Proposed Rule2022-05716
Proposed Priority and Requirements-Technical Assistance on State Data Collection-The Rhonda Weiss National Technical Assistance Center To Improve State Capacity To Collect, Report, Analyze, and Use Accurate IDEA Data in Accessible Formats
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Published
March 17, 2022
Issuing agencies
Education Department
Abstract
The Department of Education (Department) proposes a priority and requirements for the Rhonda Weiss National Technical Assistance Center to Improve State Capacity to Collect, Report, Analyze, and Use Accurate IDEA Data in Accessible Formats (Accessible Data Center) under the Technical Assistance on State Data Collection program, Assistance Listing Number 84.373Q. The Department may use this priority and these requirements for competitions in fiscal year (FY) 2022 and thereafter. We take this action to address an identified need for national technical assistance (TA) to improve the capacity of States to meet the data collection requirements under Part B and Part C of the Individuals with Disabilities Education Act (IDEA). This Accessible Data Center would support States in collecting, reporting, and determining how to best analyze and use their data in formats that provide equitable access and visualizations to persons with disabilities, particularly those with blindness, visual impairments, motor impairments, and intellectual disabilities. The Accessible Data Center would customize its TA to meet each State's specific needs.
Full Text
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<title>Federal Register, Volume 87 Issue 52 (Thursday, March 17, 2022)</title>
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[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Proposed Rules]
[Pages 15148-15155]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05716]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2022-OSERS-0038]
Proposed Priority and Requirements--Technical Assistance on State
Data Collection--The Rhonda Weiss National Technical Assistance Center
To Improve State Capacity To Collect, Report, Analyze, and Use Accurate
IDEA Data in Accessible Formats
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Proposed priority and requirements.
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SUMMARY: The Department of Education (Department) proposes a priority
and requirements for the Rhonda Weiss National Technical Assistance
Center to Improve State Capacity to Collect, Report, Analyze, and Use
Accurate IDEA Data in Accessible Formats (Accessible Data Center) under
the Technical Assistance on State Data Collection program, Assistance
Listing Number 84.373Q. The Department may use this priority and these
requirements for competitions in fiscal year (FY) 2022 and thereafter.
We take this action to address an identified need for national
technical assistance (TA) to improve the capacity of States to meet the
data
[[Page 15149]]
collection requirements under Part B and Part C of the Individuals with
Disabilities Education Act (IDEA). This Accessible Data Center would
support States in collecting, reporting, and determining how to best
analyze and use their data in formats that provide equitable access and
visualizations to persons with disabilities, particularly those with
blindness, visual impairments, motor impairments, and intellectual
disabilities. The Accessible Data Center would customize its TA to meet
each State's specific needs.
DATES: We must receive your comments on or before May 31, 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 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.''
<bullet> Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about the proposed priority and
requirements, address them to Richelle Davis, U.S. Department of
Education, 400 Maryland Avenue SW, Room 5025A, Potomac Center Plaza,
Washington, DC 20202-5108.
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: Richelle Davis, U.S. Department of
Education, 400 Maryland Avenue SW, Room 5025A, Potomac Center Plaza,
Washington, DC 20202-5108. Telephone: (202) 245-7401. Email:
<a href="/cdn-cgi/l/email-protection#87d5eee4efe2ebebe2a9c3e6f1eef4c7e2e3a9e0e8f1"><span class="__cf_email__" data-cfemail="0e5c676d666b62626b204a6f78677d4e6b6a20696178">[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 and requirements. To ensure that your comments
have maximum effect in developing the final priority and requirements,
we urge you to clearly identify the specific section of the proposed
priority or requirement that each comment addresses.
We are particularly interested in comments about whether the
proposed priority or any of the proposed requirements would be
challenging for new applicants to meet and, if so, how the proposed
priority or requirements could be revised to address potential
challenges.
Directed Questions:
1. What are the common challenges or barriers experienced by
parents of children with disabilities and other stakeholders with
disabilities, particularly those with blindness, visual impairments,
motor impairments, and intellectual disabilities, when accessing,
exploring, or engaging with IDEA data and other educational data on
government websites?
2. What accessibility features and interactive elements of a data
reporting system are necessary to allow parents of children with
disabilities and other stakeholders with disabilities, particularly
those with blindness, visual impairments, motor impairments, and
intellectual disabilities, to access and use data to answer their
essential questions?
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866 and 13563 to reduce any
regulatory burden that might result from the proposed priority and
requirements. Please let us know how we could further reduce potential
costs or increase potential benefits, while preserving effective and
efficient administration of the program.
During and after the comment period, you may inspect all public
comments about the proposed priority and requirements by accessing
<a href="http://Regulations.gov">Regulations.gov</a>. You also may inspect the comments in person. To
arrange in-person inspection, please contact the person listed under
FOR FURTHER INFORMATION CONTACT.
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 and requirements. To
schedule an appointment for this type of accommodation or auxiliary
aid, please contact the person listed under FOR FURTHER INFORMATION
CONTACT.
Purpose of Program: The purpose of the Technical Assistance on
State Data Collection program is to improve the capacity of States to
meet IDEA data collection and reporting requirements. Funding for the
program is authorized under section 611(c)(1) of IDEA. This section
gives the Secretary authority to reserve not more than \1/2\ of 1
percent of the amounts appropriated under Part B for each fiscal year
to provide TA activities authorized under section 616(i) of IDEA, to
improve the capacity of States to meet the data collection and
reporting requirements under Parts B and C of IDEA. The maximum amount
the Secretary may reserve under this set-aside for any fiscal year is
$25,000,000, cumulatively adjusted by the rate of inflation. For FY
2022, the inflation adjusted amount is $37,300,000. Section 616(i) of
IDEA requires the Secretary to review the data collection and analysis
capacity of States to ensure that data and information determined
necessary for implementation of section 616 of IDEA are collected,
analyzed, and accurately reported to the Secretary. It also requires
the Secretary to provide TA, where needed, to improve the capacity of
States to meet the IDEA Part B and Part C data collection requirements,
which include the data collection and reporting requirements in
sections 616 and 618 of IDEA. In addition, the Consolidated
Appropriations Act, 2021, Public Law 116-260, gives the Secretary
authority to use funds reserved under section 611(c) of IDEA to provide
TA to States to improve their capacity to administer and carry out
other services and activities to improve data collection, coordination,
quality, and use under Parts B and C of IDEA.
Program Authority: 20 U.S.C. 1411(c), 1416(i), 1418(c), 1442; and
the Consolidated Appropriations Act, 2021, Public Law 116-260, 134
Stat. 1182, 1601.
Note: Projects will be awarded and must be operated in a manner
consistent with the nondiscrimination requirements contained in Federal
civil rights laws.
Applicable Program Regulations: 34 CFR 300.702.
Proposed Priority:
This notice contains one proposed priority.
The Rhonda Weiss <SUP>1</SUP> National Technical Assistance Center
to Improve
[[Page 15150]]
State Capacity to Collect, Report, Analyze, and Use Accurate IDEA Data
in Accessible Formats.
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\1\ The Center is named in remembrance of Rhonda Weiss, who was
a senior attorney with the U.S. Department of Education, a staunch
advocate for disability rights, and a champion for ensuring equity
and accessibility for persons with disabilities. For more
information on Rhonda and her work to ensure equity and
accessibility for persons with disabilities please see: <a href="https://www.washingtonpost.com/dc-md-va/2021/12/13/blind-government-lawyer-disabilities-rights/">https://www.washingtonpost.com/dc-md-va/2021/12/13/blind-government-lawyer-disabilities-rights/</a>.
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Background:
According to the U.S. Census Bureau's 2019 American Community
Survey, 12.7 percent of the U.S. Population experiences disability
(more than 1 in 8 people). Approximately 2.3 percent, or over 7.4
million, U.S. citizens have a visual disability and 5.2 percent, or
close to 16 million U.S. citizens have a cognitive disability.
Disability impacts people of all ages, races, ethnicities, geographies,
and socio-economic groups.
The purpose of the Accessible Data Center is to improve State
capacity to accurately collect, report, analyze, and use the IDEA Part
B and Part C data reported under IDEA sections 616 and 618 in
accessible formats for persons with disabilities, particularly those
with blindness, visual impairments, motor impairments, and intellectual
disabilities.
Under the authority of IDEA sections 616 and 618, States are
required to collect and analyze data on infants, toddlers, and children
with disabilities and report on the data to the Department and the
public. Section 504 of the Rehabilitation Act of 1973, as amended
(Rehabilitation Act), requires States to publish data in a manner that
provides the same access and usability to persons with and without
disabilities. Currently, States struggle to report data in accessible
formats that also are dynamic and usable by data consumers with limited
statistical knowledge. To meet the demands of both statutes, States
generally rely on static data portrayals rather than dynamic
visualizations. The lack of available software to develop accessible,
dynamic and manipulatable data products creates inequitable access for
persons with disabilities, particularly those with blindness, visual
impairments, motor impairments, and intellectual disabilities.
The Accessible Data Center would increase the capacity of States to
collect, report, analyze, and use the IDEA Part B and Part C data
reported under IDEA sections 616 and 618 in accessible formats in two
ways: (1) By developing an openly licensed software program that allows
States to report and publish data products that are accessible, usable,
and manipulatable by persons with disabilities, particularly those with
blindness, visual impairments, motor impairments, and intellectual
disabilities, as well as by those persons without disabilities, and (2)
by providing TA on accessible data reporting and publication. By
developing an accessible and usable data reporting platform and
supporting States as they revise their data collection tools and
publish accessible data, both internal and external users will be
better positioned to analyze and use the data. Hazen et al. (2017) note
that both data analysis and data use by both internal and external
users can be integrated into the data quality process and used as a
tool for improving data quality. By increasing the capacity of States
to report their data in formats that are both accessible and useable,
this Center will aid in the improvement of data quality across the
States and ensure equitable access to IDEA data for all stakeholders.
Federal agencies have increasingly used open licensing to expand
the impact and reach of materials developed with Federal funds, enable
innovative use of those materials, and ensure that those materials and
resources are available to the public (U.S Department of State, 2017).
Open licensing gives permission to the public to use materials created
under the terms of the license and attribute to the creator under
copyright law. Pfenninger et al. (2017) noted that the benefit of open
licensing allows for the burden of the work to be shared and used more
broadly, avoids unnecessary duplication, supports learning to solutions
more quickly, and supports learning from one another to get to
solutions more quickly, and allows for research to be seen and used.
Additionally, open licensing helps to improve educational research
opportunities and systems, given the rapid pace of technological change
and ongoing advances.
Data visualizations can be difficult to access for persons with
disabilities. This difficulty is not limited to persons who are blind
and/or visually impaired, but also impacts those with cognitive and
learning disabilities, and those with visual or motor disabilities who
do not access their computers with a mouse or touchscreen. These
barriers have been amplified by the growing interest in, and use of,
infographics and interactive data displays and dashboards on websites
and in social media. In addition to difficulty with use, persons with
disabilities are often excluded as potential authors and designers of
data visualizations due to the inaccessibility of the computer-based
tools used to create and publish data displays. Despite legislation,
including sections 504 and 508 of the Rehabilitation Act, and Title III
of the Americans with Disabilities Act, potential data authors and
consumers with disabilities continue to be excluded from the data
sharing necessary for equal access and participation in civic
conversations, education, advocacy, and employment.
To extend the benefits and opportunities of data visualization
equitably and inclusively to all people, new tools must be developed
that prioritize access and usability for everyone. Developers and
designers should engage with people with disabilities (including
developers and designers with disabilities) to identify and integrate
accessibility solutions. Accessibly designed software and data
visualizations will increase access for those who have traditionally
been excluded and increase opportunities for all consumers and authors
to interact with data in new and preferred ways. Following the
principles of universal design, everyone benefits when we expand the
ability of people with disabilities to use and access information,
products, programs, and spaces with greater convenience and enjoyment.
In addition to equitable access and data availability, data
reporters face a growing problem of how to meaningfully publish large
datasets. Consumers need easy tools for conducting simple analyses,
comparing variables, and searching for data-based answers to unique and
changing questions. Interactive data visualizations increase confidence
in data reliability and provide stakeholders with opportunities to look
at data in new ways.
Modern, web-based data visualizations include the ability to
select, link, filter, and reorganize data, as well as the delivery of
3-D/multidimensional data representations that can be accessed from
multiple perspectives (Cota et al., 2017). Challenges to producing
interactive data visualizations include managing visual noise, fitting
large amounts of data onto limited screen sizes, and satisfying the
high-performance computation requirements behind dynamic visualizations
(Hajirahimova & Ismayilova, 2018). Innovative data interactivity and
manipulation solutions can also solve accessibility challenges.
Accessibility solutions for static images (which usually involve
written descriptions embedded in alt-tags in computer code) should
become standard practice, while simultaneously being
[[Page 15151]]
reimagined to accommodate responsive and animated representations of
data.
Proposed Priority:
Under this proposed priority, the Department provides funding for a
cooperative agreement to establish and operate the Rhonda Weiss
National Technical Assistance Center to Improve State Capacity to
Collect, Report, Analyze, and Use Accurate IDEA Data in Accessible
Formats (Accessible Data Center).
The Accessible Data Center will provide TA to help States better
meet current and future IDEA Part B and Part C data collection and
reporting requirements, improve data quality, and analyze and use the
data reported so that they are in accessible formats. The Accessible
Data Center's work will comply with the privacy and confidentiality
protections in the Family Educational Rights and Privacy Act (FERPA)
and IDEA and will not provide the Department with access to child-level
data. The Accessible Data Center must achieve at a minimum, the
following expected outcomes:
(a) Improved accessibility of the IDEA Part B and Part C data
reported and published under IDEA sections 616 and 618;
(b) Increased capacity of States to collect, report, analyze, and
use high-quality IDEA Part B and Part C data in accessible formats;
(c) Development of an open license, accessible software program,
for the publication of dynamic data products (consistent with the open
licensing requirement in 2 CFR 3474.20); and
(d) Development and documentation of a knowledge base related to
the accessible reporting and dynamic presentation of data.
In addition, the Accessible Data Center must provide a range of
targeted and general TA products and services for improving States'
capacity to accurately collect, report, analyze, and use IDEA section
616 and section 618 data in accessible formats for persons with
disabilities, particularly those with blindness, visual impairments,
motor impairments, and intellectual disabilities. Such TA must include,
at a minimum--
(a) Working with the Department to develop open-source electronic
tools to assist States in reporting their IDEA data in accessible
formats that allow for dynamic visualizations that can be manipulated
for persons with and without disabilities. The tools must utilize
accessibility best practices, exceed all Federal accessibility
requirements, and be designed to accommodate continued enhancements to
meet States' changing needs and updates in accessibility best practice;
(b) Developing a plan to maintain appropriate functionality of the
open-source electronic tools described in paragraph (a) as changes are
made to data collections, reporting requirements, accessibility best
practices, and accessibility requirements;
(c) Developing universal TA products, including a user manual and
instructions, and conducting training with State staff on use of the
open-source electronic tools; and
(d) Developing white papers and presentations that include tools
and solutions to challenges in the collection, reporting, analysis, and
use of IDEA data in accessible formats.
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 State challenges in collecting, analyzing, reporting,
and using the IDEA Part B and Part C data reported under IDEA sections
616 and 618 in formats that are both accessible to persons with visual
impairments and/or other disabilities, and also dynamic, to promote
enhanced data use that will improve data quality and identify
programmatic strengths and areas for improvement. To meet this
requirement the applicant must--
(i) Demonstrate knowledge of IDEA data collections, including data
required under IDEA sections 616 and 618;
(ii) Demonstrate knowledge of accessible reporting and dynamic
visualization, and document areas for further knowledge development;
(iii) Present information about the difficulties State educational
agencies (SEAs), State lead agencies (LAs), local educational agencies
(LEAs), early intervention service (EIS) providers, and schools have
encountered in meeting the requirements of section 504 of the
Rehabilitation Act when reporting IDEA data;
(iv) Present information about the difficulties SEAs, State LAs,
LEAs, EIS providers, and schools have in developing dynamic data
visualizations for public use; and
(2) Improve outcomes in collecting, analyzing, reporting, and using
the IDEA Part B and Part C data in formats that are accessible to
persons with visual impairments and/or other disabilities.
(b) Demonstrate, in the narrative section of the application under
``Quality of project services,'' how the proposed project will--
(1) Ensure equal access and treatment for members of groups that
have traditionally been underrepresented based on race, color, national
origin, gender, age, or disability. To meet this requirement, the
applicant must describe how it will--
(i) Identify the needs of the intended recipients and end users for
TA and information; and
(ii) Ensure that products and services meet the needs of the
intended TA recipients and end users;
(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 \2\ 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;
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\2\ Logic model (34 CFR 77.1) (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.
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(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: <a href="https://osepideasthatwork.org/sites/default/files/2021-12/ConceptualFramework_Updated.pdf">https://osepideasthatwork.org/sites/default/files/2021-12/ConceptualFramework_Updated.pdf</a> and
<a href="http://www.osepideasthatwork.org/resources-grantees/program-areas/ta-ta/tad-project-logic-model-and-conceptual-framework">www.osepideasthatwork.org/resources-grantees/program-areas/ta-ta/tad-project-logic-model-and-conceptual-framework</a>.
(4) Be based on current research and use evidence-based practices
(EBPs).\3\ To meet this requirement, the applicant must describe--
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\3\ For purposes of these requirements,``evidence-based
practices'' (EBPs) means, at a minimum, demonstrating a rationale
(as defined in 34 CFR 77.1) based on high-quality research findings
or positive evaluation that such activity, strategy, or intervention
is likely to improve student outcomes or other relevant outcomes.
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(i) The current research on the capacity of SEAs, State LAs, LEAs,
and EIS providers to report and use data, specifically section 616 and
section 618
[[Page 15152]]
data in a manner that allows persons with vision and/or other
disabilities, as well as those without, to access and dynamically
manipulate data, as both a means of improving data quality and
identifying strengths and areas for improvement;
(ii) How it will analyze and incorporate the views of end users
regarding the accessibility of tools currently available for data
collection, reporting, analysis, and use. Specifically, how it will
assess the overall accessibility, data manipulability, and the
accessibility of dynamic data visualizations for persons with and
without disabilities; and
(iii) How the proposed project will incorporate current research,
EBPs, and the needs of end users in the development and delivery of its
products and services;
(5) How it will develop products and provide services that are of
high quality and sufficient intensity and duration to achieve the
intended outcomes of the proposed project. To address this requirement,
the applicant must describe--
(i) How it proposes to identify or develop the knowledge base on
the capacity needs of SEAs, State LAs, LEAs, and EIS programs to meet
IDEA data collection and reporting requirements, data analysis, and use
of the IDEA Part B and Part C data reported under IDEA sections 616 and
618 in a manner that allows individuals with vision and/or other
disabilities, as well as those without, to access and dynamically
manipulate data;
(ii) Its proposed approach to universal, general TA,\4\ which must
identify the intended recipients, including the type and number of
recipients, that will receive the products and services under this
approach;
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\4\ ``Universal, general TA'' means TA and information provided
to independent users through their own initiative, resulting in
minimal interaction with Accessible Data Center staff and including
one-time, invited or offered conference presentations by Accessible
Data Center staff. This category of TA also includes information or
products, such as newsletters, guidebooks, or research syntheses,
downloaded from the Accessible Data Center's website by independent
users. Brief communications by Accessible Data 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,\5\ which
must identify--
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\5\ ``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 Accessible Data 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 under this
approach; and
(B) Its proposed approach to measure the readiness of potential TA
recipients to work with the project, assessing, at a minimum, their
current infrastructure, available resources, and ability to build
capacity at the local level; and
(iv) Its proposed approach to intensive, sustained TA,\6\ which
must identify--
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\6\ ``Intensive, sustained TA'' means TA services often provided
on-site and requiring a stable, ongoing relationship between
Accessible Data 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 under this
approach;
(B) Its proposed approach to measure the readiness of SEA, State
LAs, LEA, and EIS program/provider personnel to work with the project,
including their commitment to the initiative, alignment of the
initiative to their needs, current infrastructure, available resources,
and ability to build capacity at the SEA, State LA, LEA, and EIS
program/provider levels;
(C) Its proposed plan for assisting SEAs and State LAs (and LEAs,
in conjunction with SEAs and EIS programs/providers, in conjunction
with State LAs) to build or enhance training systems to meet IDEA Part
B and Part C data collection and reporting requirements in a manner
that allows individuals with vision and/or other disabilities, as well
as those without, to access and dynamically manipulate data. This
includes professional development based on adult learning principles
and coaching;
(D) Its proposed plan for working with appropriate levels of the
education system (e.g., SEAs, State LAs, regional TA providers, LEAs,
EIS providers, schools, and families) to ensure there is communication
between each level and there are systems in place to support the
capacity needs of SEAs, State LAs, LEAs, and EIS providers to meet IDEA
data collection and reporting requirements, as well as support data
analysis, and the use of IDEA Part B and Part C data in a manner that
allows individuals with vision and/or other disabilities, as well as
those without, to access and dynamically manipulate data; and
(E) Its proposed plan for collaborating and coordinating with
Department-funded projects, including those providing data-related
support to States, where appropriate, to align complementary work and
jointly develop and implement products and services to meet the
purposes of this priority. Such Department-funded projects include the
IDEA Data Center (IDC), the Center for IDEA Early Childhood Data
Systems (DaSy), the Center for IDEA Fiscal Reporting (CIFR), the Center
for the Integration of IDEA Data (CIID), EdFacts, and the research and
development investments of the Institute of Education Sciences/National
Center for Education Statistics; and
(6) Its proposed plan to develop products and implement services
that maximize efficiency. To address this requirement, the applicant
must describe--
(i) How the proposed project will use technology to achieve the
intended project outcomes;
(ii) With whom the proposed project will collaborate and the
intended outcomes of this collaboration; and
(iii) How the proposed project will use non-project resources to
achieve the intended project outcomes.
(c) In the narrative section of the application under ``Quality of
the project evaluation,'' include an evaluation plan for the project
developed in consultation with and implemented by a third-party
evaluator.\7\ The evaluation plan must--
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\7\ A ``third-party'' evaluator is an independent and impartial
program evaluator who is contracted by the grantee to conduct an
objective evaluation of the project. This evaluator must not have
participated in the development or implementation of any project
activities, except for the evaluation activities, or have any
financial interest in the outcome of the evaluation.
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(1) Articulate formative and summative evaluation questions,
including important process and outcome evaluation questions. These
questions should be related to the project's proposed logic model
required in paragraph (b)(2)(ii) of these requirements;
(2) Describe how progress in and fidelity of implementation, as
well as project outcomes, will be measured to answer the evaluation
questions. Specify the measures and associated instruments or sources
for data appropriate to the evaluation questions. Include information
regarding reliability and validity of measures where appropriate;
(3) Describe strategies for analyzing data and how data collected
as part of
[[Page 15153]]
this plan will be used to inform and improve service delivery over the
course of the project and to refine the proposed logic model and
evaluation plan, including subsequent data collection;
(4) Provide a timeline for conducting the evaluation and include
staff assignments for completing the plan. The timeline must indicate
that the data will be available annually for the annual performance
report and at the end of Year 2 for the review process; and
(5) Dedicate sufficient funds in each budget year to cover the
costs of developing or refining the evaluation plan in consultation
with a third-party evaluator, as well as the costs associated with the
implementation of the evaluation plan by the third-party evaluator.
(d) Demonstrate, in the narrative section of the application under
``Adequacy of resources,'' 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, and funds will be spent in a way that
increases their efficiency and cost-effectiveness, including by
reducing waste or achieving better outcomes.
(e) Demonstrate, in the narrative section of the application under
``Quality of the management plan,'' how--
(1) The proposed management plan will ensure that the project's
intended outcomes will be achieved on time and within budget. To
address this requirement, the applicant must describe--
(i) Clearly defined responsibilities for key project personnel,
consultants, and subcontractors, as applicable; and
(ii) Timelines and milestones for accomplishing the project tasks;
(2) Key project personnel and any consultants and subcontractors
will be allocated and how these allocations are appropriate and
adequate to achieve the project's intended outcomes;
(3) The proposed management plan will ensure that the products and
services provided are of high quality, relevant, and useful to
recipients; and
(4) The proposed project will benefit from a diversity of
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:
(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, or
virtually, after receipt of the award, and an annual planning meeting
in Washington, DC, or virtually, 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, or virtually, during each year of the project period;
and
(iii) Three annual two-day trips, or virtually, to attend
Department briefings, Department-sponsored conferences, and other
meetings, as requested by OSEP;
(3) Include, in the budget, a line item for an annual set-aside of
5 percent of the grant amount to support emerging needs that are
consistent with the proposed project's intended outcomes, as those
needs are identified in consultation with, and approved by, the OSEP
project officer. With approval from the OSEP project officer, the
project must reallocate any remaining funds from this annual set-aside
no later than the end of the third quarter of each budget period;
(4) 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 States during the transition to this new
award period and at the end of this award period, as appropriate.
References:
Cota, M.P., Rodr[iacute]guez, M.D., Gonz[aacute]lez-Castro, M.R. &
Gon[ccedil]alves, R.M.M. (2017). Analysis of current visualization
techniques and main challenges for the future. Journal of
Information Systems Engineering & Management, 2(3), 19. <a href="https://doi.org/10.20897/jisem.201719">https://doi.org/10.20897/jisem.201719</a>.
Hajirahimova, M.S., & Ismayilova, M.I. (2018). Big data
visualization: Existing approaches and problems. Problems of
Information Technology, 1, 65-74.
Hazen, B.T., Weigel, F.K., Ezell, J.D., Boehmke, B.C., & Bradley,
R.V. (2017). Toward understanding outcomes associated with data
quality improvement. International Journal of Production Economics,
193, 737-747.
Pfenninger, S., DeCarolis, J., Hirth, L. Quoilin, S., & Staffell, I.
(2017). The importance of open data and software: Is energy research
lagging behind? Energy Policy, 101, 211-215. <a href="https://doi.org/10.1016/j.enpol.2016.11.046">https://doi.org/10.1016/j.enpol.2016.11.046</a>.
U.S. Department of State. (2017). Federal Open Licensing Playbook.
<a href="https://eca.state.gov/files/bureau/open_licensing_playbook_final.pdf">https://eca.state.gov/files/bureau/open_licensing_playbook_final.pdf</a>.
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 and Requirements
We will announce the final priority and requirements in a document
in the Federal Register. We will determine the final priority and
requirements after considering responses to this document and other
information available to the Department. This document does not
preclude us from proposing additional priorities or requirements
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 and one or more of these
requirements, we
[[Page 15154]]
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
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 also have 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 the proposed priority and requirements only on a
reasoned determination that their benefits justify their costs. In
choosing among alternative regulatory approaches, we selected those
approaches that maximize net benefits. Based on the analysis that
follows, the Department believes that this regulatory action is
consistent with the principles in Executive Order 13563. In summary,
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 will 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 have also determined that this regulatory action does not unduly
interfere with State, local, and Tribal governments in the exercise of
their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
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.
Clarity of the Regulatory Actions
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 regulatory actions
clearly stated?
<bullet> Do the proposed regulatory actions contain technical terms
or other wording that interferes with their clarity?
<bullet> Does the format of the proposed regulatory actions
(grouping and order of sections, use of headings, paragraphing, etc.)
aid or reduce their clarity?
<bullet> Would the proposed regulatory actions be easier to
understand if we divided them into more (but shorter) sections?
<bullet> Could the description of the proposed regulatory actions
in the SUPPLEMENTARY INFORMATION section of this preamble be more
helpful in making the proposed regulatory actions easier to understand?
If so, how?
<bullet> What else could we do to make the proposed regulatory
actions easier to understand?
To send any comments about how the Department could make these
proposed regulatory actions 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 (SBA) 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
[[Page 15155]]
special districts), with a population of less than 50,000.
The small entities that this proposed regulatory action would
affect are LEAs, including charter schools that operate as LEAs under
State law; institutions of higher education; other public agencies;
private nonprofit organizations; freely associated States and outlying
areas; Indian Tribes or Tribal organizations; and for-profit
organizations. We believe that the costs imposed on an applicant by the
proposed priority would be limited to paperwork burden related to
preparing an application and that the benefits of the proposed priority
would outweigh any costs incurred by the applicant.
Participation in the Technical Assistance on State Data Collection
program is voluntary. For this reason, the proposed priority would
impose no burden on small entities unless they applied for funding
under the program. We expect that in determining whether to apply for
Technical Assistance on State Data Collection program funds, an
eligible entity would evaluate the requirements of preparing an
application and any associated costs and weigh them against the
benefits likely to be achieved by receiving a Technical Assistance on
State Data Collection program grant. An eligible entity probably would
apply only if it determines that the likely benefits exceed the costs
of preparing an application.
We believe that the proposed priority would not impose any
additional burden on a small entity applying for a grant than the
entity would face in the absence of the proposed action. That is, the
length of the applications those entities would submit in the absence
of the proposed regulatory action and the time needed to prepare an
application would likely be the same.
This proposed regulatory action would not have a significant
economic impact on a small entity once it receives a grant because it
would be able to meet the costs of compliance using the funds provided
under this program. We invite comments from eligible small 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 Adobe Portable Document Format
(PDF). To use PDF you must have Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
<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. 2022-05716 Filed 3-15-22; 11:15 am]
BILLING CODE 4000-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.