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  <FDSYS>
    <CFRTITLE>34</CFRTITLE>
    <CFRTITLETEXT>Education</CFRTITLETEXT>
    <VOL>2</VOL>
    <DATE>1998-07-01</DATE>
    <ORIGINALDATE>1998-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>SPECIAL STUDIES PROGRAM</TITLE>
    <GRANULENUM>327</GRANULENUM>
    <HEADING>PART 327</HEADING>
    <ANCESTORS>
      <PARENT HEADING="" SEQ="1"/>
    </ANCESTORS>
  </FDSYS>
  <PART>
    <EAR>Pt. 327</EAR>
    <HD SOURCE="HED">PART 327—SPECIAL STUDIES PROGRAM</HD>
    <CONTENTS>
      <SUBPART>
        <HD SOURCE="HED">Subpart A—General</HD>
        <SECHD>Sec.</SECHD>
        <SECTNO>327.1</SECTNO>
        <SUBJECT>What is the Special Studies Program?</SUBJECT>
        <SECTNO>327.2</SECTNO>
        <SUBJECT>Who is eligible to apply for an award under this program?</SUBJECT>
        <SECTNO>327.3</SECTNO>
        <SUBJECT>What regulations apply to this program?</SUBJECT>
        <SECTNO>327.4</SECTNO>
        <SUBJECT>What definitions apply to this program?</SUBJECT>
        <SECTNO>327.5—327.9</SECTNO>
        <SUBJECT>[Reserved]</SUBJECT>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart B—What Kinds of Projects Does the Secretary Assist Under This Program?</HD>
        <SECTNO>327.10</SECTNO>
        <SUBJECT>What kinds of priorities are authorized under this part?</SUBJECT>
        <SECTNO>327.11—327.19</SECTNO>
        <SUBJECT>[Reserved]</SUBJECT>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart C[Reserved]</HD>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart D—How Does the Secretary Make an Award?</HD>
        <SECTNO>327.30</SECTNO>
        <SUBJECT>How does the Secretary establish priorities for an award?</SUBJECT>
        <SECTNO>327.31</SECTNO>
        <SUBJECT>What are the selection criteria for evaluating applications for awards?</SUBJECT>
        <SECTNO>327.32—327.39</SECTNO>
        <SUBJECT>[Reserved]</SUBJECT>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart E—What Conditions Must Be Met by a Grantee?</HD>
        <SECTNO>327.40</SECTNO>
        <SUBJECT>What are the requirements for conducting projects?</SUBJECT>
        <SECTNO>327.41</SECTNO>
        <SUBJECT>What conditions must be met by a recipient of an award under this program?</SUBJECT>
        <SECTNO>327.42—327.49</SECTNO>
        <SUBJECT>[Reserved]</SUBJECT>
      </SUBPART>
    </CONTENTS>
    <AUTH>
      <HD SOURCE="HED">Authority: </HD>
      <P>20 U.S.C. 1418, unless otherwise noted.</P>
    </AUTH>
    <SOURCE>
      <HD SOURCE="HED">Source: </HD>
      <P>50 FR 35484, Aug. 30, 1985, unless otherwise noted.</P>
    </SOURCE>
    <EFFDNOT>
      <HD SOURCE="HED">Effective Date Note: </HD>
      <P>At 63 FR 23601, Apr. 29, 1998, part 327 was removed, effective Oct. 1, 1998.</P>
    </EFFDNOT>
    <SUBPART>
      <PRTPAGE P="221"/>
      <HD SOURCE="HED">Subpart A—General</HD>
      <SECTION>
        <SECTNO>§ 327.1</SECTNO>
        <SUBJECT>What is the Special Studies Program?</SUBJECT>
        <P>The purpose of this program is to support the collection of data, studies, investigations, and evaluations to assess the impact and effectiveness of programs and projects assisted under the Individuals with Disabilities Education Act, and related activities to provide the Congress and others with this information.</P>
        <SECAUTH>(Authority: 20 U.S.C. 1418)</SECAUTH>
        <CITA>[50 FR 35484, Aug. 30, 1985, as amended at 56 FR 54699, Oct. 22, 1991]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 327.2</SECTNO>
        <SUBJECT>Who is eligible to apply for an award under this program?</SUBJECT>
        <P>(a) The Secretary may make awards under this program to public or private agencies, institutions, organizations, and other appropriate parties for support of the kinds of projects described in § 327.10(a), (b), (d), (f), (h), and (i).</P>
        <P>(b) In order to carry out the projects described in § 327.10(c), the Secretary may enter into cooperative agreements with—</P>
        <P>(1) State educational agencies; and</P>
        <P>(2) Other State agencies designated by the Governor in each State for the purpose of administering an early intervention program under part H of the Education of the Handicapped Act.</P>
        <P>(c) In order to carry out the projects described in § 327.10(e), the Secretary may make awards to State or local educational agencies, institutions of higher education, public agencies, and private nonprofit organizations and, when necessary because of the unique nature of the study, private for-profit organizations.</P>
        <P>(d) In order to carry out the projects in § 327.10(g), the Secretary may make awards to State or local educational agencies, institutions of higher education, other public agencies, and private nonprofit organizations.</P>
        <SECAUTH>(Authority: 20 U.S.C. 1418)</SECAUTH>
        <CITA>[50 FR 35484, Aug. 30, 1985, as amended at 53 FR 28351, July 27, 1988; 56 FR 54699, Oct. 22, 1991]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 327.3</SECTNO>
        <SUBJECT>What regulations apply to this program?</SUBJECT>
        <P>The following regulations apply to grants and cooperative agreements under this program:</P>
        <P>(a) The regulations in this part 327.</P>
        <P>(b) The Education Department General Administrative Regulations (EDGAR) in title 34 of the Code of Federal Regulations in—</P>
        <P>(1) Part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations);</P>
        <P>(2) Part 75 (Direct Grant Programs);</P>
        <P>(3) Part 77 (Definitions that Apply to Department Regulations);</P>
        <P>(4) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments);</P>
        <P>(5) Part 81 (General Education Provisions Act—Enforcement);</P>
        <P>(6) Part 82 (New Restrictions on Lobbying);</P>
        <P>(7) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)); and</P>
        <P>(8) Part 86 (Drug-Free Schools and Campuses).</P>
        <SECAUTH>(Authority: 20 U.S.C. 1418)</SECAUTH>
        <CITA>[50 FR 35484, Aug. 30, 1985, as amended at 56 FR 54699, Oct. 22, 1991]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 327.4</SECTNO>
        <SUBJECT>What definitions apply to this program?</SUBJECT>
        <P>
          <E T="03">Definitions in EDGAR.</E> The following terms used in this part are defined in 34 CFR 77.1:
        </P>
        <EXTRACT>
          <P>Applicant</P>
          <P>Application</P>
          <P>Award</P>
          <P>EDGAR</P>
          <P>Fiscal year</P>
          <P>Grant</P>
          <P>Grantee</P>
          <P>Local educational agency</P>
          <P>Project</P>
          <P>Secretary</P>
          <P>State educational agency.</P>
        </EXTRACT>
        <SECAUTH>(Authority: 20 U.S.C. 1418)</SECAUTH>
        <CITA>[50 FR 35484, Aug. 30, 1985, as amended at 56 FR 54700, Oct. 22, 1991]</CITA>
      </SECTION>
      <SECTION>
        <PRTPAGE P="222"/>
        <SECTNO>§§ 327.5—327.9</SECTNO>
        <RESERVED>[Reserved]</RESERVED>
      </SECTION>
    </SUBPART>
    <SUBPART>
      <HD SOURCE="HED">Subpart B—What Kinds of Projects Does the Secretary Assist Under This Program?</HD>
      <SECTION>
        <SECTNO>§ 327.10</SECTNO>
        <SUBJECT>What kinds of priorities are authorized under this part?</SUBJECT>
        <P>Priorities authorized under this part include activities to:</P>
        <P>(a) Collect data, and conduct studies, investigations, analyses, and evaluations to assess progress in the implementation of the Act, the impact of the Act, and the effectiveness of State and local efforts and efforts by the Secretary of the Interior to provide free appropriate public education to all children and youth with disabilities, and early intervention services to infants and toddlers with disabilities.</P>
        <P>(b) Obtain data, on at least an annual basis, about programs and projects assisted under the Act and under other Federal laws relating to the provision of services to infants, toddlers, children, and youth with disabilities as required under section 618(b) of the Act.</P>
        <P>(c) Assess the impact and effectiveness of programs, policies, and procedures assisted under the Act, in accordance with sections 618(d)(1) and (2) of the Act, through cooperative agreements with State agencies.</P>
        <P>(d) Provide technical assistance to participating State agencies in the implementation of the evaluation studies described under paragraph (c) of this section.</P>
        <P>(e)(1) Support studies, analyses, syntheses, and investigations for improving program management, administration, delivery, and effectiveness necessary to provide full educational opportunities and early interventions for all children with disabilities from birth through age 21. Such studies and investigations shall gather information necessary for program and system improvements, including—</P>
        <P>(i) Developing effective, appropriate criteria and procedures to identify, evaluate, and serve infants, toddlers, children, and youth with disabilities from minority backgrounds for purposes of program eligibility, program planning, delivery of services, program placement, and parental involvement;</P>
        <P>(ii) Planning and developing effective early intervention services, special education, and related services to meet the complex and changing needs of infants, toddlers, children, and youth with disabilities;</P>
        <P>(iii) Developing and implementing a comprehensive system of personnel development needed to provide qualified personnel in sufficient number to deliver special education, related services, and early intervention services;</P>
        <P>(iv) Developing the capacity to implement practices having the potential to integrate children with disabilities to the maximum extent appropriate, with children who are not disabled;</P>
        <P>(v) Effectively allocating and using human and fiscal resources for providing early intervention, special education, and related services;</P>
        <P>(vi) Strengthening programs and services to improve the progress of children and youth with disabilities while in special education, and to effect a successful transition when such children and youth leave special education;</P>
        <P>(vii) Achieving interagency coordination to maximize resource utilization and continuity in services provided to infants, toddlers, children, and youth with disabilities;</P>
        <P>(viii) Strengthening parent-school communication and coordination to improve the effectiveness of planning and delivery on interventions and instruction, thereby enhancing development and educational progress; and</P>
        <P>(ix) Identifying the environmental, organizational, resource, and other conditions necessary for effective professional practice.</P>
        <P>(2) The studies and investigations under paragraph (e)(1) of this section may be conducted through surveys, interviews, case studies, program implementation studies, secondary data analyses and synthesis, and other appropriate methodologies.</P>
        <P>(3) The studies and investigations under paragraph (e)(1) of this section shall address the information needs of State and local educational agencies for improving program management, administration, delivery, and effectiveness.</P>

        <P>(f)(1) Support special studies to assess progress in the implementation of <PRTPAGE P="223"/>the Act, and assess the impact and effectiveness of State and local efforts and efforts by the Secretary of the Interior to provide free appropriate public education to children and youth with disabilities, and early intervention services to infants and toddlers with disabilities. Reports from these studies must include recommendations for improving services to individuals.</P>
        <P>(2) In selecting priorities for 1991 through 1994, the Secretary may give first preference to—</P>
        <P>(i) Completing a longitudinal study of a sample of students with disabilities, examining—</P>
        <P>(A) The full range of disabling conditions;</P>
        <P>(B) The educational progress of students with disabilities while in special education; and</P>
        <P>(C) The occupational, educational, and independent living status of students with disabilities after graduating from secondary school or otherwise leaving special education;</P>
        <P>(ii) Conducting a nationally representative study focusing on the types, number, and intensity of related services provided to children with disabilities by disability category;</P>
        <P>(iii) Conducting a study that examines the degree of disparity among States with regard to the placement in various educational settings of children and youth with similar disabilities, especially those with mental retardation, and, to the extent that such disparity exists, the factors that lead these children and youth to be educated in significantly different educational settings;</P>
        <P>(iv) Conducting a study that examines the factors that have contributed to the decline in the number of children classified as mentally retarded since the implementation of the Act, and examines the current disparity among States in the percentage of children so classified;</P>
        <P>(v) Conducting a study that examines the extent to which out-of-community residential programs are used for children and youth who are seriously emotionally disturbed, the factors that influence the selection of such placements, the degree to which such individuals transition back to education programs in their communities, and the factors that facilitate or impede such transition; and</P>
        <P>(vi) Conducting a study that examines the—</P>
        <P>(A) Factors that influence the referral and placement decisions and types of placements, by disability category and English language proficiency, of minority children relative to other children;</P>
        <P>(B) Extent to which these children are placed in regular education environments;</P>
        <P>(C) Extent to which the parents of these children are involved in placement decisions and in the development and implementation of the individualized education program and the results of such participation; and</P>
        <P>(D) Type of support provided to parents of these children that enable these parents to understand and participate in the educational process.</P>
        <P>(g)(1) Support activities that organize, synthesize, interpret, and integrate information obtained under paragraphs (e) and (f) of this section, with relevant knowledge obtained from other sources.</P>
        <P>(2) These activities include the selection and design of content, formats, and means for communicating such information effectively to specific or general audiences, in order to promote the use of such information in improving program administration and management, and service delivery and effectiveness.</P>
        <P>(h) Assist in the development of the annual report to the Congress required under section 618(g) of the Act.</P>
        <P>(i) Provide technical assistance to State agencies providing the data described in section 618(b) (1) and (2) of the Act to achieve accurate and comparable information.</P>
        <SECAUTH>(Authority: 20 U.S.C. 1418)</SECAUTH>
        <CITA>[56 FR 54700, Oct. 22, 1991]</CITA>
      </SECTION>
      <SECTION>
        <PRTPAGE P="224"/>
        <SECTNO>§§ 327.11—327.19</SECTNO>
        <RESERVED>[Reserved]</RESERVED>
      </SECTION>
    </SUBPART>
    <SUBPART>
      <HD SOURCE="HED">Subpart C[Reserved]</HD>
    </SUBPART>
    <SUBPART>
      <HD SOURCE="HED">Subpart D—How Does the Secretary Make an Award?</HD>
      <SECTION>
        <SECTNO>§ 327.30</SECTNO>
        <SUBJECT>How does the Secretary establish priorities for an award?</SUBJECT>

        <P>Section 618(e)(1) of the Individuals with Disabilities Education Act requires that beginning in fiscal 1993 and every three years thereafter, the Secretary submit to the appropriate committee of each House of the Congress and publish in the <E T="04">Federal Register</E> proposed priorities under the special studies described in § 327.10(f) for review and comment.</P>
        <SECAUTH>(Authority: 20 U.S.C. 1418)</SECAUTH>
        <CITA>[56 FR 54701, Oct. 22, 1991, as amended at 57 FR 28966, June 29, 1992]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 327.31</SECTNO>
        <SUBJECT>What are the selection criteria for evaluating applications for awards?</SUBJECT>
        <P>The Secretary uses the criteria in this section to evaluate applications for awards. The maximum score for all of the criteria is 100 points.</P>
        <P>(a) <E T="03">Plan of operation</E> (10 points). (1) The Secretary reviews each application to determine the quality of the plan of operation for the project.</P>
        <P>(2) The Secretary looks for—</P>
        <P>(i) High quality in the design of the project;</P>
        <P>(ii) An effective plan of management that insures proper and efficient administration of the project;</P>
        <P>(iii) A clear description of how the objectives of the project relate to the purpose of the program;</P>
        <P>(iv) The way the applicant plans to use its resources and personnel to achieve each objective; and</P>
        <P>(v) A clear description of how the applicant will provide equal access and treatment for eligible project participants who are members of groups that have been traditionally underrepresented, such as—</P>
        <P>(A) Members of racial or ethnic minority groups;</P>
        <P>(B) Women;</P>
        <P>(C) Individuals with disabilities, and</P>
        <P>(D) The elderly.</P>
        <P>(b) <E T="03">Quality of key personnel.</E> (10 points) (1) The Secretary reviews each application to determine the qualifications of the key personnel the applicant plans to use on the project.</P>
        <P>(2) The Secretary considers—</P>
        <P>(i) The qualifications of the project director (if one is to be used);</P>
        <P>(ii) The qualifications of each of the other key personnel to be used in the project;</P>
        <P>(iii) The time that each person referred to in paragraphs (b)(2)(i) and (ii) of this section will commit to the project; and</P>
        <P>(iv) The extent to which the applicant, as part of its nondiscriminatory employment practices, encourages applications for employment from persons who are members of groups that have been traditionally underrepresented, Such as—</P>
        <P>(A) Members of racial or ethnic minority groups;</P>
        <P>(B) Women;</P>
        <P>(C) Individuals with disabilities, and</P>
        <P>(D) The elderly.</P>
        <P>(3) To determine personnel qualifications, the Secretary considers experience and training, in fields related to the objectives of the project, as well as other evidence that the applicant provides.</P>
        <P>(c) <E T="03">Budget and cost effectiveness.</E> (10 points) (1) The Secretary reviews each application to determine if the project has an adequate budget and is cost effective.</P>
        <P>(2) The Secretary considers the extent to which—</P>
        <P>(i) The budget for the project is adequate to support the project activities; and</P>
        <P>(ii) Costs are reasonable in relation to the objectives of the project.</P>
        <P>(d) <E T="03">Evaluation plan.</E> (5 points). (1) The Secretary reviews each application to determine the quality of the evaluation plan for the project.</P>
        <CROSSREF>
          <HD SOURCE="HED">Cross Reference:</HD>
          <P>34 CFR 75.590, <E T="03">Evaluation by the grantee.</E>
          </P>
        </CROSSREF>

        <P>(2) The Secretary considers the extent to which the methods of evaluation are appropriate for the project and, to the extent possible, are objective and produce data that are quantifiable.<PRTPAGE P="225"/>
        </P>
        <P>(e) <E T="03">Adequacy of resources.</E> (5 points). (1) The Secretary reviews each application to determine if the applicant plans to devote adequate resources to the project.</P>
        <P>(2) The Secretary considers the extent to which—</P>
        <P>(i) The facilities that the applicant plans to use are adequate; and</P>
        <P>(ii) The equipment and supplies that the applicant plans to use are adequate.</P>
        <P>(f) <E T="03">Importance.</E> (10 points). (1) The Secretary reviews each application to determine if the proposed project addresses State and national concerns in light of the purposes of this part.</P>
        <P>(2) The Secretary considers—</P>
        <P>(i) The significance of the issues to be addressed for both State and national audiences;</P>
        <P>(ii) The importance of the proposed project in determining the impact and effectiveness of programs assisted under the Act;</P>
        <P>(iii) The experiences of service providers related to the problem or issue; and</P>
        <P>(iv) Previous research and evaluation findings related to the issues.</P>
        <P>(g) <E T="03">Usefulness.</E> (10 points). The Secretary reviews each application to determine the usefulness of the proposed project findings in improving services to infants, toddlers, children, and youth with disabilities including—</P>
        <P>(1) The contribution that the project findings or products will make to current knowledge or practice;</P>
        <P>(2) The extent to which findings and reports will be useful in improving services for infants, toddlers, children, and youth with disabilities; and</P>
        <P>(3) The extent to which findings and reports will be useful to both State and national audiences in understanding the impact and effectiveness of programs assisted under the Individuals with Disabilities Education Act.</P>
        <P>(h) <E T="03">Technical soundness.</E> (40 points). The Secretary reviews each application to determine the technical soundness of the research or evaluation plan, including, where appropriate—</P>
        <P>(1) The design;</P>
        <P>(2) The proposed sample;</P>
        <P>(3) Instrumentation;</P>
        <P>(4) Data analysis procedures; and</P>
        <P>(5) Procedures for the development of the project report.</P>
        <APPRO>(Approved by the Office of Management and Budget under control number 1820-0028)</APPRO>
        <SECAUTH>(Authority: 20 U.S.C. 1418)</SECAUTH>
        <CITA>[50 FR 35484, Aug. 30, 1985, as amended at 53 FR 28351, July 27, 1988; 56 FR 54701, Oct. 22, 1991]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§§ 327.32—327.39</SECTNO>
        <RESERVED>[Reserved]</RESERVED>
      </SECTION>
    </SUBPART>
    <SUBPART>
      <HD SOURCE="HED">Subpart E—What Conditions Must Be Met by a Grantee?</HD>
      <SECTION>
        <SECTNO>§ 327.40</SECTNO>
        <SUBJECT>What are the requirements for conducting projects?</SUBJECT>
        <P>Each State educational agency or other State agency receiving an award for a State Agency/Federal Evaluation Studies project under § 327.10(c) shall—</P>
        <P>(a) Contribute an amount not less than 40 percent of the total cost of the study, which amount may be paid from a State's allocation of funds for State administration of part B of the Act; and</P>
        <P>(b) Develop the study in consultation with the State advisory panel established under the Act, local educational agencies and others involved in, or concerned with, the education of children and youth with disabilities and the provision of early intervention services to infants and toddlers with disabilities.</P>
        <SECAUTH>(Authority: 20 U.S.C. 1418(c), (d)(2))</SECAUTH>
        <CITA>[50 FR 35484, Aug. 30, 1985, as amended at 53 FR 28351, July 27, 1988; 56 FR 54701, Oct. 22, 1991]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 327.41</SECTNO>
        <SUBJECT>What conditions must be met by a recipient of an award under this program?</SUBJECT>

        <P>Recipients of awards under § 327.10(e) must prepare their procedures, findings, and other relevant information in a form that will maximize their dissemination and use, especially through dissemination networks and mechanisms authorized by the Act, and in a form for inclusion in the annual report to Congress under section 618(g) of the Act.
        </P>
        <EXTRACT>
          <PRTPAGE P="226"/>
          <FP>(Authority: 20 U.S.C. 1418(c))</FP>
        </EXTRACT>
        <APPRO>(Approved by the Office of Management and Budget under control number 1820-0028)</APPRO>
        <CITA>[56 FR 54701, Oct. 22, 1991, as amended at 57 FR 14315, Apr. 17, 1992]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§§ 327.42—327.49</SECTNO>
        <RESERVED>[Reserved]</RESERVED>
      </SECTION>
    </SUBPART>
  </PART>
</CFRGRANULE>
