Proposed Rule2022-01802
Proposed Priority-State Personnel Development Grants
Primary source
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Published
February 1, 2022
Issuing agencies
Education Department
Abstract
The Office of Special Education and Rehabilitative Services (OSERS) proposes a funding priority under the State Personnel Development Grants (SPDG) program, which assists States in reforming and improving their systems for personnel preparation and personnel development in order to improve results for children with disabilities. We take this action to focus attention on the need to improve results for children with disabilities and their families by supporting a comprehensive system of personnel development (CSPD) for the Individuals with Disabilities Education Act (IDEA) Part C Grants for Infants and Families program. The Department may use the proposed priority for competitions in fiscal year (FY) 2022 and later years.
Full Text
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<title>Federal Register, Volume 87 Issue 21 (Tuesday, February 1, 2022)</title>
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[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Proposed Rules]
[Pages 5432-5435]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01802]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2021-OSERS-0160]
Proposed Priority--State Personnel Development Grants
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Proposed priority.
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SUMMARY: The Office of Special Education and Rehabilitative Services
(OSERS) proposes a funding priority under the State Personnel
Development Grants (SPDG) program, which assists States in reforming
and improving their systems for personnel preparation and personnel
development in order to improve results for children with disabilities.
We take this action to focus attention on the need to improve results
for children with disabilities and their families by supporting a
comprehensive system of personnel development (CSPD) for the
Individuals with Disabilities Education Act (IDEA) Part C Grants for
Infants and Families program. The Department may use the proposed
priority for competitions in fiscal year (FY) 2022 and later years.
DATES: We must receive your comments on or before March 3, 2022.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments by fax or by email or those submitted after the comment
period. Please submit your comments only one time, in order to ensure
that we do not receive duplicate copies. In addition, please include
the Docket ID at the top of your comments.
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> to
submit your comments electronically. Information
[[Page 5433]]
on using <a href="http://Regulations.gov">Regulations.gov</a>, including instructions for accessing agency
documents, submitting comments, and viewing the docket, is available on
the site under ``Help.''
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
FOR FURTHER INFORMATION CONTACT: Jennifer Coffey, U.S. Department of
Education, 400 Maryland Avenue SW, Room 5161, Potomac Center Plaza,
Washington, DC 20202-5076. Telephone: (202) 245-6673. Email:
<a href="/cdn-cgi/l/email-protection#b8f2ddd6d6d1deddca96fbd7dededdc1f8dddc96dfd7ce"><span class="__cf_email__" data-cfemail="8ec4ebe0e0e7e8ebfca0cde1e8e8ebf7ceebeaa0e9e1f8">[email protected]</span></a>.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
the proposed priority. To ensure that your comments have maximum effect
in developing the final priority, we urge you to comment only on the
proposed priority.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866 and 13563 and their overall
requirement of reducing regulatory burden that might result from the
proposed priority. Please let us know of any further ways we could
reduce potential costs or increase potential benefits while preserving
the effective and efficient administration of the program.
During and after the comment period, you may inspect all public
comments about the proposed priority by accessing <a href="http://Regulations.gov">Regulations.gov</a>. You
may also inspect the comments in person. Please contact the person
listed under FOR FURTHER INFORMATION CONTACT to make arrangements to
inspect the comments in person.
Assistance to Individuals With Disabilities in Reviewing the
Rulemaking Record: On request, we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for the proposed priority. If you want to
schedule an appointment for this type of accommodation or auxiliary
aid, please contact the person listed under FOR FURTHER INFORMATION
CONTACT.
Purpose of Program: The purpose of this program is to assist State
educational agencies (SEAs) in reforming and improving their systems
for personnel preparation and professional development in early
intervention, educational, and transition services to improve results
for children with disabilities.
Program Authority: 20 U.S.C. 1451-1455.
Proposed Priority
This notification contains one proposed priority.
Supporting an IDEA Part C Comprehensive System of Personnel
Development (CSPD).
Background: The purpose of this proposed priority is to support
further advancement of IDEA Part C CSPDs. Use of this proposed priority
would allow the Department to award funds competitively to SEAs to
provide to their State lead agencies (LAs) to further develop the IDEA
Part C statewide CSPD systems outlined in section 635(a)(8) of IDEA in
accordance with the State plan under section 653 of IDEA and implement
professional development activities that are authorized under the use
of funds provisions under section 654 of IDEA. In order to be
considered for a grant under this priority, if the SEA is not the State
LA for IDEA Part C, an SEA shall establish a partnership, consistent
with IDEA section 652(b)(1)(B), with the State LA, which is the State
lead agency responsible for administering IDEA Part C, including the
CSPD requirements.
Note: To carry out the State plan under section 653 of IDEA, as
described in its application, the SEA also may award contracts,
subgrants, or both to other public and private entities, including, if
appropriate, the State LA under Part C of IDEA.
We intend for this proposed priority to supplement the SPDG
statutory priority, published in the Federal Register on February 13,
2017 (82 FR 10470),\1\ as well as other relevant statutory and
regulatory priorities established by the Department. Specifically, all
applicants must meet the statutory requirements in sections 651 through
655 of the IDEA, 20 U.S.C. 1451-1455.
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\1\ <a href="http://www.federalregister.gov/documents/2017/02/13/2017-02895/applications-for-new-awards-state-personnel-development-grants-spdg-program">www.federalregister.gov/documents/2017/02/13/2017-02895/applications-for-new-awards-state-personnel-development-grants-spdg-program</a>.
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Proposed Priority: Projects designed to enable the State to meet
the CSPD requirements of section 635(a)(8) and (9) of the IDEA. In
order to be considered for a grant under this priority, if the SEA is
not the State LA for IDEA Part C, an SEA shall establish a partnership,
consistent with IDEA section 652(b)(1)(B), with the State LA
responsible for administering IDEA Part C. Consistent with IDEA section
635(a)(8), the purpose of this priority is to help improve the capacity
of States' IDEA Part C personnel development, including the training of
paraprofessionals and the training of primary referral sources with
respect to the basic components of early intervention services
available in the State. The CSPD must include: (1) Training personnel
to implement innovative strategies and activities for the recruitment
and retention of early education service providers; (2) Promoting the
preparation of early intervention providers who are fully and
appropriately qualified to provide early intervention services under
this part; and (3) Training personnel to coordinate transition services
for infants and toddlers with disabilities who are transitioning from
an early intervention service program under Part C of the Act to a
preschool program under section 619 of the Act, Head Start, Early Head
Start, an elementary school program under Part B of the Act, or another
appropriate program. The IDEA Part C CSPD may also include, consistent
with 34 CFR 303.118(b): (1) Training personnel to work in rural and
inner-city areas; (2) Training personnel in the emotional and social
development of young children; and (3) Training personnel to support
families in participating fully in the development and implementation
of the child's Individualized Family Service Plan; and (4) Training
personnel who provide services under this part using standards that are
consistent with early learning personnel development standards funded
under the State Advisory Council on Early Childhood Education and Care
established under the Head Start Act, if applicable. The SEA must
include in its State plan how it will partner with the State LA, if the
SEA is not the State LA for IDEA Part C, to implement these aspects of
the CSPD. The description of the partnership should indicate the amount
and percentage of SPDG funding that will support implementation of the
CSPD over the project period and how funding will complement current
efforts and investments (Federal IDEA Part C appropriations and State
and local funds) to implement the CSPD. The description should also
describe the extent to which funds will be used on activities to
increase and train personnel
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working with infants and toddlers and their families that have
historically been underserved by Part C.\2\
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\2\ If the provision requiring State IDEA Part C programs to
develop an equity plan is enacted in the FY2022 appropriations, then
projects must align their CSPD activities with State IDEA Part C
equity plans, which are plans to support equitable access to and
participation in Part C services in the State, particularly for
populations that have been traditionally underrepresented in the
program.
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Types of Priorities: When inviting applications for a competition
using one or more priorities, we designate the type of each priority as
absolute, competitive preference, or invitational through a notice in
the Federal Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Final Priority: We will announce the final priority in a document
in the Federal Register. We will determine the final priority after
considering responses to this document and other information available
to the Department. This document does not preclude us from proposing
additional priorities, requirements, definitions, or selection
criteria, subject to meeting applicable rulemaking requirements.
Note: This document does not solicit applications. In any year in
which we choose to use this proposed priority, we invite applications
through a notice in the Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Office of Management and Budget
(OMB) determines whether this regulatory action is ``significant'' and,
therefore, subject to the requirements of the Executive order and
subject to review by OMB. Section 3(f) of Executive Order 12866 defines
a ``significant regulatory action'' as an action likely to result in a
rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local, or
Tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
OMB has determined that this proposed regulatory action is not a
significant regulatory action subject to review by OMB under section
3(f) of Executive Order 12866.
We have also reviewed this proposed regulatory action under
Executive Order 13563, which supplements and explicitly reaffirms the
principles, structures, and definitions governing regulatory review
established in Executive Order 12866. To the extent permitted by law,
Executive Order 13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing this proposed priority only on a reasoned
determination that its benefits would justify the costs. In choosing
among alternative regulatory approaches, we selected the approach that
maximizes net benefits. Based on the analysis that follows, the
Department believes that this regulatory action is consistent with the
principles in Executive Order 13563.
The potential costs associated with this priority would be minimal,
while the potential benefits are significant. The Department believes
that this regulatory action does not impose significant costs on
eligible entities. Participation in this program is voluntary, and the
costs imposed on applicants by this regulatory action would be limited
to paperwork burden related to preparing an application. The potential
benefits of implementing the program would outweigh the costs incurred
by applicants, and the costs of carrying out activities associated with
the application will be paid for with program funds. For these reasons,
we have determined that the costs of implementation will not be
excessively burdensome for eligible applicants, including small
entities.
We also have determined that this regulatory action does not unduly
interfere with State, local, and Tribal governments in the exercise of
their governmental functions.
In accordance with these Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
In addition, we have considered the potential benefits of this
regulatory action and have noted these benefits in the background
section of this document.
Paperwork Reduction Act of 1995
The proposed priority contains information collection requirements
that are approved by OMB under OMB control number 1820-0028; the
proposed priority does not affect the currently approved data
collection.
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Clarity of the Regulations
Executive Order 12866 and the Presidential memorandum ``Plain
Language in Government Writing'' require each agency to write
regulations that are easy to understand.
The Secretary invites comments on how to make the proposed priority
easier to understand, including answers to questions such as the
following:
<bullet> Are the requirements in the proposed regulations clearly
stated?
<bullet> Do the proposed regulations contain technical terms or
other wording that interferes with their clarity?
<bullet> Does the format of the proposed regulations (grouping and
order of sections, use of headings, paragraphing, etc.) aid or reduce
their clarity?
<bullet> Would the proposed regulations be easier to understand if
we divided them into more (but shorter) sections?
<bullet> Could the description of the proposed regulations in the
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in
making the proposed regulations easier to understand? If so, how?
<bullet> What else could we do to make the proposed regulations
easier to understand?
To send any comments that concern how the Department could make
these proposed regulations easier to understand, see the instructions
in the ADDRESSES section.
Regulatory Flexibility Act Certification: The Secretary certifies
that this proposed regulatory action would not have a significant
economic impact on a substantial number of small entities. The U.S.
Small Business Administration Size Standards define ``small entities''
as for-profit or nonprofit institutions with total annual revenue below
$7,000,000 or, if they are institutions controlled by small
governmental jurisdictions (that are comprised of cities, counties,
towns, townships, villages, school districts, or special districts),
with a population of less than 50,000.
Participation in the SPDG program is voluntary. In addition, the
only eligible entities for this program are SEAs, which do not meet the
definition of a small entity. For these reasons, the proposed priority
would not impose any additional burden on small entities.
We invite comments from small eligible entities as to whether they
believe this proposed regulatory action would have a significant
economic impact on them and, if so, request evidence to support that
belief.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. One of the
objectives of the Executive order is to foster an intergovernmental
partnership and a strengthened federalism. The Executive order relies
on processes developed by State and local governments for coordination
and review of proposed Federal financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document and a copy of the application package in an
accessible format. The Department will provide the requestor with an
accessible format that may include Rich Text Format (RTF) or text
format (txt), a thumb drive, an MP3 file, braille, large print,
audiotape, or compact disc, or other accessible format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. 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
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Katherine Neas,
Deputy Assistant Secretary, Delegated the authority to perform the
functions and duties of the Assistant Secretary for the Office of
Special Education and Rehabilitative Services.
[FR Doc. 2022-01802 Filed 1-31-22; 8:45 am]
BILLING CODE 4000-01-P
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