[Federal Register Volume 78, Number 75 (Thursday, April 18, 2013)]
[Notices]
[Pages 23234-23241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09160]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Applications for New Awards; Technical Assistance and
Dissemination To Improve Services and Results for Children With
Disabilities--Center on Dispute Resolution
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Notice.
-----------------------------------------------------------------------
Overview Information:
Technical Assistance and Dissemination to Improve Services and
Results for Children With Disabilities--Center on Dispute Resolution.
Notice inviting applications for a new award for fiscal year (FY)
2013.
Catalog of Federal Domestic Assistance (CFDA) Number: 84.326X.
DATES:
Applications Available: April 18, 2013.
Deadline for Transmittal of Applications: June 3, 2013.
Deadline for Intergovernmental Review: August 1, 2013.
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: The purpose of the Technical Assistance and
Dissemination to Improve Services and Results for Children with
Disabilities program is to promote academic achievement and to improve
results for children with disabilities by providing technical
assistance, supporting model demonstration projects, disseminating
useful information, and implementing activities that are supported by
scientifically based research.
Priority: In accordance with 34 CFR 75.105(b)(2)(v), this priority
is from allowable activities specified or otherwise authorized in the
statute (see sections 663 and 681(d) of the Individuals with
Disabilities Education Act (IDEA), 20 U.S.C. 1463 and 1481(d)).
Absolute Priority: For FY 2013 and any subsequent year in which we
make awards from the list of unfunded applicants from this competition,
this priority is an absolute priority. Under 34 CFR 75.105(c)(3) we
consider only applications that meet this priority.
This priority is:
Center on Dispute Resolution.
Background:
IDEA includes procedural safeguards that are designed to protect
the rights of children with disabilities and their parents and to
provide parents with mechanisms for resolving, at the earliest point in
time, disputes with those who provide services to children with
disabilities (State educational agencies (SEAs), local educational
agencies (LEAs), schools, Part C State lead agencies, and early
intervention service (EIS) providers). The procedural safeguards
include the opportunity to seek a timely resolution of disputes about
any matter relating to the provision of a free appropriate public
education to an eligible child or of appropriate early intervention
services to infants and toddlers with disabilities. Thus, IDEA
encourages constructive relationships between parents of children with
disabilities and those who provide services to children with
disabilities by facilitating open communication between the parents and
these entities and encouraging early resolution of disputes so that
disagreements do not escalate and become adversarial. IDEA's dispute
resolution procedures include provisions for State complaints,
mediation, due process complaints and due process hearings, and
resolution sessions, as described below.
State Complaints. IDEA's State complaint procedures permit parents
and other interested individuals or organizations to file a complaint
with the SEA or Part C State lead agency to seek resolution of any
alleged violations of IDEA. The goal of the State complaint procedures
is to resolve disputes while avoiding costly or time consuming due
process hearings (71 FR 46600--Part B regulations; 76 FR 60214-60216--
Part C regulations). The State complaint procedures provide an
important means of ensuring that the educational or early intervention
needs of children with disabilities are met (71 FR 46601; 76 FR 60214-
60216).
Mediation. In response to increasing numbers of due process hearing
[[Page 23235]]
requests, Congress amended IDEA in 1997 to require SEAs and Part C
State lead agencies to make mediation available, at a minimum, whenever
a request for a due process hearing is made. In 2004, Congress amended
section 615(e) of IDEA to allow parties to use mediation to resolve
disputes involving any matter under IDEA, not just those matters that
are the subject of a due process complaint. (This amendment also
applies to Part C through section 639(a)(8) of IDEA). In mediation, a
neutral third party facilitates the resolution of disputes. Mediation
is more likely than due process hearings to foster positive
relationships between families and educators (U.S. Government
Accountability Office, 2003).
Due Process Hearings. In due process hearings, an impartial,
knowledgeable decision-maker resolves disputes. While due process
hearings are an important protection, they can be costly, time
consuming, and contentious, and they may damage relationships between
the parties involved in the dispute.
Resolution Session. The 2004 amendments to IDEA added a requirement
for a resolution session prior to a due process hearing. The resolution
session requirement applies to all IDEA Part B due process hearing
requests and to those IDEA Part C due process hearing requests filed in
a State that has elected to adopt the Part B-type due process hearing
procedures in 34 CFR 303.440 through 303.449. Under section
615(f)(1)(B) of IDEA, the LEA (or in the case of IDEA Part C, under 34
CFR 303.442, the State lead agency) must convene a meeting with the
parents and relevant members of the child's individualized education
program (IEP) or individualized family service plan (IFSP) team who
have specific knowledge of the facts identified in the complaint. This
provides the parents and the agency with an opportunity to resolve the
complaint and avoid a due process hearing.
Early Resolution Practices. In addition to these methods of dispute
resolution specifically required under IDEA, there are a variety of
informal or ``early resolution'' practices that can be used to resolve
disputes at the school or district level and avoid time-consuming and
costly litigation (U.S. Government Accountability Office, 2003). In the
preamble to the 2006 final regulations implementing Part B of IDEA, the
Department encouraged States to explore the use of early resolution
practices to facilitate the timely resolution of disputes and to
preserve the relationships between families and educators (71 FR 46540,
46604).
Over the past seven years, data from State Performance Plans (SPPs)
and Annual Performance Reports (APRs) submitted to the Office of
Special Education Programs (OSEP) show a steady decline in the number
of IDEA Part B due process hearings held across the country, down 68
percent since FY 2004. At the same time, SEAs and Part C State lead
agencies are reporting an increase in the use of informal early
resolution practices that have been shown to reduce the need for
dispute resolution and facilitate early resolution of disputes.
Examples of early resolution practices include training in conflict
resolution, which is designed to equip individuals with skills to
better communicate and negotiate their positions and interests,
(Henderson, 2008), and IEP and IFSP facilitation.
Since 1998, OSEP has funded a technical assistance (TA) center to
support States' implementation of timely and effective dispute
resolution processes. (For further information on the work of the
current center, please see the following Web site:
www.directionservice.org/cadre.) The current center's funding will end
in FY 2013.
The Department believes it is important to continue to fund a TA
center that provides SEAs and Part C State lead agencies with resources
that can help them effectively implement a range of dispute resolution
options to ensure that the trend toward early, less costly, and less
adversarial dispute resolution continues. SEAs and Part C State lead
agencies also need information on how to collect and use data from
dispute resolution systems to improve compliance with IDEA
requirements. In addition, continued funding of a TA center on dispute
resolution that works directly with OSEP-funded parent technical
assistance centers (PTACs) will help ensure that parents and families
have access to information on how to resolve their disagreements in
positive and constructive ways.
Priority:
The purpose of this priority is to fund a cooperative agreement to
support the establishment and operation of a Center on Dispute
Resolution designed to produce, at a minimum, the following outcomes:
(1) An increased capacity of SEAs and Part C State lead agencies to
support local implementation of effective early resolution practices to
resolve disputes and thereby decrease requests for State complaints and
due process hearings; (2) an increased body of knowledge on strategies
for collecting, reporting, and using high-quality data on dispute
resolution; (3) an increased body of knowledge on exemplary practices
for parents and families to resolve disputes in positive and
constructive ways; (4) an improved ability of SEAs and Part C State
lead agencies to implement a range of dispute resolution options,
including methods of dispute resolution required under IDEA and early
resolution practices; (5) an improved capacity of OSEP-funded PTACs to
provide technical assistance to OSEP-funded parent centers on the range
of effective dispute resolution options; and (6) an analysis of current
information on State and national trends and other data about dispute
resolution to determine the extent to which SEAs and Part C State lead
agencies have: (a) Met the required timelines when resolving State
complaints and issuing due process hearing decisions; (b) used
resolution meetings and mediation to successfully resolve disputes
between parents and LEAs or EIS providers; and (c) implemented
effective methods of early dispute resolution.
In addition to these programmatic requirements, to be considered
for funding under this absolute priority, applicants must meet the
application and administrative requirements contained in this priority.
OSEP encourages innovative approaches to meet these requirements, which
are as follows:
(a) Demonstrate, in the narrative section of the application under
``Significance of the Project,'' how the proposed project will--
(1) Address the training and information needs of SEAs, Part C
State lead agencies, and parents and families to resolve disputes
arising from programs under Part B and Part C of IDEA. To address this
requirement the applicant must--
(i) Present applicable national and State data demonstrating the
training and information needs of SEAs, Part C State lead agencies, and
parents and families to resolve disputes;
(ii) Demonstrate knowledge of current educational issues and policy
initiatives in dispute resolution (e.g., the implementation and
effectiveness of IEP/IFSP facilitation); and
(iii) Present information about the implementation and
effectiveness of current dispute resolution systems in SEAs and Part C
State lead agencies.
(2) Result in early resolution of disputes and improved compliance
with IDEA dispute resolution requirements.
(b) Demonstrate, in the narrative section of the application under
[[Page 23236]]
``Quality of the Project Services,'' how the proposed project will--
(1) Ensure equal access and treatment for members of groups (e.g.,
race, color, national origin, language, linguistic background, gender,
age, or disability) that traditionally have not engaged in, or have
been underrepresented in accessing, dispute resolution options. To meet
this requirement, the applicant must describe the process that will be
used to--
(i) Identify the needs of the intended recipients (i.e., SEAs, Part
C State lead agencies, and PTACs) for technical assistance and
information; and
(ii) Ensure that services and products meet the needs of the
intended recipients (e.g., creating materials in formats and languages
accessible to the stakeholders served by the intended recipients).
(2) Meet its goals, objectives, and outcomes. To meet this
requirement, the applicant must provide--
(i) Measurable intended project outcomes; and
(ii) The theory of action (i.e., a logic model) on how the proposed
project will achieve the project outcomes.
(3) Use a conceptual framework to guide the development of project
plans and activities, describing any underlying concepts, assumptions,
expectations, beliefs, or theories, as well as the presumed
relationship or linkages among these variables, and any empirical
support for this framework;
(4) Be based on current research and evidence-based practices. To
meet this requirement, the applicant must describe--
(i) The current research on the effectiveness of dispute resolution
options and practices;
(ii) The current research about adult learning principles and how
this information will be used to provide training and technical
assistance to the intended recipients on implementing effective dispute
resolution systems; and
(iii) The process the proposed project will use to incorporate
current research and evidence-based practices in the development and
delivery of its products and services.
(5) Develop products and provide services that are of sufficient
quality, intensity, and duration to achieve the outcomes of the
proposed project. To address this requirement, the applicant must
describe--
(i) Its proposed activities to identify and expand the knowledge
base in dispute resolution and early resolution practices;
(ii) Its proposed approach to universal, general TA,\1\ including
the intended recipients of the products and services under this
approach;
---------------------------------------------------------------------------
\1\ ``Universal, general TA'' means TA and information provided
to independent users through their own initiative, resulting in
minimal interaction with TA center staff and including one-time,
invited or offered conference presentations by TA center staff. This
category of TA also includes information or products, such as
newsletters, guidebooks, or research syntheses, downloaded from the
TA center's Web site by independent users. Brief communications by
TA center staff with recipients, either by telephone or email, are
also considered universal, general TA.
---------------------------------------------------------------------------
(iii) Its proposed approach to targeted, specialized TA,\2\
including the intended recipients of the products and services under
this approach and its proposed approach to measure the readiness of
potential TA recipients to work with the project, including their
current infrastructure, available resources, and ability to build
capacity at the local level; and
---------------------------------------------------------------------------
\2\ ``Targeted, specialized TA'' means TA service based on needs
common to multiple recipients and not extensively individualized. A
relationship is established between the TA recipient and one or more
TA center staff. This category of TA includes one-time, labor-
intensive events, such as facilitating strategic planning or hosting
regional or national conferences. It can also include episodic, less
labor-intensive events that extend over a period of time, such as
facilitating a series of conference calls on single or multiple
topics that are designed around the needs of the recipients.
Facilitating communities of practice can also be considered
targeted, specialized TA.
---------------------------------------------------------------------------
(iv) Its proposed approach to intensive, sustained TA,\3\ including
the intended recipients of the products and services under this
approach. To address this requirement, the applicant must describe--
---------------------------------------------------------------------------
\3\ ``Intensive, sustained TA'' means TA services often provided
onsite and requiring a stable, ongoing relationship between the TA
center staff and the TA recipient. TA services are defined as
negotiated series of activities designed to reach a valued outcome.
This category of TA should result in changes to policy, program,
practice, or operations that support increased recipient capacity or
improved outcomes at one or more systems levels.
---------------------------------------------------------------------------
(A) Its proposed plan for assisting SEAs, Part C State lead
agencies, and PTACs to build training systems that include professional
development based on evidence-based adult learning principles and
coaching; and
(B) Its proposed plan for supporting SEAs, Part C State lead
agencies, and PTACs in their work with hearing officers, IEP/IFSP Team
facilitators, or other dispute resolution personnel, as well as
families and personnel at each level of the education or early
intervention system (e.g., regional TA providers, school districts,
schools, service coordinators, and related service and EIS providers
and personnel), to ensure that there is effective communication among
these groups and that there are systems in place to support the use of
a range of dispute resolution procedures and practices.
(6) Develop products and implement services to maximize the
efficiency of an SEA's or Part C State lead agency's dispute resolution
system. To address this requirement, the applicant must describe--
(i) How the proposed project will use technology to achieve the
intended outcomes;
(ii) With whom the proposed project will collaborate and the
intended outcomes of this collaboration; and
(iii) How the proposed project will leverage non-project resources
to achieve the proposed project outcomes.
(c) Demonstrate, in the narrative section of the application under
``Quality of the Evaluation Plan,'' how--
(1) The proposed project will collect and analyze data related to
specific and measurable goals, objectives, and outcomes of the project.
To address this requirement, the applicant must describe--
(i) Proposed evaluation methodologies, including instruments, data
collection methods, and possible analyses;
(ii) Proposed standards or targets for determining effectiveness;
and
(iii) Proposed methods for collecting data on implementation
supports and fidelity of implementation.
(2) The proposed project will use the evaluation results to examine
the effectiveness of the project's implementation strategies and the
progress toward achieving intended outcomes; and
(3) The methods of evaluation will produce quantitative and
qualitative data that demonstrate whether the project achieved the
intended outcomes.
(d) Demonstrate, in the narrative section of the application under
``Adequacy of Project Resources,'' how--
(1) The proposed project will encourage applications for employment
from persons who are members of groups that have traditionally been
underrepresented based on race, color, national origin, language/
linguistic background, gender, age, or disability, as appropriate;
(2) The proposed key project personnel, consultants, and
subcontractors have the qualifications and experience to carry out the
proposed activities and achieve the project's intended outcomes;
(3) The applicant and any key partners have adequate resources to
carry out the proposed activities; and
(4) The proposed costs are reasonable in relation to the
anticipated results and benefits.
[[Page 23237]]
(e) Demonstrate, in the narrative section of the application under
``Quality of the Management Plan,'' how--
(1) The proposed management plan will ensure that the project's
intended outcomes will be achieved on time and within budget. To
address this requirement, the applicant must describe--
(i) Clearly defined responsibilities for key project personnel,
consultants, and subcontractors, as appropriate; and
(ii) Timelines and milestones for accomplishing the project tasks;
(2) Key project personnel and any consultants and subcontractors
who will be allocated to the project and the appropriateness and
adequacy of these time allocations to achieve the project's intended
outcomes;
(3) The proposed management plan will ensure that the products and
services provided are of high quality; and
(4) The proposed project will benefit from a diversity of
perspectives, including families, EIS providers, educators, related
service providers, TA providers, researchers, and policy makers, among
others, in its development and operation.
(f) Meet the following program requirements--
(1) Include in Appendix A a logic model that depicts, at a minimum,
the goals, activities, outputs, and outcomes of the proposed project. A
logic model communicates how a project will achieve its outcomes and
provides a framework for both the formative and summative evaluations
of the project.
Note: The following Web sites provide more information on logic
models: 232www.researchutilization.org/matrix/logicmodel_resource3c.html and www.tadnet.org/model_and_performance;
(2) Include in Appendix A a visual representation of the conceptual
framework, if a visual representation is developed;
(3) Include in Appendix A a person-loading chart and timelines, as
appropriate, to illustrate the management plan described in the
narrative;
(4) Include in the budget attendance at the following:
(i) A one and one-half day kick-off meeting to be held in
Washington, DC, after receipt of the award, and an annual planning
meeting held in Washington, DC, with the OSEP project officer and other
relevant staff during each subsequent year of the project period.
Note: Within 30 days of receipt of the award, a post-award
teleconference must be held between the OSEP project officer and the
grantee's project director or other authorized representative;
(ii) A two and one-half day project directors' conference in
Washington, DC, during each year of the project period;
(iii) Two, two-day trips annually to present at Department
briefings, Department-sponsored conferences, and other meetings, as
requested by OSEP; and
(iv) A one-day intensive review meeting that will be held during
the last half of the second year of the project period.
(5) Include in the budget a line item for an annual set-aside of
five percent of the grant amount to support emerging needs that are
consistent with the proposed project's intended outcomes, as those
needs are identified in consultation with OSEP.
Note: With approval from the OSEP project officer, the project
must reallocate any remaining funds from this annual set-aside no
later than the end of the third quarter of each budget period; and
(6) Maintain a Web site that meets government or industry-
recognized standards for accessibility.
Fourth and Fifth Years of the Project:
In deciding whether to continue funding the project for the fourth
and fifth years, the Secretary will consider the requirements of 34 CFR
75.253(a), as well as--
(a) The recommendation of a review team consisting of experts
selected by the Secretary. This review will be conducted during a one-
day intensive meeting in Washington, DC, that will be held during the
last half of the second year of the project period;
(b) The timeliness and effectiveness with which all requirements of
the negotiated cooperative agreement have been or are being met by the
project; and
(c) The quality, relevance, and usefulness of the project's
activities and products and the degree to which the project's
activities and products are aligned with the project's objectives and
likely to result in the project achieving its proposed outcomes.
References:
Henderson, K. (2008, May). Optional IDEA alternative dispute
resolution. Project Forum at the National Association of State
Directors of Special Education (NASDSE) and Consortium for
Appropriate Dispute Resolution in Special Education (CADRE).
Retrieved from: www.projectforum.org/docs/OptionalIDEAAlternativeDisputeResolution.pdf.
U.S. Government Accountability Office. (2003, September). Special
education: Numbers of formal disputes are generally low and States
are using mediation and other strategies to resolve conflicts.
Publication No. GAO-03-897. Retrieved from: www.gao.gov/new.items/d03897.pdf.
Waiver of Proposed Rulemaking: Under the Administrative Procedure
Act (APA) (5 U.S.C. 553) the Department generally offers interested
parties the opportunity to comment on proposed priorities and
requirements. Section 681(d) of IDEA, however, makes the public comment
requirements of the APA inapplicable to the priority in this notice.
Program Authority: 20 U.S.C. 1463 and 1481.
Applicable Regulations: (a) The Education Department General
Administrative Regulations in 34 CFR parts 74, 75, 77, 79, 80, 81, 82,
84, 86, 97, 98, and 99. (b) The Education Department debarment and
suspension regulations in 2 CFR part 3485.
Note: The regulations in 34 CFR part 79 apply to all applicants
except federally recognized Indian tribes.
Note: The regulations in 34 CFR part 86 apply to institutions of
higher education (IHEs) only.
II. Award Information
Type of Award: Cooperative agreement.
Estimated Available Funds: $650,000.
Contingent upon the availability of funds and the quality of
applications, we may make additional awards in FY 2014 from the list of
unfunded applicants from this competition.
Maximum Award: We will reject any application that proposes a
budget exceeding $650,000 for a single budget period of 12 months. The
Assistant Secretary for Special Education and Rehabilitative Services
may change the maximum amount through a notice published in the Federal
Register.
Estimated Number of Awards: 1.
Note: The Department is not bound by any estimates in this
notice.
Project Period: Up to 36 months with an optional additional 24
months based on performance. Applications must include plans for both
the 36-month award and the 24-month extension.
III. Eligibility Information
1. Eligible Applicants: SEAs; LEAs, including public charter
schools that are considered LEAs under State law; IHEs; other public
agencies; private nonprofit organizations; freely associated States and
outlying areas; Indian tribes or tribal organizations; and for-profit
organizations.
2. Cost Sharing or Matching: This program does not require cost
sharing or matching.
[[Page 23238]]
3. Other General Requirements: (a) The projects funded under this
program must make positive efforts to employ and advance in employment
qualified individuals with disabilities (see section 606 of IDEA).
(b) Each applicant and grant recipient funded under this program
must involve individuals with disabilities or parents of individuals
with disabilities ages birth through 26 in planning, implementing, and
evaluating the project (see section 682(a)(1)(A) of IDEA).
IV. Application and Submission Information
1. Address to Request Application Package: You can obtain an
application package via the Internet or from the Education Publications
Center (ED Pubs). To obtain a copy via the Internet, use the following
address: www.ed.gov/fund/grant/apply/grantapps/index.html. To obtain a
copy from ED Pubs, write, fax, or call the following: ED Pubs, U.S.
Department of Education, P.O. Box 22207, Alexandria, VA 22304.
Telephone, toll free: 1-877-433-7827. FAX: (703) 605-6794. If you use a
telecommunications device for the deaf (TDD) or a text telephone (TTY),
call, toll free: 1-877-576-7734.
You can contact ED Pubs at its Web site, also: www.EDPubs.gov or at
its email address: [email protected].
If you request an application from ED Pubs, be sure to identify
this competition as follows: CFDA number 84.326X.
Individuals with disabilities can obtain a copy of the application
package in an accessible format (e.g., braille, large print, audiotape,
or compact disc) by contacting the person or team listed under
Accessible Format in section VIII of this notice.
2. Content and Form of Application Submission: Requirements
concerning the content of an application, together with the forms you
must submit, are in the application package for this competition.
Page Limit: The application narrative (Part III of the application)
is where you, the applicant, address the selection criteria that
reviewers use to evaluate your application. You must limit Part III to
the equivalent of no more than 70 pages using the following standards:
A ``page'' is 8.5'' x 11'', on one side only, with 1''
margins at the top, bottom, and both sides.
Double space (no more than three lines per vertical inch)
all text in the application narrative, including titles, headings,
footnotes, quotations, references, and captions, as well as all text in
charts, tables, figures, and graphs.
Use a font that is either 12 point or larger or no smaller
than 10 pitch (characters per inch).
Use one of the following fonts: Times New Roman, Courier,
Courier New, or Arial. An application submitted in any other font
(including Times Roman or Arial Narrow) will not be accepted.
The page limit does not apply to Part I, the cover sheet; Part II,
the budget section, including the narrative budget justification; Part
IV, the assurances and certifications; or the one-page abstract, the
resumes, the bibliography, or the letters of support. However, the page
limit does apply to all of Part III.
We will reject your application if you exceed the page limit; or if
you apply other standards and exceed the equivalent of the page limit.
3. Submission Dates and Times:
Applications Available: April 18, 2013.
Deadline for Transmittal of Applications: June 3, 2013.
Applications for grants under this competition must be submitted
electronically using the Grants.gov Apply site (Grants.gov). For
information (including dates and times) about how to submit your
application electronically, or in paper format by mail or hand delivery
if you qualify for an exception to the electronic submission
requirement, please refer to section IV.7. Other Submission
Requirements of this notice.
We do not consider an application that does not comply with the
deadline requirements.
Individuals with disabilities who need an accommodation or
auxiliary aid in connection with the application process should contact
the person listed under FOR FURTHER INFORMATION CONTACT in section VII
of this notice. If the Department provides an accommodation or
auxiliary aid to an individual with a disability in connection with the
application process, the individual's application remains subject to
all other requirements and limitations in this notice.
Deadline for Intergovernmental Review: August 1, 2013.
4. Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79. Information about
Intergovernmental Review of Federal Programs under Executive Order
12372 is in the application package for this program.
5. Funding Restrictions: We reference regulations outlining funding
restrictions in the Applicable Regulations section of this notice.
6. Data Universal Numbering System Number, Taxpayer Identification
Number, Central Contractor Registry and System for Award Management: To
do business with the Department of Education, you must--
a. Have a Data Universal Numbering System (DUNS) number and a
Taxpayer Identification Number (TIN);
b. Register both your DUNS number and TIN with the Central
Contractor Registry (CCR)--and, after July 24, 2012, with the System
for Award Management (SAM), the Government's primary registrant
database;
c. Provide your DUNS number and TIN on your application; and
d. Maintain an active CCR or SAM registration with current
information while your application is under review by the Department
and, if you are awarded a grant, during the project period.
You can obtain a DUNS number from Dun and Bradstreet. A DUNS number
can be created within one business day.
If you are a corporate entity, agency, institution, or
organization, you can obtain a TIN from the Internal Revenue Service.
If you are an individual, you can obtain a TIN from the Internal
Revenue Service or the Social Security Administration. If you need a
new TIN, please allow 2-5 weeks for your TIN to become active.
The CCR or SAM registration process may take five or more business
days to complete. If you are currently registered with the CCR, you may
not need to make any changes. However, please make certain that the TIN
associated with your DUNS number is correct. Also note that you will
need to update your registration annually. This may take three or more
business days to complete. Information about SAM is available at
SAM.gov.
In addition, if you are submitting your application via Grants.gov,
you must (1) be designated by your organization as an Authorized
Organization Representative (AOR); and (2) register yourself with
Grants.gov as an AOR. Details on these steps are outlined at the
following Grants.gov Web page: www.grants.gov/applicants/get_registered.jsp.
7. Other Submission Requirements: Applications for grants under
this competition must be submitted electronically unless you qualify
for an exception to this requirement in accordance with the
instructions in this section.
a. Electronic Submission of Applications.
Applications for grants under the Center on Dispute Resolution
[[Page 23239]]
competition, CFDA number 84.326X, must be submitted electronically
using the Governmentwide Grants.gov Apply site at www.Grants.gov.
Through this site, you will be able to download a copy of the
application package, complete it offline, and then upload and submit
your application. You may not email an electronic copy of a grant
application to us.
We will reject your application if you submit it in paper format
unless, as described elsewhere in this section, you qualify for one of
the exceptions to the electronic submission requirement and submit, no
later than two weeks before the application deadline date, a written
statement to the Department that you qualify for one of these
exceptions. Further information regarding calculation of the date that
is two weeks before the application deadline date is provided later in
this section under Exception to Electronic Submission Requirement.
You may access the electronic grant application for the Center on
Dispute Resolution at www.Grants.gov. You must search for the
downloadable application package for this competition by the CFDA
number. Do not include the CFDA number's alpha suffix in your search
(e.g., search for 84.326, not 84.326X).
Please note the following:
When you enter the Grants.gov site, you will find
information about submitting an application electronically through the
site, as well as the hours of operation.
Applications received by Grants.gov are date and time
stamped. Your application must be fully uploaded and submitted and must
be date and time stamped by the Grants.gov system no later than 4:30:00
p.m., Washington, DC time, on the application deadline date. Except as
otherwise noted in this section, we will not accept your application if
it is received--that is, date and time stamped by the Grants.gov
system--after 4:30:00 p.m., Washington, DC time, on the application
deadline date. We do not consider an application that does not comply
with the deadline requirements. When we retrieve your application from
Grants.gov, we will notify you if we are rejecting your application
because it was date and time stamped by the Grants.gov system after
4:30:00 p.m., Washington, DC time, on the application deadline date.
The amount of time it can take to upload an application
will vary depending on a variety of factors, including the size of the
application and the speed of your Internet connection. Therefore, we
strongly recommend that you do not wait until the application deadline
date to begin the submission process through Grants.gov.
You should review and follow the Education Submission
Procedures for submitting an application through Grants.gov that are
included in the application package for this competition to ensure that
you submit your application in a timely manner to the Grants.gov
system. You can also find the Education Submission Procedures
pertaining to Grants.gov under News and Events on the Department's G5
system home page at www.G5.gov.
You will not receive additional point value because you
submit your application in electronic format, nor will we penalize you
if you qualify for an exception to the electronic submission
requirement, as described elsewhere in this section, and submit your
application in paper format.
You must submit all documents electronically, including
all information you typically provide on the following forms: the
Application for Federal Assistance (SF 424), the Department of
Education Supplemental Information for SF 424, Budget Information--Non-
Construction Programs (ED 524), and all necessary assurances and
certifications.
You must upload any narrative sections and all other
attachments to your application as files in a PDF (Portable Document)
read-only, non-modifiable format. Do not upload an interactive or
fillable PDF file. If you upload a file type other than a read-only,
non-modifiable PDF or submit a password-protected file, we will not
review that material. Additional, detailed information on how to attach
files is in the application instructions.
Your electronic application must comply with any page-
limit requirements described in this notice.
After you electronically submit your application, you will
receive from Grants.gov an automatic notification of receipt that
contains a Grants.gov tracking number. (This notification indicates
receipt by Grants.gov only, not receipt by the Department.) The
Department then will retrieve your application from Grants.gov and send
a second notification to you by email. This second notification
indicates that the Department has received your application and has
assigned your application a PR/Award number (an ED-specified
identifying number unique to your application).
We may request that you provide us original signatures on
forms at a later date.
Application Deadline Date Extension in Case of Technical Issues
with the Grants.gov System: If you are experiencing problems submitting
your application through Grants.gov, please contact the Grants.gov
Support Desk, toll free, at 1-800-518-4726. You must obtain a
Grants.gov Support Desk Case Number and must keep a record of it.
If you are prevented from electronically submitting your
application on the application deadline date because of technical
problems with the Grants.gov system, we will grant you an extension
until 4:30:00 p.m., Washington, DC time, the following business day to
enable you to transmit your application electronically or by hand
delivery. You also may mail your application by following the mailing
instructions described elsewhere in this notice.
If you submit an application after 4:30:00 p.m., Washington, DC
time, on the application deadline date, please contact the person
listed under FOR FURTHER INFORMATION CONTACT in section VII of this
notice and provide an explanation of the technical problem you
experienced with Grants.gov, along with the Grants.gov Support Desk
Case Number. We will accept your application if we can confirm that a
technical problem occurred with the Grants.gov system and that that
problem affected your ability to submit your application by 4:30:00
p.m., Washington, DC time, on the application deadline date. The
Department will contact you after a determination is made on whether
your application will be accepted.
Note: The extensions to which we refer in this section apply
only to the unavailability of, or technical problems with, the
Grants.gov system. We will not grant you an extension if you failed
to fully register to submit your application to Grants.gov before
the application deadline date and time or if the technical problem
you experienced is unrelated to the Grants.gov system.
Exception to Electronic Submission Requirement: You qualify for an
exception to the electronic submission requirement, and may submit your
application in paper format, if you are unable to submit an application
through the Grants.gov system because--
You do not have access to the Internet; or
You do not have the capacity to upload large documents to
the Grants.gov system;
and
No later than two weeks before the application deadline
date (14 calendar days or, if the fourteenth calendar day before the
application deadline date falls on a Federal holiday, the next business
day following the Federal holiday), you mail or fax a written statement
to the Department, explaining which of the two grounds for an
[[Page 23240]]
exception prevents you from using the Internet to submit your
application.
If you mail your written statement to the Department, it must be
postmarked no later than two weeks before the application deadline
date. If you fax your written statement to the Department, we must
receive the faxed statement no later than two weeks before the
application deadline date.
Address and mail or fax your statement to: Tina Diamond, U.S.
Department of Education, 400 Maryland Avenue SW., room 4094, Potomac
Center Plaza (PCP), Washington, DC 20202-2600. FAX: (202) 245-7617.
Your paper application must be submitted in accordance with the
mail or hand delivery instructions described in this notice.
b. Submission of Paper Applications by Mail.
If you qualify for an exception to the electronic submission
requirement, you may mail (through the U.S. Postal Service or a
commercial carrier) your application to the Department. You must mail
the original and two copies of your application, on or before the
application deadline date, to the Department at the following address:
U.S. Department of Education, Application Control Center, Attention:
(CFDA Number 84.326X), LBJ Basement Level 1, 400 Maryland Avenue SW.,
Washington, DC 20202-4260.
You must show proof of mailing consisting of one of the following:
(1) A legibly dated U.S. Postal Service postmark.
(2) A legible mail receipt with the date of mailing stamped by the
U.S. Postal Service.
(3) A dated shipping label, invoice, or receipt from a commercial
carrier.
(4) Any other proof of mailing acceptable to the Secretary of the
U.S. Department of Education.
If you mail your application through the U.S. Postal Service, we do
not accept either of the following as proof of mailing:
(1) A private metered postmark.
(2) A mail receipt that is not dated by the U.S. Postal Service.
If your application is postmarked after the application deadline
date, we will not consider your application.
Note: The U.S. Postal Service does not uniformly provide a
dated postmark. Before relying on this method, you should check with
your local post office.
c. Submission of Paper Applications by Hand Delivery.
If you qualify for an exception to the electronic submission
requirement, you (or a courier service) may deliver your paper
application to the Department by hand. You must deliver the original
and two copies of your application by hand, on or before the
application deadline date, to the Department at the following address:
U.S. Department of Education, Application Control Center, Attention:
(CFDA Number 84.326X), 550 12th Street SW., Room 7041, Potomac Center
Plaza, Washington, DC 20202-4260.
The Application Control Center accepts hand deliveries daily
between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except
Saturdays, Sundays, and Federal holidays.
Note for Mail or Hand Delivery of Paper Applications: If you mail
or hand deliver your application to the Department--
(1) You must indicate on the envelope and--if not provided by the
Department--in Item 11 of the SF 424 the CFDA number, including suffix
letter, if any, of the competition under which you are submitting your
application; and
(2) The Application Control Center will mail to you a notification
of receipt of your grant application. If you do not receive this
notification within 15 business days from the application deadline
date, you should call the U.S. Department of Education Application
Control Center at (202) 245-6288.
V. Application Review Information
1. Selection Criteria: The selection criteria for this program are
from 34 CFR 75.210 and are listed in the application package.
2. Review and Selection Process: We remind potential applicants
that in reviewing applications in any discretionary grant competition,
the Secretary may consider, under 34 CFR 75.217(d)(3), the past
performance of the applicant in carrying out a previous award, such as
the applicant's use of funds, achievement of project objectives, and
compliance with grant conditions. The Secretary may also consider
whether the applicant failed to submit a timely performance report or
submitted a report of unacceptable quality.
In addition, in making a competitive grant award, the Secretary
also requires various assurances including those applicable to Federal
civil rights laws that prohibit discrimination in programs or
activities receiving Federal financial assistance from the Department
of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
3. Additional Review and Selection Process Factors: In the past,
the Department has had difficulty finding peer reviewers for certain
competitions because so many individuals who are eligible to serve as
peer reviewers have conflicts of interest. The Standing Panel
requirements under section 682(b) of IDEA also have placed additional
constraints on the availability of reviewers. Therefore, the Department
has determined that, for some discretionary grant competitions,
applications may be separated into two or more groups and ranked and
selected for funding within specific groups. This procedure will make
it easier for the Department to find peer reviewers by ensuring that
greater numbers of individuals who are eligible to serve as reviewers
for any particular group of applicants will not have conflicts of
interest. It also will increase the quality, independence, and fairness
of the review process, while permitting panel members to review
applications under discretionary grant competitions for which they also
have submitted applications. However, if the Department decides to
select an equal number of applications in each group for funding, this
may result in different cut-off points for fundable applications in
each group.
4. Special Conditions: Under 34 CFR 74.14 and 80.12, the Secretary
may impose special conditions on a grant if the applicant or grantee is
not financially stable; has a history of unsatisfactory performance;
has a financial or other management system that does not meet the
standards in 34 CFR parts 74 or 80, as applicable; has not fulfilled
the conditions of a prior grant; or is otherwise not responsible.
VI. Award Administration Information
1. Award Notices: If your application is successful, we notify your
U.S. Representative and U.S. Senators and send you a Grant Award
Notification (GAN); or we may send you an email containing a link to
access an electronic version of your GAN. We may notify you informally,
also.
If your application is not evaluated or not selected for funding,
we notify you.
2. Administrative and National Policy Requirements: We identify
administrative and national policy requirements in the application
package and reference these and other requirements in the Applicable
Regulations section of this notice.
We reference the regulations outlining the terms and conditions of
an award in the Applicable Regulations section of this notice and
include these and other specific conditions in the GAN. The GAN also
incorporates your approved application as part of your binding
commitments under the grant.
3. Reporting: (a) If you apply for a grant under this competition,
you must ensure that you have in place the
[[Page 23241]]
necessary processes and systems to comply with the reporting
requirements in 2 CFR part 170 should you receive funding under the
competition. This does not apply if you have an exception under 2 CFR
170.110(b).
(b) At the end of your project period, you must submit a final
performance report, including financial information, as directed by the
Secretary. If you receive a multi-year award, you must submit an annual
performance report that provides the most current performance and
financial expenditure information as directed by the Secretary under 34
CFR 75.118. The Secretary may also require more frequent performance
reports under 34 CFR 75.720(c). For specific requirements on reporting,
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
4. Performance Measures: Under the Government Performance and
Results Act of 1993, the Department has established a set of
performance measures, including long-term measures, that are designed
to yield information on various aspects of the effectiveness and
quality of the Technical Assistance and Dissemination to Improve
Services and Results for Children with Disabilities program. These
measures focus on the extent to which projects provide high-quality
products and services, the relevance of project products and services
to educational and early intervention policy and practice, and the use
of products and services to improve educational and early intervention
policy and practice.
Grantees will be required to report information on their project's
performance in annual reports to the Department (34 CFR 75.590).
5. Continuation Awards: In making a continuation award, the
Secretary may consider, under 34 CFR 75.253, the extent to which a
grantee has made ``substantial progress toward meeting the objectives
in its approved application.'' This consideration includes the review
of a grantee's progress in meeting the targets and projected outcomes
in its approved application, and whether the grantee has expended funds
in a manner that is consistent with its approved application and
budget. In making a continuation grant, the Secretary also considers
whether the grantee is operating in compliance with the assurances in
its approved application, including those applicable to Federal civil
rights laws that prohibit discrimination in programs or activities
receiving Federal financial assistance from the Department (34 CFR
100.4, 104.5, 106.4, 108.8, and 110.23).
VII. Agency Contact
FOR FURTHER INFORMATION CONTACT: Tina Diamond, U.S. Department of
Education, 400 Maryland Avenue SW., Room 4094, PCP, Washington, DC
20202-2600. Telephone: (202) 245-6674.
If you use a TDD or a TTY, call the Federal Relay Service (FRS),
toll free, at 1-800-877-8339.
VIII. Other Information
Accessible Format: Individuals with disabilities can obtain this
document and a copy of the application package in an accessible format
(e.g., braille, large print, audiotape, or compact disc) by contacting
the Grants and Contracts Services Team, U.S. Department of Education,
400 Maryland Avenue SW., Room 5075, PCP, Washington, DC 20202-2550.
Telephone: (202) 245-7363. If you use a TDD or a TTY, call the FRS,
toll free, at 1-800-877-8339.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: April 12, 2013.
Michael Yudin,
Delegated the Authority to Perform the Functions and Duties of the
Assistant Secretary for Education and Rehabilitative Services.
[FR Doc. 2013-09160 Filed 4-17-13; 8:45 am]
BILLING CODE 4000-01-P