Proposed Priorities, Requirements, and Selection Criteria-Technical Assistance and Dissemination To Improve Services and Results for Children With Disabilities-The Individuals With Disabilities Education Act (IDEA) Paperwork Reduction Planning and Implementation Program

Published date29 May 2020
Citation85 FR 32317
Record Number2020-11417
SectionProposed rules
CourtEducation Department
Federal Register, Volume 85 Issue 104 (Friday, May 29, 2020)
[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
                [Proposed Rules]
                [Pages 32317-32323]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-11417]
                =======================================================================
                -----------------------------------------------------------------------
                DEPARTMENT OF EDUCATION
                34 CFR Chapter III
                [Docket ID ED-2020-OSERS-0014]
                Proposed Priorities, Requirements, and Selection Criteria--
                Technical Assistance and Dissemination To Improve Services and Results
                for Children With Disabilities--The Individuals With Disabilities
                Education Act (IDEA) Paperwork Reduction Planning and Implementation
                Program
                AGENCY: Office of Special Education and Rehabilitative Services,
                Department of Education.
                ACTION: Proposed priorities, requirements, and selection criteria.
                -----------------------------------------------------------------------
                SUMMARY: The Department of Education (Department) proposes priorities,
                requirements, and selection criteria for the IDEA Paperwork Reduction
                Planning and Implementation Program, Catalog of Federal Domestic
                Assistance (CFDA) number 84.326F. The Department may select as many as
                15 States to receive support in planning for and implementing waivers
                of statutory requirements of, or regulatory requirements relating to,
                IDEA Part B to reduce excessive paperwork and noninstructional time
                burdens that do not assist in improving educational and functional
                results for children with disabilities. The Department may use the
                priorities, requirements, and selection criteria in this document for
                competitions in fiscal year (FY) 2020 and later years. The IDEA
                Paperwork Reduction Planning and Implementation Program focuses on an
                identified national need to reduce the paperwork burden associated with
                the requirements of IDEA Part B while preserving the rights of children
                with disabilities and promoting academic achievement.
                [[Page 32318]]
                DATES: We must receive your comments on or before June 29, 2020.
                ADDRESSES: Submit your comments through the Federal eRulemaking Portal
                or via postal mail, commercial delivery, or hand delivery. We will not
                accept comments submitted by fax or by email or those submitted after
                the comment period. To ensure that we do not receive duplicate copies,
                please submit your comments only once. In addition, please include the
                Docket ID at the top of your comments.
                 Federal eRulemaking Portal: Go to www.regulations.gov to
                submit your comments electronically. Information on using
                Regulations.gov, including instructions for accessing agency documents,
                submitting comments, and viewing the docket, is available on the site
                under ``Help.''
                 Postal Mail, Commercial Delivery, or Hand Delivery: If you
                mail or deliver your comments about the proposed priorities,
                requirements, and selection criteria, address them to David Egnor, U.S.
                Department of Education, 400 Maryland Avenue SW, Room 5163, Potomac
                Center Plaza, Washington, DC 20202-5076.
                 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
                www.regulations.gov. Therefore, commenters should be careful to
                include in their comments only information that they wish to make
                publicly available.
                FOR FURTHER INFORMATION CONTACT: David Egnor, U.S. Department of
                Education, 400 Maryland Avenue SW, Room 5163, Potomac Center Plaza,
                Washington, DC 20202-5076. Telephone: (202) 245-7334. Email:
                [email protected].
                 If you use a telecommunications device for the deaf (TDD) or a text
                telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
                800-877-8339.
                SUPPLEMENTARY INFORMATION:
                 Invitation to Comment: We invite you to submit comments regarding
                the proposed priorities, requirements, and selection criteria. To
                ensure that your comments have maximum effect in developing the final
                priorities, requirements, and selection criteria, we urge you to
                identify clearly the specific section of the proposed priorities,
                requirements, or selection criterion that each comment addresses.
                 We are particularly interested in comments about whether the
                proposed priorities, requirements, and selection criteria would be
                challenging for new applicants to meet and, if so, how the proposed
                priorities, requirements, and selection criteria could be revised to
                address potential challenges and reduce burden.
                 Directed Questions:
                 1. We invite specific public comment on the extent to which the
                activities in these priorities, requirements, and selection criteria
                are appropriate for States and whether there are alternatives that
                would accomplish the same purposes with less burden for States.
                 2. Although the Department reserves its discretion to establish
                award sizes, we further invite public input on the appropriate size of
                awards under these priorities.
                 We invite you to assist us in complying with the specific
                requirements of Executive Orders 12866, 13563, and 13771 and their
                overall requirement of reducing regulatory burden that might result
                from the proposed priorities, requirements, and selection criteria.
                Please let us know of any further ways we could reduce potential costs
                or increase potential benefits while preserving the effective and
                efficient administration of the program.
                 During and after the comment period, you may inspect all public
                comments about the proposed priorities, requirements, and selection
                criteria by accessing Regulations.gov. You may also inspect the
                comments in person in Room 5163, 550 12th Street SW, Potomac Center
                Plaza, Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m.,
                Eastern Time, Monday through Friday of each week except Federal
                holidays. 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 priorities, requirements, and
                selection criteria. If you want to schedule an appointment for this
                type of accommodation or auxiliary aid, please contact the person
                listed under FOR FURTHER INFORMATION CONTACT.
                 Purpose of Program: The purpose of the Technical Assistance and
                Dissemination to Improve Services and Results for Children with
                Disabilities program is to promote academic achievement and to improve
                results for children with disabilities by providing technical
                assistance (TA), supporting model demonstration projects, disseminating
                useful information, and implementing activities that are supported by
                scientifically-based research.
                 Program Authority: 20 U.S.C. 1408 and 1463.
                Proposed Priorities
                 Background: The Secretary believes that all students should be
                given the opportunity to succeed and that their success should be the
                primary focus of everyone in the educational system. When teachers,
                related services providers, and administrators who serve children with
                disabilities spend time completing unnecessary paperwork, their ability
                to prioritize and focus on improving outcomes for children with
                disabilities is hampered.
                 In the 2004 reauthorization of IDEA, Congress recognized that some
                Federal IDEA Part B requirements could create excessive paperwork and
                noninstructional time burdens on special education teachers, related
                services providers, and State and local administrators, thus diverting
                time and resources away from instruction and other activities that
                would improve educational and functional results for children with
                disabilities.
                 As such, under section 609 of IDEA, Congress gave the Department
                limited authority to grant waivers of certain requirements of IDEA Part
                B. Waivers may be granted to not more than 15 States and for a period
                not to exceed 4 years. Further, the Secretary may not waive any
                statutory or regulatory provisions relating to applicable civil rights
                requirements or allow States or local educational agencies to waive
                procedural safeguards under section 615 of IDEA, and waivers may not
                affect the right of a child with a disability to receive a free
                appropriate public education (FAPE) under IDEA Part B. In short,
                States' waiver proposals must preserve the fundamental rights of
                children with disabilities under IDEA.\1\ In addition, States have
                always had the authority, within the constraints of State law, to
                change or waive State requirements that exceed IDEA statutory and
                regulatory requirements in order to reduce administrative burden.
                ---------------------------------------------------------------------------
                 \1\ For any State that receives a waiver of Federal IDEA Part B
                requirements, the Secretary will terminate the waiver if the
                Secretary determines that the State failed to appropriately
                implement its waiver, or the Secretary determines the State needs
                assistance in implementing IDEA requirements and the waiver has
                contributed to or caused such need for assistance. The Secretary
                will also terminate the waiver if the Secretary determines the State
                needs intervention in implementing IDEA requirements, or needs
                substantial intervention in implementing IDEA requirements.
                ---------------------------------------------------------------------------
                 Under section 609 of IDEA, the waivers must be based upon proposals
                submitted by States. In a document
                [[Page 32319]]
                published elsewhere in this issue of the Federal Register, the
                Department is proposing requirements for States to obtain waivers under
                section 609 of IDEA (the IDEA Paperwork Reduction Waivers). We invite
                the public to review that document in conjunction with this one and
                identify any potential inconsistencies or implementation issues that
                may arise.
                 The Department also recognizes that the implementation and
                evaluation of waivers granted under section 609 of IDEA may require
                additional Federal support. As such, the Department proposes these
                priorities, requirements, and selection criteria to make funding
                available for planning for, and then implementing, waivers of
                requirements under section 609 of IDEA to reduce excessive paperwork
                and non-instructional time burdens and thus improve educational and
                functional results for children with disabilities.
                 States may apply for a planning grant, an implementation grant, or
                both.
                 Proposed Priority 1: The Individuals with Disabilities Education
                Act (IDEA) Paperwork Reduction Planning and Implementation Program--
                Planning Grants.
                 The Department seeks to make awards under section 609 of IDEA to
                State educational agencies (SEAs) to assist them in identifying
                excessive paperwork and noninstructional time burdens on special
                education teachers, related services providers, and State and local
                administrators that do not assist in improving educational and
                functional results for children with disabilities (hereafter in the
                priority, ``administrative burdens'') and developing comprehensive
                plans to reduce them. These activities include conducting a
                comprehensive review of local, State, and Federal IDEA Part B
                requirements that lead to administrative burdens, as well as, at the
                discretion of the State, preparing IDEA Paperwork Reduction Waivers for
                submission to the Department.
                 Planning projects funded by the Department must achieve, at a
                minimum, the following expected outcomes--
                 Identification of the particular sources and effects of
                administrative burdens on special education and other teachers, related
                services providers, and State and local administrators under IDEA Part
                B; and
                 A plan to reduce these administrative burdens.
                 Under this priority, applicants must propose projects that meet the
                following programmatic requirements:
                 (a) The project must meaningfully consult a diverse group of
                stakeholders on an ongoing basis to support the goals and objectives of
                the project. Such a group must include, at a minimum, representatives
                of the following groups:
                 (i) Special education teachers and related services providers.
                 (ii) Local special education administrators.
                 (iii) Individuals with disabilities.
                 (iv) Parents of children with disabilities, as defined in IDEA
                section 602(23).
                 (v) The State Advisory Panel.
                 (b) The project must prepare a plan that--
                 (i) Identifies the State and local statutory and regulatory
                requirements or policies, procedures, and practices that exceed IDEA
                Part B statutory and regulatory requirements and were considered for
                revision;
                 (ii) Describes the range of options available to the State in
                reducing administrative burdens, including any limitations on those
                options (e.g., statutory or regulatory requirements, judicial
                precedent);
                 (iii) Establishes clear and achievable timelines for reducing
                administrative burdens;
                 (iv) Identifies the anticipated benefits of any potential reforms,
                including likely beneficiaries, and the magnitude and scope of
                anticipated benefits such as reductions in administrative burden hours
                and potential increases in the time and resources available for
                instruction and other activities intended to improve educational and
                functional results for children with disabilities;
                 (v) Identifies any Federal IDEA Part B statutory or regulatory
                requirements for which a waiver may be sought under section 609 of
                IDEA; and
                 (vii) Describes the procedures the State will use to ensure that
                any waiver that may be sought in accordance with section 609 of IDEA
                will not--
                 (A) Waive any statutory requirements of, or regulatory requirements
                relating to, applicable civil rights requirements or procedural
                safeguards under section 615 of IDEA; or
                 (B) Affect the right of a child with a disability to receive FAPE
                under IDEA Part B.
                 To be considered for funding under this priority, applicants must
                also meet the following application requirements. Each applicant must--
                 (a) Demonstrate, in the narrative portion of the application under
                ``Need for the project,'' how the proposed project will identify
                administrative burdens. To meet this requirement, the applicant must
                describe what it believes to be--
                 (1) The approximate current magnitude and scope of the
                administrative burdens to be addressed;
                 (2) The approximate current number of special education teachers,
                related services providers, and State and local administrators affected
                by those burdens and the number of children with disabilities that they
                serve; and
                 (3) The approximate current costs and benefits of those burdens on
                special education teachers, related services providers, State and local
                administrators, and children with disabilities (e.g., teacher
                retention, planning time, transparency for families);
                 (b) Demonstrate, in the narrative portion of the application under
                ``Significance'' how the proposed planning project will--
                 (1) Develop a plan to reduce administrative burdens and produce
                meaningful and sustained change at the State or local level; and
                 (2) Develop proposals for changes to, or waivers of, specific
                requirements, policies, procedures, or practices that will reduce
                administrative burdens in order to increase the time and resources
                available for instruction and other activities aimed at improving
                educational and functional results for children with disabilities;
                 (c) Demonstrate, in the narrative section of the application under
                ``Quality of the project design,'' how the proposed project will--
                 (1) Meet the consultation requirements in paragraph (a) of the
                programmatic requirements of this priority, including, but not limited
                to, a proposed timeline for the consultation process, including a
                description of the methods of consultation (e.g., in-person meetings,
                conference calls, emails);
                 (2) Identify local, State, or Federal IDEA Part B requirements,
                policies, procedures, or practices that may generate administrative
                burdens and may be reviewed by the project, including any proposed
                criteria for that review (e.g., frequency, complexity, number of staff
                affected, number of families affected);
                 (3) Assess the extent to which specific sources of administrative
                burdens may affect educational and functional results for children with
                disabilities; and
                 (4) Produce and make publicly available a plan that meets the
                requirements in paragraph (b) under the programmatic requirements of
                this priority and provide an opportunity for stakeholders enumerated in
                paragraph (a) of the programmatic requirements of this priority to
                comment on the plan; and
                 (d) Demonstrate, in the narrative section of the application under
                ``Quality of the management plan,'' how--(1) The proposed management
                [[Page 32320]]
                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,
                including the publication of the final plan on the State's website
                within three months of the close of the project period;
                 (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; and
                 (3) The proposed project will benefit from a diversity of
                perspectives, including those of families, educators, TA providers,
                researchers, and policymakers, among others, in its development and
                operation.
                 Proposed Priority 2: The Individuals with Disabilities Education
                Act (IDEA) Paperwork Reduction Planning and Implementation Program--
                Implementation Grants.
                 Implementation grants would provide funds for States to implement
                comprehensive plans to reduce administrative burdens submitted by the
                State and approved by the Secretary under section 609 of IDEA. This
                includes costs associated with developing products or materials that
                are part of comprehensive plans, such as creating information
                technology systems to automate paperwork, or creating new, streamlined
                paperwork to replace more time-consuming paperwork.
                 To be considered for funding under this priority, an applicant must
                meet the following application requirements. Each applicant must--
                 (a) Demonstrate, in the narrative section of the application under
                ``Quality of the project design,'' how the proposed project will--
                 (1) Disseminate information about changes in processes, practices,
                and procedures necessary to reduce administrative burdens to all
                special education teachers, related services providers, and State and
                local administrators affected by the State's waiver under section 609
                of IDEA (hereafter ``affected staff''), including--
                 (i) The modes of communication the project will use;
                 (ii) The frequency of communication; and
                 (iii) The content of such communications;
                 (2) Support the training of all affected staff regarding changes in
                processes, practices and procedures necessary to reduce administrative
                burdens, including a description of the project's intended means of
                providing this training;
                 (b) 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; and
                 (3) The proposed project will benefit from a diversity of
                perspectives, including those of families, educators, TA providers,
                researchers, and policymakers, among others, in its development and
                operation; and
                 (c) Include, in the narrative section of the application under
                ``Quality of the project evaluation,'' an evaluation plan for the
                implementation project. The evaluation plan must--
                 (1) Articulate formative and summative evaluation questions for
                evaluating important processes and outcomes, including whether, and how
                effectively, the waiver--
                 (i) Reduces paperwork burden on teachers, principals,
                administrators, and related services providers;
                 (ii) Reduces non-instructional time spent by teachers in complying
                with IDEA Part B;
                 (iii) Enhances longer-term educational planning;
                 (iv) Improves positive outcomes, including educational and
                functional results, for children with disabilities;
                 (v) Promotes collaboration between individualized education program
                (IEP) Team members; and
                 (vi) Ensures satisfaction of family members of children with
                disabilities and teachers, principals, administrators, and related
                service providers;
                 (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; and 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
                implementation project and evaluation plan, including subsequent data
                collection;
                 (4) Provide a timeline for conducting the evaluation and include
                staff assignments for completing the evaluation; and
                 (5) Dedicate sufficient funds in each budget year to cover the
                costs of developing, refining, and implementing the evaluation plan.
                Proposed Requirements
                 The Department proposes the following requirements for these
                priorities. We may apply one or more of these requirements in any year
                in which the program is in effect.
                 Funding Eligibility Requirements:
                 (a) In order to be eligible for an implementation grant an
                applicant must already have a waiver under section 609 of IDEA approved
                by the Secretary.
                 (b) For an applicant that receives a grant under proposed priority
                1--
                 (1) That does not submit a waiver proposal to the Secretary under
                section 609 of the IDEA within 12 months of the start of the project
                period, the grant will end after 12 months without opportunity for
                extension;
                 (2) That submits a waiver proposal to the Secretary under section
                609 of the IDEA within 12 months of the start of the project period,
                the project period will be automatically extended for a period, not to
                exceed six months, during which the Secretary will consider the
                proposal.
                 (i) While a State's waiver proposal is under review, grantees may
                continue to access available remaining funds to conduct one or more of
                the following planning grant activities:
                 (A) Responding to possible questions from the Department regarding
                the State's proposal to obtain a waiver under section 609 of IDEA and
                the IDEA Paperwork Reduction Waivers.
                 (B) Continuing to develop, or implement, planned activities to
                reduce administrative burdens.
                 (ii) If the Secretary approves the State's IDEA paperwork reduction
                waiver under section 609 of IDEA, the grantee may continue to access
                available remaining funds to ensure continuity of the project while
                applying for an implementation award under Priority 2 to implement and
                evaluate the IDEA Paperwork Reduction Waivers.
                 (iii) If the Secretary denies the State an IDEA paperwork reduction
                waiver under section 609 of IDEA, the project period will end no more
                than 30 days after the State's receipt of the Secretary's
                [[Page 32321]]
                decision, without opportunity for extension.
                Proposed Selection Criteria
                 The Department proposes the following selection criteria for
                evaluating applications under this program. We may apply one or more of
                these criteria in any year in which this program is in effect.
                 (a) Significance.
                 (1) The Secretary considers the significance of the proposed
                project.
                 (2) In determining the significance of the proposed project, the
                Secretary considers the likelihood that the proposed project will
                reduce administrative burdens and increase the time and resources
                available for instruction and other activities aimed at improving
                educational and functional results for children with disabilities.
                 (b) Quality of the project design.
                 (1) The Secretary considers the quality of the design of the
                proposed project.
                 (2) In determining the quality of the design of the proposed
                project, the Secretary considers the following factors:
                 (i) The extent to which the design of the proposed project will
                successfully reduce administrative burdens and increase the time and
                resources available for instruction and other activities aimed at
                improving educational and functional results for children with
                disabilities.
                 (ii) The extent to which the proposed project encourages and is
                responsive to consumer involvement, including parental involvement.
                 (iii) The extent to which the goals, objectives, and outcomes to be
                achieved by the proposed project are clearly specified and measurable.
                 (iv) The extent to which the design for implementing and evaluating
                the proposed project will result in information to guide possible
                replication of project activities or strategies, including information
                about the effectiveness of the approach or strategies employed by the
                project.
                 (c) Quality of the management plan.
                 (1) The Secretary considers the quality of the management plan for
                the proposed project.
                 (2) In determining the quality of the management plan for the
                proposed project, the Secretary considers how the applicant will ensure
                that a diversity of perspectives is brought to bear in the operation of
                the proposed project, including those of parents, teachers, related
                services providers, school administrators, and others, as appropriate.
                Final Priorities, Requirements, and Selection Criteria
                 We will announce the final priorities, requirements, and selection
                criteria in a document in the Federal Register. We will determine the
                final priorities, requirements, and selection criteria after
                considering public comments and other information available to the
                Department. This document does not preclude us from proposing
                additional priorities, requirements, definitions, or selection
                criteria, subject to meeting applicable rulemaking requirements.
                 Note: This document does not solicit applications. In any year
                in which we choose to use these proposed priorities, requirements,
                and selection criteria, we invite applications through a notice in
                the Federal Register.
                Executive Orders 12866, 13563, and 13771
                Regulatory Impact Analysis
                 Under Executive Order 12866, the Office of Management and Budget
                (OMB) determines whether this regulatory action is ``significant'' and,
                therefore, subject to the requirements of the Executive order and
                subject to review by OMB. Section 3(f) of Executive Order 12866 defines
                a ``significant regulatory action'' as an action likely to result in a
                rule that may--
                 (1) Have an annual effect on the economy of $100 million or more,
                or adversely affect a sector of the economy, productivity, competition,
                jobs, the environment, public health or safety, or State, local, or
                Tribal governments or communities in a material way (also referred to
                as an ``economically significant'' rule);
                 (2) Create serious inconsistency or otherwise interfere with an
                action taken or planned by another agency;
                 (3) Materially alter the budgetary impacts of entitlement grants,
                user fees, or loan programs or the rights and obligations of recipients
                thereof; or
                 (4) Raise novel legal or policy issues arising out of legal
                mandates, the President's priorities, or the principles stated in the
                Executive order.
                 OMB has determined that this proposed regulatory action is not a
                significant regulatory action subject to review by OMB under section
                3(f) of Executive Order 12866.
                 Under Executive Order 13771, for each new rule that the Department
                proposes for notice and comment or otherwise promulgates that is a
                significant regulatory action under Executive Order 12866, and that
                imposes total costs greater than zero, it must identify two
                deregulatory actions. For FY 2020, any new incremental costs associated
                with a new regulation must be fully offset by the elimination of
                existing costs through deregulatory actions. Because the proposed
                regulatory action is not significant, the requirements of Executive
                Order 13771 do not apply.
                 We have also reviewed this proposed regulatory action under
                Executive Order 13563, which supplements and explicitly reaffirms the
                principles, structures, and definitions governing regulatory review
                established in Executive Order 12866. To the extent permitted by law,
                Executive Order 13563 requires that an agency--
                 (1) Propose or adopt regulations only upon a reasoned determination
                that their benefits justify their costs (recognizing that some benefits
                and costs are difficult to quantify);
                 (2) Tailor its regulations to impose the least burden on society,
                consistent with obtaining regulatory objectives and taking into
                account--among other things and to the extent practicable--the costs of
                cumulative regulations;
                 (3) In choosing among alternative regulatory approaches, select
                those approaches that maximize net benefits (including potential
                economic, environmental, public health and safety, and other
                advantages; distributive impacts; and equity);
                 (4) To the extent feasible, specify performance objectives, rather
                than the behavior or manner of compliance a regulated entity must
                adopt; and
                 (5) Identify and assess available alternatives to direct
                regulation, including economic incentives--such as user fees or
                marketable permits--to encourage the desired behavior, or provide
                information that enables the public to make choices.
                 Executive Order 13563 also requires an agency ``to use the best
                available techniques to quantify anticipated present and future
                benefits and costs as accurately as possible.'' The Office of
                Information and Regulatory Affairs of OMB has emphasized that these
                techniques may include ``identifying changing future compliance costs
                that might result from technological innovation or anticipated
                behavioral changes.''
                 We are issuing these proposed priorities, requirements, and
                selection criteria based on a reasoned determination that the benefits
                would justify the costs. In choosing among alternative regulatory
                approaches, we selected those approaches that would maximize net
                benefits. Based on the analysis that follows, the Department believes
                that this regulatory action is consistent with the principles in
                [[Page 32322]]
                Executive Order 13563. In summary, the potential costs associated with
                this final 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--including improved data integration and improved data
                quality--would outweigh the costs incurred by applicants, and the costs
                of carrying out activities associated with the application will be paid
                for with program funds. For these reasons, we have determined that the
                costs of implementation will not be excessively burdensome for eligible
                applicants, including small entities.
                 We also have determined that this regulatory action would 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 priorities, requirements, and selection criteria
                contain information collection requirements that are approved by OMB
                under OMB control number 1820-0028; the proposed priorities,
                requirements, and selection criteria do not affect the currently
                approved data collection.
                Clarity of the Regulations
                 Executive Order 12866 and the Presidential memorandum ``Plain
                Language in Government Writing'' require each agency to write
                regulations that are easy to understand.
                 The Secretary invites comments on how to make the proposed
                priorities, requirements, and selection criteria easier to understand,
                including answers to questions such as the following:
                 Are the requirements in the proposed regulations clearly
                stated?
                 Do the proposed regulations contain technical terms or
                other wording that interferes with their clarity?
                 Does the format of the proposed regulations (grouping and
                order of sections, use of headings, paragraphing, etc.) aid or reduce
                their clarity?
                 Would the proposed regulations be easier to understand if
                we divided them into more (but shorter) sections?
                 Could the description of the proposed regulations in the
                SUPPLEMENTARY INFORMATION section of this preamble be more helpful in
                making the proposed regulations easier to understand? If so, how?
                 What else could we do to make the proposed regulations
                easier to understand?
                 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 special
                districts), with a population of less than 50,000.
                 The small entities that this proposed regulatory action would
                affect are State educational agencies; local educational agencies
                (LEAs), including charter schools that operate as LEAs under State law;
                and freely associated States and outlying areas. We believe that the
                costs imposed on an applicant by the proposed priorities, requirements,
                and selection criteria would be limited to paperwork burden related to
                preparing an application and that the benefits of the proposed
                priorities, requirements, and selection criteria would outweigh any
                costs incurred by the applicant.
                 Participation in the Technical Assistance and Dissemination to
                Improve Services and Results for Children with Disabilities program is
                voluntary. For this reason, the proposed priorities, requirements, and
                selection criteria 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 and Dissemination to Improve
                Services and Results for Children with Disabilities 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 and
                Dissemination to Improve Services and Results for Children with
                Disabilities program grant. An eligible entity would probably apply
                only if it determines that the likely benefits exceed the costs of
                preparing an application.
                 We believe that the proposed priorities, requirements, and
                selection criteria 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: Individuals with disabilities can obtain this
                document in an accessible format (e.g., braille, large print,
                audiotape, or compact disc) on request to the program contact person
                listed under FOR FURTHER INFORMATION CONTACT.
                 Electronic Access to This Document: The official version of this
                document is the document published in the Federal Register. You may
                access the official edition of the Federal Register and the Code of
                Federal Regulations at www.govinfo.gov. At this site you can view this
                document, as well as all other documents of this Department published
                in the Federal Register, in text or Portable Document Format (PDF). To
                use PDF you must have Adobe Acrobat Reader, which is available free at
                the site.
                 You may also access documents of the Department published in the
                Federal Register by using the article search feature at
                www.federalregister.gov.
                [[Page 32323]]
                Specifically, through the advanced search feature at this site, you can
                limit your search to documents published by the Department.
                Mark Schultz,
                Commissioner, Rehabilitation Services Administration. Delegated the
                authority to perform the functions and duties of the Assistant
                Secretary for the Office of Special Education and Rehabilitative
                Services.
                [FR Doc. 2020-11417 Filed 5-28-20; 8:45 am]
                BILLING CODE 4000-01-P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT