The EEPCD supports activities that are designed—

(a) To address the special needs of children with disabilities, birth through age eight, and their families; and

(b) To assist State and local entities in expanding and improving programs and services for these children and their families.

(a)(1) Public agencies and nonprofit private organizations are eligible for a grant or cooperative agreement under § 309.3 (a) through (h).

(2) Profit-making organizations are also eligible under § 309.3 (e) and (f).

(b) States are eligible for grants or cooperative agreements under § 309.3(i).

The Secretary may provide financial assistance in the form of a contract grant or cooperative agreement under this part to support the following activities:

(a) Experimental projects. These projects support the design of investigative models that compare alternative and innovative practices related to early intervention, preschool, and early education services for children with disabilities and their families.

(b) Demonstration projects. These projects assist in developing and implementing preschool and early intervention program practices that establish specific strategics and products worthy of dissemination and replication.

(c) Outreach projects. These projects support the replication of established practices to assist other agencies and organizations in expanding and improving services to children with disabilities and their families.

(d) Research institutes. These institutes are designed to carry on sustained research to generate and disseminate new information on preschool and early intervention programs.

(e) Research projects. These projects are designed to identify and meet the full range of special needs of children covered under this part.

(f) Training projects. These projects support the training of personnel for programs specifically designed for children with disabilities, including programs to integrate children with disabilities into regular preschool programs.

(g) Technical assistance development system. This system assists entities operating experimental, demonstration, and outreach programs and assists State agencies to expand and improve services to children with disabilities.

(h) Synthesis projects. These projects synthesize the knowledge developed under this part and organize, integrate, and present the knowledge so it can be incorporated and imparted to parents, professionals, and others providing or preparing to provide preschool or early intervention services and to persons designing preschool or early intervention programs.

(i) Statewide data systems projects. These projects establish an inter-agency, multi-disciplinary, and coordinated statewide system for the identification, tracking, and referral to appropriate services of all categories of children who are biologically or environmentally at risk of having developmental delays.

The following regulations apply to grants and cooperative agreements under this program:

(a) The Education Department General Administrative Regulations (EDGAR) established in title 34 of the Code of Federal Regulations in—

(1) Part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations);

(2) Part 75 (Direct Grant Programs);

(3) Part 77 (Definitions that Apply to Department Regulations);

(4) Part 79 (Intergovernmental Review of Department of Education Programs and Activities);

(5) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments);

(6) Part 81 (General Education Provisions Act—Enforcement);

(7) Part 82 (New Restrictions on Lobbying);

(8) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)); and

(9) Part 86 (Drug-Free Schools and Campuses)

(b) The regulations in this part 309.

(a) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR 77.1:

(b) Definitions in 34 CFR part 300. The following terms used in this part are defined in 34 CFR part 300. The section of part 300 that contains the definition is given in parentheses:

(c) Other definitions. The following definitions also apply to this part.

Act. As used in this part, Act means the Individuals with Disabilities Education Act.

Children with disabilities. (1) As used in this part, children with disabilities means those children from birth through age eight—

(i) With mental retardation, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and

(ii) Who, because of those impairments, need special education and related services.

(2) The term includes infants and toddlers, birth through age two, who need early intervention services because they—

(i) Are experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Cognitive development, physical development including vision and hearing, language and speech development, psychosocial development, or self-help skills, or

(ii) Have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.

(3) The term also includes individuals from birth through age two who are at risk of having substantial developmental delays if early intervention services are not provided.

(4) For children aged three to five, inclusive, the term may, at a State's discretion, include children—

(i) Who are experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas; Physical development, cognitive development, communication development, social or emotional development, or adaptive development; and

(ii) Who, for that reason, need special education and related services.

Applicants for assistance under this part must submit a separate application for each activity in § 309.3 that is announced for competition.

The Secretary may establish as a priority any activity in § 309.3.

(a) The Secretary evaluates an application under this part on the basis of the criteria in § 309.21.

(b) The Secretary awards up 100 points for these criteria.

(c) The maximum possible score for each criterion is indicated in parentheses.

The Secretary uses the following criteria to evaluate applications unless, with regard to training projects, he determines that the selection criteria in 34 CFR part 318 are more appropriate:

(a) Importance. (15 points) (1) The Secretary reviews each application to determine the extent to which the proposed project addresses concerns in light of the purposes of this part.

(2) The Secretary considers—

(i) The significance of the problem or issue to be addressed;

(ii) The extent to which the project is based on previous research findings related to the problem or issue;

(iii) The numbers of individuals who will benefit; and

(iv) How the project wil address the identified problem or issue.

(b) Impact. (15 points) (1) The Secretary reviews each application to determine the probable impact of the proposed project in meeting the needs of children with disabilities, birth through age eight, and their families.

(2) The Secretary considers—

(i) The contribution that project findings or products will make to current knowledge and practice;

(ii) The methods used for dissemination of project findings or products to appropriate target audiences; and

(iii) The extent to which findings or products are replicable, if appropriate.

(c) Technical soundness. (35 points) (1) The Secretary reviews each application to determine the technical soundness of the project plan.

(2) In reviewing applications under this part, the Secretary considers—

(i) The quality of the design of the project;

(ii) The proposed sample or target population, including the numbers of participants involved and methods that will be used by the applicant to ensure that participants who are otherwise eligible to participate are selected without regard to race, color, national origin, gender, age, or disability;

(iii) The methods and procedures used to implement the design, including instrumentation and data analysis; and

(iv) The anticipated outcomes.

(3) With respect to training projects in applying the criterion in paragraph (c)(2)(iii) of this section, the Secretary considers—

(i) The curriculum, course sequence, and practice leading to specific competencies; and

(ii) The relationship of the project to the comprehensive system of personnel development plans required by parts B and H of the Act, and State licensure or certification standards.

(4) In addition to the criteria in paragraph (c)(2) of this section, the Secretary, in reviewing outreach projects, also considers—

(i) The agencies to be served through outreach activities;

(ii) The current services, their location, and anticipated impact of outreach assistance for each of those agencies;

(iii) The model demonstration project upon which the outreach project is based, including the effectiveness of the model program with children, families, or other recipients of project services; and

(iv) The likelihood that the demonstration project will be continued and supported by funds other that those available through this part.

(d) Plan of operation. (10 points) (1) The Secretary reviews each application to determine the quality of the plan of operation for the project.

(2) The Secretary considers—

(i) The extent to which the management plan will ensure proper and efficient administration of the project:

(ii) Clarity in the goals and objectives of the project;

(iii) The quality of the activities proposed to accomplish the goals and objectives;

(iv) The adequacy of proposed timeliness for accomplishing those activities; and

(v) Effectiveness in the ways in which the applicant plans to use the resources and personnel to accomplish the goals and objectives.

(e) Evaluation plan. (5 points) (1) The Secretary reviews each application to determine the quality of the plan for evaluating project goals, objectives, and activities.

(2) The Secretary considers the extent to which the methods of evaluation are appropriate and produce objectives and quantifiable data.

(f) Quality of key personnel. (10 points) (1) The Secretary reviews each application to determine the qualifications of the key personnel the applicant plans to use.

(2) The Secretary considers—

(i) The qualifications of the project director and project coordinator (if one is used);

(ii) The qualifications of each of the other key project personnel;

(iii) The time that each person referred to in paragraphs (f)(2) (i) and (ii) of this section will commit to the project; and

(iv) How the applicant will ensure that personnel are selected for employment without regard to race, color, national origin, gender, age, or disability.

(3) The Secretary considers experience and training in areas related to project goals to determine qualifications of key personnel.

(g) Adequacy of resources. (5 points) (1) The Secretary reviews each application to determine adequacy of resources allocated to the project.

(2) The Secretary considers the adequacy of the facilities and the equipment and supplies that the applicant plans to use.

(h) Budget and cost-effectiveness. (5 points) (1) The Secretary reviews each application to determine if the project has an adequate budget.

(2) The Secretary considers the extent to which—

(i) The budget for the project is adequate to undertake project activities; and

(ii) Costs are reasonable in relation to objectives of the project.

To the extent feasible, the Secretary, in addition to using the selection criteria in § 309.21, geographically disperses awards for experimental, demonstration, outreach, and statewide data systems projects throughout the Nation in urban and rural areas.

(a) Experimental, demonstration, and outreach projects must include services and activities that are designed to—

(1) Facilitate the intellectual, emotional, physical, mental, social, speech or other communication mode, language development, and self-help skills of children with disabilities;

(2) Provide family education and include a parent or their representative, as well as encourage the participation of parents of children with disabilities, in the development and operation of projects under this section;

(3) Acquaint the community in which the project is located with the special needs and potentialities of children with disabilities;

(4) Offer training about exemplary models and practices, including interdisciplinary models and practices, to State and local personnel who provide services to children with disabilities, and to the parents of these children;

(5) Support the adoption of exemplary models and practices in States and local communities, including the involvement of adult role models with disabilities at all levels of the program;

(6) Facilitate and improve the early identification of infants and toddlers with disabilities or those infants and toddlers at risk of having developmental disabilities;

(7) Facilitate the transition of infants with disabilities or infants at risk of having developmental delays, from medical care to early intervention services, and the transition from early intervention services to preschool special education or regular education services (especially where the lead agency for early intervention services under part H of the Act is not the State educational agency);

(8) Promote the use of assistive technology devices and assistive technology services, if appropriate, to enhance the development of infants and toddlers with disabilities;

(9) Increase the understanding of, and address, the early intervention and preschool needs of children exposed prenatally to maternal substance abuse;

(10) Facilitate and improve outreach to low-income, minority, rural, and other underserved populations eligible for assistance under parts B and H of the Act; and

(11) Support statewide projects, in conjunction with a State's application under part H of the Act and a State's plan under part B or the Act, to change the delivery of early intervention services to infants and toddlers with disabilities, and to change the delivery of special education and related services to preschool children with disabilities, from segregated to integrated environments.

(b) Experimental, demonstration, and outreach projects must be coordinated with State and local educational agencies, and appropriate public and private health and social service agencies, in order to—

(1) Inform those agencies of the nature and purposes of the assisted project's activities or services; and

(2) Provide opportunities for the project staff to coordinate their activities with staff of other agencies.

(a) Federal financial participation for an experimental, demonstration, or outreach project may not exceed 90 percent of the total annual costs of development, operation, and evaluation of the project.

(b) The Secretary may waive the matching requirement in paragraph (a) of this section in the case of an arrangement entered into with governing bodies of Indian tribes located on Federal or State reservations and with consortia of those bodies if they are able to demonstrate that insufficient resources are available.

(a) The technical assistance development system shall provide assistance to parents of and advocates for infants, toddlers, and children with disabilities, as well as direct service and administrative personnel involved with these children, including assistance to part H State agencies on procedures for use by primary referral sources in referring a child to the appropriate agency within the system for evaluation, assessment, or service.

(b) Information from the system should be aggressively disseminated through established information networks and other mechanisms to ensure both an impact and benefits at the community level.

Recipients of statewide data systems projects shall—

(a) Create a data system within the first year to document the numbers and types of at-risk children in the State and to develop linkages with all appropriate existing child data and tracking systems that assist in providing information;

(b) Coordinate activities with the child find component required under parts B and H of the Act;

(c) Demonstrate the involvement of the lead agency and the State interagency coordinating council under part H of the Act as well as the State educational agency under part B of the Act;

(d) Coordinate with other relevant prevention activities across appropriate service agencies, organizations, councils, and commissions;

(e) Define an appropriate service delivery system based on children with various types of at-risk factors; and

(f) Document the need for additional services as well as barriers.

Grantees shall, if appropriate, prepare reports describing their procedures, findings, and other relevant information in a form that will maximize the dissemination and use of such procedures, findings, and information. The Secretary shall require their delivery, as appropriate, to the Regional and Federal Resource Centers, the Clearinghouses, and the Technical Assistance to Parents Program (TAPP) assisted under parts C and D of the Act, as well as the National Diffusion Network, the ERIC Clearinghouse on the Handicapped and Gifted, and the Child and Adolescent Service Systems Program (CASSP) under the National Institute of Mental Health, appropriate parent and professional organizations, organizations representing individuals with disabilities, and such other networks as the Secretary may determine to be appropriate.