<?xml version="1.0"?>
<?xml-stylesheet type="text/xsl" href="cfr.xsl"?>
<CFRGRANULE xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:noNamespaceSchemaLocation="CFRMergedXML.xsd">
  <FDSYS>
    <CFRTITLE>34</CFRTITLE>
    <CFRTITLETEXT>Education</CFRTITLETEXT>
    <VOL>2</VOL>
    <DATE>1998-07-01</DATE>
    <ORIGINALDATE>1998-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>TECHNOLOGY, EDUCATIONAL MEDIA, AND MATERIALS FOR INDIVIDUALS WITH DISABILITIES PROGRAM</TITLE>
    <GRANULENUM>333</GRANULENUM>
    <HEADING>PART 333</HEADING>
    <ANCESTORS>
      <PARENT HEADING="" SEQ="1"/>
    </ANCESTORS>
  </FDSYS>
  <PART>
    <EAR>Pt. 333</EAR>
    <HD SOURCE="HED">PART 333—TECHNOLOGY, EDUCATIONAL MEDIA, AND MATERIALS FOR INDIVIDUALS WITH DISABILITIES PROGRAM</HD>
    <CONTENTS>
      <SUBPART>
        <HD SOURCE="HED">Subpart A—General</HD>
        <SECHD>Sec.</SECHD>
        <SECTNO>333.1</SECTNO>
        <SUBJECT>What is the Technology, Educational Media, and Materials for Individuals with Disabilities Program?</SUBJECT>
        <SECTNO>333.2</SECTNO>
        <SUBJECT>Who is eligible for an award?</SUBJECT>
        <SECTNO>333.3</SECTNO>
        <SUBJECT>What priorities does the Secretary consider for support under this part?</SUBJECT>
        <SECTNO>333.4</SECTNO>
        <SUBJECT>How does the Secretary select and announce funding priorities under this program?</SUBJECT>
        <SECTNO>333.5</SECTNO>
        <SUBJECT>What regulations apply to this program?</SUBJECT>
        <SECTNO>333.6</SECTNO>
        <SUBJECT>What definitions apply to this program?</SUBJECT>
        <SECTNO>333.7—333.9</SECTNO>
        <SUBJECT>[Reserved]</SUBJECT>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart B[Reserved]</HD>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart C—How Does the Secretary Make an Award?</HD>
        <SECTNO>333.20</SECTNO>
        <SUBJECT>How does the Secretary evaluate an application?</SUBJECT>
        <SECTNO>333.21</SECTNO>
        <SUBJECT>What selection criteria does the Secretary use to evaluate applications for research or evaluation activities?</SUBJECT>
        <SECTNO>333.22</SECTNO>
        <SUBJECT>What selection criteria does the Secretary use to evaluate applications for development or demonstration activities?</SUBJECT>
        <SECTNO>333.23—333.29</SECTNO>
        <SUBJECT>[Reserved]</SUBJECT>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart D—What Conditions Must Be Met After an Award?</HD>
        <SECTNO>333.30</SECTNO>
        <SUBJECT>What materials must be submitted by the grantee?</SUBJECT>
        <SECTNO>333.31</SECTNO>
        <SUBJECT>What other conditions must be met by grantees under this program?</SUBJECT>
        <SECTNO>333.32—333.39</SECTNO>
        <SUBJECT>[Reserved]</SUBJECT>
      </SUBPART>
    </CONTENTS>
    <AUTH>
      <HD SOURCE="HED">Authority: </HD>
      <P>20 U.S.C. 1461-1462, unless otherwise noted.</P>
    </AUTH>
    <SOURCE>
      <HD SOURCE="HED">Source: </HD>
      <P>53 FR 6952, Mar. 3, 1988, unless otherwise noted.</P>
    </SOURCE>
    <EFFDNOT>
      <HD SOURCE="HED">Effective Date Note: </HD>
      <P>At 63 FR 23601, Apr. 29, 1998, part 333 was removed, effective Oct. 1, 1998.</P>
    </EFFDNOT>
    <SUBPART>
      <HD SOURCE="HED">Subpart A—General</HD>
      <SECTION>
        <SECTNO>§ 333.1</SECTNO>
        <SUBJECT>What is the Technology, Educational Media, and Materials for Individuals with Disabilities Program?</SUBJECT>
        <P>The purpose of this program is to support projects and centers for advancing the availability, quality, use, and effectiveness of technology, and educational media and materials in the education of children and youth with disabilities, and the provision of related services and early intervention services to infants and toddlers with disabilities.</P>
        <SECAUTH>(Authority: 20 U.S.C. 1461)</SECAUTH>
        <CITA>[56 FR 54703, Oct. 22, 1991]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 333.2</SECTNO>
        <SUBJECT>Who is eligible for an award?</SUBJECT>
        <P>(a) The Secretary may award grants or contracts, or enter into cooperative agreements with, institutions of higher education, State and local educational agencies, public agencies, and private nonprofit or for-profit organizations.</P>
        <P>(b) The Secretary does not award a grant, contract, or cooperative agreement for the activities described in § 333.3 (a) through (f) unless the applicant for such assistance agrees that activities carried out with the assistance will be coordinated, as appropriate, with the State entity receiving funds under the Technology-Related Assistance for Individuals with Disabilities Act of 1988 (title 1 of Public Law 100-407).</P>
        <SECAUTH>(Authority: 20 U.S.C. 1461)</SECAUTH>
        <CITA>[53 FR 6952, Mar. 3, 1988, as amended at 56 FR 54703, Oct. 22, 1991]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 333.3</SECTNO>
        <SUBJECT>What priorities does the Secretary consider for support under this part?</SUBJECT>
        <P>The Secretary may fund activities that carry out the purpose of the program. These activities may include, but are not limited to, the following:</P>
        <P>(a) Conducting research or evaluation on the need, use, design features, implementation, and effectiveness of technology, assistive technology, educational media, and materials.</P>

        <P>(b) Demonstrating the effectiveness and the efficient implementation and <PRTPAGE P="239"/>use of technology, assistive technology, educational media, and materials.</P>
        <P>(c) Designing and developing new technology, assistive technology, educational media, and materials.</P>
        <P>(d) Adapting, modifying, and evaluating existing technology, assistive technology, educational media, and materials.</P>
        <P>(e) Assisting the public and private sectors by providing advice and information to promote the development, use, distribution, and marketing of technology, assistive technology, educational media, and materials.</P>
        <P>(f) Disseminating information through such means as publications, telecommunications, conferences, or presentations on the availability, quality, use, and effectiveness of technology, assistive technology, educational media, and materials.</P>
        <P>(g) Increasing access to and use of assistive technology devices and assistive technology services in the education of infants, toddlers, children, and youth with disabilities, and other activities authorized under the Technology-Related Assistance for Individuals with Disabilities Act of 1988 as such Act relates to the education of students with disabilities.</P>
        <P>(h) Examining how these purposes can address the problem of illiteracy among individuals with disabilities.</P>
        <SECAUTH>(Authority: 20 U.S.C. 1461)</SECAUTH>
        <CITA>[53 FR 6952, Mar. 3, 1988, as amended at 56 FR 54703, Oct. 22, 1991]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 333.4</SECTNO>
        <SUBJECT>How does the Secretary select and announce funding priorities under this program?</SUBJECT>
        <P>(a) Each year the Secretary may select as a priority one or more of the types of activities listed in § 333.3.</P>

        <P>(b) The Secretary announces these priorities in a notice published in the <E T="04">Federal Register.</E>
        </P>
        <SECAUTH>(Authority: 20 U.S.C. 1461)</SECAUTH>
        <CITA>[53 FR 6952, Mar. 3, 1988, as amended at 56 FR 54703, Oct. 22, 1991]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 333.5</SECTNO>
        <SUBJECT>What regulations apply to this program?</SUBJECT>
        <P>(a) The following regulations apply to grants and cooperative agreements under this program:</P>
        <P>(1) The Education Department General Administrative Regulations (EDGAR) in the following parts of title 34 of the Code of Federal Regulations—</P>
        <P>(i) Part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations);</P>
        <P>(ii) Part 75 (Direct Grant Programs);</P>
        <P>(iii) Part 77 (Definitions that Apply to Department Regulations);</P>
        <P>(iv) Part 79 (Intergovernmental Review of Department of Education Programs and Activities);</P>
        <P>(v) Part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments);</P>
        <P>(vi) Part 81 (General Education Provisions Act—Enforcement);</P>
        <P>(vii) Part 82 (New Restrictions on Lobbying);</P>
        <P>(viii) Part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)); and</P>
        <P>(ix) Part 86 (Drug-Free Schools and Campuses)</P>
        <P>(2) The regulations in this part 333.</P>
        <P>(b) Any contracts awarded under this program are subject to the Federal Acquisition Regulation (FAR) in 48 CFR chapter 1 and the Department of Education Acquisition Regulation (EDAR) in 48 CFR chapter 34.</P>
        <SECAUTH>(Authority: 20 U.S.C. 1461)</SECAUTH>
        <CITA>[53 FR 6952, Mar. 3, 1988, as amended at 56 FR 54703, Oct. 22, 1991]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 333.6</SECTNO>
        <SUBJECT>What definitions apply to this program?</SUBJECT>
        <P>(a) <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>Nonprofit</P>
          <P>Private</P>
          <P>Project</P>
          <P>Project period</P>
          <P>Public</P>
          <P>Secretary</P>
          <P>State educational agency
            <PRTPAGE P="240"/>
          </P>
          <FP>(Authority: 20 U.S.C. 1461)</FP>
        </EXTRACT>
        
        <P>(b) <E T="03">Definitions in 34 CFR part 300.</E> The following terms used in this part are defined in 34 CFR 300.5, 300.13, and 300.14:
        </P>
        <EXTRACT>
          <P>Children with disabilities</P>
          <P>Related services</P>
          <P>Special education
          </P>
          <FP>(Authority: 20 U.S.C. 1401(a)(1), (16), (17), 1461)</FP>
        </EXTRACT>
        
        <P>(c) <E T="03">Definitions in 34 CFR part 303.</E> The following terms used in this part are defined in 34 CFR 303.10 and 303.13:
        </P>
        <EXTRACT>
          <P>Early intervention services</P>
          <P>Infants and toddlers with disabilities</P>
        </EXTRACT>
        <SECAUTH>(Authority: 20 U.S.C. 1472(1))</SECAUTH>
        <CITA>[53 FR 6952, Mar. 3, 1988, as amended at 56 FR 54703, Oct. 22, 1991]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§§ 333.7—333.9</SECTNO>
        <RESERVED>[Reserved]</RESERVED>
      </SECTION>
    </SUBPART>
    <SUBPART>
      <HD SOURCE="HED">Subpart B[Reserved]</HD>
    </SUBPART>
    <SUBPART>
      <HD SOURCE="HED">Subpart C—How Does the Secretary Make an Award?</HD>
      <SECTION>
        <SECTNO>§ 333.20</SECTNO>
        <SUBJECT>How does the Secretary evaluate an application?</SUBJECT>
        <P>(a) The Secretary evaluates an application on the basis of the criteria in § 333.21 or § 333.22, as applicable.</P>
        <P>(b) The Secretary awards up to 100 points for these criteria.</P>
        <P>(c) The maximum possible score for each criterion is indicated in parentheses.</P>
        <SECAUTH>(Authority: 20 U.S.C. 1461)</SECAUTH>
      </SECTION>
      <SECTION>
        <SECTNO>§ 333.21</SECTNO>
        <SUBJECT>What selection criteria does the Secretary use to evaluate applications for research or evaluation activities?</SUBJECT>
        <P>The Secretary uses the following criteria to evaluate applications for research and evaluation projects:</P>
        <P>(a) <E T="03">Importance.</E> (15 points) The Secretary reviews each application to determine the extent to which the proposed project addresses national concerns in light of the purposes of this part, and considers the significance of the problem or issue to be addressed.</P>
        <P>(b) <E T="03">Technical soundness.</E> (30 points) (1) The Secretary reviews each application to determine if the approach is technically and programmatically sound.</P>
        <P>(2) The Secretary looks for—</P>
        <P>(i) High quality in the design of the project;</P>
        <P>(ii) Technical soundness of the research or evaluation plan, including if appropriate—</P>
        <P>(A) The design;</P>
        <P>(B) The proposed sample;</P>
        <P>(C) The instrumentation; and</P>
        <P>(D) The data analysis.</P>
        <P>(c) <E T="03">Plan of operation.</E> (15 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) An effective plan of management that ensures proper and efficient administration of the project;</P>
        <P>(ii) A clear description of how the objectives of the project relate to the purpose of the program;</P>
        <P>(iii) The way the applicant plans to use its resources and personnel to achieve each objective; and</P>
        <P>(iv) How the applicant will ensure that project participants who are otherwise eligible to participate are selected without regard to race, color, national origin, or gender.</P>
        <P>(d) <E T="03">Quality of key personnel.</E> (15 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;</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 (d)(2) (i) and (ii) of this section plans to commit to the project; and</P>
        <P>(iv) How the applicant, as 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 disabling condition.</P>
        <P>(3) To determine personnel qualifications, the Secretary considers experience and training in fields related to the objectives of the project, and any other qualifications that pertain to the quality of the project.</P>
        <P>(e) <E T="03">Adequacy of resources.</E> (5 points) (1) The Secretary reviews each application to determine that the applicant plans <PRTPAGE P="241"/>to devote adequate resources for 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;</P>
        <P>(ii) The equipment and supplies that the applicant plans to use are adequate; and</P>
        <P>(iii) The applicant demonstrates necessary access to target population necessary to conduct the research or evaluation.</P>
        <P>(f) <E T="03">Impact.</E> (5 points) The Secretary reviews each application to determine—</P>
        <P>(1) The probable impact of the proposed project in educating or providing early intervention services to infants, toddlers, children, and youth with disabilities; and</P>
        <P>(2) The contribution that the project findings or products will make to current knowledge or practice.</P>
        <P>(g) <E T="03">Dissemination.</E> (5 points) The Secretary reviews each application to determine the extent to which the findings and products will be disseminated to, and used for the benefit of appropriate target groups.</P>
        <P>(h) <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>
        <APPRO>(Approved by the Office of Management and Budget under control number 1820-0028)</APPRO>
        <SECAUTH>(Authority: 20 U.S.C. 1461)</SECAUTH>
        <CITA>[53 FR 6952, Mar. 3, 1988, as amended at 55 FR 24892, June 19, 1990; 56 FR 54704, Oct. 22, 1991]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 333.22</SECTNO>
        <SUBJECT>What selection criteria does the Secretary use to evaluate applications for development or demonstration activities?</SUBJECT>
        <P>The Secretary uses the following criteria to evaluate applications for development and demonstration projects:</P>
        <P>(a) <E T="03">Importance.</E> (20 points) (1) The Secretary reviews each application to determine the extent to which the proposed project addresses national concerns in light of the purposes of this part.</P>
        <P>(2) The Secretary considers—</P>
        <P>(i) The significance of the problem or issue to be addressed;</P>
        <P>(ii) The potential impact of the proposed project for providing innovative advancements to the problem or issues; and</P>
        <P>(iii) Previous research findings related to the problem or issue.</P>
        <P>(b) <E T="03">Technical soundness.</E> (30 points) (1) The Secretary reviews each application to determine the quality and technical soundness of the plan of operation for the project.</P>
        <P>(2) The Secretary looks for—</P>
        <P>(i) High quality in the conceptual design of the project;</P>
        <P>(ii) A clear specification of the procedures to be followed in carrying out the project; and</P>
        <P>(iii) The extent to which the methods of evaluation are appropriate for the project and, to the extent possible, are objective and produce data that can be quantified.</P>
        <P>(c) <E T="03">Plan of operation.</E> (15 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) An effective plan of management that insures proper and efficient administration of the project;</P>
        <P>(ii) The way the applicant plans to use its resources and personnel to achieve each objective; and</P>
        <P>(iii) How the applicant will ensure that project participants who are otherwise eligible to participate are selected without regard to race, color, national origin, gender, age, or disabling condition.</P>
        <P>(d) <E T="03">Evaluation plan.</E> (5 points) The Secretary reviews each application to determine the quality of the evaluation plan for assuring adequate performance measurement of project progress.</P>
        <CROSSREF>
          <HD SOURCE="HED">Cross Reference:</HD>
          <P>34 CFR 75.590, Evaluation by the grantee.</P>
        </CROSSREF>
        <P>(e) <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—<PRTPAGE P="242"/>
        </P>
        <P>(i) The qualifications of the project director;</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 (e)(2) (i) and (ii) of this section will commit to the project; and</P>
        <P>(iv) How the applicant, as 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 disabling condition.</P>
        <P>(3) To determine personnel qualifications, the Secretary considers experience and training, in fields related to the objectives of the project, and any other qualifications that pertain to the quality of the project.</P>
        <P>(f) <E T="03">Adequacy of resources.</E> (5 points) (1) The Secretary reviews each application to determine that 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;</P>
        <P>(ii) The equipment and supplies that the applicant plans to use are adequate; and</P>
        <P>(iii) The applicant demonstrates access to subjects necessary to conduct the proposed project.</P>
        <P>(g) <E T="03">Marketing and dissemination.</E> (10 points) (1) The Secretary reviews each application to determine if there are adequate provisions for marketing or disseminating results.</P>
        <P>(2) The Secretary considers—</P>
        <P>(i) The provisions for marketing, replicating, or otherwise disseminating the results of the project; and</P>
        <P>(ii) Provisions for making materials and techniques available to the populations for whom the project would be useful.</P>
        <P>(h) <E T="03">Budget and cost-effectiveness.</E> (5 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>
        <APPRO>(Approved by the Office of Management and Budget under control number 1820-0028)</APPRO>
        <SECAUTH>(Authority: 20 U.S.C. 1461)</SECAUTH>
        <CITA>[53 FR 6952, Mar. 3, 1988, as amended at 55 FR 24892, June 19, 1990; 56 FR 54704, Oct. 22, 1991]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§§ 333.23—333.29</SECTNO>
        <RESERVED>[Reserved]</RESERVED>
      </SECTION>
    </SUBPART>
    <SUBPART>
      <HD SOURCE="HED">Subpart D—What Conditions Must Be Met After an Award?</HD>
      <SECTION>
        <SECTNO>§ 333.30</SECTNO>
        <SUBJECT>What materials must be submitted by the grantee?</SUBJECT>
        <P>The Secretary may require any grantee engaged in the development of materials to submit a copy of those materials.</P>
        <SECAUTH>(Authority: 20 U.S.C. 1461) </SECAUTH>
      </SECTION>
      <SECTION>
        <SECTNO>§ 333.31</SECTNO>
        <SUBJECT>What other conditions must be met by grantees under this program?</SUBJECT>

        <P>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.
        </P>
        <EXTRACT>
          <FP>(Authority: 20 U.S.C. 1409(g))</FP>
        </EXTRACT>
        <APPRO>(Approved by the Office of Management and Budget under control number 1820-0028)</APPRO>
        <CITA>[56 FR 54704, Oct. 22, 1991, as amended at 57 FR 14315, Apr. 17, 1992]</CITA>
      </SECTION>
      <SECTION>
        <PRTPAGE P="243"/>
        <SECTNO>§§ 333.32—333.39</SECTNO>
        <RESERVED>[Reserved]</RESERVED>
      </SECTION>
    </SUBPART>
  </PART>
</CFRGRANULE>
