20 U.S.C. 1431(a)-(d) and 1434, unless otherwise noted.
57 FR 62099, Dec. 29, 1992, unless otherwise noted.
At 63 FR 23601, Apr. 29, 1998, part 318 was removed, effective Oct. 1, 1998.
This program serves to increase the quantity and improve the quality of personnel available to serve infants, toddlers, children, and youth with disabilities.
The following are eligible for assistance under this part:
(a) Institutions of higher education and appropriate nonprofit agencies are eligible under § 318.10 (a)(1), (a)(2), (a)(7), and (a)(8).
(b) Institutions of higher education, State agencies, and other appropriate nonprofit agencies are eligible under § 318.10(a)(3).
(c) States or other entities are eligible under § 318.10(a) (4) and (5). An entity may not receive financial assistance for a professional development partnership project and a technical assistance project during the same period.
(d) Institutions of higher education in partnership with local education agencies and center schools for students who are deaf are eligible under § 318.10(a)(6).
The following regulations apply to this program:
(a) The Education Department General Administrative Regulations (EDGAR) in the following parts of title 34 of the Code of Federal Regulations:
(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)).
(9) Part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this part 318.
(a)
Applicant
Application
Award
Department
EDGAR
Fiscal year
Grant period
Local educational agency
Nonprofit
Preschool
Private
Project
Public
Secretary
State
State educational agency
(b)
Deafness
Deaf-blindness
Other health impairments
Related services
Special education
(c)
(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.
(2) The term also includes children from birth through age two who are at risk of having substantial developmental delays if early intervention services are not provided.
(1) All children will start school ready to learn.
(2) The high school graduation rate will increase to at least 90 percent.
(3) Students will leave grades four, eight, and twelve having demonstrated competency in challenging subject matter, including English, mathematics, science, history, and geography, and every school will ensure that all students learn to use their minds well, so that they may be prepared for responsible citizenship, further learning, and productive employment in our modern economy.
(4) Students will be first in the world in science and mathematics achievement.
(5) Every adult will be literate and will possess the knowledge and skills necessary to compete in a global economy and exercise the rights and responsibilities of citizenship.
(6) Every school will be free of drugs and violence and will offer a disciplined environment conducive to learning.
(a) The Secretary supports training programs in the following eight areas:
(1) Preservice training of personnel for careers in special education, related services, and early intervention, including careers in—
(i) Special education teaching, including speech-language pathology, audiology, adapted physical education, and instructional and assistive technology;
(ii) Related services for children with disabilities in educational and other settings; and
(iii) Early intervention and preschool services.
(2) Leadership training, including—
(i) Supervision and administration at the advanced graduate, doctoral, and post-doctoral levels;
(ii) Research; and
(iii) Personnel preparation at the doctoral and post-doctoral levels.
(3) Special projects designed to include—
(i) Development, evaluation, and distribution of innovative approaches, curricula, and materials for personnel development; and
(ii) Other projects of national significance related to the preparation of personnel needed to serve infants, toddlers, children, and youth with disabilities.
(4) The formation of professional development programs consisting of consortia or partnerships of public and private entities.
(5) Technical assistance to the entities in paragraph (a)(4) of this section.
(6) Regional model demonstration training programs on deafness and secondary disabilities.
(7) Training educational interpreters.
(8) Training regular educators who serve students with deafness.
(b) Projects for preservice training, leadership training, and professional development programs must—
(1) Develop new programs to establish expanded capacity for quality preservice training; or
(2) Improve existing programs designed to increase the capacity and quality of preservice training.
(c) Projects supported under this program may provide training for degree, nondegree, certified, and noncertified personnel at associate degree through post-doctoral levels of preparation.
(a) The Secretary may, through a notice published in the
(1)
(2)
(i) Projects to train personnel identified as special education personnel in the regulations in this part are not appropriate, even if those personnel may be considered related services personnel in other settings.
(ii) This priority is not designed for general training. Projects must include inducements and preparation to increase the probability that graduates will direct their efforts toward supportive services to special education. For example, a project in occupational therapy (OT) might support a special component on pediatric or juvenile psychiatric OT, support those students whose career goal is OT in the schools, or provide for practica and internships in school settings.
(3)
(4)
(i) Supervision and administration at the advanced graduate, doctoral, and post-doctoral levels;
(ii) Research; and
(iii) Personnel preparation at the doctoral and post-doctoral levels.
(5)
(i) Appropriate areas of interest include—
(A) Preservice training programs to prepare regular educators to work with children and youth with disabilities and their families;
(B) Training teachers to work in community and school settings with children and youth with disabilities and their families;
(C) Inservice and preservice training of personnel to work with infants, toddlers, children, and youth with disabilities and their families;
(D) Inservice and preservice training of personnel to work with minority infants, toddlers, children, and youth with disabilities, and their families;
(E) Preservice and inservice training of special education and related services personnel in instructive and assistive technology to benefit infants, toddlers, children, and youth with disabilities; and
(F) Recruitment and retention of special education, related services, and early intervention personnel.
(ii) Both inservice and preservice training must include a component that addresses the coordination among all service providers, including regular educators.
(6)
(i) Establishing a program with colleges and universities to develop creative new programs and coursework options or to expand existing programs in the field of special education, related services, or early intervention. Funds may be used to provide release time for faculty and staff for curriculum development, instructional costs, and modest start-up and other program development costs.
(ii) Establishing a career development mentoring program using faculty and professional staff members of participating agencies as role models, career sponsors, and academic advisors for experienced State, city, county, and voluntary sector workers who have demonstrated a commitment to working in these fields and who are enrolled in higher education institution programs relating to these fields.
(iii) Supporting a wide range of programmatic and research activities aimed at increasing opportunities for career advancement and competency-based training in these fields.
(iv) Identifying existing public agency, private agency, and labor union personnel policies and benefit programs that may facilitate the ability of workers to take advantage of higher
(7)
(i) Identifying the specific technical assistance needs of individual projects.
(ii) Conducting annual meetings at the national level.
(iii) Identifying other projects under the Act related to professional development for the purpose of coordinating professional development projects. Coordination activities may include conferences, publications, and maintenance of documents and data relevant to the activities of the professional development projects.
(iv) Cooperating with other projects and organizations on common goals.
(v) Disseminating information through media, newsletters, computers, and written documentation.
(vi) Evaluating center activities, including impact determination, and evaluation assistance to centers.
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(i) Increased collaboration among providers of special education, regular education, bilingual education, migrant education, and vocational education, and among public and private agencies and institutions.
(ii) Improved coordination of services among health and social services agencies and within communities regarding services for children with disabilities and their families.
(iii) Increased systematic parental involvement in the education of their children with disabilities.
(iv) Inclusion of children with disabilities in all aspects of education and society.
(v) Training that is designed to enable special education teachers to teach, as appropriate, to world class standards (such as those developed by the National Council on Teachers of Mathematics) as those standards are developed.
(18)
(19)
(20)
(21)
(b) Under paragraph (a) of this section, the Secretary may identify an amount of funds to be set aside for projects to address the needs of children with particular disabilities and in particular States or geographic areas. Decisions to implement this paragraph would be based on review of each State's comprehensive systems of personnel development, special studies, and other information.
(a) An applicant under § 318.10 (a)(1), (a)(2), (a)(6), or (a)(8) shall demonstrate that the proposed project is consistent with the needs for personnel, including personnel to provide special education services to children with limited English proficiency, identified by the comprehensive systems of personnel development of the State or States typically employing program graduates.
(b) A project under § 318.10 (a)(1), (a)(2), (a)(6), or (a)(8) must include—
(1) Training techniques and procedures designed to foster collaboration among special education teachers, regular teachers, administrators, related service personnel, early intervention personnel, and parents;
(2) Training techniques, procedures, and practica designed to demonstrate the delivery of services in an array of regular, special education, and community settings; and
(3) Interdisciplinary preparation of trainees.
(c) An applicant shall demonstrate how it will address, in whole or in part, the needs of infants, toddlers, children, and youth with disabilities from minority backgrounds.
(d) An applicant under § 318.10 (a)(1), (a)(2), (a)(6), or (a)(8) shall present a detailed description of strategies for recruitment and training of members of minority groups and persons with disabilities.
(e) For technical assistance under § 318.10(a)(5), to professional development partnership projects, an applicant shall demonstrate capacity and expertise in the education, training, and retention of workers to serve children and youth with disabilities through the use of consortia or partnerships established for the purpose of retaining the existing workforce and providing opportunities for career enhancements.
(f) An applicant under § 318.10 ((a)(1), (a)(2), (a)(6), or (a)(8) shall demonstrate that it meets State and professionally recognized standards for the training of personnel, as evidenced by appropriate State and professional accreditation, unless the award is for the purpose of assisting the applicant to meet those standards.
(g) An applicant under § 318.10(a)(7) must provide an assurance that all interpreters receiving training under the grant will be provided training designed to develop skills necessary for facilitating effective communication for students who are deaf or deaf-blind.
(a) The Secretary evaluates an application on the basis of the criteria in §§ 318.22, 318.23, and 318.24.
(b) The Secretary awards up to 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 all applications for preservice training under § 318.10(a)(1), leadership training under § 318.10(a)(2), professional development projects under § 318.10(a)(4), regional model demonstration training programs on deafness and secondary disabilities under § 318.10(a)(6), training educational interpreters under § 318.10(a)(7), and training regular educators to serve students with deafness under § 318.10(a)(8).
(a)
(1) The significance of the personnel needs to be addressed to the provisions of special education, related services, and early intervention. Significance of needs identified by the applicant may be shown by—
(i) Evidence of critical shortages of personnel to serve infants, toddlers, children, and youth with disabilities, including those with limited English proficiency, in targeted specialty or geographic areas, as demonstrated by data from the State comprehensive systems of personnel development; reports from the Clearinghouse on Careers and Employment of Personnel serving children and youth with disabilities; or other indicators of need that the applicant demonstrates are relevant, reliable, and accurate; or
(ii) Evidence showing significant need for improvement in the quality of personnel providing special education, related services, and early intervention services, as shown by comparisons of actual and needed skills of personnel in targeted speciality or geographic areas; and
(2) The impact the proposed project will have on the targeted need. Evidence that the project results will have an impact on the targeted needs may include—
(i) The projected number of graduates from the project each year who will have necessary competencies and certification to affect the need;
(ii) For ongoing programs, the extent to which the applicant's projections are supported by the number of previous program graduates that have entered the field for which they received training, and the professional contributions of those graduates; and
(iii) For new programs, the extent to which program features address the projected needs, the applicant's plan for helping graduates locate appropriate employment in the area of need, and the program features that ensure that graduates will have competencies needed to address identified qualitative needs.
(b)
(1) The qualifications and accomplishments of the project director and other key personnel directly involved in the proposed training program, including prior training, publications, and other professional contributions;
(2) The amount of time each key person plans to commit to the project;
(3) How the applicant, as a part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disability;
(4) The adequacy of resources, facilities, supplies, and equipment that the applicant plans to commit to the project;
(5) The quality of the practicum training settings, including evidence that they are sufficiently available; apply state-of-the-art services and model teaching practices, materials, and technology; provide adequate supervision to trainees; offer opportunities for trainees to teach; and foster interaction between students with disabilities and their nondisabled peers;
(6) The capacity of the applicant to recruit well-qualified students;
(7) The experience and capacity of the applicant to assist local public schools and early intervention service agencies in providing training to these personnel, including the development of model practicum sites; and
(8) The extent to which the applicant cooperates with the State educational agency, the State-designated lead agency under part H of the Act, other institutions of higher education, and other appropriate public and private agencies in the region served by the applicant in identifying personnel needs and plans to address those needs.
(c)
(1) High quality in the design of the project;
(2) The extent to which the plan of management ensures effective, proper, and efficient administration of the project;
(3) How well the objectives of the project relate to the purpose of the program;
(4) The way the applicant plans to use its resources and personnel to achieve each objective;
(5) The extent to which the application includes a delineation of competencies that program graduates will acquire and how the competencies will be evaluated;
(6) The extent to which substantive content and organization of the program—
(i) Are appropriate for the students’ attainment of professional knowledge and competencies deemed necessary for the provision of quality educational and early intervention services for infants, toddlers, children, and youth with disabilities; and
(ii) Demonstrate an awareness of methods, procedures, techniques, technology, and instructional media or materials that are relevant to the preparation of personnel who serve infants, toddlers, children, and youth with disabilities; and
(7) The extent to which program philosophy, objectives, and activities implement current research and demonstration results in meeting the educational or early intervention needs of infants, toddlers, children, and youth with disabilities.
(d)
(1) Are appropriate for the project;
(2) To the extent possible, are objective and produce data that are quantifiable, including, but not limited to, the number of trainees graduated and hired; and;
(3) Provide evidence that evaluation data and student follow-up data are systematically collected and used to modify and improve the program. (See 34 CFR 75.590, Evaluation by the grantee.)
(e)
(1) The budget for the project is adequate to support the project activities;
(2) Costs are reasonable in relation to the objectives of the project; and
(3) The applicant presents appropriate plans for the institutionalization of federally supported activities into basic program operations.
The Secretary uses the following criteria to evaluate special projects under § 318.10(a)(3):
(a)
(b)
(1) The project's potential for national significance, its potential for replication and effectiveness, and the quality of its plan for dissemination of the results of the project;
(2) The extent to which substantive content and organization of the project—
(i) Are appropriate for the attainment of knowledge that is necessary for the provision of quality educational and early intervention services to infants, toddlers, children, and youth with disabilities; and
(ii) Demonstrate an awareness of relevant methods, procedures, techniques, technology, and instructional media or materials that can be used in the development of a model to prepare personnel to serve infants, toddlers, children, and youth with disabilities; and
(3) The extent to which program philosophy, objectives, and activities are related to the educational or early intervention needs of infants, toddlers, children, and youth with disabilities.
(c)
(1) High quality in the design of the project;
(2) An effective plan of management that ensures proper and efficient administration of the project;
(3) How the objectives of the project relate to the purpose of the program; and
(4) The way the applicant plans to use its resources and personnel to achieve each objective.
(d)
(1) Are appropriate for the project; and
(2) To the extent possible, are objective and produce data that are quantifiable. (See 34 CFR 75.590, Evaluation by the grantee.)
(e)
(1) The qualifications of the project director;
(2) The qualifications of each of the other key personnel to be used in the project;
(3) The time that each of the key personnel plans to commit to the project;
(4) How the applicant, as a part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disability; and
(5) Evidence of the key personnel's past experience and training in fields related to the objectives of the project.
(f)
(g)
(1) The budget is adequate to support the project; and
(2) Costs are reasonable in relation to the objectives of the project.
The Secretary uses the following criteria to evaluate applications for technical assistance activities under § 318.10(a)(5):
(a)
(1) The quality of the project design;
(2) The effectiveness of the management plan in ensuring proper and efficient administration of the project;
(3) How the objectives of the project relate to the purpose of the program; and
(4) The way the applicant plans to use its resources and personnel to achieve each objective.
(b)
(1) The project's potential for national significance, its potential for effectiveness, and the quality of its plan for dissemination of the results of the project;
(2) The extent to which substantive content and organization of the program—
(i) Are appropriate for the attainment of knowledge that is necessary for the provision of quality educational and early intervention services to infants, toddlers, children, and youth with disabilities; and
(ii) Demonstrate an awareness of relevant methods, procedures, techniques, technology, and instructional media or materials that can be used in the development of a model to prepare personnel to serve infants, toddlers, children, and youth with disabilities; and
(3) The extent to which program philosophy, objectives, and activities are related to the educational or early intervention needs of infants, toddlers, children, and youth with disabilities.
(c)
(1) Experience and training in fields related to the objectives of the project;
(2) National experience relevant to performance of the functions supported by this program;
(3) Ability to conduct the proposed project;
(4) Ability to communicate with intended consumers of information;
(5) Ability to maintain necessary communication and coordination with other relevant projects, agencies, and organizations; and
(6) Capacity and expertise in the education, training, and retention of workers to serve children and youth with disabilities through the use of consortia or partnerships established for the purpose of retaining the existing workforce and providing opportunities for career enhancements.
(d)
(1) The qualifications of the project director;
(2) The qualifications of each of the other key personnel to be used in the project;
(3) The time that each of the key personnel plans to commit to the project; and
(4) How the applicant, as a part of its nondiscriminatory employment practices, will ensure that its personnel are selected for employment without regard to race, color, national origin, gender, age, or disability.
(e)
(1) Are appropriate for the project; and
(2) To the extent possible, are objective and produce data that are quantifiable. (See 34 CFR 75.590, Evaluation by the grantee.)
(f)
(g)
(1) The budget is adequate to support the project; and
(2) Costs are reasonable in relation to the objectives of the project.
To the extent feasible, the Secretary ensures that projects for professional development partnerships under § 318.10(a)(4) and training educational interpreters under § 318.10(a)(7) are geographically dispersed throughout the Nation in urban and rural areas.
A grantee shall give priority consideration in the selection of qualified recipients of fellowships and traineeships to individuals from disadvantaged backgrounds, including minorities and individuals with disabilities who are underrepresented in the teaching profession or in the specializations in which they are being trained.
The sum of the assistance provided to a student under this part and any other assistance provided the student may not exceed the student's cost of attendance as follows:
(a)
(1) Tuition and fees normally assessed a student carrying the same academic workload (as determined by the institution) including costs for rental
(2) An allowance (as determined by the institution) for books, supplies, transportation, and miscellaneous personal expenses for a student attending the institution on at least a half-time basis;
(3) An allowance (as determined by the institution) for room and board costs incurred by the student that—
(i) Is not less than $1,500 for students without dependents residing at home with parents;
(ii) Is the standard amount that the institution normally assesses its residents for room and board for students without dependents residing in institutionally owned or operated housing; and
(iii) Is based for all other students on the expenses reasonably incurred for room and board outside the institution, except that the amount may not be less than $2,500;
(4) For less than half-time students (as determined by the institution), tuition and fees and an allowance for books, supplies, and transportation (as determined by the institution) and dependent care expenses (in accordance with paragraph (a)(7) of this section);
(5) For a student engaged in a program of study by correspondence, only tuition and fees; and, if required, books and supplies, travel, and room and board costs incurred specifically in fulfilling a required period of residential training;
(6) For a student enrolled in an academic program that normally includes a formal program of study abroad, reasonable costs associated with the study as determined by the institution;
(7) For a student with one or more dependents, an allowance, as determined by the institution, based on the expenses reasonably incurred for dependent care based on the number and age of the dependents; and
(8) For a student with a disability, an allowance, as determined by the institution, for those expenses related to his or her disability, including special services, transportation, equipment, and supplies that are reasonably incurred and not provided for by other assisting agencies.
(b) For a student receiving all or part of his or her instruction by means of telecommunications technology, no distinction may be made with respect to the mode of instruction in determining costs, but this paragraph may not be construed to permit including the cost of rental or purchase of equipment.
Direct financial assistance may only be paid to a student in a preservice program, and only if the student—
(a) Is qualified for admission to the program of study;
(b) Maintains satisfactory progress in a course of study as defined in 34 CFR 668.7; and
(c)(1) Is a citizen or national of the United States;
(2) Provides evidence from the U.S. Immigration and Naturalization Service that he or she—
(i) Is a permanent resident of the United States; or
(ii) Is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident; or
(3) Has a permanent or lasting—as distinguished from temporary—principal, actual dwelling place in fact, without regard to intent, in Palau or the Commonwealth of the Northern Mariana Islands.
Financial assistance awarded to a student that is unexpended because the student withdraws or is dismissed from the training program may be used for financial assistance to other eligible students during the grant period.
Recipients shall, if appropriate, prepare reports describing their procedures, findings, and other relevant information in a form that will maximize