Rule2024-15047
State Personnel Development Grants
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 9, 2024
Effective
August 8, 2024
Issuing agencies
Education Department
Abstract
The Department of Education (Department) announces final priorities and requirements under the State Personnel Development Grants (SPDG) program. The Department may use one or more of these priorities and requirements for competitions in fiscal year (FY) 2024 and later years. We take this action to focus attention on assisting States in reforming and improving their systems for personnel preparation and personnel development in order to improve results for children with disabilities.
Full Text
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<title>Federal Register, Volume 89 Issue 131 (Tuesday, July 9, 2024)</title>
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[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Rules and Regulations]
[Pages 56211-56216]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15047]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2024-OSERS-0012]
State Personnel Development Grants
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Final priorities and requirements.
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SUMMARY: The Department of Education (Department) announces final
priorities and requirements under the State Personnel Development
Grants (SPDG) program. The Department may use one or more of these
priorities and requirements for competitions in fiscal year (FY) 2024
and later years. We take this action to focus attention on assisting
States in reforming and improving their systems for personnel
preparation and personnel development in order to improve results for
children with disabilities.
DATES: These priorities and requirements are effective August 8, 2024.
FOR FURTHER INFORMATION CONTACT: Jennifer Coffey, U.S. Department of
Education, 400 Maryland Avenue SW, Room 4A10, Washington, DC 20202.
Telephone: (202) 987-0150. Email: <a href="/cdn-cgi/l/email-protection#78121d1616111e1d0a561b171e1e1d01381d1c561f170e"><span class="__cf_email__" data-cfemail="58323d3636313e3d2a763b373e3e3d21183d3c763f372e">[email protected]</span></a>.
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Purpose of Program: The purpose of the SPDG 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.
Assistance Listing Number: 84.323A.
Program Authority: 20 U.S.C. 1451-1455.
We published a notice of proposed priorities and requirements (NPP)
for this program in the Federal Register on March 28, 2024 (89 FR
21469). That document contained background information and the
Department's reasons for proposing the priorities and requirements.
Public Comment: In response to our invitation in the NPP, three
parties submitted comments addressing the priorities, requirements, and
directed questions. We discuss comments related to the priorities and
requirements under each priority to which they pertain. Generally, we
do not address technical and other minor changes, or suggested changes
the law does not authorize us to make under the applicable statutory
authority. In addition, we do not address general comments that raised
concerns not directly related to the proposed priorities or
requirements.
Analysis of Comments and Changes: An analysis of the comments and
of any changes in the priorities or requirements since publication of
the NPP follows.
Comment: In response to the Department's directed question
regarding challenges to developing and supporting grow your own (GYO)
programs, one commenter enumerated challenges at the State, district,
and participant level. At the State level, the commenter identified the
lack of sufficient funding to expand the program and fund personnel to
oversee programmatic and fiscal requirements as a major challenge. At
the district level, the commenter noted that finding candidates to
participate in the programs and securing sufficient funding and
resources, including time for oversight, were major challenges, along
with the absence of coaching for GYO participants. In addition, the
commenter stated that rural districts struggle with a small candidate
pool.
The commenter shared that GYO participants have challenges
maintaining employment while completing their coursework, are not
readily able to pay for tuition, struggle to successfully complete
college-level coursework, and have difficulty passing entrance and
subject area exams, and managing responsibilities in the home, work
duties, and college coursework.
[[Page 56212]]
Discussion: The Department appreciates learning about the potential
challenges faced at each level of the education system and will provide
support to SPDG projects to help ensure they foresee these challenges
and provide supports for GYO districts, schools, and participants.
Changes: None.
Comment: In response to the Department's directed question
regarding supports that would assist SEAs in developing and
implementing career pathways for those interested in becoming fully
certified special education teachers, one commenter shared that the
following supports would be helpful: funding, additional partners to
coordinate program management, exemplar pathway models that include
programmatic recommendations, and recruitment and retention resources
that support successful program completion. The commenter shared it
would be helpful for SEAs to receive technical assistance (TA) and
targeted coaching that supports building and implementing pathways for
special education personnel.
Discussion: An SEA may use their SPDG resources to provide the
supports described by the commenter in the implementation of a GYO,
teacher residency, or registered teacher apprenticeship program. As for
support for the SEAs, the Department currently provides TA and targeted
coaching via the Collaboration for Effective Educator Development,
Accountability, and Reform Center (CEEDAR Center).
Changes: None.
Comment: One commenter responded to the Department's question about
supports that would help SEAs develop and implement a system to address
the professional learning and certification needs of personnel with an
emergency certification who work with children with disabilities. The
commenter shared that longitudinal studies that track candidates from
preparation through their fifth year of teaching and that assess
outcomes such as teacher efficacy, teacher retention, and student
outcomes would support SEAs in understanding the specific needs of
teachers based on various certification pathways. These data would also
allow SEAs and their partners to anticipate and create structures to
support the professional learning needs of teachers pursuing various
certification pathways.
Discussion: We agree that modernized statewide longitudinal data
systems (SLDS) can be a valuable tool in identifying and addressing the
professional learning and certification needs of personnel, including
by providing the ability to respond to policy needs, such as addressing
the professional learning and certification needs of personnel with an
emergency certification and understanding the educator pipeline and its
impact. We encourage SPDG grantees to take opportunities to modernize
their SLDS. To date, 34 States have used SLDS funds to establish
linkages between K-12, postsecondary, and workforce data. For more
information about SLDS grant opportunities, please visit <a href="https://nces.ed.gov/programs/slds/grant_information.asp">https://nces.ed.gov/programs/slds/grant_information.asp</a>.
Changes: None.
Comment: In response to the Department's directed question about
which stakeholders SEAs should collaborate with to develop and
implement a system to address the professional learning and
certification needs of personnel with an emergency certification who
work with children with disabilities, one commenter stated SEAs should
collaborate with educator preparation programs to enhance traditional
teacher preparation programs and partner in supporting GYO, teacher
residency, and registered teacher apprenticeship programs. The
commenter also stated that SEAs should partner with LEAs and
professional organizations for education leaders, including special
education directors, elementary and secondary school principals, and
other school administrators, to identify the needs of teachers and to
provide targeted resources and supports.
In addition, the commenter stated that SEAs should engage with
national TA centers to stay informed of evidence-based practices for
effective pre-service preparation and in-service supports, as well as
to partner with their parent and training information center to train
teachers on the parent perspective and how to effectively engage and
partner with families.
Discussion: The Department thanks the commenter for these
thoughtful recommendations. Under section 653(b) of the Individuals
with Disabilities Education Act (IDEA), the State personnel development
plan must describe how the applicant will work in partnership with
agencies and programs addressing the education of children and youth
with disabilities to strengthen the project's efforts. The partners
suggested by the commenter are all required or permitted partners under
section 652(b) of the IDEA, and we agree that they may serve as
important collaborators. Additionally, one of the Final Common
Requirements is that a project must align with and integrate other
State initiatives and programs, as well as district and local
improvement plans, to leverage existing professional development and
data systems.
Changes: None.
Comment: One commenter recommended the Department incentivize SEAs
to develop programs that include educational audiologists and speech-
language pathologists.
Discussion: Educational audiologists and speech-language
pathologists are included in the definition of ``personnel'' used by
the SPDG program (section 651(b) of the IDEA). Accordingly, applicants
may propose to include educational audiologists and speech-language
pathologists in SPDG professional development activities.
Changes: None.
Comment: One commenter recommended that the Department use the SPDG
program to incentivize appropriate workloads for personnel, suggesting
that using SPDG funds to analyze and right-size educator workload will
increase the likelihood that students receive the most appropriate
supports to meet their educational and functional goals.
Discussion: SPDG funds are used to address specific State-
identified needs. The notice inviting applications for the FY 2024 SPDG
competition, published elsewhere in this issue of the Federal Register,
provides examples of activities that may be funded with an SPDG grant,
including the use of funds to support reduced class schedules and
caseloads.
Changes: None.
Comment: One commenter, responding to Proposed Priority 1,
recommended SEAs and institutions of higher education collaborate to
provide grant programs and scholarships for high school students to
begin working toward paraprofessional and teacher certification.
Discussion: The SPDG may be used to support collaborative
recruitment efforts, including providing grant programs and
scholarships for high school students to begin working toward
paraprofessional and teacher certification. Per the Final Common
Requirements, an applicant must describe the proposed in-State and
national partners that the project will work with to achieve the goals
and objectives of the grant and how the impact of these partnerships
will be measured.
Changes: None.
Comment: One commenter shared that virtual reality simulations may
enable pathway participants and other personnel to learn more about
teaching children with disabilities and how to navigate complex
situations.
[[Page 56213]]
Discussion: GYO, apprenticeships, and residency pathways and
professional development programs may benefit from the use of virtual
reality teaching simulations that allow personnel to practice important
skills prior to using them with children. Nothing in Priority 1 would
preclude an applicant from proposing to use this technology.
Changes: None.
Comment: Two commenters supported Proposed Priority 1 as a means to
develop new and dynamic workforce pathways for the special education
workforce system.
Discussion: The Department appreciates support for this priority.
Changes: None.
Comment: In response to Proposed Priority 2, one commenter
recommended that SPDG projects use empathy interviews to identify
barriers faced by personnel on their path to full certification.
Discussion: We agree that understanding barriers and facilitators
to reaching full certification is an important aspect of improving
personnel preparation and retention systems. SPDG projects may choose
to use empathy interviews to gather formative data to help improve
their services.
Changes: None.
Final Priorities
Priority 1: Providing Career Pathways for Those Interested in
Becoming Fully Certified Special Education Teachers, Including
Paraprofessionals, Through Residency, GYO, and Registered
Apprenticeships Programs.
Projects designed to increase the number of fully certified special
education teachers by establishing a new, or enhancing an existing,
teacher residency, GYO, or registered teacher apprenticeship program
that minimizes or eliminates the cost of certification for special
education teacher candidates and provides opportunities for candidates
to be paid, including being provided with a stipend (which, for
programs that include paid experience for the duration of the
certification program, can be met through paragraph (i), below), to
cover the time spent gaining classroom experience during their
certification program.
A project implementing a new or enhanced teacher residency, GYO, or
registered teacher apprenticeship program must--
(a) Use data-driven strategies and evidence-based approaches to
increase recruitment, successful completion, and retention of the
special education teachers supported by the project;
(b) Provide standards for participants to enter into and complete
the program;
(c) Be aligned to evidence-based (as defined in 34 CFR 77.1)
practices for effective educator preparation;
(d) Have little to no financial burden for program participants, or
provide for loan forgiveness, grants, or scholarship programs;
(e) Provide opportunities for candidates to be paid, including
being provided with a stipend, to cover time spent in clinical
experience during their certification program;
(f) Develop a plan to monitor program quality;
(g) Require completion of a bachelor's degree either before
entering or as a result of the teacher residency, GYO, or teacher
apprenticeship program;
(h) Result in the satisfaction of all requirements for full State
teacher licensure or certification, excluding emergency, temporary,
provisional, or other sub-standard licensure or certification;
(i) Provide increasing levels of responsibility for the resident/
GYO participant/apprentice during at least one year of paid on-the-job
learning/clinical experience, during which a mentor teacher is the
teacher of record; and
(j) Develop a plan to ensure the program has funding after the end
of the project period.
In their applications, States must describe how their projects will
meet these program requirements. In addition to these requirements, to
be considered for funding under this priority, applicants must meet the
application and administrative requirements under Common Requirements.
Priority 2: Supporting Emergency Certified Special Education
Teachers to Become Fully Certified.
Projects designed to increase the number of fully certified special
education teachers by implementing plans that address the emergency
certification needs of personnel who work with children with
disabilities. The plans must--
(a) Identify the barriers and challenges to full certification that
are experienced by special education personnel on emergency
certifications;
(b) Include evidence-based (as defined in 34 CFR 77.1) strategies
to address those barriers and challenges and assist special education
personnel on emergency certifications to obtain full certification,
consistent with State-approved or State-recognized requirements, within
three years;
(c) Include training and coaching on, at a minimum--
(1) The skills needed to collaboratively develop, implement, and
monitor standards-based IEPs;
(2) High-leverage and evidence-based instructional and classroom
management practices; and
(3) The provision of wrap-around services (e.g., social, emotional,
and mental health supports), special education services, and other
supports for children with disabilities; and
(d) Provide participating special education personnel on emergency
certifications with opportunities to apply the evidence-based skills
and practices described in paragraph (c) in the classroom.
In their applications, States must describe how their projects will
meet these program requirements. In addition to these requirements, to
be considered for funding under this priority, applicants must meet the
application and administrative requirements under Common Requirements.
Priority 3: Person-Centered IEPs that Support Instructional
Progress.
Projects designed to provide pre-service and in-service training to
school and district personnel, including IEP team members (e.g.,
special education and general education teachers, related service
personnel who work with children with disabilities) and administrators,
to improve their skills in developing and implementing person-centered
IEPs that support instructional progress and improve functional
outcomes \1\ for children with disabilities. Projects must--
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\1\ An IEP that supports instructional progress is an IEP that
focuses on the academic, vocational, developmental, and social needs
of the child and allows the child to benefit from instruction.
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(a) Provide training and coaching to administrators and IEP team
members to increase their ability to develop, implement, and monitor
person-centered IEPs that support instructional progress so that they
can--
(1) Use appropriate data to determine the child's instructional and
functional strengths and needs;
(2) Increase the child's learning time and opportunities with
general education peers, as appropriate, based on research;
(3) Choose and use evidence-based (as defined in 34 CFR 77.1)
practices for core instruction; and
(4) Supplement core instruction with special education services.
In their applications, States must describe how their projects will
meet these program requirements. In addition to these requirements, to
be considered for funding under this priority, applicants must meet the
application
[[Page 56214]]
and administrative requirements under Common Requirements.
Priority 4: Principals as Instructional Leaders Who Support
Collaborative Service Provision.
Projects designed to provide professional development to improve
the instructional leadership provided by principals and other school
leaders, district leaders, and teacher leaders to promote educational
equity for children with disabilities. Projects must provide training
and coaching to assist administrators to--
(a) Create and support equitable school schedules and other
operations that enable collaborative services from general and special
education staff;
(b) Support schoolwide inclusionary practices within a multi-tiered
systems of support (MTSS) framework;
(c) Support evidence-based (as defined in 34 CFR 77.1) professional
development for their staff related to--
(1) Effective content instruction;
(2) Data for decision-making and continuous progress monitoring;
(3) IEP development and implementation; and
(4) Wrap-around services;
(d) Actively engage families and school communities to identify and
address concerns regarding, and barriers to, accessibility, equity, and
inclusiveness, using frameworks such as universal design; and
(e) Provide administrators structured learning opportunities, such
as through a cohort model, mentoring, one-on-one coaching, networking
to build a professional community, and applied learning opportunities,
such as problem-solving related to the needs of individual children.
In their applications, States must describe how their projects will
meet these program requirements. In addition to these requirements, to
be considered for funding under this priority, applicants must meet the
application and administrative requirements under Common Requirements.
Priority 5: Improving Engagement between Schools and Families.
Projects designed to develop the capacity of administrators and
educators to develop systems and use strategies that build trust and
engagement with families, while further strengthening the role families
play in their child's development and learning. Projects must--
(a) Provide training and coaching to assist administrators to--
(1) Develop and implement policies and programs that recognize
families' funds of knowledge, connect family engagement to student
learning, and create welcoming, inviting cultures; and
(2) Create systems that support staff and families in meaningful
engagement (i.e., Leading by Convening and the Dual-Capacity Framework.
For more information visit <a href="http://www.dualcapcity.org">www.dualcapcity.org</a> and <a href="http://www.ncsi.wested.org/resources/leading-by-convening">www.ncsi.wested.org/resources/leading-by-convening</a>);
(b) Provide training and coaching to assist educators and early
intervention providers to--
(1) Build their knowledge, attitudes, beliefs, aspirations, and
behaviors about effective strategies to engage families in their
child's learning;
(2) Work with families to make collaborative, data-based decisions
in the development and implementation of the child's IEP; and
(3) Provide information and resources to families that enable them
to support their children's learning and behavior at home; and
(c) Provide training and coaching to families so they can--
(1) Meaningfully participate in the development and implementation
of their child's IEP;
(2) Participate in data-based decision making related to their
child's education; and
(3) Further their child's learning at home.
In their applications, States must describe how their projects will
meet these program requirements. In addition to these requirements, to
be considered for funding under this priority, applicants must meet the
application and administrative requirements under Common Requirements.
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)).
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 one or more of these priorities, we invite
applications through a notice in the Federal Register.
Final Requirements
The Assistant Secretary establishes the following final
requirements for this program. We may apply one or more of these
requirements in any year in which this program is in effect.
Final Common Requirements
In addition to the requirements contained in these priorities, to
be considered for funding, applicants must meet the following
application and administrative requirements:
(a) Demonstrate, in the narrative section of the application under
``Significance,'' how the proposed project will--
(1) Align with and integrate other State initiatives and programs,
as well as district and local improvement plans, to leverage existing
professional development and data systems;
(2) Develop and implement plans to sustain the grant program after
the grant funding has ended; and
(3) Integrate family engagement into all project efforts by
supporting capacity building for personnel and families.
(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) Develop the knowledge and ability of personnel to be culturally
responsive and engage children and families with a strengths-based
approach;
(ii) Engage students, families, and community members to assess the
appropriateness and impact of the intervention, program, or strategies;
and
(iii) Review program procedures and resources to ensure a diversity
of perspectives are brought into the project; and
(2) Achieve the project's goals and objectives. To meet this
requirement, the applicant must provide--
(i) Either a logic model (as defined in 34 CFR 77.1) or theory of
action (to be
[[Page 56215]]
provided in appendix A), which demonstrates how the proposed project
will achieve intended measurable outcomes;
(ii) A description of proposed in-State and national partners that
the project will work with to achieve the goals and objectives of the
grant and how the impact of these partnerships will be measured; and
(iii) A description of how the project will be based on current
research and make use of evidence-based (as defined in 34 CFR 77.1)
practices. To meet this requirement, the applicant must describe--
(A) The current research base for the chosen interventions;
(B) The evidence-based model or practices to be used in the
project's professional development activities; and
(C) How implementation science will be used to support full and
sustained use of evidence-based practices and result in sustained
systems of implementation support.
(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 \2\
evaluator. The evaluation plan must--
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\2\ 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, nor 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 or
theory of action required under paragraph (b)(2)(i) 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 this plan will be used to inform and improve service
delivery over the course of the project and to refine the proposed
logic model or theory of action 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 to the Department; 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 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--
(1) Clearly defined responsibilities for key project personnel,
consultants, and subcontractors, as applicable;
(2) Timelines and milestones for accomplishing the project tasks;
(3) How key project personnel and any consultants and
subcontractors will be allocated to the project and how these
allocations are appropriate and adequate to achieve the project's
intended outcomes; and
(4) How 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) Provide an assurance that any project website will include
relevant information and documents in a form that meets a government or
industry-recognized standard for accessibility;
(3) Include, in the budget, attendance at the following:
(i) An annual one and one-half day SPDG National Meeting in the
Washington, DC area during each year of the project period; and
(ii) A three-day project directors' conference in Washington, DC,
during each year of the project period, provided that, if the
conference is conducted virtually, the project must reallocate unused
travel funds no later than the end of the third quarter of each budget
period; and
(4) Budget $6,000 annually for support of the SPDG program network
and website currently administered by the University of Oregon
(<a href="http://www.signetwork.org">www.signetwork.org</a>).
Executive Orders 12866, 13563, and 14094
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, as
amended by Executive Order 14094, 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 $200 million or more
(adjusted every 3 years by the Administrator of Office of Information
and Regulatory Affairs (OIRA) for changes in gross domestic product);
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, territorial, or Tribal governments
or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise legal or policy issues for which centralized review would
meaningfully further the President's priorities or the principles
stated in the Executive order, as specifically authorized in a timely
manner by the Administrator of OIRA in each case.
[[Page 56216]]
This final regulatory action is not a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866
(as amended by Executive Order 14094). Pursuant to the Congressional
Review Act (5 U.S.C. 801 et seq.), the Office of Information and
Regulatory Affairs designated this rule as not a ``major rule,'' as
defined by 5 U.S.C. 804(2).
We have also reviewed this final regulatory action under Executive
Order 13563, which supplements and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866. To the extent permitted by law, Executive Order
13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing these final priorities and requirements only on a
reasoned determination that their benefits 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.
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.
Discussion of Potential Costs and Benefits
The Department believes that the costs associated with the final
priorities and requirements will 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 benefits of
implementing the program will 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
burdensome for eligible applicants, including small entities.
Paperwork Reduction Act of 1995
The final priorities, including requirements, contain information
collection requirements that are approved by OMB under OMB control
number 1820-0028; the final priorities, including requirements, do not
affect the currently approved data collection.
Regulatory Flexibility Act Certification: The Secretary certifies
that this final regulatory action will not have a significant economic
impact on a substantial number of small entities. The U.S. Small
Business Administration (SBA) Size Standards define proprietary
institutions as small businesses if they are independently owned and
operated, are not dominant in their field of operation, and have total
annual revenue below $7,000,000. Nonprofit institutions are defined as
small entities if they are independently owned and operated and not
dominant in their field of operation. Public institutions are defined
as small organizations if they are operated by a government overseeing
a population below 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 final priorities and requirements will not impose any
additional burden on small entities.
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 the Department's
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 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, 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 Department documents 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 Department documents 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.
Glenna Wright-Gallo,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2024-15047 Filed 7-5-24; 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.