.1 
or 3.0 of the WWC Handbook reporting a ``positive effect'' on a 
relevant outcome based on a ``medium to large'' extent of evidence, 
with no reporting of a ``negative effect'' or ``potentially negative 
effect'' on a relevant outcome; or
    (iii) A single experimental study reviewed and reported by the WWC 
using version 2.1 or 3.0 of the WWC Handbook, or otherwise assessed by 
the Department using version 3.0 of the WWC Handbook, as appropriate, 
and that--
    (A) Meets WWC standards without reservations;
    (B) Includes at least one statistically significant and positive 
(i.e., favorable) effect on a relevant outcome;
    (C) Includes no overriding statistically significant and negative 
effects on relevant outcomes reported in the study or in a 
corresponding WWC intervention report prepared under version 2.1 or 3.0 
of the WWC Handbook; and
    (D) Is based on a sample from more than one site (e.g., State, 
county, city, school district, or postsecondary campus) and includes at 
least 350 students or other individuals across sites. Multiple studies 
of the same project component that each meet requirements in paragraphs 
(iii)(A), (B), and (C) of this definition may together satisfy this 
requirement.
    What Works Clearinghouse Handbook (WWC Handbook) means the 
standards and procedures set forth in the WWC Procedures and Standards 
Handbook, Version 3.0 or Version 2.1 (incorporated by reference, see 34 
CFR 77.2). Study findings eligible for review under WWC

[[Page 35253]]

standards can meet WWC standards without reservations, meet WWC 
standards with reservations, or not meet WWC standards. WWC practice 
guides and intervention reports include findings from systematic 
reviews of evidence as described in the Handbook documentation.
    Waiver of Proposed Rulemaking: Under the Administrative Procedure 
Act (APA) (5 U.S.C. 553) the Department generally offers interested 
parties the opportunity to comment on proposed priorities and 
requirements. Section 681(d) of IDEA, however, makes the public comment 
requirements of the APA inapplicable to the priority in this notice.
    Program Authority: 20 U.S.C. 1463 and 1481.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 
97, 98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 
2 CFR part 180, as adopted and amended as regulations of the Department 
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of the Department in 2 CFR 
part 3474.
    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian Tribes.
    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education (IHEs) only.

II. Award Information

    Type of Award: Cooperative agreement.
    Estimated Available Funds: $750,000.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2019 from the list of 
unfunded applications from this competition.
    Maximum Award: We will not make an award exceeding $750,000 for a 
single budget period of 12 months.
    Estimated Number of Awards: 1.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: SEAs; LEAs, including public charter 
schools that operate as LEAs under State law; IHEs; other public 
agencies; private nonprofit organizations; freely associated States and 
outlying areas; Indian Tribes or Tribal organizations; and for-profit 
organizations.
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    3. Subgrantees: Under 34 CFR 75.708(b) and (c) a grantee under this 
competition may award subgrants--to directly carry out project 
activities described in its application--to the following types of 
entities: IHEs and private nonprofit organizations suitable to carry 
out the activities proposed in the application. The grantee may award 
subgrants to entities it has identified in an approved application.
    4. Other: (a) Recipients of funding under this competition must 
make positive efforts to employ and advance in employment qualified 
individuals with disabilities (see section 606 of IDEA).
    (b) Applicants for, and recipients of, funding must, with respect 
to the aspects of their proposed project relating to the absolute 
priority, involve individuals with disabilities, or parents of 
individuals with disabilities ages birth through 26, in planning, 
implementing, and evaluating the project (see section 682(a)(1)(A) of 
IDEA).

IV. Application and Submission Information

    1. Application Submission Instructions: For information on how to 
submit an application please refer to our Common Instructions for 
Applicants to Department of Education Discretionary Grant Programs, 
published in the Federal Register on February 12, 2018 (83 FR 6003) and 
available at www.thefederalregister.org/fdsys/pkg/FR-2018-02-12/pdf/2018-02558.pdf.
    2. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. However, 
under 34 CFR 79.8(a), we waive intergovernmental review in order to 
make an award by the end of FY 2018.
    3. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    4. Recommended Page Limit: The application narrative (Part III of 
the application) is where you, the applicant, address the selection 
criteria that reviewers use to evaluate your application. We recommend 
that you (1) limit the application narrative to no more than 70 pages 
and (2) use the following standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
     Double space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, reference citations, and captions, as well as 
all text in charts, tables, figures, graphs, and screen shots.
     Use a font that is 12 point or larger.
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The recommended page limit does not apply to Part I, the cover 
sheet; Part II, the budget section, including the narrative budget 
justification; Part IV, the assurances and certifications; or the 
abstract (follow the guidance provided in the application package for 
completing the abstract), the table of contents, the list of priority 
requirements, the resumes, the reference list, the letters of support, 
or the appendices. However, the recommended page limit does apply to 
all of the application narrative, including all text in charts, tables, 
figures, graphs, and screen shots.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210 and are as follows:
    (a) Significance (10 points).
    (1) The Secretary considers the significance of the proposed 
project.
    (2) In determining the significance of the proposed project, the 
Secretary considers the following factors:
    (i) The extent to which specific gaps or weaknesses in services, 
infrastructure, or opportunities have been identified and will be 
addressed by the proposed project, including the nature and magnitude 
of those gaps or weaknesses.
    (ii) The importance or magnitude of the results or outcomes likely 
to be attained by the proposed project.
    (b) Quality of project services (35 points).
    (1) The Secretary considers the quality of the services to be 
provided by the proposed project.
    (2) In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the quality and 
sufficiency of strategies for ensuring equal access and treatment for 
eligible project participants who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability.
    (3) In addition, the Secretary considers the following factors:
    (i) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable.
    (ii) The extent to which there is a conceptual framework underlying 
the proposed research or demonstration

[[Page 35254]]

activities and the quality of that framework.
    (iii) The extent to which the services to be provided by the 
proposed project reflect up-to-date knowledge from research and 
effective practice.
    (iv) The extent to which the training or professional development 
services to be provided by the proposed project are of sufficient 
quality, intensity, and duration to lead to improvements in practice 
among the recipients of those services.
    (v) The extent to which the technical assistance services to be 
provided by the proposed project involve the use of efficient 
strategies, including the use of technology, as appropriate, and the 
leveraging of non-project resources.
    (vi) The adequacy of mechanisms for ensuring high-quality products 
and services from the proposed project.
    (c) Quality of the project evaluation (20 points).
    (1) The Secretary considers the quality of the evaluation to be 
conducted of the proposed project.
    (2) In determining the quality of the evaluation, the Secretary 
considers the following factors:
    (i) The extent to which the methods of evaluation are thorough, 
feasible, and appropriate to the goals, objectives, and outcomes of the 
proposed project.
    (ii) The extent to which the methods of evaluation provide for 
examining the effectiveness of project implementation strategies.
    (iii) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes.
    (iv) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data to the extent possible.
    (d) Adequacy of resources and quality of project personnel (15 
points).
    (1) The Secretary considers the adequacy of resources for the 
proposed project and the quality of the personnel who will carry out 
the proposed project.
    (2) In determining the quality of project personnel, the Secretary 
considers the extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability.
    (3) In addition, the Secretary considers the following factors:
    (i) The qualifications, including relevant training and experience, 
of the project director or principal investigator.
    (ii) The qualifications, including relevant training and 
experience, of key project personnel.
    (iii) The qualifications, including relevant training and 
experience, of project consultants or subcontractors.
    (iv) The qualifications, including relevant training, experience, 
and independence, of the evaluator.
    (v) The adequacy of support, including facilities, equipment, 
supplies, and other resources, from the applicant organization or the 
lead applicant organization.
    (vi) The relevance and demonstrated commitment of each partner in 
the proposed project to the implementation and success of the project.
    (vii) The extent to which the budget is adequate to support the 
proposed project.
    (viii) The extent to which the costs are reasonable in relation to 
the objectives, design, and potential significance of the proposed 
project.
    (e) Quality of the management plan (20 points).
    (1) The Secretary considers the quality of the management plan for 
the proposed project.
    (2) In determining the quality of the management plan for the 
proposed project, the Secretary considers the following factors:
    (i) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks.
    (ii) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed 
project.
    (iii) The adequacy of mechanisms for ensuring high-quality products 
and services from the proposed project.
    (iv) How the applicant will ensure that a diversity of perspectives 
are brought to bear in the operation of the proposed project, including 
those of parents, teachers, the business community, a variety of 
disciplinary and professional fields, recipients or beneficiaries of 
services, or others, as appropriate.
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    3. Additional Review and Selection Process Factors: In the past, 
the Department has had difficulty finding peer reviewers for certain 
competitions because so many individuals who are eligible to serve as 
peer reviewers have conflicts of interest. The standing panel 
requirements under section 682(b) of IDEA also have placed additional 
constraints on the availability of reviewers. Therefore, the Department 
has determined that for some discretionary grant competitions, 
applications may be separated into two or more groups and ranked and 
selected for funding within specific groups. This procedure will make 
it easier for the Department to find peer reviewers by ensuring that 
greater numbers of individuals who are eligible to serve as reviewers 
for any particular group of applicants will not have conflicts of 
interest. It also will increase the quality, independence, and fairness 
of the review process, while permitting panel members to review 
applications under discretionary grant competitions for which they also 
have submitted applications.
    4. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.205, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
3474.10, the Secretary may impose specific conditions and, in 
appropriate circumstances, high-risk conditions on a grant if the 
applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    5. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$150,000), under 2 CFR 200.205(a)(2) we must make a

[[Page 35255]]

judgment about your integrity, business ethics, and record of 
performance under Federal awards--that is, the risk posed by you as an 
applicant--before we make an award. In doing so, we must consider any 
information about you that is in the integrity and performance system 
(currently referred to as the Federal Awardee Performance and Integrity 
Information System (FAPIIS)), accessible through the System for Award 
Management. You may review and comment on any information about 
yourself that a Federal agency previously entered and that is currently 
in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the necessary processes and 
systems to comply with the reporting requirements in 2 CFR part 170 
should you receive funding under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    5. Performance Measures: Under the Government Performance and 
Results Act of 1993, the Department has established a set of 
performance measures, including long-term measures, that are designed 
to yield information on various aspects of the effectiveness and 
quality of the Technical Assistance and Dissemination to Improve 
Services and Results for Children With Disabilities program. These 
measures are:
     Program Performance Measure #1: The percentage of 
Technical Assistance and Dissemination products and services deemed to 
be of high quality by an independent review panel of experts qualified 
to review the substantive content of the products and services.
     Program Performance Measure #2: The percentage of Special 
Education Technical Assistance and Dissemination products and services 
deemed by an independent review panel of qualified experts to be of 
high relevance to educational and early intervention policy or 
practice.
     Program Performance Measure #3: The percentage of all 
Special Education Technical Assistance and Dissemination products and 
services deemed by an independent review panel of qualified experts to 
be useful in improving educational or early intervention policy or 
practice.
     Program Performance Measure #4: The cost efficiency of the 
Technical Assistance and Dissemination Program includes the percentage 
of milestones achieved in the current annual performance report period 
and the percentage of funds spent during the current fiscal year.
     Long-term Program Performance Measure: The percentage of 
States receiving Special Education Technical Assistance and 
Dissemination services regarding scientifically or evidence-based 
practices for infants, toddlers, children, and youth with disabilities 
that successfully promote the implementation of those practices in 
school districts and service agencies.
    The measures apply to projects funded under this competition, and 
grantees are required to submit data on these measures as directed by 
OSEP.
    Grantees will be required to report information on their project's 
performance in annual and final performance reports to the Department 
(34 CFR 75.590).
    6. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: Whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, the 
performance targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., braille, large print, audiotape, or compact disc) by contacting 
the Management Support Services Team, U.S. Department of Education, 400 
Maryland Avenue SW, Room 5113, Potomac Center Plaza, Washington, DC 
20202-2500. Telephone: (202) 245-7363. If you use a TDD or a TTY, call 
the FRS, toll free, at 1-800-877-8339.
    Electronic Access to This Document: The official version of this 
document is

[[Page 35256]]

the document published in the Federal Register. You may access the 
official edition of the Federal Register and the Code of Federal 
Regulations 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 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 19, 2018.
Johnny W. Collett,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2018-15932 Filed 7-24-18; 8:45 am]
 BILLING CODE 4000-01-P



                                                                            Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices                                                  35247

                                               statements with the committee, or make                   invited to speak in the order in which                29,319 acres to protect those acres
                                               verbal comments from the floor during                    their requests were received by the DFO.              adjoining MAFR from incompatible
                                               the public meeting, at the times, and in                 For the benefit of the public, rosters that           land uses. 10 U.S.C. 2869 authorizes the
                                               the manner, permitted by the BoV.                        list the names of BoV members and any                 Air Force to convey real property at an
                                                  Written Statements: Pursuant to 41                    releasable materials presented during                 installation in exchange for property
                                               CFR 102–3.105(j) and 102–3.140 and                       the BoV meeting shall be made available               interests to be acquired under the terms
                                               section 10(a)(3) of the Federal Advisory                 upon request.                                         of an encroachment protection
                                               Committee Act, the public or interested                                                                        agreement executed in accordance with
                                                                                                        Henry Williams,
                                               organizations may submit written                                                                               Title 10 U.S.C. 2684a. The Air Force
                                               comments or statements to the BoV                        Acting Air Force Federal Register Liaison
                                                                                                        Officer, Department of Defense.                       executed an encroachment management
                                               about its mission and/or the topics to be                                                                      agreement with The Conservation Fund
                                               addressed in this public meeting.                        [FR Doc. 2018–15898 Filed 7–24–18; 8:45 am]
                                                                                                                                                              on July 21, 2017.
                                               Written comments or statements should                    BILLING CODE 5001–10–P
                                                                                                                                                                The Air Force has notified the
                                               be submitted to Capt Campos, via                                                                               appropriate Congressional committees
                                               electronic mail, the preferred mode of                                                                         of the terms and conditions of the
                                               submission, at the email address listed                  DEPARTMENT OF DEFENSE
                                                                                                                                                              proposed exchange pursuant to 10
                                               in the FOR FURTHER INFORMATION                           Department of the Air Force                           U.S.C. 2869(d)(2).
                                               CONTACT section in the following
                                                                                                                                                                Authority: 10 U.S.C. 2869(d)(1) and 10
                                               formats: Adobe Acrobat or Microsoft                      Exchange of Air Force Real Property                   U.S.C. 2684a(d)(4)(B).
                                               Word. The comment or statement must                      for Non-Air Force Real Property
                                               include the author’s name, title,                                                                                Dated: July 19, 2018.
                                               affiliation, address, and daytime                        AGENCY:  Air Force Civil Engineer                     Henry Williams,
                                               telephone number. Written comments or                    Center, United States Air Force, DoD.                 Acting Air Force Federal Register Liaison
                                               statements being submitted in response                   ACTION: Notice of intent.                             Officer.
                                               to the agenda set forth in this notice                                                                         [FR Doc. 2018–15901 Filed 7–24–18; 8:45 am]
                                                                                                        SUMMARY:   The Air Force is publishing
                                               must be received by the committee DFO                                                                          BILLING CODE P
                                                                                                        this Notice to identify Federal real
                                               at least five (5) business days (20 July)
                                                                                                        property that it intends to exchange for
                                               prior to the meeting so that they may be
                                                                                                        property that is needed by the Air Force
                                               made available to the BoV Chairman for                                                                         DEPARTMENT OF EDUCATION
                                                                                                        to limit encroachment and other
                                               their consideration prior to the meeting.
                                                                                                        constraints on military operations at
                                               Written comments or statements                                                                                 Applications for New Awards;
                                                                                                        Melrose Air Force Range (MAFR), NM.
                                               received after this date (20 July) may not                                                                     Technical Assistance and
                                               be provided to the BoV until its next                    FOR FURTHER INFORMATION CONTACT: Mr.                  Dissemination To Improve Services
                                               meeting. Please note that because the                    Joe Weathersby, Air Force Civil                       and Results for Children With
                                               BoV operates under the provisions of                     Engineer Center (AFCEC/CIUB), 2261                    Disabilities—Center on Dispute
                                               the Federal Advisory Committee Act, as                   Hughes Avenue, Suite 155, Joint Base                  Resolution
                                               amended, all written comments will be                    San Antonio (JBSA) Lackland, TX
                                               treated as public documents and will be                  78236–9853; telephone (210) 395–9516.                 AGENCY:  Office of Special Education and
                                               made available for public inspection.                    SUPPLEMENTARY INFORMATION: MAFR is a                  Rehabilitative. Services, Department of
                                                  Verbal Comments: Members of the                       long established training range,                      Education.
                                               public will be permitted to make verbal                  consisting of some 70,000 acres, 25                   ACTION: Notice.
                                               comments during the meeting only at                      miles west of Cannon Air Force Base,
                                                                                                        New Mexico. Operations on Melrose                     SUMMARY:   The Department of Education
                                               the time and in the manner allowed
                                                                                                        Range also cover an area of 2,500 square              is issuing a notice inviting applications
                                               herein. If a member of the public is
                                                                                                        miles of airspace. Melrose is used for                for new awards for fiscal year (FY) 2018
                                               interested in making a verbal comment
                                                                                                        training such as air to ground, small                 for Technical Assistance and
                                               at the open meeting, that individual
                                                                                                        arms, and electronic combat.                          Dissemination to Improve Services and
                                               must submit a request, with a brief
                                                                                                           Description of the Air Force Property:             Results for Children With Disabilities—
                                               statement of the subject matter to be
                                               addressed by the comment, at least three                 Approximately 1,240 acres of                          Center on Dispute Resolution, Catalog of
                                               (3) business days (24 July) in advance,                  undeveloped rangeland located on the                  Federal Domestic Assistance (CFDA)
                                               via electronic mail, the preferred mode                  southern perimeter of MAFR in                         number 84.326X.
                                               of submission, at the email address                      Township 1S, Ranges 29E and 30E, in                   DATES:
                                               listed in the FOR FURTHER INFORMATION                    Roosevelt County, New Mexico. This                       Applications Available: July 25, 2018.
                                               CONTACT section. The BoV DFO will log                    undeveloped land is adjacent to private                  Deadline for Transmittal of
                                               each request to make a comment, in the                   ranchlands owned by Davis Mesa                        Applications: August 24, 2018.
                                               order received, and the DFO and BoV                      Ranch, LLC, Davis Arch Ranch, LLC,                    ADDRESSES: For the addresses for
                                               Chairman will determine whether the                      and Davis Spear Ranch, LLC. The                       obtaining and submitting an
                                               subject matter of each comment is                        ranchland properties represent ideal                  application, please refer to our Common
                                               relevant to the BoV’s mission and/or the                 conditions for the commercial                         Instructions for Applicants to
                                               topics to be addressed in this public                    development of wind energy generation.                Department of Education Discretionary
                                               meeting. A period near the end of the                    For the exchange of 1,240 acres of Air                Grant Programs, published in the
                                               meeting will be available for verbal                     Force real property the owner of these                Federal Register on February 12, 2018
daltland on DSKBBV9HB2PROD with NOTICES




                                               public comments. Members of the                          properties has agreed to convey 160                   (83 FR 6003) and available at
                                               public who have requested to make a                      acres of ranchland on the eastern                     www.gpo.gov/fdsys/pkg/FR-2018-02-12/
                                               verbal comment and whose comments                        perimeter of the range utilizing 10                   pdf/2018-02558.pdf.
                                               have been deemed relevant under the                      U.S.C. 2869 authority.                                FOR FURTHER INFORMATION CONTACT: Tina
                                               process described in this paragraph, will                   In conjunction with the exchange, the              Diamond, U.S. Department of
                                               be allotted no more than five (5)                        same landowner has agreed to convey a                 Education, 400 Maryland Avenue SW,
                                               minutes during this period, and will be                  perpetual restrictive use easement on                 Room 5136, Potomac Center Plaza,


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                                               35248                        Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices

                                               Washington, DC 20202–5108.                               disabilities (State educational agencies              families and educators and EIS
                                               Telephone: (202) 245–6674.                               (SEAs), local educational agencies                    providers (Government Accountability
                                                  If you use a telecommunications                       (LEAs), schools, Part C State lead                    Office, 2003).
                                               device for the deaf (TDD) or a text                      agencies, and early intervention service                 Due Process Hearings. In due process
                                               telephone (TTY), call the Federal Relay                  (EIS) providers). The procedural                      hearings, IDEA requires that an
                                               Service (FRS), toll free, at 1–800–877–                  safeguards include the opportunity to                 impartial, knowledgeable decision-
                                               8339.                                                    seek a timely resolution of disputes                  maker resolve disputes. While due
                                               SUPPLEMENTARY INFORMATION:                               about establishing a child’s eligibility              process hearings are an important
                                                                                                        under IDEA and providing a free                       protection, they can be costly, time-
                                               Full Text of Announcement                                appropriate public education (FAPE) to                consuming, and contentious, and they
                                               I. Funding Opportunity Description                       an eligible child or the appropriate EIS              may damage relationships between the
                                                                                                        to infants and toddlers with disabilities.            parties involved in the dispute.
                                                  Purpose of Program: The purpose of                    Thus, IDEA encourages constructive                       Resolution Session. The 2004
                                               the Technical Assistance and                             relationships between parents of                      amendments to IDEA added a
                                               Dissemination to Improve Services and                    children with disabilities and those who              requirement for a resolution session
                                               Results for Children with Disabilities                   provide services to children with                     prior to a due process hearing. The
                                               program is to promote academic                           disabilities by facilitating open                     resolution session requirement applies
                                               achievement and to improve results for                   communication between the parents                     to all IDEA Part B due process
                                               children with disabilities by providing                  and these entities and encouraging early              complaints and to those IDEA Part C
                                               technical assistance, supporting model                   resolution of disputes so that                        due process complaints filed in a State
                                               demonstration projects, disseminating                    disagreements do not escalate and                     that has elected to adopt the Part B-type
                                               useful information, and implementing                     become adversarial and result in a delay              due process hearing procedures in 34
                                               activities that are supported by                         in identifying, and providing needed                  CFR 303.440 through 303.449. Under
                                               scientifically based research.                           services to, eligible children. IDEA’s                section 615(f)(1)(B) of IDEA, the LEA (or
                                                  Priority: In accordance with 34 CFR                   dispute resolution procedures include                 in the case of IDEA Part C, under 34
                                               75.105(b)(2)(v), this priority is from                   provisions for State complaints,                      CFR 303.442, the State lead agency)
                                               allowable activities specified in the                    mediation, due process complaints, and                must convene a meeting with the
                                               statute (see sections 663 and 681(d) of                  resolution sessions, as described below.              parents and relevant members of the
                                               the Individuals with Disabilities                           State Complaints. IDEA’s State                     child’s individualized education
                                               Education Act (IDEA); 20 U.S.C. 1463                     complaint procedures permit parents                   program (IEP) or individualized family
                                               and 1481(d)).                                            and other interested individuals or                   service plan (IFSP) team who have
                                                  Absolute Priority: For FY 2018 and                    organizations to file a complaint with                specific knowledge of the facts
                                               any subsequent year in which we make                     the SEA or Part C State lead agency to                identified in the complaint. This
                                               awards from the list of unfunded                         seek resolution of any alleged violations             provides the parents and the agency
                                               applications from this competition, this                 of IDEA. The goal of the State complaint              responsible for providing service to a
                                               priority is an absolute priority. Under 34               procedures is to resolve disputes while               child with an opportunity to resolve the
                                               CFR 75.105(c)(3), we consider only                       avoiding costly or time-consuming due                 complaint and avoid a due process
                                               applications that meet this priority.                    process hearings (34 CFR 300.151                      hearing.
                                                  This priority is:                                     through 300.153—Part B regulations; 34                   Early Resolution Practices. In addition
                                                  Center on Dispute Resolution.                         CFR 303.432 through 303.434—Part C                    to these methods of dispute resolution
                                                  Background: The mission of the                        regulations). The State complaint                     specifically required under IDEA, there
                                               Office of Special Education and                          procedures provide an important means                 are a variety of informal or ‘‘early
                                               Rehabilitative Services (OSERS) is to                    of ensuring that the educational or early             resolution’’ practices that can be used to
                                               improve early childhood, educational,                    intervention needs of children with                   resolve disputes at the school or district
                                               and employment outcomes and raise                        disabilities are met (34 CFR 300.151 and              level and avoid time-consuming and
                                               expectations for all people with                         303.432).                                             costly litigation.
                                               disabilities, their families, their                         Mediation. In response to increasing                  Each SEA and Part C State lead
                                               communities, and the Nation. This                        numbers of due process complaints                     agency is responsible for annually
                                               priority is consistent with Supplemental                 under Part B of IDEA, Congress                        reporting data on dispute resolution
                                               Priority 1 in the Secretary’s Final                      amended IDEA in 1997 to require SEAs                  activity to the Office of Special
                                               Supplemental Priorities and Definitions                  and Part C State lead agencies to make                Education Programs (OSEP) to help
                                               for Discretionary Grant Programs,                        mediation available, at a minimum,                    determine the extent to which States
                                               published in the Federal Register on                     whenever a due process complaint is                   effectively implement dispute
                                               March 2, 2018 (83 FR 9096)                               filed. In 2004, Congress further                      resolution practices. The data collected
                                               (Supplemental Priorities)—Empowering                     amended section 615(e) of IDEA to                     by OSEP include information on the
                                               Families and Individuals To Choose a                     allow parties to use mediation to resolve             timeliness of State complaint reports
                                               High-Quality Education That Meets                        disputes involving any matter under                   and due process hearing decisions, the
                                               Their Unique Needs; and Supplemental                     IDEA, not just those matters that are the             percentage of due process complaints
                                               Priority 5—Meeting the Unique Needs                      subject of a due process complaint, thus              that were resolved through settlement
                                               of Students and Children With                            making mediation available at any time                agreements, and mediations resulting in
                                               Disabilities and/or Those With Unique                    and on any matter under IDEA. (This                   agreements.
                                               Gifts and Talents.                                       amendment also applies to Part C                         An analysis of national data trends in
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                                                  IDEA includes procedural safeguards                   through section 639(a)(8) of IDEA.) In                dispute resolution conducted by the
                                               that are designed to protect the rights of               mediation, the goal is for a neutral third            Center for Appropriate Dispute
                                               children with disabilities and their                     party to facilitate the resolution of                 Resolution in Special Education
                                               parents and to provide parents with                      disputes without the need for an                      (CADRE) shows declines in processes,
                                               mechanisms for resolving, at the earliest                adversarial hearing. Thus, mediation is               such as written State complaints and
                                               point in time, disputes with those who                   more likely than due process hearings to              due process complaints, and increases
                                               provide services to children with                        foster positive relationships between                 in the use of collaborative approaches,


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                                                                            Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices                                           35249

                                               such as mediation and IEP facilitation                      (f) Improved capacity of OSEP-funded                  (2) Improve outcomes in dispute
                                               (CADRE, 2017). However, OSEP’s most                      parent centers to provide TA on the                   resolution compliance and performance
                                               recent analysis of Annual Performance                    range of effective dispute resolution                 for SEAs and Part C State lead agencies
                                               Reports (APRs) shows that States                         options;                                              and increase the implementation of
                                               continue to fall short of their targets for                 (g) Increased knowledge of OSEP-                   early resolution practices.
                                               agreement rates in resolution sessions.                  funded parent centers, parents, and                      (3) Improve communication between
                                               A survey of State officials indicated that               families about school choice as it relates            parents and families and education
                                               a lack of public awareness about early                   to due process and procedural                         professionals to minimize conflict and
                                               resolution practices presents a challenge                safeguards under IDEA; and                            increase the use of collaborative
                                               to expanding their use, which                               (h) An annual analysis of State and                problem-solving and dispute resolution
                                               demonstrates a need for additional                       national trends and other data about                  practices.
                                               technical assistance (TA), dissemination                 dispute resolution to determine the                      (b) Demonstrate, in the narrative
                                               of information, and coordination with                    extent to which SEAs and Part C State                 section of the application under
                                               parent organizations (Government                         lead agencies have—                                   ‘‘Quality of the Project Services,’’ how
                                               Accountability Office, 2014). OSEP-                         (i) Met the required timelines when                the proposed project will—
                                               funded parent TA providers have noted                    resolving State complaints and issuing                   (1) Ensure equal access and treatment
                                               that this lack of awareness is prevalent                 due process hearing decisions;                        for members of groups that have
                                               among vulnerable populations due to                         (ii) Used resolution meetings and                  traditionally been underrepresented
                                               language, informational, or economic                     mediation to successfully resolve                     based on race, color, national origin,
                                               barriers.                                                disputes between parents and LEAs or                  gender, age, or disability. To meet this
                                                  Priority: The purpose of this priority                EIS providers; and                                    requirement, the applicant must
                                               is to fund a cooperative agreement to                       (iii) Implemented effective methods of             describe how it will—
                                               establish and operate a Center on                        early dispute resolution.                                (i) Identify the needs of the intended
                                               Dispute Resolution (Center). This Center                    In addition to these programmatic                  recipients for TA and information; and
                                               will provide TA to SEAs, Part C State                    requirements, to be considered for                       (ii) Ensure that services and products
                                               lead agencies, and OSEP-funded parent                    funding under this priority, applicants               meet the needs of the intended
                                               centers to improve the implementation                    must meet the application and                         recipients of the grant;
                                               of all of the dispute resolution practices               administrative requirements in this
                                               required under IDEA, along with any                                                                               (2) Achieve its goals, objectives, and
                                                                                                        priority, which are:
                                               optional early resolution strategies that                                                                      intended outcomes. To meet this
                                                                                                           (a) Demonstrate, in the narrative
                                               may be available. The Center must                                                                              requirement, the applicant must
                                                                                                        section of the application under
                                               achieve, at a minimum, the following                                                                           provide—
                                                                                                        ‘‘Significance of the Project,’’ how the
                                               expected outcomes:                                       proposed project will—                                   (i) Measurable intended project
                                                  (a) Increased capacity of SEAs and                       (1) Address gaps or weaknesses in                  outcomes; and
                                               Part C State lead agencies to support                    State or local dispute resolution                        (ii) In Appendix A, the logic model
                                               local implementation of effective early                  performance and compliance to meet                    (as defined in this notice) by which the
                                               resolution practices to resolve disputes                 the dispute resolution needs of SEA and               proposed project will achieve its
                                               and thereby decrease State complaints                    Part C State lead agency personnel, as                intended outcomes that depicts, at a
                                               and due process complaints;                              well as the needs of parents and                      minimum, the goals, activities, outputs,
                                                  (b) Increased capacity of SEAs and                    families, including those from                        and intended outcomes of the proposed
                                               Part C State lead agencies to collect,                   vulnerable populations who may be less                project;
                                               report, and use high-quality dispute                     likely to access dispute resolution due                  (3) Use a conceptual framework (and
                                               resolution data;                                         to language, informational, or economic               provide a copy in Appendix A) to
                                                  (c) Increased body of knowledge on                    barriers. To meet this requirement the                develop project plans and activities,
                                               dispute prevention and exemplary                         applicant must—                                       describing any underlying concepts,
                                               dispute resolution practices to meet the                    (i) Demonstrate knowledge of                       assumptions, expectations, beliefs, or
                                               dispute resolution needs of parents and                  exemplary dispute resolution practices                theories, as well as the presumed
                                               families, including those from                           that will assist SEAs and Part C State                relationships or linkages among these
                                               vulnerable populations who may be less                   lead agencies in improving dispute                    variables, and any empirical support for
                                               likely to access dispute resolution due                  resolution, especially practices that will            this framework;
                                               to language, informational, or economic                  assist agencies in meeting compliance                    Note: The following websites provide
                                               barriers;                                                and performance targets and                           more information on logic models and
                                                  (d) Improved access for hearing                       implementing effective early resolution               conceptual frameworks:
                                               officers to information on emerging                      practices;                                            www.osepideasthatwork.org/logicModel
                                               issues related to special education and                     (ii) Present information about the                 and www.osepideasthatwork.org/
                                               early intervention dispute resolution;                   current level of implementation of                    resources-grantees/program-areas/ta-ta/
                                                  (e) Improved ability of SEAs and Part                 exemplary dispute resolution practices                tad-project-logic-model-and-conceptual-
                                               C State lead agencies to implement a                     in SEAs and Part C State lead agencies,               framework.
                                               range of dispute resolution options,                     especially practices that will assist                    (4) Be based on current research on
                                               including methods of dispute resolution                  agencies in meeting compliance and                    effective dispute resolution practices,
                                               required under IDEA and early                            performance targets and implementing                  provide services that assist SEAs and
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                                               resolution practices and to support                      effective early resolution practices; and             Part C State lead agencies to comply
                                               SEAs and Part C State lead agencies in                      (iii) Present national, State, or local            with IDEA requirements, and draw from
                                               ensuring that dispute resolution options                 data on the financial and administrative              the knowledge base of effective early
                                               are not affected by administrative                       burden of involvement in dispute                      resolution evidence-based (as defined in
                                               constraints (e.g., staffing or target                    resolution and discuss strategies for                 this notice) practices (EBPs). To meet
                                               agreement rates for mediation                            minimizing these burdens for all parties              this requirement, the applicant must
                                               agreements and resolution sessions);                     involved.                                             describe—


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                                               35250                         Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices

                                                 (i) The current research on effective                  available resources, and ability to build              plan must describe: Measures of
                                               dispute resolution practices, including                  capacity at the local level; and                       progress in implementation, including
                                               early resolution EBPs;                                      (iv) Its proposed approach to                       the criteria for determining the extent to
                                                 (ii) The current research about adult                  intensive, sustained TA,3 which must                   which the project’s products and
                                               learning principles and implementation                   identify—                                              services have met the goals for reaching
                                               science that will inform the proposed                       (A) The intended recipients,                        its target population; measures of
                                               TA; and                                                  including the type and number of                       intended outcomes or results of the
                                                 (iii) How the proposed project will                    recipients, that will receive the products             project’s activities in order to evaluate
                                               incorporate current research and EBPs                    and services, a description of the                     those activities; and how well the goals
                                               in the development and delivery of its                   products and services that the Center                  or objectives of the proposed project, as
                                               products and services;                                   proposes to make available, and the                    described in its logic model, have been
                                                 (5) Develop products and provide                       expected impact of those products and                  met.
                                               services that are of high quality and                    services under this approach;                             The applicant must provide an
                                               sufficient intensity and duration to                        (B) Its proposed approach to measure                assurance that, in designing the
                                               achieve the intended outcomes of the                     the dispute resolution needs and                       evaluation plan, it will—
                                               proposed project. To address this                        readiness of SEAs, Part C State lead                      (1) Designate, with the approval of the
                                               requirement, the applicant must                          agencies, and parent centers to work                   OSEP project officer, a project liaison
                                               describe—                                                with the project, including their                      staff person with sufficient dedicated
                                                 (i) How it proposes to identify or                     commitment to the initiative, alignment                time, experience in evaluation, and
                                               develop the knowledge base in special                    of the initiative to their needs, current              knowledge of the project to work in
                                               education dispute resolution;                            infrastructure, available resources, and               collaboration with the Center to
                                                 (ii) Its proposed approach to                          ability of the SEAs, Part C State lead                 Improve Program and Project
                                               universal, general TA,1 which must                       agencies, and parent centers to build                  Performance (CIP3),4 the project
                                               identify the intended recipients,                        capacity at the local school district or               director, and the OSEP project officer on
                                               including the type and number of                         program level;                                         the following tasks:
                                                                                                           (C) Its proposed plan for assisting                    (i) Revise, as needed, the logic model
                                               recipients, that will receive the products
                                                                                                        SEAs and Part C State lead agencies to                 submitted in the application to provide
                                               and services, a description of the
                                                                                                        build or enhance training systems                      for a more comprehensive measurement
                                               products and services that the Center
                                                                                                        related to special education dispute                   of implementation and outcomes and to
                                               proposes to make available, and the
                                                                                                        resolution that include professional                   reflect any changes or clarifications to
                                               expected impact of those products and
                                                                                                        development based on adult learning                    the model discussed at the kick-off
                                               services under this approach;
                                                                                                        principles and coaching; and                           meeting;
                                                 (iii) Its proposed approach to targeted,                  (D) Its proposed plan for working with
                                               specialized TA,2 which must identify—                                                                              (ii) Refine the evaluation design and
                                                                                                        appropriate levels of the education                    instrumentation proposed in the
                                                 (A) The intended recipients,                           system (e.g., SEAs, Part C State lead
                                               including the type and number of                                                                                application consistent with the logic
                                                                                                        agencies, regional TA providers, parents               model (e.g., prepare evaluation
                                               recipients, that will receive the products               and families) to ensure that there is
                                               and services, a description of the                                                                              questions about significant program
                                                                                                        communication between each level and                   processes and outcomes; develop
                                               products and services that the Center                    that there are systems in place to
                                               proposes to make available, and the                                                                             quantitative or qualitative data
                                                                                                        support the use of effective dispute                   collections that permit both the
                                               expected impact of those products and                    resolution practices, including early
                                               services under this approach; and                                                                               collection of progress data, including
                                                                                                        resolution EBPs;                                       fidelity of implementation, as
                                                 (B) Its proposed approach to measure                      (6) Develop products and implement
                                               the dispute resolution needs and                                                                                appropriate, and the assessment of
                                                                                                        services that are impartial and maximize
                                               readiness of potential TA recipients to                                                                         project outcomes; and identify analytic
                                                                                                        efficiency. To address this requirement,
                                               work with the project, assessing, at a                                                                          strategies); and
                                                                                                        the applicant must describe—
                                               minimum, their current infrastructure,                      (i) How the proposed project will use                  (iii) Revise, as needed, the evaluation
                                                                                                        technology to achieve the intended                     plan submitted in the application such
                                                  1 ‘‘Universal, general TA’’ means TA and
                                                                                                        project outcomes;                                      that it clearly—
                                               information provided to independent users through           (ii) With whom the proposed project                    (A) Specifies the measures and
                                               their own initiative, resulting in minimal                                                                      associated instruments or sources for
                                               interaction with TA center staff and including one-      will collaborate and the intended
                                               time, invited or offered conference presentations by     outcomes of this collaboration; and                    data appropriate to the evaluation
                                               TA center staff. This category of TA also includes          (iii) How the proposed project will                 questions, suggests analytic strategies
                                               information or products, such as newsletters,            use non-project resources to achieve the               for those data, provides a timeline for
                                               guidebooks, or research syntheses, downloaded                                                                   conducting the evaluation, and includes
                                               from the TA center’s website by independent users.
                                                                                                        intended project outcomes.
                                               Brief communications by TA center staff with                (c) In the narrative section of the                 staff assignments for completing the
                                               recipients, either by telephone or email, are also       application under ‘‘Quality of the                     plan;
                                               considered universal, general TA.                        Evaluation Plan,’’ include an evaluation
                                                  2 ‘‘Targeted, specialized TA’’ means TA services                                                               4 The major tasks of CIP3 are to guide, coordinate,
                                                                                                        plan for the project as described in the
                                               based on needs common to multiple recipients and                                                                and oversee the design of formative evaluations for
                                               not extensively individualized. A relationship is        following paragraphs. The evaluation                   every large discretionary investment (i.e., those
                                               established between the TA recipient and one or                                                                 awarded $500,000 or more per year and required to
                                               more TA center staff. This category of TA includes         3 ‘‘Intensive, sustained TA’’ means TA services      participate in the 3+2 process) in OSEP’s Technical
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                                               one-time, labor-intensive events, such as facilitating   often provided on-site and requiring a stable,         Assistance and Dissemination; Personnel
                                               strategic planning or hosting regional or national       ongoing relationship between the TA center staff       Development; Parent Training and Information
                                               conferences. It can also include episodic, less labor-   and the TA recipient. ‘‘TA services’’ are defined as   Centers; and Educational Technology, Media, and
                                               intensive events that extend over a period of time,      negotiated series of activities designed to reach a    Materials programs. The efforts of CIP3 are expected
                                               such as facilitating a series of conference calls on     valued outcome. This category of TA should result      to enhance individual project evaluation plans by
                                               single or multiple topics that are designed around       in changes to policy, program, practice, or            providing expert and unbiased TA in designing the
                                               the needs of the recipients. Facilitating                operations that support increased recipient capacity   evaluations with due consideration of the project’s
                                               communities of practice can also be considered           or improved outcomes at one or more systems            budget. CIP3 does not function as a third-party
                                               targeted, specialized TA.                                levels.                                                evaluator.



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                                                                            Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices                                               35251

                                                  (B) Delineates the data expected to be                   (4) The proposed project will benefit              the requirements of 34 CFR 75.253(a), as
                                               available by the end of the second                       from a diversity of perspectives,                     well as—
                                               project year for use during the project’s                including those of families, educators,                  (a) The recommendation of a 3+2
                                               evaluation (3+2 review) for continued                    TA providers, researchers, and policy                 review team consisting of experts
                                               funding described under the heading                      makers, among others, in its                          selected by the Secretary. This review
                                               Fourth and Fifth Years of the Project;                   development and operation.                            will be conducted during a one-day
                                               and                                                         (f) Address the following application              intensive meeting that will be held
                                                  (C) Can be used to assist the project                 requirements. The applicant must—                     during the last half of the second year
                                               director and the OSEP project officer,                      (1) Include, in Appendix A,                        of the project period;
                                               with the assistance of CIP3, as needed,                  personnel-loading charts and timelines,                  (b) The timeliness with which, and
                                               to specify the performance measures to                   as applicable, to illustrate the                      how well, the requirements of the
                                               be addressed in the project’s Annual                     management plan described in the                      negotiated cooperative agreement have
                                               Performance Report;                                      narrative;                                            been or are being met by the project; and
                                                  (2) Cooperate with CIP3 staff in order                   (2) Include, in the budget, attendance                (c) The quality, relevance, and
                                               to accomplish the tasks described in                     at the following:                                     usefulness of the project’s products and
                                               paragraph (1) of this section; and                          (i) A one and one-half day kick-off                services and the extent to which the
                                                  (3) Dedicate sufficient funds in each                 meeting in Washington, DC, after receipt              project’s products and services are
                                               budget year to cover the costs of                        of the award, and an annual planning                  aligned with the project’s objectives and
                                               carrying out the tasks described in                      meeting, with the OSEP project officer                likely to result in the project achieving
                                               paragraphs (1) and (2) of this section                   and other relevant staff during each                  its intended outcomes.
                                               and implementing the evaluation plan.                    subsequent year of the project period.                References
                                                  (d) Demonstrate, in the narrative                        Note: Within 30 days of receipt of the
                                               section of the application under                         award, a post-award teleconference                    Center for Appropriate Dispute Resolution in
                                               ‘‘Adequacy of Project Resources,’’                       must be held between the OSEP project                     Special Education (CADRE). (2017).
                                                                                                                                                                  Trends in dispute resolution under the
                                               how—                                                     officer and the grantee’s project director                Individuals with Disabilities Education
                                                  (1) The proposed project will                         or other authorized representative;                       Act (IDEA). Eugene, OR: CADRE.
                                               encourage applications for employment                       (ii) A two and one-half day project                    Retrieved from www.cadreworks.org/
                                               from persons who are members of                          directors’ conference in Washington,                      sites/default/files/TrendsinDispute
                                               groups that have traditionally been                      DC, during each year of the project                       Resolution%20DEC17.pdf.
                                               underrepresented based on race, color,                   period;                                               Government Accountability Office. (2003).
                                               national origin, gender, age, or                            (iii) Two annual two-day trips to                      Numbers of formal disputes are generally
                                               disability, as appropriate;                              attend Department briefings,                              low and States are using mediation and
                                                                                                                                                                  other strategies to resolve conflicts (GAO
                                                  (2) The proposed key project                          Department-sponsored conferences, and
                                                                                                                                                                  Publication No. 03–897). Washington,
                                               personnel, consultants, and                              other meetings, as requested by OSEP;                     DC: Government Printing Office.
                                               subcontractors have the qualifications                   and                                                   Government Accountability Office. (2014).
                                               and experience to carry out the                             (iv) A one-day intensive 3+2 review                    Improved performance measures could
                                               proposed activities and achieve the                      meeting during the last half of the                       enhance oversight of dispute resolution
                                               project’s intended outcomes;                             second year of the project period;                        (GAO Publication No. 14–390).
                                                  (3) The applicant and any key                            (3) Include, in the budget, a line item                Washington, DC: Government Printing
                                               partners have adequate resources to                      for an annual set-aside of five percent of                Office.
                                               carry out the proposed activities; and                   the grant amount to support emerging                     Definitions: The following definitions
                                                  (4) The proposed costs are reasonable                 needs that are consistent with the                    are from 34 CFR 77.1:
                                               in relation to the anticipated results and               proposed project’s intended outcomes,                    Demonstrates a rationale means a key
                                               benefits.                                                as those needs are identified in                      project component included in the
                                                  (e) Demonstrate, in the narrative                     consultation with, and approved by, the               project’s logic model is informed by
                                               section of the application under                         OSEP project officer. With approval                   research or evaluation findings that
                                               ‘‘Quality of the Management Plan,’’                      from the OSEP project officer, the                    suggest the project component is likely
                                               how—                                                     project must reallocate any remaining                 to improve relevant outcomes.
                                                  (1) The proposed management plan                      funds from this annual set-aside no later                Evidence-based means the proposed
                                               will ensure that the project’s intended                  than the end of the third quarter of each             project component is supported by one
                                               outcomes will be achieved on time and                    budget period;                                        or more of strong evidence, moderate
                                               within budget. To address this                              (4) Maintain a high-quality website,               evidence, promising evidence, or
                                               requirement, the applicant must                          with an easy-to-navigate design, that                 evidence that demonstrates a rationale.
                                               describe—                                                meets government or industry-                            Experimental study means a study
                                                  (i) Clearly defined responsibilities for              recognized standards for accessibility;               that is designed to compare outcomes
                                               key project personnel, consultants, and                  and                                                   between two groups of individuals
                                               subcontractors, as applicable; and                          (5) Include, in Appendix A, an                     (such as students) that are otherwise
                                                  (ii) Timelines and milestones for                     assurance to assist OSEP with the                     equivalent except for their assignment
                                               accomplishing the project tasks;                         transfer of pertinent resources and                   to either a treatment group receiving a
                                                  (2) Key project personnel and any                     products and to maintain the continuity               project component or a control group
                                               consultants and subcontractors will be                   of services to TA recipients during the               that does not. Randomized controlled
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                                               allocated and how these allocations are                  transition to this new award period and               trials, regression discontinuity design
                                               appropriate and adequate to achieve the                  at the end of this award period, as                   studies, and single-case design studies
                                               project’s intended outcomes;                             appropriate.                                          are the specific types of experimental
                                                  (3) The proposed management plan                         Fourth and Fifth Years of the Project:             studies that, depending on their design
                                               will ensure that the products and                           In deciding whether to continue                    and implementation (e.g., sample
                                               services provided are of high quality,                   funding the project for the fourth and                attrition in randomized controlled trials
                                               relevant, and useful to recipients; and                  fifth years, the Secretary will consider              and regression discontinuity design


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                                               35252                        Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices

                                               studies), can meet What Works                               (A) Meets WWC standards with or                    of baseline equivalence of the groups
                                               Clearinghouse (WWC) standards                            without reservations;                                 being compared), can meet WWC
                                               without reservations as described in the                    (B) Includes at least one statistically            standards with reservations, but cannot
                                               WWC Handbook:                                            significant and positive (i.e., favorable)            meet WWC standards without
                                                  (i) A randomized controlled trial                     effect on a relevant outcome;                         reservations, as described in the WWC
                                               employs random assignment of, for                           (C) Includes no overriding statistically           Handbook.
                                               example, students, teachers, classrooms,                 significant and negative effects on                      Relevant outcome means the student
                                               or schools to receive the project                        relevant outcomes reported in the study               outcome(s) or other outcome(s) the key
                                               component being evaluated (the                           or in a corresponding WWC                             project component is designed to
                                               treatment group) or not to receive the                   intervention report prepared under                    improve, consistent with the specific
                                               project component (the control group).                   version 2.1 or 3.0 of the WWC                         goals of the program.
                                                  (ii) A regression discontinuity design                Handbook; and                                            Strong evidence means that there is
                                               study assigns the project component                         (D) Is based on a sample from more                 evidence of the effectiveness of a key
                                               being evaluated using a measured                         than one site (e.g., State, county, city,             project component in improving a
                                               variable (e.g., assigning students reading               school district, or postsecondary                     relevant outcome for a sample that
                                               below a cutoff score to tutoring or                      campus) and includes at least 350                     overlaps with the populations and
                                               developmental education classes) and                     students or other individuals across                  settings proposed to receive that
                                               controls for that variable in the analysis               sites. Multiple studies of the same                   component, based on a relevant finding
                                               of outcomes.                                             project component that each meet                      from one of the following:
                                                  (iii) A single-case design study uses                 requirements in paragraphs (iii)(A), (B),                (i) A practice guide prepared by the
                                               observations of a single case (e.g., a                   and (C) of this definition may together               WWC using version 2.1 or 3.0 of the
                                               student eligible for a behavioral                        satisfy this requirement.                             WWC Handbook reporting a ‘‘strong
                                               intervention) over time in the absence                      Project component means an activity,               evidence base’’ for the corresponding
                                               and presence of a controlled treatment                   strategy, intervention, process, product,             practice guide recommendation;
                                               manipulation to determine whether the                    practice, or policy included in a project.               (ii) An intervention report prepared
                                               outcome is systematically related to the                 Evidence may pertain to an individual                 by the WWC using version 2.1 or 3.0 of
                                               treatment.                                               project component or to a combination                 the WWC Handbook reporting a
                                                                                                        of project components (e.g., training                 ‘‘positive effect’’ on a relevant outcome
                                                  Logic model (also referred to as a
                                                                                                        teachers on instructional practices for               based on a ‘‘medium to large’’ extent of
                                               theory of action) means a framework
                                                                                                        English learners and follow-on coaching               evidence, with no reporting of a
                                               that identifies key project components
                                                                                                        for these teachers).                                  ‘‘negative effect’’ or ‘‘potentially
                                               of the proposed project (i.e., the active
                                                                                                           Promising evidence means that there                negative effect’’ on a relevant outcome;
                                               ‘‘ingredients’’ that are hypothesized to
                                                                                                        is evidence of the effectiveness of a key             or
                                               be critical to achieving the relevant
                                                                                                        project component in improving a                         (iii) A single experimental study
                                               outcomes) and describes the theoretical
                                                                                                        relevant outcome, based on a relevant                 reviewed and reported by the WWC
                                               and operational relationships among the
                                                                                                        finding from one of the following:                    using version 2.1 or 3.0 of the WWC
                                               key project components and relevant                         (i) A practice guide prepared by WWC               Handbook, or otherwise assessed by the
                                               outcomes.                                                reporting a ‘‘strong evidence base’’ or               Department using version 3.0 of the
                                                  Moderate evidence means that there is                 ‘‘moderate evidence base’’ for the                    WWC Handbook, as appropriate, and
                                               evidence of effectiveness of a key                       corresponding practice guide                          that—
                                               project component in improving a                         recommendation;                                          (A) Meets WWC standards without
                                               relevant outcome for a sample that                          (ii) An intervention report prepared               reservations;
                                               overlaps with the populations or                         by the WWC reporting a ‘‘positive                        (B) Includes at least one statistically
                                               settings proposed to receive that                        effect’’ or ‘‘potentially positive effect’’           significant and positive (i.e., favorable)
                                               component, based on a relevant finding                   on a relevant outcome with no reporting               effect on a relevant outcome;
                                               from one of the following:                               of a ‘‘negative effect’’ or ‘‘potentially                (C) Includes no overriding statistically
                                                  (i) A practice guide prepared by the                  negative effect’’ on a relevant outcome;              significant and negative effects on
                                               WWC using version 2.1 or 3.0 of the                      or                                                    relevant outcomes reported in the study
                                               WWC Handbook reporting a ‘‘strong                           (iii) A single study assessed by the               or in a corresponding WWC
                                               evidence base’’ or ‘‘moderate evidence                   Department, as appropriate, that—                     intervention report prepared under
                                               base’’ for the corresponding practice                       (A) Is an experimental study, a quasi-             version 2.1 or 3.0 of the WWC
                                               guide recommendation;                                    experimental design study, or a well-                 Handbook; and
                                                  (ii) An intervention report prepared                  designed and well-implemented                            (D) Is based on a sample from more
                                               by the WWC using version 2.1 or 3.0 of                   correlational study with statistical                  than one site (e.g., State, county, city,
                                               the WWC Handbook reporting a                             controls for selection bias (e.g., a study            school district, or postsecondary
                                               ‘‘positive effect’’ or ‘‘potentially positive            using regression methods to account for               campus) and includes at least 350
                                               effect’’ on a relevant outcome based on                  differences between a treatment group                 students or other individuals across
                                               a ‘‘medium to large’’ extent of evidence,                and a comparison group); and                          sites. Multiple studies of the same
                                               with no reporting of a ‘‘negative effect’’                  (B) Includes at least one statistically            project component that each meet
                                               or ‘‘potentially negative effect’’ on a                  significant and positive (i.e., favorable)            requirements in paragraphs (iii)(A), (B),
                                               relevant outcome; or                                     effect on a relevant outcome.                         and (C) of this definition may together
                                                  (iii) A single experimental study or                     Quasi-experimental design study                    satisfy this requirement.
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                                               quasi-experimental design study                          means a study using a design that                        What Works Clearinghouse Handbook
                                               reviewed and reported by the WWC                         attempts to approximate an                            (WWC Handbook) means the standards
                                               using version 2.1 or 3.0 of the WWC                      experimental study by identifying a                   and procedures set forth in the WWC
                                               Handbook, or otherwise assessed by the                   comparison group that is similar to the               Procedures and Standards Handbook,
                                               Department using version 3.0 of the                      treatment group in important respects.                Version 3.0 or Version 2.1 (incorporated
                                               WWC Handbook, as appropriate, and                        This type of study, depending on design               by reference, see 34 CFR 77.2). Study
                                               that—                                                    and implementation (e.g., establishment               findings eligible for review under WWC


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                                                                            Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices                                             35253

                                               standards can meet WWC standards                           2. Cost Sharing or Matching: This                   headings, footnotes, quotations,
                                               without reservations, meet WWC                           program does not require cost sharing or              reference citations, and captions, as well
                                               standards with reservations, or not meet                 matching.                                             as all text in charts, tables, figures,
                                               WWC standards. WWC practice guides                         3. Subgrantees: Under 34 CFR                        graphs, and screen shots.
                                               and intervention reports include                         75.708(b) and (c) a grantee under this                   • Use a font that is 12 point or larger.
                                               findings from systematic reviews of                      competition may award subgrants—to                       • Use one of the following fonts:
                                               evidence as described in the Handbook                    directly carry out project activities                 Times New Roman, Courier, Courier
                                               documentation.                                           described in its application—to the                   New, or Arial.
                                                  Waiver of Proposed Rulemaking:                        following types of entities: IHEs and                    The recommended page limit does not
                                               Under the Administrative Procedure Act                   private nonprofit organizations suitable              apply to Part I, the cover sheet; Part II,
                                               (APA) (5 U.S.C. 553) the Department                      to carry out the activities proposed in               the budget section, including the
                                               generally offers interested parties the                  the application. The grantee may award                narrative budget justification; Part IV,
                                               opportunity to comment on proposed                       subgrants to entities it has identified in            the assurances and certifications; or the
                                               priorities and requirements. Section                     an approved application.                              abstract (follow the guidance provided
                                               681(d) of IDEA, however, makes the                         4. Other: (a) Recipients of funding                 in the application package for
                                               public comment requirements of the                       under this competition must make                      completing the abstract), the table of
                                               APA inapplicable to the priority in this                 positive efforts to employ and advance                contents, the list of priority
                                               notice.                                                  in employment qualified individuals                   requirements, the resumes, the reference
                                                  Program Authority: 20 U.S.C. 1463                     with disabilities (see section 606 of                 list, the letters of support, or the
                                               and 1481.                                                IDEA).                                                appendices. However, the
                                                  Applicable Regulations: (a) The                         (b) Applicants for, and recipients of,              recommended page limit does apply to
                                               Education Department General                             funding must, with respect to the                     all of the application narrative,
                                               Administrative Regulations in 34 CFR                     aspects of their proposed project                     including all text in charts, tables,
                                               parts 75, 77, 79, 81, 82, 84, 86, 97, 98,                relating to the absolute priority, involve            figures, graphs, and screen shots.
                                               and 99. (b) The Office of Management                     individuals with disabilities, or parents
                                                                                                        of individuals with disabilities ages                 V. Application Review Information
                                               and Budget Guidelines to Agencies on
                                               Governmentwide Debarment and                             birth through 26, in planning,                           1. Selection Criteria: The selection
                                               Suspension (Nonprocurement) in 2 CFR                     implementing, and evaluating the                      criteria for this competition are from 34
                                               part 180, as adopted and amended as                      project (see section 682(a)(1)(A) of                  CFR 75.210 and are as follows:
                                               regulations of the Department in 2 CFR                   IDEA).                                                   (a) Significance (10 points).
                                               part 3485. (c) The Uniform                                                                                        (1) The Secretary considers the
                                                                                                        IV. Application and Submission                        significance of the proposed project.
                                               Administrative Requirements, Cost                        Information
                                               Principles, and Audit Requirements for                                                                            (2) In determining the significance of
                                               Federal Awards in 2 CFR part 200, as                        1. Application Submission                          the proposed project, the Secretary
                                               adopted and amended as regulations of                    Instructions: For information on how to               considers the following factors:
                                               the Department in 2 CFR part 3474.                       submit an application please refer to our                (i) The extent to which specific gaps
                                                  Note: The regulations in 34 CFR part                  Common Instructions for Applicants to                 or weaknesses in services,
                                               79 apply to all applicants except                        Department of Education Discretionary                 infrastructure, or opportunities have
                                               federally recognized Indian Tribes.                      Grant Programs, published in the                      been identified and will be addressed by
                                                  Note: The regulations in 34 CFR part                  Federal Register on February 12, 2018                 the proposed project, including the
                                               86 apply to institutions of higher                       (83 FR 6003) and available at                         nature and magnitude of those gaps or
                                               education (IHEs) only.                                   www.gpo.gov/fdsys/pkg/FR-2018-02-12/                  weaknesses.
                                                                                                        pdf/2018-02558.pdf.                                      (ii) The importance or magnitude of
                                               II. Award Information                                       2. Intergovernmental Review: This                  the results or outcomes likely to be
                                                  Type of Award: Cooperative                            competition is subject to Executive                   attained by the proposed project.
                                               agreement.                                               Order 12372 and the regulations in 34                    (b) Quality of project services (35
                                                  Estimated Available Funds: $750,000.                  CFR part 79. However, under 34 CFR                    points).
                                                  Contingent upon the availability of                   79.8(a), we waive intergovernmental                      (1) The Secretary considers the
                                               funds and the quality of applications,                   review in order to make an award by the               quality of the services to be provided by
                                               we may make additional awards in FY                      end of FY 2018.                                       the proposed project.
                                               2019 from the list of unfunded                              3. Funding Restrictions: We reference                 (2) In determining the quality of the
                                               applications from this competition.                      regulations outlining funding                         services to be provided by the proposed
                                                  Maximum Award: We will not make                       restrictions in the Applicable                        project, the Secretary considers the
                                               an award exceeding $750,000 for a                        Regulations section of this notice.                   quality and sufficiency of strategies for
                                               single budget period of 12 months.                          4. Recommended Page Limit: The                     ensuring equal access and treatment for
                                                  Estimated Number of Awards: 1.                        application narrative (Part III of the                eligible project participants who are
                                                  Note: The Department is not bound by                  application) is where you, the applicant,             members of groups that have
                                               any estimates in this notice.                            address the selection criteria that                   traditionally been underrepresented
                                                  Project Period: Up to 60 months.                      reviewers use to evaluate your                        based on race, color, national origin,
                                                                                                        application. We recommend that you (1)                gender, age, or disability.
                                               III. Eligibility Information                                                                                      (3) In addition, the Secretary
                                                                                                        limit the application narrative to no
                                                 1. Eligible Applicants: SEAs; LEAs,                    more than 70 pages and (2) use the                    considers the following factors:
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                                               including public charter schools that                    following standards:                                     (i) The extent to which the goals,
                                               operate as LEAs under State law; IHEs;                      • A ‘‘page’’ is 8.5″ x 11″, on one side            objectives, and outcomes to be achieved
                                               other public agencies; private nonprofit                 only, with 1″ margins at the top, bottom,             by the proposed project are clearly
                                               organizations; freely associated States                  and both sides.                                       specified and measurable.
                                               and outlying areas; Indian Tribes or                        • Double space (no more than three                    (ii) The extent to which there is a
                                               Tribal organizations; and for-profit                     lines per vertical inch) all text in the              conceptual framework underlying the
                                               organizations.                                           application narrative, including titles,              proposed research or demonstration


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                                               35254                        Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices

                                               activities and the quality of that                       project director or principal                         funds, achievement of project
                                               framework.                                               investigator.                                         objectives, and compliance with grant
                                                  (iii) The extent to which the services                   (ii) The qualifications, including                 conditions. The Secretary may also
                                               to be provided by the proposed project                   relevant training and experience, of key              consider whether the applicant failed to
                                               reflect up-to-date knowledge from                        project personnel.                                    submit a timely performance report or
                                               research and effective practice.                            (iii) The qualifications, including                submitted a report of unacceptable
                                                  (iv) The extent to which the training                 relevant training and experience, of                  quality.
                                               or professional development services to                  project consultants or subcontractors.                   In addition, in making a competitive
                                               be provided by the proposed project are                     (iv) The qualifications, including                 grant award, the Secretary requires
                                               of sufficient quality, intensity, and                    relevant training, experience, and                    various assurances, including those
                                               duration to lead to improvements in                      independence, of the evaluator.                       applicable to Federal civil rights laws
                                               practice among the recipients of those                      (v) The adequacy of support,                       that prohibit discrimination in programs
                                               services.                                                including facilities, equipment,                      or activities receiving Federal financial
                                                  (v) The extent to which the technical                 supplies, and other resources, from the               assistance from the Department of
                                               assistance services to be provided by the                applicant organization or the lead                    Education (34 CFR 100.4, 104.5, 106.4,
                                               proposed project involve the use of                      applicant organization.                               108.8, and 110.23).
                                               efficient strategies, including the use of                  (vi) The relevance and demonstrated                   3. Additional Review and Selection
                                               technology, as appropriate, and the                      commitment of each partner in the                     Process Factors: In the past, the
                                               leveraging of non-project resources.                     proposed project to the implementation                Department has had difficulty finding
                                                  (vi) The adequacy of mechanisms for                   and success of the project.                           peer reviewers for certain competitions
                                               ensuring high-quality products and                          (vii) The extent to which the budget               because so many individuals who are
                                               services from the proposed project.                      is adequate to support the proposed                   eligible to serve as peer reviewers have
                                                  (c) Quality of the project evaluation                 project.                                              conflicts of interest. The standing panel
                                               (20 points).                                                (viii) The extent to which the costs are           requirements under section 682(b) of
                                                  (1) The Secretary considers the                       reasonable in relation to the objectives,             IDEA also have placed additional
                                               quality of the evaluation to be                          design, and potential significance of the             constraints on the availability of
                                               conducted of the proposed project.                       proposed project.                                     reviewers. Therefore, the Department
                                                  (2) In determining the quality of the                    (e) Quality of the management plan                 has determined that for some
                                               evaluation, the Secretary considers the                  (20 points).                                          discretionary grant competitions,
                                               following factors:                                          (1) The Secretary considers the                    applications may be separated into two
                                                  (i) The extent to which the methods                   quality of the management plan for the                or more groups and ranked and selected
                                               of evaluation are thorough, feasible, and                proposed project.                                     for funding within specific groups. This
                                               appropriate to the goals, objectives, and                   (2) In determining the quality of the              procedure will make it easier for the
                                               outcomes of the proposed project.                        management plan for the proposed                      Department to find peer reviewers by
                                                  (ii) The extent to which the methods                  project, the Secretary considers the                  ensuring that greater numbers of
                                               of evaluation provide for examining the                  following factors:                                    individuals who are eligible to serve as
                                               effectiveness of project implementation                     (i) The adequacy of the management                 reviewers for any particular group of
                                               strategies.                                              plan to achieve the objectives of the                 applicants will not have conflicts of
                                                  (iii) The extent to which the methods                 proposed project on time and within                   interest. It also will increase the quality,
                                               of evaluation will provide performance                   budget, including clearly defined                     independence, and fairness of the
                                               feedback and permit periodic                             responsibilities, timelines, and                      review process, while permitting panel
                                               assessment of progress toward achieving                  milestones for accomplishing project                  members to review applications under
                                               intended outcomes.                                       tasks.                                                discretionary grant competitions for
                                                  (iv) The extent to which the methods                     (ii) The extent to which the time                  which they also have submitted
                                               of evaluation include the use of                         commitments of the project director and               applications.
                                               objective performance measures that are                  principal investigator and other key                     4. Risk Assessment and Specific
                                               clearly related to the intended outcomes                 project personnel are appropriate and                 Conditions: Consistent with 2 CFR
                                               of the project and will produce                          adequate to meet the objectives of the                200.205, before awarding grants under
                                               quantitative and qualitative data to the                 proposed project.                                     this competition the Department
                                               extent possible.                                            (iii) The adequacy of mechanisms for               conducts a review of the risks posed by
                                                  (d) Adequacy of resources and quality                 ensuring high-quality products and                    applicants. Under 2 CFR 3474.10, the
                                               of project personnel (15 points).                        services from the proposed project.                   Secretary may impose specific
                                                  (1) The Secretary considers the                          (iv) How the applicant will ensure                 conditions and, in appropriate
                                               adequacy of resources for the proposed                   that a diversity of perspectives are                  circumstances, high-risk conditions on a
                                               project and the quality of the personnel                 brought to bear in the operation of the               grant if the applicant or grantee is not
                                               who will carry out the proposed project.                 proposed project, including those of                  financially stable; has a history of
                                                  (2) In determining the quality of                     parents, teachers, the business                       unsatisfactory performance; has a
                                               project personnel, the Secretary                         community, a variety of disciplinary                  financial or other management system
                                               considers the extent to which the                        and professional fields, recipients or                that does not meet the standards in 2
                                               applicant encourages applications for                    beneficiaries of services, or others, as              CFR part 200, subpart D; has not
                                               employment from persons who are                          appropriate.                                          fulfilled the conditions of a prior grant;
                                               members of groups that have                                 2. Review and Selection Process: We                or is otherwise not responsible.
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                                               traditionally been underrepresented                      remind potential applicants that in                      5. Integrity and Performance System:
                                               based on race, color, national origin,                   reviewing applications in any                         If you are selected under this
                                               gender, age, or disability.                              discretionary grant competition, the                  competition to receive an award that
                                                  (3) In addition, the Secretary                        Secretary may consider, under 34 CFR                  over the course of the project period
                                               considers the following factors:                         75.217(d)(3), the past performance of the             may exceed the simplified acquisition
                                                  (i) The qualifications, including                     applicant in carrying out a previous                  threshold (currently $150,000), under 2
                                               relevant training and experience, of the                 award, such as the applicant’s use of                 CFR 200.205(a)(2) we must make a


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                                                                            Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices                                            35255

                                               judgment about your integrity, business                  works. Additionally, a grantee or                     educational or early intervention policy
                                               ethics, and record of performance under                  subgrantee that is awarded competitive                or practice.
                                               Federal awards—that is, the risk posed                   grant funds must have a plan to                          • Program Performance Measure #4:
                                               by you as an applicant—before we make                    disseminate these public grant                        The cost efficiency of the Technical
                                               an award. In doing so, we must consider                  deliverables. This dissemination plan                 Assistance and Dissemination Program
                                               any information about you that is in the                 can be developed and submitted after                  includes the percentage of milestones
                                               integrity and performance system                         your application has been reviewed and                achieved in the current annual
                                               (currently referred to as the Federal                    selected for funding. For additional                  performance report period and the
                                               Awardee Performance and Integrity                        information on the open licensing                     percentage of funds spent during the
                                               Information System (FAPIIS)),                            requirements please refer to 2 CFR                    current fiscal year.
                                               accessible through the System for                        3474.20.                                                 • Long-term Program Performance
                                               Award Management. You may review                           4. Reporting: (a) If you apply for a                Measure: The percentage of States
                                               and comment on any information about                     grant under this competition, you must                receiving Special Education Technical
                                               yourself that a Federal agency                           ensure that you have in place the                     Assistance and Dissemination services
                                               previously entered and that is currently                 necessary processes and systems to                    regarding scientifically or evidence-
                                               in FAPIIS.                                               comply with the reporting requirements                based practices for infants, toddlers,
                                                  Please note that, if the total value of               in 2 CFR part 170 should you receive                  children, and youth with disabilities
                                               your currently active grants, cooperative                funding under the competition. This                   that successfully promote the
                                               agreements, and procurement contracts                    does not apply if you have an exception               implementation of those practices in
                                               from the Federal Government exceeds                      under 2 CFR 170.110(b).                               school districts and service agencies.
                                               $10,000,000, the reporting requirements                     (b) At the end of your project period,                The measures apply to projects
                                               in 2 CFR part 200, Appendix XII,                         you must submit a final performance                   funded under this competition, and
                                               require you to report certain integrity                  report, including financial information,              grantees are required to submit data on
                                               information to FAPIIS semiannually.                      as directed by the Secretary. If you                  these measures as directed by OSEP.
                                               Please review the requirements in 2 CFR                  receive a multiyear award, you must                      Grantees will be required to report
                                               part 200, Appendix XII, if this grant                    submit an annual performance report                   information on their project’s
                                               plus all the other Federal funds you                     that provides the most current                        performance in annual and final
                                               receive exceed $10,000,000.                              performance and financial expenditure                 performance reports to the Department
                                                                                                        information as directed by the Secretary              (34 CFR 75.590).
                                               VI. Award Administration Information                     under 34 CFR 75.118. The Secretary                       6. Continuation Awards: In making a
                                                  1. Award Notices: If your application                 may also require more frequent                        continuation award under 34 CFR
                                               is successful, we notify your U.S.                       performance reports under 34 CFR                      75.253, the Secretary considers, among
                                               Representative and U.S. Senators and                     75.720(c). For specific requirements on               other things: Whether a grantee has
                                               send you a Grant Award Notification                      reporting, please go to www.ed.gov/                   made substantial progress in achieving
                                               (GAN); or we may send you an email                       fund/grant/apply/appforms/                            the goals and objectives of the project;
                                               containing a link to access an electronic                appforms.html.                                        whether the grantee has expended funds
                                               version of your GAN. We may notify                          5. Performance Measures: Under the                 in a manner that is consistent with its
                                               you informally, also.                                    Government Performance and Results                    approved application and budget; and,
                                                  If your application is not evaluated or               Act of 1993, the Department has                       if the Secretary has established
                                               not selected for funding, we notify you.                 established a set of performance                      performance measurement
                                                  2. Administrative and National Policy                 measures, including long-term                         requirements, the performance targets in
                                               Requirements: We identify                                measures, that are designed to yield                  the grantee’s approved application.
                                               administrative and national policy                       information on various aspects of the                    In making a continuation award, the
                                               requirements in the application package                  effectiveness and quality of the                      Secretary also considers whether the
                                               and reference these and other                            Technical Assistance and Dissemination                grantee is operating in compliance with
                                               requirements in the Applicable                           to Improve Services and Results for                   the assurances in its approved
                                               Regulations section of this notice.                      Children With Disabilities program.                   application, including those applicable
                                                  We reference the regulations outlining                These measures are:                                   to Federal civil rights laws that prohibit
                                               the terms and conditions of an award in                     • Program Performance Measure #1:                  discrimination in programs or activities
                                               the Applicable Regulations section of                    The percentage of Technical Assistance                receiving Federal financial assistance
                                               this notice and include these and other                  and Dissemination products and                        from the Department (34 CFR 100.4,
                                               specific conditions in the GAN. The                      services deemed to be of high quality by              104.5, 106.4, 108.8, and 110.23).
                                               GAN also incorporates your approved                      an independent review panel of experts
                                               application as part of your binding                      qualified to review the substantive                   VII. Other Information
                                               commitments under the grant.                             content of the products and services.                   Accessible Format: Individuals with
                                                  3. Open Licensing Requirements:                          • Program Performance Measure #2:                  disabilities can obtain this document
                                               Unless an exception applies, if you are                  The percentage of Special Education                   and a copy of the application package in
                                               awarded a grant under this competition,                  Technical Assistance and Dissemination                an accessible format (e.g., braille, large
                                               you will be required to openly license                   products and services deemed by an                    print, audiotape, or compact disc) by
                                               to the public grant deliverables created                 independent review panel of qualified                 contacting the Management Support
                                               in whole, or in part, with Department                    experts to be of high relevance to                    Services Team, U.S. Department of
                                               grant funds. When the deliverable                        educational and early intervention                    Education, 400 Maryland Avenue SW,
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                                               consists of modifications to pre-existing                policy or practice.                                   Room 5113, Potomac Center Plaza,
                                               works, the license extends only to those                    • Program Performance Measure #3:                  Washington, DC 20202–2500.
                                               modifications that can be separately                     The percentage of all Special Education               Telephone: (202) 245–7363. If you use a
                                               identified and only to the extent that                   Technical Assistance and Dissemination                TDD or a TTY, call the FRS, toll free, at
                                               open licensing is permitted under the                    products and services deemed by an                    1–800–877–8339.
                                               terms of any licenses or other legal                     independent review panel of qualified                   Electronic Access to This Document:
                                               restrictions on the use of pre-existing                  experts to be useful in improving                     The official version of this document is


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                                               35256                        Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices

                                               the document published in the Federal                    addressed to the Director of the                      workforce and beyond. What students
                                               Register. You may access the official                    Information Collection Clearance                      decide to pursue when, why, and how
                                               edition of the Federal Register and the                  Division, U.S. Department of Education,               are crucial questions for HSLS:09,
                                               Code of Federal Regulations via the                      550 12th Street, SW, PCP, Room 9089,                  especially, but not solely, in regards to
                                               Federal Digital System at: www.gpo.gov/                  Washington, DC 20202–0023.                            science, technology, engineering, and
                                               fdsys. At this site you can view this                    FOR FURTHER INFORMATION CONTACT: For                  math (STEM) courses, majors, and
                                               document, as well as all other                           specific questions related to collection              careers. HSLS:09 measured math
                                               documents of this Department                             activities, please contact Kashka                     achievement gains in the first 3 years of
                                               published in the Federal Register, in                    Kubzdela, 202–502–7411 or email                       high school and, like past studies,
                                               text or Portable Document Format                         NCES.Information.Collections@ed.gov.                  surveyed students, their parents, school
                                               (PDF). To use PDF you must have                          SUPPLEMENTARY INFORMATION: The                        administrators, school counselors, and
                                               Adobe Acrobat Reader, which is                           Department of Education (ED), in                      teachers. After the initial 2009 data
                                               available free at the site.                              accordance with the Paperwork                         collection, the main study students were
                                                 You may also access documents of the                   Reduction Act of 1995 (PRA) (44 U.S.C.                re-surveyed in 2012 when most were
                                               Department published in the Federal                      3506(c)(2)(A)), provides the general                  high school 11th-graders, then again in
                                               Register by using the article search                     public and Federal agencies with an                   2013 when most had just graduated
                                               feature at: www.federalregister.gov.                     opportunity to comment on proposed,                   from high school, and lastly in 2016.
                                               Specifically, through the advanced                       revised, and continuing collections of                The 2016 second follow-up data
                                               search feature at this site, you can limit               information. This helps the Department                collection consisted of a survey,
                                               your search to documents published by                    assess the impact of its information                  postsecondary transcript collection,
                                               the Department.                                          collection requirements and minimize                  financial aid records collection, and file
                                                 Dated: July 19, 2018.                                  the public’s reporting burden. It also                matching to extant data sources. It
                                               Johnny W. Collett,                                       helps the public understand the                       focused on postsecondary attendance
                                               Assistant Secretary for Special Education and            Department’s information collection                   patterns, field of study selection
                                               Rehabilitative Services.                                 requirements and provide the requested                processes with particular emphasis on
                                               [FR Doc. 2018–15932 Filed 7–24–18; 8:45 am]              data in the desired format. ED is                     STEM, the postsecondary academic and
                                                                                                        soliciting comments on the proposed                   social experience, education financing,
                                               BILLING CODE 4000–01–P
                                                                                                        information collection request (ICR) that             employment history including instances
                                                                                                        is described below. The Department of                 of unemployment and
                                               DEPARTMENT OF EDUCATION                                  Education is especially interested in                 underemployment, job characteristics
                                                                                                        public comment addressing the                         including income and benefits, job
                                               [Docket No. ED–2018–ICCD–0077]                                                                                 values, family formation, and civic
                                                                                                        following issues: (1) Is this collection
                                                                                                        necessary to the proper functions of the              engagement. The HSLS:09 data elements
                                               Agency Information Collection                                                                                  are designed to support research that
                                               Activities; Comment Request; High                        Department; (2) will this information be
                                                                                                        processed and used in a timely manner;                speaks to the underlying dynamics and
                                               School Longitudinal Study of 2009                                                                              education processes that influence
                                               (HSLS: 09) Panel Maintenance 2018                        (3) is the estimate of burden accurate;
                                                                                                        (4) how might the Department enhance                  student achievement, growth, and
                                               and 2021                                                                                                       personal development over time. This
                                                                                                        the quality, utility, and clarity of the
                                               AGENCY:   National Center for Education                  information to be collected; and (5) how              request is to conduct the HSLS:09 panel
                                               Statistics (NCES), Department of                         might the Department minimize the                     maintenance to keep sample members’
                                               Education (ED).                                          burden of this collection on the                      contact information up-to-date for future
                                               ACTION: Notice.                                          respondents, including through the use                follow-up activities.
                                                                                                        of information technology. Please note                  Dated: July 20, 2018.
                                               SUMMARY:   In accordance with the                        that written comments received in                     Stephanie Valentine,
                                               Paperwork Reduction Act of 1995, ED is                   response to this notice will be
                                               proposing a revision of an existing                                                                            Acting Director, Information Collection
                                                                                                        considered public records.                            Clearance Division, Office of the Chief Privacy
                                               information collection.                                     Title of Collection: High School                   Officer, Office of Management.
                                               DATES: Interested persons are invited to                 Longitudinal Study of 2009 (HSLS: 09)                 [FR Doc. 2018–15871 Filed 7–24–18; 8:45 am]
                                               submit comments on or before                             Panel Maintenance 2018 and 2021.                      BILLING CODE 4000–01–P
                                               September 24, 2018.                                         OMB Control Number: 1850–0852.
                                               ADDRESSES: To access and review all the                     Type of Review: A revision of an
                                               documents related to the information                     existing information collection.                      DEPARTMENT OF EDUCATION
                                               collection listed in this notice, please                    Respondents/Affected Public:
                                               use http://www.regulations.gov by                        Individuals or Households.                            Applications for New Awards;
                                               searching the Docket ID number ED–                          Total Estimated Number of Annual                   Technical Assistance and
                                               2018–ICCD–0077. Comments submitted                       Responses: 9,326.                                     Dissemination To Improve Services
                                               in response to this notice should be                        Total Estimated Number of Annual                   and Results for Children With
                                               submitted electronically through the                     Burden Hours: 778.                                    Disabilities, School Safety National
                                               Federal eRulemaking Portal at http://                       Abstract: The High School                          Activities, and Student Support and
                                               www.regulations.gov by selecting the                     Longitudinal Study of 2009 (HSLS:09) is               Academic Enrichment (SSAE) Grants
                                               Docket ID number or via postal mail,                     a nationally representative, longitudinal             Programs—National Technical
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                                               commercial delivery, or hand delivery.                   study of more than 20,000 9th graders                 Assistance Center on Positive
                                               Please note that comments submitted by                   in 944 schools in 2009 who are being                  Behavioral Interventions and Supports
                                               fax or email and those submitted after                   followed through their secondary and
                                               the comment period will not be                           postsecondary years. The study focuses                AGENCY:  Office of Special Education and
                                               accepted. Written requests for                           on understanding students’ trajectories               Rehabilitative Services, Office of
                                               information or comments submitted by                     from the beginning of high school into                Elementary and Secondary Education,
                                               postal mail or delivery should be                        postsecondary education or the                        Department of Education.


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Document Created: 2018-07-25 00:44:10
Document Modified: 2018-07-25 00:44:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesApplications Available: July 25, 2018.
ContactTina Diamond, U.S. Department of Education, 400 Maryland Avenue SW, Room 5136, Potomac Center Plaza, Washington, DC 20202-5108. Telephone: (202) 245-6674.
FR Citation83 FR 35247 

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