[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Notices]
[Pages 40459-40469]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16191]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Technical Assistance and 
Dissemination To Improve Services and Results for Children With 
Disabilities and the Safe and Drug-Free Schools and Communities 
Program--National Technical Assistance Center on Positive Behavioral 
Interventions and Supports

AGENCY: Office of Special Education and Rehabilitative Services, Office 
of Elementary and Secondary Education, Department of Education.

ACTION: Notice.

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Overview Information

    Technical Assistance and Dissemination To Improve Services and 
Results for Children With Disabilities and the Safe and Drug-Free 
Schools and Communities Program--National Technical Assistance Center 
on Positive Behavioral Interventions and Supports (PBIS)
    Notice inviting applications for a new award for fiscal year (FY) 
2013.

Catalog of Federal Domestic Assistance (CFDA) Number: 84.326S.

DATES: 
    Applications Available: July 5, 2013.
    Deadline for Transmittal of Applications: August 19, 2013.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Programs: 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 (TA), supporting model demonstration projects, disseminating 
useful information, and implementing activities that are supported by 
scientifically based research.
    The Safe and Drug-Free Schools and Communities program provides 
support to State educational agencies (SEAs) for a variety of drug-
abuse- and violence-prevention activities focused primarily on school-
age youths.
    Priorities: This notice includes two absolute priorities. In 
accordance with 34 CFR 75.105(b)(2)(v), absolute priority 1 is from 
allowable activities specified or otherwise authorized in the 
Individuals With Disabilities Education Act (IDEA) (see sections 663 
and 681(d) of the IDEA, 20 U.S.C. 1463 and 1481(d)). We are 
establishing absolute priority 2 under the authority in section 4121 of 
the Elementary and Secondary Education Act of 1965, as amended, and in 
accordance with section 437(d)(1) of the General Education Provisions 
Act (GEPA) (20 U.S.C. 7131; 20 U.S.C. 1232(d)(1).
    Absolute Priorities: These priorities are absolute priorities. 
Under 34 CFR 75.105(c)(3), we consider only applications that meet 
these priorities.
    These priorities are:

 Absolute Priority 1--Technical Assistance and Dissemination To Improve 
Services and Results for Children With Disabilities--National Technical 
Assistance Center on Positive Behavioral Interventions and Supports 
(PBIS)

Background
    The purpose of this priority is to fund a cooperative agreement to 
support the establishment and operation of a National Technical 
Assistance Center on Positive Behavioral Interventions and Supports 
(PBIS) (Center). The Center will assist SEAs and local educational 
agencies (LEAs) to develop, implement, scale-up, and sustain school-
wide frameworks for positive behavioral interventions and supports that 
will help improve student behavior and school climate and help students 
with disabilities and their non-disabled peers remain engaged in 
learning.
PBIS Frameworks in General
    The term ``positive behavioral interventions and supports'' (PBIS) 
was first used in a priority published by the Department in 1997, and 
it is currently used in the Individuals with Disabilities Education Act 
(IDEA) (e.g., sections 601(c)(5)(F), 611(e)(2)(C)(iii), 
614(d)(3)(B)(i), 662(b)(2)(A)(v), and 665). We do not use ``PBIS'' to 
mean any specific program or curriculum. Rather, we use the term 
generically to reference a multi-tiered behavioral framework used to 
improve the integration and implementation of behavioral practices, 
data-driven decisionmaking systems, professional development 
opportunities, school leadership, supportive SEA and LEA policies, and 
evidence-based instructional strategies. A PBIS framework helps to 
improve behavioral and academic outcomes by improving school climate, 
preventing problem behavior, increasing learning time,

[[Page 40460]]

promoting positive social skills, and delivering effective behavioral 
interventions and supports.
    The Office of Special Education Programs (OSEP) has invested in 
developing and implementing behavioral interventions, supports, and 
strategies for over 30 years. In 1997, OSEP funded the first national 
TA center to explore how to incorporate a variety of behavioral 
practices into a school-wide framework that would (1) address the 
social, emotional, and behavioral needs of students with challenging 
behaviors in a comprehensive and deliberate manner, similar to how 
academic instruction is provided; and (2) provide a structure for the 
delivery of a continuum of evidence-based practices designed to benefit 
all students and supported by data-driven decisionmaking.
    Although the initial focus of the TA center was to provide support 
for those students with the most challenging behaviors, including those 
with, and at risk of, emotional disturbance, it became evident to OSEP 
and center staff that most schools lacked the time and expertise needed 
to focus on the most challenging students. The cause appeared to be the 
absence of a basic school-wide structure to effectively address 
behavioral expectations for all students, including defining, teaching, 
and reinforcing expected behaviors and delivering consistent and 
effective consequences in a way that leads to decreased problem 
behaviors and increased appropriate behavior.
    As a result, OSEP adjusted the scope of the initial investment. The 
revised goal focused on the design of a broad behavioral framework 
anchored by critical implementation components, yet flexible enough to 
allow for customization by end users (e.g., schools and LEAs) based on 
local needs and resources. After 15 years of research and practice, 
there is an emerging evidence base supporting the effectiveness of 
multi-tiered behavioral frameworks implemented in a variety of school 
settings across the country.
    A PBIS framework proactively and systematically addresses student 
problem behavior (e.g., non-compliance, disrespect, bullying, poor 
social skills) by providing positive behavioral expectations that are 
clearly articulated, consistently upheld, and nested within a 
comprehensive infrastructure of support, that includes data collection 
and use, professional development, and supportive policies (Horner, 
Sugai, Todd, & Lewis-Palmer, 2005; Sugai & Horner, 2006). In providing 
a structure for schools to address behavior and behavior-related 
issues, a PBIS framework is designed to improve school climate for all 
students and staff and keep students in school and engaged in 
instruction.
    PBIS provides for ascending levels of support from universal to 
targeted to an individualized, intensive level. Universal level 
interventions are designed for all students and all staff in support of 
a positive school-wide climate. Students who are not meeting behavioral 
expectations can be more easily identified and provided an additional 
level of targeted interventions and supports by trained personnel. For 
the few students who require even more complex interventions and 
support, additional individualized and ``wraparound'' supports are 
provided. Typically, this intensive level of support requires the 
coordination of services from multiple agencies, including mental 
health and juvenile justice agencies.
Effects of Implementing a PBIS Framework
    Effective implementation of PBIS frameworks has resulted in 
decreases in student discipline referrals, suspensions, and expulsions; 
increased safety and school satisfaction among staff, students, and 
parents; improved school climate; and increased instructional time 
(Horner, Sugai, Todd, & Lewis-Palmer, 2005; Lewis-Palmer, Horner, 
Sugai, Eber, & Phillips, 2002; Luiselli, Putnam, & Sunderland, 2002; 
Schneider, Walker, & Sprague, 2000). These outcomes are beneficial to 
all students but even more so for students with disabilities.
    Students with disabilities are disproportionately represented in 
school disciplinary infractions, suspensions, expulsions, and in 
juvenile justice facilities (U.S. Department of Education, 2012; Losen 
& Skiba, 2010). Data from the most recent Civil Rights Data Collection 
(CRDC) indicate that children with disabilities are suspended and 
expelled at rates more than twice their non-disabled peers (U.S. 
Department of Education, 2012). In some cases, because school personnel 
lack training in effective behavioral supports and interventions, 
children with disabilities may be inappropriately removed from the 
instructional setting. While children with disabilities often require 
the most intensive supports to succeed in school, their frequent 
removals from the instructional setting further hinder their academic 
progress. According to Scott and Barrett (2004), the typical 
disciplinary referral translated to an average of 20 minutes of student 
time spent out of the classroom. In addition, other students in the 
classroom also lost instructional time while the student engaged in the 
problem behavior. Implementation of PBIS, however, was found to 
increase overall instructional time (Scott & Barrett, 2004). Although 
the link between PBIS and improved academic outcomes has yet to be 
fully demonstrated, if behavioral disruptions are minimized and 
students are engaged in effective instruction, it is likely that both 
behavioral and academic progress will result.
    Research demonstrates that the implementation of a PBIS framework 
improves overall school climate and safety. A 2008 evaluation of PBIS 
by Bradshaw, Koth, Bevans, Ialongo, and Leaf found that schools using 
PBIS showed significant improvement in overall organizational health as 
measured by the Organizational Health Inventory, which measures aspects 
of healthy functioning, the principal's resource acquisition ability, 
and staff collegiality.
    When there is fidelity implementing PBIS, studies have found the 
following statistically significant results: perceived school safety, 
reductions in overall problem behaviors, reductions in bullying 
behaviors (Bradshaw, Pas, Goldweber, Rosenberg, & Leaf, 2012), and 
reductions in office discipline referrals and suspensions (Bradshaw, 
Mitchell, & Leaf, 2010; Horner et al., 2009). Studies have also found a 
correlation between the use of PBIS procedures and improved social 
skills (Barrett, Bradshaw, & Lewis-Palmer, 2008). Emerging evidence 
also links PBIS implementation with improved academic achievement 
(Bradshaw, Mitchell, & Leaf, 2010; Horner et al., 2009; McIntosh, 
Bennett, & Price, 2011). In addition to being effective, according to 
Bradshaw, Mitchell, and Leaf (2010), school-wide PBIS programs are 
attractive to SEAs and LEAs because they are designed to promote and 
enhance the learning environment for all students while having 
additional supports in place for students who have greater social, 
emotional, and behavioral needs. However, more research is needed on 
the relationship between PBIS implementation and improved academic 
achievement, the effectiveness of PBIS implementation in high-need 
settings, and effective implementation of more intensive and 
individualized interventions and services within the framework.
Status of Schools' Implementation of PBIS Frameworks
    Although schools have long attempted to address discipline, 
disruptive and problem behavior, violence, bullying,

[[Page 40461]]

and vandalism (Gottfredson & Gottfredson, 2001; Horner, Sugai, & 
Vincent, 2005; Menzies & Lane, 2011; Sugai & Horner, 2002), the vast 
majority of America's schools have not implemented comprehensive, 
effective supports addressing the full range of students' social, 
emotional, and behavioral needs. Renewed calls for schools to prevent 
disruptive and violent behavior have contributed to the increased 
implementation of behavioral frameworks, like PBIS, that focus on 
prevention and positive interventions school-wide (Bradshaw, Mitchell, 
& Leaf, 2010; Bradshaw, Reinke, Brown, Bevans, & Leaf, 2008).
    From the data collected through the School-Wide Information System, 
a school-wide behavioral data collection and decisionmaking tool 
developed in conjunction with the PBIS TA center, there are data about 
PBIS implementation efforts and progress of about 18,000 schools 
(www.pbis.org). While impressive, this represents only 18 percent of 
all public schools in the United States. In addition, from assessments 
using the School-wide Evaluation Tool, which measures the quality of 
implementation (e.g., whether expectations are defined, behavioral 
expectations are taught, ongoing systems for rewarding satisfaction of 
behavioral expectations and for responding to behavioral violations are 
in place, etc.), we know that high-quality implementation mostly exists 
at the universal and targeted levels, where the behavioral needs of all 
students are addressed. Few schools are currently structured to 
comprehensively and effectively address the needs of students, 
including students with disabilities, with the most challenging 
behaviors. States and districts have also struggled to develop PBIS 
system components, such as data collection, policies, funding, and 
professional development, as well as the local capacity and expertise, 
that are critical to supporting and sustaining comprehensive local 
implementation efforts (Bradshaw, Reinke, Brown, Bevans, & Leaf, 2008).
    In sum, additional support is needed to increase the number of SEAs 
and LEAs that scale-up the implementation of PBIS frameworks in order 
to achieve large-scale and widespread behavioral improvements. In 
addition, since high-quality implementation is critical to producing 
the best possible behavioral outcomes, the fidelity of current 
implementation efforts must be improved. Additional knowledge is needed 
on implementation in high-need areas and interventions for students 
with the most intensive needs. SEAs and LEAs also need continuing 
assistance in developing the school and program components necessary to 
support the implementation, scaling up, and sustainability of PBIS 
frameworks as a critical tool in promoting the achievement of students 
with and without disabilities.
Priority
    The purpose of this priority is to fund a cooperative agreement to 
support the establishment and operation of a National Technical 
Assistance Center on PBIS (Center). The Center will assist SEAs and 
LEAs to develop and implement a PBIS framework that will help students 
remain engaged in instruction and improve academic outcomes for both 
students with and without disabilities. The Center must achieve, at a 
minimum, the following intended outcomes that support implementing a 
PBIS framework:
    (a) Improved skills of SEA personnel to organize the components of 
a PBIS framework, such as policies, funding, professional development, 
coaching, data collection and analysis and interagency coordination for 
service provision with state justice, mental health and other youth 
services agencies.
    (b) Improved skills of LEA personnel to (1) implement the evidence-
based practices and skills that comprise the PBIS behavioral framework; 
(2) collect and use data to inform behavioral decisionmaking; and (3) 
develop, including through collaboration with mental health and 
juvenile justice agencies, the local capacity, partnerships, and 
expertise needed to implement, scale-up, and sustain a PBIS framework 
and demonstrate the effects of the implementation within the school and 
the larger school community.
    (c) Increased body of knowledge of researchers and practitioners on 
implementing, scaling up, and sustaining a PBIS framework to provide 
the behavioral supports for students with disabilities and their non-
disabled peers to achieve both behavioral and academic success.
    (d) Increased use by SEAs and LEAs of reliable and valid tools and 
processes for evaluating the fidelity of the implementation of a PBIS 
framework and for measuring its outcomes, including reductions in 
discipline referrals, suspensions, expulsions, and the use of 
restraints and seclusion and improvements in school climate, time spent 
in instruction, and overall academic achievement.
    (e) Increased body of knowledge on the processes to effectively 
implement PBIS in high-need LEAs; \1\ high-poverty schools; \2\ low-
performing schools including persistently lowest-achieving schools; \3\ 
and priority schools (in the case of States that have received the 
Department's approval of a request for flexibility under the Elementary 
and Secondary Education Act of 1965, as amended (ESEA)),\4\ to develop 
and

[[Page 40462]]

improve the quality of information, tools, and products to assist 
initial and sustained implementation of a PBIS framework in these LEAs;
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    \1\ For the purposes of this priority, the term ``high-need 
LEA'' means an LEA (a) that serves not fewer than 10,000 children 
from families with incomes below the poverty line; or (b) for which 
not less than 20 percent of the children served by the LEA are from 
families with incomes below the poverty line.
    \2\ For the purposes of this priority, the term ``high-poverty 
school'' means a school in which at least 50 percent of students are 
eligible for free or reduced-price lunches under the Richard B. 
Russell National School Lunch Act or in which at least 50 percent of 
students are from low-income families as determined using one of the 
criteria specified under section 1113(a)(5) of the Elementary and 
Secondary Education Act of 1965, as amended (ESEA). For middle and 
high schools, eligibility may be calculated on the basis of 
comparable data from feeder schools. Eligibility as a high-poverty 
school under this definition is determined on the basis of the most 
currently available data (www2.ed.gov/legislation/FedRegister/other/2010-4/121510b.html).
    \3\ For the purposes of this priority,
     (a) The term ``persistently lowest-achieving schools'' means, 
as determined by the State--
    (1) Any Title I school in improvement, corrective action, or 
restructuring that--
    (i) Is among the lowest-achieving five percent of Title I 
schools in improvement, corrective action, or restructuring or the 
lowest-achieving five Title I schools in improvement, corrective 
action, or restructuring in the State, whichever number of schools 
is greater; or
    (ii) Is a high school that has had a graduation rate as defined 
in 34 CFR 200.19(b) that is less than 60 percent over a number of 
years; and
    (2) Any secondary school that is eligible for, but does not 
receive, Title I funds that--
    (i) Is among the lowest-achieving five percent of secondary 
schools or the lowest-achieving five secondary schools in the State 
that are eligible for, but do not receive, Title I funds, whichever 
number of schools is greater; or
    (ii) Is a high school that has had a graduation rate as defined 
in 34 CFR 200.19(b) that is less than 60 percent over a number of 
years.
    (b) To identify the lowest-achieving schools, a State must take 
into account both--
    (i) The academic achievement of the ``all students'' group in a 
school in terms of proficiency on the State's assessments under 
section 1111(b)(3) of the ESEA in reading/language arts and 
mathematics combined; and
    (ii) The school's lack of progress on those assessments over a 
number of years in the ``all students'' group.
    For the purposes of this priority, the Department considers 
schools that are identified as Tier I or Tier II schools under the 
School Improvement Grants Program (see 75 FR 66363) as part of a 
State's approved FY 2009, FY 2010, or FY 2011 application to be 
persistently lowest-achieving schools. A list of these Tier I and 
Tier II schools can be found on the Department's Web site at 
www2.ed.gov/programs/sif/index.html.
    \4\ For the purposes of this priority, the term ``priority 
school'' means a school that has been identified by the State as a 
priority school pursuant to the State's approved request for ESEA 
flexibility.
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    (f) Expanded use of the lessons learned from implementing PBIS to: 
(1) Inform other Federal, State, and district efforts to reduce 
incidents of bullying, the use of restraint and seclusion, and the 
disproportionate application of disciplinary procedures such as 
suspension and expulsion to minority students and students with 
disabilities; (2) reduce inappropriate referrals of students with 
disabilities to law enforcement; and (3) inform school climate and 
school mental health initiatives that affect students with disabilities 
and that are supported or will be supported by the Department of 
Education and other Federal agencies (e.g., the Department of Justice, 
the Department of Health and Human Services).
    In addition to these program requirements, to be considered for 
funding under this absolute priority, applicants must meet the 
application and administrative requirements under Absolute Priority 1 
and Absolute Priority 2 Common Elements.

Absolute Priority 2--Technical Assistance and Dissemination to Improve 
Services and Results for Promoting Safe and Drug-Free Schools--National 
Technical Assistance Center on Positive Behavioral Interventions and 
Supports (PBIS)

Background
    The purpose of this priority is to support the work of the Center 
funded under absolute priority 1 in assisting SEAs and LEAs funded 
under the School Climate Transformation Grants initiative, as well as 
under other Safe and Drug-Free Schools and Communities National 
Programs, to develop and implement a PBIS framework that promotes safe 
and drug-free schools.
    As detailed in the background section to absolute priority 1, 
research indicates that when multi-tiered behavioral frameworks are 
implemented with fidelity, schools experience reductions in problem 
behavior (as measured by office discipline referrals and suspension), 
decreased bullying and peer victimization, and improved organizational 
health and perception of school as a safe setting. There is also 
emerging evidence that: (1) youth risk factors are reduced in schools 
where these frameworks are implemented well; and (2) reduced risk 
factors are correlated with reduced drug use, among other improved 
behaviors.
    Accordingly, the Department's 2014 budget request for the 
Successful, Safe, and Healthy Students program includes $50 million for 
a proposed School Climate Transformation Grants initiative. This 
initiative, in combination with grants from the Substance Abuse and 
Mental Health Services Administration (SAMHSA) and the Department of 
Justice (DOJ), is a part of the President's plan, Now Is The Time, to 
make schools safer from gun violence and create positive school 
climates. Grants would enable SEAs and LEAs to develop and adopt, or 
expand to more schools, a multi-tiered decisionmaking framework that 
guides the selection, integration, and implementation of the best 
evidence-based behavioral practices for improving school climate and 
behavioral outcomes for all students. Funding under absolute priority 2 
would be used to provide technical assistance for that purpose to 
grantees funded under programs implemented in connection with the 
School Climate Transformation Grants initiative as well as other 
Successful, Safe, and Healthy Programs.
Priority
    The purpose of this priority is to support the work of the National 
Technical Assistance Center on PBIS (Center) funded under absolute 
priority 1 in assisting SEAs and LEAs funded under the School Climate 
Transformation Grants initiative as well as other Safe and Drug-Free 
Schools and Communities National Programs to develop and implement a 
PBIS framework that promotes safe and drug-free schools and is designed 
to keep students engaged in instruction and improve academic outcomes 
for students with and without disabilities. The Center must achieve, at 
a minimum, the following intended outcomes that support implementing a 
PBIS framework:
    (a) Improved skills of SEA personnel to organize the components of 
a PBIS framework, such as policies, funding, professional development, 
coaching, data collection and analysis, and interagency coordination 
for service provision with state justice, mental health and other youth 
services agencies.
    (b) Improved skills of LEA personnel to (1) implement the evidence-
based practices and skills that comprise the PBIS behavioral framework; 
(2) collect and use data to inform behavioral decisionmaking; and (3) 
develop, including through collaboration with mental health and 
juvenile justice agencies, the local capacity and expertise needed to 
implement, scale-up, and sustain a PBIS framework and demonstrate the 
effects of the implementation within the school and the larger school 
community.
    (c) Increased body of knowledge of researchers and practitioners on 
implementing, scaling up, and sustaining a PBIS framework to provide 
the behavioral supports to prevent the illegal use of drugs and 
violence among, and promote safety and discipline for, students.
    (d) Increased use by SEAs and LEAs of reliable and valid tools and 
processes for evaluating the fidelity of the implementation of a PBIS 
framework and for measuring its outcomes, including reductions in 
violence and the illegal use of drugs, discipline referrals, 
suspensions, expulsions, and the use of restraints and seclusion, and 
improvements in school climate, time spent in instruction, and overall 
academic achievement.
    (e) Increased body of knowledge on the processes to effectively 
implement PBIS in high-need LEAs; \5\ high-poverty schools; \6\ low-
performing schools including persistently lowest-achieving schools; \7\ 
and priority schools (in the

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case of States that have received the Department's approval of a 
request for flexibility under the Elementary and Secondary Education 
Act of 1965, as amended (ESEA)),\8\ to develop and improve the quality 
of information, tools, and products to assist initial and sustained 
implementation of a PBIS framework in these LEAs;
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    \5\ For the purposes of this priority, the term ``high-need 
LEA'' means an LEA (a) that serves not fewer than 10,000 children 
from families with incomes below the poverty line; or (b) for which 
not less than 20 percent of the children served by the LEA are from 
families with incomes below the poverty line.
    \6\ For the purposes of this priority, the term ``high-poverty 
school'' means a school in which at least 50 percent of students are 
eligible for free or reduced-price lunches under the Richard B. 
Russell National School Lunch Act or in which at least 50 percent of 
students are from low-income families as determined using one of the 
criteria specified under section 1113(a)(5) of the Elementary and 
Secondary Education Act of 1965, as amended (ESEA). For middle and 
high schools, eligibility may be calculated on the basis of 
comparable data from feeder schools. Eligibility as a high-poverty 
school under this definition is determined on the basis of the most 
currently available data (www2.ed.gov/legislation/FedRegister/other/2010-4/121510b.html).
    \7\ For the purposes of this priority,
    (a) The term ``persistently lowest-achieving schools'' means, as 
determined by the State--
    (1) Any Title I school in improvement, corrective action, or 
restructuring that--
    (i) Is among the lowest-achieving five percent of Title I 
schools in improvement, corrective action, or restructuring or the 
lowest-achieving five Title I schools in improvement, corrective 
action, or restructuring in the State, whichever number of schools 
is greater; or
    (ii) Is a high school that has had a graduation rate as defined 
in 34 CFR 200.19(b) that is less than 60 percent over a number of 
years; and
    (2) Any secondary school that is eligible for, but does not 
receive, Title I funds that--
    (i) Is among the lowest-achieving five percent of secondary 
schools or the lowest-achieving five secondary schools in the State 
that are eligible for, but do not receive, Title I funds, whichever 
number of schools is greater; or
    (ii) Is a high school that has had a graduation rate as defined 
in 34 CFR 200.19(b) that is less than 60 percent over a number of 
years.
    (b) To identify the lowest-achieving schools, a State must take 
into account both--
    (i) The academic achievement of the ``all students'' group in a 
school in terms of proficiency on the State's assessments under 
section 1111(b)(3) of the ESEA in reading/language arts and 
mathematics combined; and
    (ii) The school's lack of progress on those assessments over a 
number of years in the ``all students'' group.
    For the purposes of this priority, the Department considers 
schools that are identified as Tier I or Tier II schools under the 
School Improvement Grants Program (see 75 FR 66363) as part of a 
State's approved FY 2009, FY 2010, or FY 2011 application to be 
persistently lowest-achieving schools. A list of these Tier I and 
Tier II schools can be found on the Department's Web site at 
www2.ed.gov/programs/sif/index.html.
    \8\ For the purposes of this priority, the term ``priority 
school'' means a school that has been identified by the State as a 
priority school pursuant to the State's approved request for ESEA 
flexibility.
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    (f) Expanded use of the lessons learned from implementing a PBIS 
framework to: (1) Inform other Federal, State, and district efforts to 
reduce incidents of illegal drug use and violence by students 
(including bullying), the use of restraint and seclusion, and the 
disproportionate application of disciplinary procedures such as 
suspension and expulsion to minority students and students with 
disabilities; (2) reduce inappropriate referrals of students to law 
enforcement; and (3) inform school climate and school mental health 
initiatives that are supported or will be supported by the Department 
of Education and other Federal agencies (e.g., the Department of 
Justice, the Department of Health and Human Services).
    In addition to these program requirements, to be considered for 
funding under this absolute priority, applicants must meet the 
application and administrative requirements under Absolute Priority 1 
and Absolute Priority 2 Common Elements.

Absolute Priority 1 and Absolute Priority 2 Common Elements

    In addition to the program requirements contained in both absolute 
priorities, to be considered for funding applicants must meet the 
following application and administrative requirements. OSEP encourages 
innovative approaches to meet these requirements, which are:
    (a) Demonstrate, in the narrative section of the application under 
``Significance of the Project,'' how the proposed project will--
    (1) Address the current and emerging needs of SEAs and LEAs to 
implement, scale-up, and sustain a PBIS framework.
    To address this requirement the applicant must--
    (i) Present applicable national, State, regional, or local data 
demonstrating the needs of SEAs and LEAs to implement, scale-up, and 
sustain a PBIS framework; and
    (ii) Demonstrate knowledge of current policy initiatives and issues 
relating to implementing, scaling, and sustaining a PBIS framework 
within the context of comprehensive school improvement efforts; and
    (2) Result in (i) improved quality of PBIS implementation and (ii) 
increased scale-up in LEAs and SEAs.
    (b) Demonstrate, in the narrative section of the application under 
``Quality of the Project Services,'' how the proposed project will--
    (1) Ensure equal access and treatment for members of groups that 
have traditionally been underrepresented based on race, color, national 
origin, linguistic diversity, gender, age, or disability. To meet this 
requirement, the applicant must describe the process that will be used 
to--
    (i) Identify the needs of the intended recipients for TA and 
information; and
    (ii) Ensure that services and products meet the needs of the 
intended recipients;
    (2) Achieve its goals, objectives, and intended outcomes. To meet 
this requirement, the applicant must provide--
    (i) Measureable intended project outcomes; and
    (ii) The theory of action on how the proposed project will achieve 
the intended 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 PBIS and related 
evidence-based practices;
    (ii) How evidence-based adult learning principles and 
implementation science will inform the TA provided (see http://nirn.fpg.unc.edu/sites/nirn.fpg.unc.edu/files/resources/NIRN-MonographFull-01-2005.pdf); 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 intended outcomes of 
the proposed project. To address this requirement, the applicant must 
describe--
    (i) Its proposed activities to identify, develop, or expand the 
knowledge base of researchers, trainers, TA providers, and 
practitioners on PBIS;
    (ii) Its proposed approach to universal, general TA,\9\ including 
the intended recipients of the products and services under this 
approach;
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    \9\ ``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,\10\ 
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 the 
recipients' current infrastructure, available resources, and ability to 
build capacity at the local level; and
---------------------------------------------------------------------------

    \10\ ``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,\11\ 
including the intended recipients of the products and services under 
this approach. To address this requirement, the applicant must 
describe--
---------------------------------------------------------------------------

    \11\ ``Intensive, sustained TA'' means TA services often 
provided on-site 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 approach to measure the readiness of SEAs and LEAs 
to work with the proposed project using intensive TA, including their

[[Page 40464]]

commitment to PBIS, how PBIS implementation will support other ongoing 
reform priorities, current infrastructure, available resources, and 
ability to build capacity at the local, district, or State level;
    (B) Its proposed plan for assisting States and LEAs to build 
comprehensive systems of ongoing professional development based on 
adult learning principles that include initial training for all staff, 
intensive role-specific training for small groups, and one-on-one 
coaching; and
    (C) Its proposed plan for working with each level of the education 
system (e.g., SEA, regional TA providers, LEAs, schools) and other key 
systems (justice and mental health) to ensure communication between 
each level and across systems, and that there are mechanisms in place 
at each level to support the use of PBIS;
    (D) Its proposed plan for making information on evidence-based 
behavioral interventions across the multiple tiers of support available 
to intended audiences, which must include how the applicant will link 
to the evidence-based practices identified by the Department and other 
relevant federal agencies; (6) Develop products and implement services 
to maximize the project's efficiency. To address this requirement, the 
applicant must describe--
    (i) How the proposed project will use technology to achieve the 
intended project outcomes;
    (ii) How the proposed project will collaborate with the School-wide 
Integrated Framework for Transformation Center (www.swiftschools.org), 
the State Implementation and Scaling-up of Evidence-based Practices 
Center (http://sisep.fpg.unc.edu), and other related centers supported 
by the Department of Education, the Substance Abuse and Mental Health 
Services Administration (SAMHSA), or the Department of Justice (DOJ), 
as directed by the Department of Education in the cooperative 
agreement;
    (iii) With whom the proposed project will collaborate (including 
other Federal TA efforts such as OSEP TA centers, the Office of 
Elementary and Secondary Education Comprehensive Centers (http://www2.ed.gov/programs/newccp/contacts.html), the Department of Justice 
National Technical Assistance Center, and the Department of Health and 
Human Services Safe School/Healthy Students TTA Center) on the intended 
outcomes of this collaboration; and
    (iv) How the proposed project will use non-project resources 
effectively to achieve the intended 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 intended 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,'' separately for (1) absolute priority 
1 only and (2) absolute priority 2 only, 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, linguistic 
diversity, 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 meet 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.
    (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 
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, educators, TA providers, researchers, 
and policy makers, among others, in its development and operation.
    (f) Meet the following application 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 intended 
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: www.researchutilization.org/matrix/logicmodel_resource3c.html and www.tadnet.org/pages/589;

    (2) Include in Appendix A a visual representation of the conceptual 
framework, if a visual representation is developed;
    (3) Include in Appendix A person-loading charts 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 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) Three trips annually to attend 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 for absolute priority 1

[[Page 40465]]

and five percent of the grant amount for absolute priority 2 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

Barrett, S., Bradshaw, C. P., & Lewis-Palmer, T. (2008). Maryland 
statewide PBIS initiative: Systems, evaluation, and next steps. 
Journal of Positive Behavior Interventions, 10, 105-114.
Bradshaw, C., Koth, C., Bevans, K., Ialongo, N., & Leaf, P. J. 
(2008). The impact of school-wide positive behavioral interventions 
and supports (PBIS) on the organizational health of elementary 
schools. School Psychology Quarterly, 23, 462-473.
Bradshaw, C. P., Mitchell, M. M., & Leaf, P. J. (2010). Examining 
the effects of school-wide positive behavioral interventions and 
supports on student outcomes: Results from a randomized controlled 
effectiveness trial in elementary schools. Journal of Positive 
Behavior Interventions, 12, 133-148.
Bradshaw, C. P., Pas, E. T., Goldweber, A., Rosenberg, M., & Leaf, 
P. (2012). Integrating school-wide positive behavioral interventions 
and supports with tier 2 coaching to student support teams: The 
PBISplus Model. Advances in School Mental Health Promotion: Training 
and Practice, Research and Policy, 5(3), 177-193.
Bradshaw, C. P., Reinke, C. P., Brown, L. D., Bevans, K. B., & Leaf, 
P. J. (2008). Implementation of school-wide positive behavioral 
interventions and supports (PBIS) in elementary schools: 
Observations from a randomized trial. Education and Treatment of 
Children, 31(1), 1-26.
Gottfredson, G. D., & Gottfredson, D. C. (2001). Gang problems and 
gang programs in a national sample of schools. Ellicott City, MD: 
Gottfredson Associates, Inc.
Horner, R. H., Sugai, G., Smolkowski, K., Eber, L., Nakasato, J., 
Todd, A. W., & Esperanza, J. (2009). A randomized, wait-list 
controlled effectiveness trial assessing school-wide positive 
behavior support in elementary schools. Journal of Positive Behavior 
Interventions, 11(3), 133-144.
Horner, R., Sugai, G., Todd, A., & Lewis-Palmer, T. (2005). School-
wide positive behavior support. In L. Bambara & L. Kern (Eds.), 
Individualized supports of students with problem behavior plans (pp. 
259-390). New York: Guilford.
Horner, R., Sugai, G., & Vincent, C. (2005, Spring). School-wide 
positive behavior support: Investing in student success. Impact, 
18(2), 4-5.
Lewis-Palmer, T., Horner, R. H., Sugai, G., Eber, L., & Phillips, D. 
(2002). Illinois Positive Behavior Interventions and Support 
Project: 2001-2002 Progress Report. University of Oregon: OSEP 
Center on Positive Behavior Support.
Losen, D. J., & Skiba, R. J. (2010). Suspended education: Urban 
middle schools in crisis. Montgomery, AL: Southern Poverty Law 
Center. Retrieved from www.splcenter.org/get-informed/publications/suspended-education.
Luiselli, J. K., Putnam, R. F., & Sunderland, M. (2002). 
Longitudinal evaluation of behavior support intervention in a public 
middle school. Journal of Positive Behavior Interventions, 6(3), 
182-188.
McIntosh, K., Bennett, J. L., & Price, K. (2011). Evaluation of 
social and academic effects of school-wide positive behaviour 
support in a Canadian school district. Exceptionality Education 
International, 21(1), 46-60.
Menzies, H. M., & Lane, K. L. (2011). Using self-regulated 
strategies and functional assessment-based interventions to provide 
academic and behavioral support to students at risk within three-
tiered models of prevention. Preventing School Failure, 55(4), 181-
191.
Schneider, T., Walker, H. M., & Sprague, J. R. (2000). Safe school 
design: A handbook for educational leaders. Eugene, OR: ERIC 
Clearinghouse on Educational Management, College of Education, 
University of Oregon.
Scott, T. M., & Barrett, S. B. (2004). Using staff and student time 
engaged in disciplinary procedures to evaluate the impact of school-
wide PBIS. Journal of Positive Behavior Interventions, 6(1), 21-27.
Sugai, G., & Horner, R. H. (2002). The evolution of discipline 
practices: School-wide positive behavior supports. Child and Family 
Behavior Therapy, 24, 23-50.
Sugai, G., & Horner, R. (2006). A promising approach to expanding 
and sustaining school-wide positive behavior support. School 
Psychology Review, 35(2), 245-259.
U.S. Department of Education, Office for Civil Rights. (2012). Civil 
rights data collection (CRDC): The transformed CRDC--March 2012 data 
summary. Retrieved from www2.ed.gov/about/offices/list/ocr/docs/crdc-2012-data-summary.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 absolute priority 1 in this 
notice. In addition, Section 437(d)(1) of GEPA allows the Secretary to 
exempt from rulemaking requirements regulations governing the first 
grant competition under a new or substantially revised program 
authority. This is the first grant competition for the Safe and Drug-
Free Schools and Communities program under section 4121 of the 
Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C. 
7131, and therefore qualifies for this exemption. In order to ensure 
timely grant awards, the Secretary has decided to forego public comment 
on absolute priority 2 under section 437(d)(1) of GEPA. Absolute 
priority 2 will apply to the FY 2013 grant competition and any 
subsequent year in which we make awards from the list of unfunded 
applicants from this competition.

    Program Authority: 20 U.S.C. 1463 and 1481; 20 U.S.C. 7131.

    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. (c) The regulations in 34 
CFR part 299.

    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: For absolute priority 1: $1,685,000 in 
FY 2013 and each of the four subsequent years. For absolute priority 2: 
There are

[[Page 40466]]

no funds available in FY 2013 but should funding become available in FY 
2014 we estimate that $2,500,000 would be available in FY 2014 and each 
of the three subsequent years. Funding for absolute priority 2 is 
contingent upon funding under the Safe and Drug-Free Schools and 
Communities (SDFSC) National Programs, specifically, funding for 
absolute priority 2 and funding for grants under the SDFSC National 
Programs that would be the recipients of the technical assistance to be 
provided under absolute priority 2.

    Note: Applicants must submit a separate Form 524b budget and 
budget narrative for absolute priority 1 only and a separate Form 
524b budget and budget narrative for absolute priority 2 only. The 
Secretary will reject any application that does not separately 
address the requirements specified in absolute priority 1 and 
absolute priority 2 and include separate budgets and budget 
narratives for absolute priority 1 only and absolute priority 2 
only.

    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 $1,685,000 for absolute priority 1 for a single budget 
period of 12 months. We will reject any application that proposes a 
budget exceeding $2,500,000 for absolute priority 2 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; outlying areas; freely 
associated States; Indian tribes or tribal organizations; and for-
profit organizations.
    2. Cost Sharing or Matching: This competition does not require cost 
sharing or matching.
    3. Other General Requirements:
    (a) Recipients of funding under this competition must make positive 
efforts to employ, and advance in employment, qualified individuals 
with disabilities (see section 606 of IDEA).
    (b) Each applicant for, and recipient of, funding under this 
competition 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: Education Publications 
Center (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: edpubs@inet.ed.gov.
    If you request an application package from ED Pubs, be sure to 
identify this competition as follows: CFDA number 84.326S.
    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 100 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 the application narrative section (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: July 5, 2013.
    Deadline for Transmittal of Applications: August 19, 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.
    4. Intergovernmental Review: This competition is subject to 
Executive Order 12372 and the regulations in 34 CFR part 79. However, 
under 34 CFR 79.8(a), we waive intergovernmental review in order to 
make an award by the end of FY 2013.
    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, 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 System for Award 
Management (SAM) (formerly the Central Contractor Registry (CCR)), the

[[Page 40467]]

Government's primary registrant database;
    c. Provide your DUNS number and TIN on your application; and
    d. Maintain an active 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 SAM registration process may take seven or more business days 
to complete. If you are currently registered with SAM, 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 National Technical Assistance 
Center on PBIS competition, CFDA number 84.326S, 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 National 
Technical Assistance Center on PBIS 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 84.326S).
    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 (a Department-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

[[Page 40468]]

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 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: Renee Bradley, U.S. 
Department of Education, 400 Maryland Avenue SW., Room 4103, 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 84.326S), 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 84.326S), 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

[[Page 40469]]

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 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: Renee Bradley, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 4103, PCP, Washington, DC 
20202-2600. Telephone: (202) 245-7277.
    If you use a TDD or a TTY, call the Federal Information Relay 
Service (FIRS), 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 FIRS, 
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: July 1, 2013.
Michael K. Yudin,
Delegated the authority to perform the functions and duties of the 
Assistant Secretary for Special Education and Rehabilitative Services.
Deborah S. Delisle,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2013-16191 Filed 7-3-13; 8:45 am]
BILLING CODE 4000-01-P