OPRDF Statute

``SEC. 682. <<NOTE: 20 USC 1482.>> ADMINISTRATIVE PROVISIONS.

``(a) Applicant and Recipient Responsibilities.--

``(1) Development and assessment of projects.--The Secretary

shall require that an applicant for, and a recipient of, a

grant, contract, or cooperative agreement for a project under

subpart 2 or 3--

``(A) involve individuals with disabilities or

parents of individuals with disabilities ages birth

through 26 in planning, implementing, and evaluating the

project; and

``(B) where appropriate, determine whether the

project has any potential for replication and adoption

by other entities.

``(2) Additional responsibilities.--The Secretary may

require a recipient of a grant, contract, or cooperative

agreement under subpart 2 or 3 to--

``(A) share in the cost of the project;

``(B) prepare any findings and products from the

project in formats that are useful for specific

audiences, including parents, administrators, teachers,

early intervention personnel, related services

personnel, and individuals with disabilities;

``(C) disseminate such findings and products; and

``(D) collaborate with other such recipients in

carrying out subparagraphs (B) and (C).

``(b) Application Management.--

``(1) Standing panel.--

``(A) In general.--The Secretary shall establish and

use a standing panel of experts who are qualified, by

virtue of their training, expertise, or experience, to

evaluate each application under subpart 2 or 3 that

requests more than $75,000 per year in Federal financial

assistance.

``(B) Membership.--The standing panel shall include,

at a minimum--

``(i) individuals who are representatives of

institutions of higher education that plan,

develop, and carry out high quality programs of

personnel preparation;

``(ii) individuals who design and carry out

scientifically based research targeted to the

improvement of special education programs and

services;

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``(iii) individuals who have recognized

experience and knowledge necessary to integrate

and apply scientifically based research findings

to improve educational and transitional results

for children with disabilities;

``(iv) individuals who administer programs at

the State or local level in which children with

disabilities participate;

``(v) individuals who prepare parents of

children with disabilities to participate in

making decisions about the education of their

children;

``(vi) individuals who establish policies that

affect the delivery of services to children with

disabilities;

``(vii) individuals who are parents of

children with disabilities ages birth through 26

who are benefiting, or have benefited, from

coordinated research, personnel preparation, and

technical assistance; and

``(viii) individuals with disabilities.

``(C) Term.--No individual shall serve on the

standing panel for more than 3 consecutive years.

``(2) Peer-review panels for particular competitions.--

``(A) Composition.--The Secretary shall ensure that

each subpanel selected from the standing panel that

reviews an application under subpart 2 or 3 includes--

``(i) individuals with knowledge and expertise

on the issues addressed by the activities

described in the application; and

``(ii) to the extent practicable, parents of

children with disabilities ages birth through 26,

individuals with disabilities, and persons from

diverse backgrounds.

``(B) Federal employment limitation.--A majority of

the individuals on each subpanel that reviews an

application under subpart 2 or 3 shall be individuals

who are not employees of the Federal Government.

``(3) Use of discretionary funds for administrative

purposes.--

``(A) Expenses and fees of non-federal panel

members.--The Secretary may use funds available under

subpart 2 or 3 to pay the expenses and fees of the panel

members who are not officers or employees of the Federal

Government.

``(B) Administrative support.--The Secretary may use

not more than 1 percent of the funds appropriated to

carry out subpart 2 or 3 to pay non-Federal entities for

administrative support related to management of

applications submitted under subpart 2 or 3,

respectively.

EDGAR §75.217

How the Secretary selects applications for new grants.

(a) The Secretary selects applications for new grants on the basis of the authorizing statute, the selection criteria, and any priorities or other requirements that have been published in the Federal Register and apply to the selection of those applications.

(b)(1) The Secretary may use experts to evaluate the applications submitted under a program.

(2) These experts may include persons who are not employees of the Federal Government.

(c) The Secretary prepares a rank order of the applications based solely on the evaluation of their quality according to the selection criteria.

(d) The Secretary then determines the order in which applications will be selected for grants. The Secretary considers the following in making these determinations:

(1) The information in each application.

(2) The rank ordering of the applications.

(3) Any other information—

(i) Relevant to a criterion, priority, or other requirement that applies to the selection of applications for new grants;

(ii) Concerning the applicant's performance and use of funds under a previous award under any Department program; and

(iii) Concerning the applicant's failure under any Department program to submit a performance report or its submission of a performance report of unacceptable quality.

(Authority: 20 U.S.C. 1221e-3 and 3474)

[52 FR 27804, July 24, 1987, as amended at 62 FR 4167, Jan. 29, 1997]