Office of Special Education and Rehabilitative Services, Department of Education.
Notice of final priority and eligibility requirements.
The Assistant Secretary for Special Education and Rehabilitative Services announces a funding priority and eligibility requirements under the Technical Assistance on State Data Collection program authorized under the Individuals with Disabilities Education Act (IDEA). The Assistant Secretary may use the priority and eligibility requirements for competitions in fiscal year (FY) 2007 and later years. We take this action to focus attention on an identified national need to provide technical assistance to improve the capacity of States to meet data collection requirements relating to their implementation of section 616 of the IDEA.
Scott Campbell Brown, U.S. Department of Education, 400 Maryland Avenue, SW., room 4076, Potomac Center Plaza, Washington, DC 20202–2700. Telephone: (202) 245–7282 or via Internet:
If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service (FRS) at 1–800–877–8339.
Individuals with disabilities may obtain this document in an alternative format (
We published a notice of proposed priority and eligibility requirements (NPP) for this program in the
In response to the Secretary's invitation in the NPP, four parties submitted comments on the proposed priority. An analysis of the comments follows. We group major issues according to subject. Generally, we do not address technical and other minor and suggested changes that we are not allowed to make under the applicable statutory authority.
Paragraph (c) in the priority provides examples of activities that the Center may conduct to improve States' data quality. We do not agree that the priority should be more prescriptive about the types of activities that the Center must provide. Rather, we believe that the Center should have the flexibility to work with States and determine the activities that would be most appropriate, given each State's unique needs.
This notice does
(a) Develop and implement an annual strategic plan for technical assistance and dissemination to improve State-reported data. At the end of each year, the Center must prepare and submit to the Department a summary and evaluation of its technical assistance and dissemination activities for the year;
(b) Design and conduct two national data managers' meetings each year of the project period, of approximately 100 participants each, to provide information and technical assistance to State Part B and C data managers. Both meetings must be held in the Washington, DC metropolitan area in facilities that are accessible to individuals with disabilities. The Center must arrange and pay for meeting rooms; honoraria and expenses for speakers; visual aids and print materials; and travel expenses, lodging, and per diem at government rates for one to two representatives from each State or reporting entity. The meetings must include both large-group and small-group sessions, as well as time for informal discussions. Topics for the meetings must include specific State-reported data problems identified during the year, methods of data collection and verification, updates on Federal reporting requirements, potential uses of data by States, and reports on other data collections specified by the Office of Special Education Programs (OSEP). Each meeting also must include a training session for new State data managers. After each meeting, the Center must prepare and disseminate a newsletter that summarizes meeting highlights and describes key presentations and handouts;
(c) Provide technical assistance and information to States to improve State data quality through activities such as: (1) Developing data systems, including monitoring systems, that incorporate the collection and analysis of valid data to measure Statewide progress on State targets; (2) developing data systems, including monitoring systems, that incorporate the collection and analysis of valid data, to measure local progress on State targets; (3) interpreting and portraying data related to State targets, including data obtained through monitoring; (4) incorporating data analysis results into State and local strategies for improving performance under parts B and C; (5) developing and revising measurable and rigorous targets based on data and input from stakeholder groups, for State Performance Plans (SPPs); (6) collecting and disseminating valid and reliable assessment data relative to State achievement standards; (7) developing technically-sound sampling plans for collecting valid and reliable data on SPP indicators that permit sampling; and (8) developing training modules for SEAs, State lead agencies, local educational agencies (LEAs) and early intervention service (EIS) programs that focus on collecting high-quality data;
(d) Develop and distribute to States: (1) Annual updates of the part B and part C data dictionaries, data collection histories, and data fact sheets; (2) current State data system profiles describing the types of systems employed by States including their efforts to ensure collection of high-quality data; (3) analyses of data provided by States under sections 616 and 618 of the IDEA addressing the process by which a State collects, enters, and verifies data; (4) based on State-reported data, a description and analysis of data trends relative to States' performance on their measurable and rigorous targets; (5) tables of annual State data organized to provide States with an enhanced perspective of their performance relative to other States; (6) data and other information for the Web site,
(e) Provide direct interaction with, and support to, States by mail, telephone, online communication, video, or on-site visits, including
(f) Assist States to provide high-quality data to the Department's ED
(g) Assist the Department with developing forms for collecting data not submitted through ED
(h) Conduct an annual assessment of the operations and processes to collect section 618 data from States and make specific recommendations to OSEP to improve, enhance, or redesign current processes to meet the Department's needs for data collections in ED
(i) Establish, maintain, and meet at least annually with a national advisory group that will be responsible for providing annual feedback on the plans, activities, and accomplishments of the Center;
(j) Maintain ongoing communication with the OSEP Project Officer, including monthly conference calls. The Center must budget for a three-day Project Directors' meeting in Washington, DC during each year of the project, plus ten additional two-day trips annually to Washington, DC to attend national meetings and to meet with the OSEP Project Officer and other funded projects for purposes of cross-project collaboration and information exchange;
(k) Budget five percent of the award amount annually to support emerging needs as identified jointly through consultation with the OSEP project officer; and
(l) If the project maintains a Web site, include relevant information and documents in a format that meets a government or industry-recognized standard for accessibility.
In each budget period of 12 months, approximately 30 percent of the effort under this priority must be devoted to activities and products described in paragraph (c) of the priority (technical assistance and information to States), and approximately 70 percent of the effort must be devoted to the remaining activities described in the priority.
In deciding whether to continue funding the Center for the fourth and fifth years, the Secretary will consider the requirements of 34 CFR 75.253(a), and in addition—
(1) The recommendation of a review team consisting of experts selected by the Secretary, which review will be conducted in Washington, DC during the last half of the project's second year. The Center must budget for travel expenses associated with this one-day intensive review;
(2) The timeliness and effectiveness with which all requirements of the negotiated cooperative agreement have been, or are being, met by the Center; and
(3) Evidence of the degree to which the Center's activities have contributed to improvements in the quality of State-reported data.
The following entities are eligible for funding under this program: Public and private agencies and organizations, including for-profit and non-profit agencies and organizations.
This notice of final priority and eligibility requirements has been reviewed in accordance with Executive Order 12866. Under the terms of the order, we have assessed the potential costs and benefits of this regulatory action.
The potential costs associated with this regulatory action are those resulting from statutory requirements and those we have determined as necessary for administering this program effectively and efficiently.
In assessing the potential costs and benefits—both quantitative and qualitative—of this regulatory action, we have determined that the benefits of the regulatory action justify the costs.
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.
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 Federal financial assistance.
This document provides early notification of our specific plans and actions for this program.
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