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federal register

Tuesday
February 24, 1998

Part V

Department of
Education
34 CFR Part 702
Standards for Conduct and Evaluation of
Activities Carried Out by the Office of
Educational Research and Improvement
(OERI); Evaluation of the Performance of
Recipients of Grants, Cooperative
Agreements, and Contracts; Proposed
Rule

9391
9392 Federal Register / Vol. 63, No. 36 / Tuesday, February 24, 1998 / Proposed Rules

DEPARTMENT OF EDUCATION Invitation to Comment Development, Dissemination, and


Interested persons are invited to Improvement Act of 1994 (the Act). The
34 CFR Part 702 Act restructured OERI and provided it
submit comments and recommendations
RIN 1850–AA54 regarding these proposed regulations. with a broad mandate to conduct an
To ensure that public comments have array of research, development,
Standards for Conduct and Evaluation maximum effect in developing the final dissemination, and improvement
of Activities Carried Out by the Office regulations, the Department urges activities aimed at strengthening the
of Educational Research and education of all students.
commenters to identify clearly the
Improvement (OERI); Evaluation of the specific section or sections of the Statutory Requirements
Performance of Recipients of Grants, proposed regulations that each comment
Cooperative Agreements, and The Act directed the Assistant
addresses and to arrange comments in Secretary to develop, in consultation
Contracts the same order as the proposed with the National Educational Research
AGENCY: Department of Education. regulations. Policy and Priorities Board (the Board),
The Secretary particularly requests such standards as may be necessary to
ACTION: Notice of proposed rulemaking.
comments on the role of Department of govern the conduct and evaluation of all
SUMMARY: The Assistant Secretary Education staff in the implementation of research, development, and
proposes to establish regulations the Standards. For example, should dissemination activities carried out by
pursuant to OERI’s authorizing Department staff serve as reviewers on OERI to ensure that these activities meet
legislation, the Educational Research, peer review panels under these the highest standards of professional
Development, Dissemination, and regulations? See proposed § 702.10(d) of excellence. The Board is responsible for
Improvement Act of 1994. The major these regulations in this regard. Should reviewing and approving the standards.
purpose of these standards is to ensure there be a maximum number or The legislation requires that the
that the research, development, and maximum percentage of Department standards be developed in three phases.
dissemination activities carried out by staff on peer review panels? Should the In the first phase, standards were
the recipients of grants from and participation of Department staff vary by created and promulgated to establish the
contracts and cooperative agreements size of the grant, contract, or cooperative peer review process and evaluation
with OERI meet the highest standards of agreement? What other issues about the criteria to be used for the review of
professional excellence. role of Department staff in the peer applications for grants and cooperative
DATES: Comments must be received by
review process should the Secretary agreements and proposals for contracts.
the Department on or before April 27, consider? The final regulations setting out these
1998. All comments submitted in response standards were published on September
to these proposed regulations will be 14, 1995 (60 FR 47808). In the second
ADDRESSES: All comments concerning
available for public inspection, during phase, standards were created and
these proposed regulations should be and after the comment period, in Room promulgated to establish the criteria to
addressed to Sharon Bobbitt, U.S. 600, 555 New Jersey Avenue, N.W., be used in reviewing potentially
Department of Education, 555 New Washington, D.C., between the hours of exemplary and promising educational
Jersey Avenue, NW., room 508c, 8:30 a.m. and 4:00 p.m., Eastern time, programs. The final regulations setting
Washington, DC 20202–5651. Monday through Friday of each week out these standards were published on
Comments may also be sent through the except Federal holidays. November 17, 1997 (62 FR 61427).
Internet to: comments@ed.gov On request the Department supplies In the third phase, which is the
You must include the term Phase III an appropriate aid, such as a reader or subject of this notice of proposed
in the subject line of your electronic print magnifier, to an individual with a rulemaking (NPRM), the Act requires
message. disability who needs assistance to that OERI develop standards for
Comments that concern information evaluating and assessing the
review the comments or other
collection requirements must be sent to performance of all recipients of grants
documents in the public rulemaking
the Office of Management and Budget at from and cooperative agreements and
docket for these proposed regulations.
the address listed in the Paperwork contracts with OERI. This evaluation
An individual with a disability who
Reduction Act section of this preamble. must take place both during and at the
wants to schedule an appointment for
A copy of those comments may also be conclusion of the performance of the
this type of aid may call (202) 205–8113
sent to the Department representative grant, cooperative agreement, or
or (202) 260–9895. An individual who
named in this section. contract, and must include the use of a
uses a TDD may call the Federal
FOR FURTHER INFORMATION CONTACT: Information Relay Service at 1–800– system of peer review for the final
Sharon Bobbitt. Telephone: (202) 219– 877–8339, between 8 a.m. and 8 p.m., assessment.
l
2126. Internet: Eastern time, Monday through Friday. In developing the standards, the
(Sharon Bobbitt@ed.gov). Individuals To assist the Department in Assistant Secretary was required to
who use a telecommunications device complying with the specific review the procedures utilized by the
for the deaf (TDD) may call the Federal requirements of Executive Order 12866 National Institutes of Health (NIH), the
Information Relay Service (FIRS) at 1– and its overall requirement of reducing National Science Foundation (NSF), and
800–877–8339 between 8 a.m. and 8 regulatory burden, the Secretary invites other Federal departments or agencies
p.m., Eastern time, Monday through comments on whether there may be engaged in research and development
Friday. further opportunities to reduce any and to solicit recommendations from
Individuals with disabilities may regulatory burdens found in these research organizations and members of
obtain this document in an alternate proposed regulations. the general public. OERI has reviewed
format (e.g., Braille, large print, the procedures used to evaluate the
audiotape, or computer diskette) on Background performance of recipients of grants,
request to the contact person listed in On March 31, 1994, President Clinton contracts, or cooperative agreements by
the preceding paragraph. signed Pub. L. 103–227, which includes several offices within NIH and NSF, the
SUPPLEMENTARY INFORMATION: Title IX, the Educational Research, Office of Energy Research in the
Federal Register / Vol. 63, No. 36 / Tuesday, February 24, 1998 / Proposed Rules 9393

Department of Energy, the Food and will be considered, as appropriate, in proposed regulations contain technical
Drug Administration, the National the evaluation of individual recipients. terms or other wording that interferes
Institute of Standards and Technology, with their clarity? (3) Does the format of
Executive Order 12866
the National Aeronautics and Space the proposed regulations (grouping and
Administration, and the University 1. Potential Costs and Benefits order of sections, use of headings,
Research Initiative of the Department of These proposed regulations have been paragraphing, etc.) aid or reduce their
Defense. Recommendations concerning reviewed in accordance with Executive clarity? Would the proposed regulations
these standards have been obtained Order 12866. Under the terms of the be easier to understand if they were
from the American Educational order the Secretary has assessed the divided into more (but shorter) sections?
Research Association, the Council for potential costs and benefits of this (A ‘‘section’’ is preceded by the symbol
Educational Development and Research, regulatory action. ‘‘§ ’’ and a numbered heading; for
and the Organization of Research The potential costs associated with example, § 702.2 What activities must be
Centers. Public comment is invited in the proposed regulations are those evaluated by these standards?) (4) Is the
response to this NPRM. resulting from statutory requirements description of the proposed regulations
and those determined by the Secretary in the ‘‘Supplementary Information’’
Standards as necessary for administering this section of this preamble helpful in
The standards have been developed program effectively and efficiently. understanding the proposed
by the Assistant Secretary in Burdens specifically associated with regulations? How could this description
consultation with the Board. The information collection requirements are be more helpful in making the proposed
standards in this NPRM would: identified and explained elsewhere in regulations easier to understand? (5)
• Require interim and final this preamble under the heading What else could the Department do to
assessments of the performance of Paperwork Reduction Act of 1995. make the proposed regulations easier to
recipients of grants, cooperative In assessing the potential costs and understand?
agreements, and contracts. benefits—both quantitative and A copy of any comments that concern
• Establish procedures for selecting qualitative—of these proposed how the Department could make these
peer review panels to conduct these regulations, the Secretary has proposed regulations easier to
assessments. determined that the benefits of the understand should be sent to Stanley M.
• Establish procedures and criteria proposed regulations justify the costs. Cohen, Regulations Quality Officer, U.S.
The Secretary has also determined Department of Education, 600
that the peer review panels use in
that this regulatory action does not Independence Avenue, SW. (Room
conducting these assessments.
unduly interfere with State, local, and 5121, FB–10), Washington, D.C. 20202–
• Establish specific additional criteria
tribal governments in the exercise of 2241.
that peer review panels use in
their governmental functions.
conducting these assessments for To assist the Department in Regulatory Flexibility Act Certification
National Research and Development complying with the specific The Secretary certifies that these
Centers, Regional Educational requirements of Executive Order 12866, proposed regulations would not have a
Laboratories, Field-Initiated Studies, the Secretary invites comment on significant economic impact on a
and ERIC Clearinghouses. whether there may be further substantial number of small entities.
In an effort to fulfill the law’s opportunities to reduce any potential The small entities that would be
intention of ensuring high-quality costs or increase potential benefits affected by these proposed regulations
research, development, and evaluation, resulting from these proposed are small local educational agencies
OERI has developed standards in which regulations without impeding the (LEAs) and private schools receiving
interim and final assessments may be effective and efficient administration of Federal funds under this program.
supplemented by a self-assessment by the program. However, the regulations would not
the recipient of a grant, cooperative, have a significant economic impact on
agreement, or contract. The Board and Summary of Potential Costs and
the small LEAs and private schools
the Assistant Secretary believe that the Benefits
affected because the proposed
collection and review of evidence on The potential costs of the proposed regulations would not impose excessive
one’s own performance is itself a useful regulations are discussed in this regulatory burdens or require
tool for improvement. preamble under the Paperwork unnecessary Federal supervision. The
These standards cover all grants, Reduction Act of 1995. The benefit of proposed regulations would impose
cooperative agreements, and contracts these standards is to ensure that the minimal requirements to ensure the
administered by OERI, ranging from the research, development, and proper expenditure of program funds.
smallest purchase orders and dissemination activities carried out by
commissioned papers to the largest the recipients of grants from and Paperwork Reduction Act of 1995
research projects and research centers. contracts and cooperative agreements Sections 702.22 and 702.23 contain
The Department will require a single with OERI meet the highest standards of information collection requirements. As
interim assessment by a peer review professional excellence. required by the Paperwork Reduction
panel for total awards of $5,000,000 or Act of 1995 (44 U.S.C. 3504(h)), the
less. At least one interim review by peer 2. Clarity of the Regulations
Department of Education has submitted
review panel will be required for larger Executive Order 12866 requires each a copy of these sections to the Office of
awards. A final assessment by a peer agency to write regulations that are easy Management and Budget (OMB) for its
review panel will be required for all to understand. review.
awards. The Secretary invites comments on Collection of Information: Standards
The Government Performance and how to make these proposed regulations for Evaluation of the Performance of
Results Act requires the establishment easier to understand, including answers Recipients of OERI Grants, Cooperative
of performance indicators for to questions such as the following: (1) Agreements, and Contracts.
Department activities. Information Are the requirements in the proposed These regulations affect the following
collected pursuant to those indicators regulations clearly stated? (2) Do the types of entities eligible to enter into
9394 Federal Register / Vol. 63, No. 36 / Tuesday, February 24, 1998 / Proposed Rules

grants, cooperative agreements, or Electronic Access to This Document Subpart B—Selection of Peer Review
contracts: any public or private agency, Panels
organization or institution, or Anyone may view this document, as 702.10 What are the characteristics of peer
individual. well as all other Department of reviewers?
Education documents published in the 702.11 What constitutes a conflict of
The public reporting burden is
Federal Register, in text or portable interest for grants and cooperative
estimated to range from 8 to 120 hours agreements?
document format (pdf) on the World
for each interim or final assessment. The 702.12 What constitutes a conflict of
Wide Web at either of the following
actual burden will be determined by interest for contracts?
sites:
how much descriptive information each 702.13 How are peer reviewers selected for
recipient wishes to provide. http://gcs.ed.gov/fedreg.htm panels?
Organizations and individuals http://www.ed.gov/news.html Subpart C—The Evaluation Process
desiring to submit comments on the 702.21 How does a peer review panel
information collection requirements To use the pdf you must have the
Adobe Acrobat Reader Program with evaluate the performance of a recipient?
should direct them to the Office of 702.22 What information does a peer
Information and Regulatory Affairs, Search, which is available free at either review panel consider for an interim
OMB, room 10235, New Executive of the previous sites. If you have assessment?
Office Building, Washington, DC 20503; questions about using the pdf, call the 702.23 What information does a peer
Attention: Desk Officer for U.S. U.S. Government Printing Office toll review panel consider for a final
Department of Education. free at 1–888–293–6498. assessment?
Anyone may also view these 702.24 What evaluation criteria are used for
The Department considers comments performance assessments?
by the public on this proposed documents in text copy only on an
electronic bulletin board of the Authority: 20 U.S.C. 6011(i), unless
collection of information in— otherwise noted.
Department. Telephone: (202) 219–1511
• Evaluating whether the proposed or, toll free, 1–800–222–4922. The
collection of information is necessary Subpart A—General
documents are located under Option
for the proper performance of the G— Files/Announcements, Bulletins § 702.1 What is the purpose of these
functions of the Department, including and Press Releases. standards?
whether the information will have
practical use; Note: The official version of this document (a) The standards in this part
is the document published in the Federal implement section 912(i) of the
• Evaluating the accuracy of the Register. Educational Research, Development,
Department’s estimate of the burden of Dissemination, and Improvement Act of
the proposed collection of information, List of Subjects in 34 CFR Part 702 1994 (the Act).
including the validity of the
methodology and assumptions used; Education, Educational research, (b) These standards are intended to
Reporting and recordkeeping ensure that the research, development,
• Enhancing the quality, usefulness, and dissemination activities carried out
requirements.
and clarity of the information to be by the recipients of grants from and
collected; and Dated: December 23, 1997.
contracts and cooperative agreements
• Minimizing the burden of the Ricky Takai, with the Office of Educational Research
collection of information on those who Acting Assistant Secretary for Educational and Improvement (OERI) meet the
are to respond, including through the Research and Improvement. highest standards of professional
use of appropriate automated, (Catalog of Federal Domestic Assistance excellence.
electronic, mechanical, or other Number does not apply) (Authority: 20 U.S.C. 6011(i)(2)(F))
technological collection techniques or The Secretary proposes to amend Chapter
other forms of information technology; VII of Title 34 of the Code of Federal § 702.2 What activities must be evaluated
e.g., permitting electronic submission of Regulations by adding a new part 702 to read by these standards?
responses. as follows: These standards apply to activities
OMB is required to make a decision carried out by OERI using funds
concerning the collection of information PART 702—STANDARDS FOR appropriated under section 912(m) of
contained in these proposed regulations CONDUCT AND EVALUATION OF the Act including activities carried out
between 30 and 60 days after ACTIVITIES CARRIED OUT BY THE by the following entities or programs:
publication of this document in the OFFICE OF EDUCATIONAL
(a) The National Education Research
Federal Register. Therefore, a comment RESEARCH AND IMPROVEMENT
Institutes.
to OMB is best assured of having its full (OERI)—EVALUATION OF THE
effect if OMB receives it within 30 days PERFORMANCE OF RECIPIENTS OF (b) The Office of Reform Assistance
of publication. This does not affect the GRANTS, COOPERATIVE and Dissemination.
deadline for the public to comment to AGREEMENTS, AND CONTRACTS (c) The Educational Resources
the Department on the proposed Information Center.
Subpart A—General
regulations. (d) The Regional Educational
Sec. Laboratories.
Assessment of Educational Impact 702.1 What is the purpose of these
standards? (e) The Teacher Research
The Secretary particularly requests 702.2 What activities must be evaluated by Dissemination Demonstration Program.
comments on whether the proposed these standards? (f) The Goals 2000 Community
regulations in this document would 702.3 What additional activities may be Partnerships Program.
require transmission of information that evaluated by these standards?
is being gathered by or is available from 702.4 When is performance assessed under
(g) The National Educational Research
any other agency or authority of the these standards? Policy and Priorities Board.
United States. 702.5 What definitions apply? (Authority: 20 U.S.C. 6011(i)(1))
Federal Register / Vol. 63, No. 36 / Tuesday, February 24, 1998 / Proposed Rules 9395

§ 702.3 What additional activities may be a recipient. This experience may performance of all Regional Educational
evaluated by these standards? include— Laboratories. Each recipient is evaluated
(a) The Secretary may apply these (1) Expert knowledge of subject matter individually by reviewers who have
standards to other activities funded by in the area of the activities to be been assigned to this type of panel.
the Department. reviewed; (Authority: 20 U.S.C. 6011(I)(2)(B))
(Authority: 20 U.S.C. 6011(I)(1)) (2) Expert knowledge of theory or
methods or both in the area of the Subpart C—The Evaluation Process
§ 702.4 When is performance assessed activities to be reviewed;
under these standards? (3) Practical experience in the area of § 702.21 How does a peer review panel
(a) The Secretary will assess the the activities or type of institution or evaluate the performance of a recipient?
performance of recipients of OERI both to be reviewed; (a) In each evaluation, a peer review
grants, contracts, and cooperative (4) Knowledge of a broad range of panel—
agreements subject to these standards education policies and practices; (1) Considers relevant information
during and at the conclusion of their (5) Experience in managing complex about the recipient’s performance, as
period of performance. organizations; or described in §§ 702.22 and 702.23; and
(b) The Department requires a single (6) Expertise and experience in (2) Makes judgments about the
interim assessment by a peer review evaluation theory and practice. recipient’s performance, using the
panel for total awards of $5,000,000 or (b) Each peer reviewer must be free of criteria in § 702.24.
less. At least one interim review by peer conflict of interest, as determined in (b) Each peer reviewer prepares a
review panel is required for larger accordance with § 702.11 or 702.12. report based on the reviewer’s
awards. (c) The Assistant Secretary may solicit assessment of the quality of the project
(c) A final assessment by a peer nominations for peer reviewers from according to the evaluation criteria.
review panel is required for all awards. professional associations, nationally (c) After each peer reviewer has
(d) As used in this part— recognized experts, and other sources. evaluated each project independently,
(1) Interim assessment is one (d) OERI and other Department staff the panel may be convened to discuss
conducted during a recipient’s period of who possess the qualifications in the strengths and weaknesses of the
performance. paragraphs (a) and (b) of this section project. Each reviewer may then
(2) Final assessment is one conducted may serve as peer reviewers. independently re-evaluate each project
at the conclusion of a recipient’s period (Authority: 20 U.S.C. 6011(I)(2)(B)) with appropriate changes made to the
of performance. written report.
§ 702.11 What constitutes a conflict of (d) The report of the interim
(Authority: 20 U.S.C. 6011(I)(2)(F)) interest for grants and cooperative
assessment must include any
agreements?
§ 702.5 What definitions apply? recommendations the peer reviewer
(a) Definitions in the Educational A peer reviewer assessing the may have for improving the recipient’s
Research, Development, Dissemination, performance of the recipient of a grant performance.
and Improvement Act of 1994. from or cooperative agreement with (e) The report of the final assessment
The following terms used in this part OERI is considered an employee of the must contain each peer reviewer’s
are defined in 20 U.S.C. 6011(1): Department for the purposes of conflict evaluative summary of the recipient’s
of interest analysis. As an employee of performance, from the beginning of the
Development the Department, the peer reviewer is
Dissemination contract, grant, or cooperative
subject to the provisions of 18 U.S.C. agreement to its conclusion.
Educational research
208, 5 CFR 2635.502, and the (Authority: 20 U.S.C. 6011(I)(2)(F))
(b) Definitions in the Education Department’s policies used to
Department General Administrative implement those provisions. § 702.22 What information does a peer
Regulations. The following terms used review panel consider for an interim
(Authority: 20 U.S.C. 6011(I)(2)(B)) assessment?
in this part are defined in 34 CFR 77.1:
Application § 702.12 What constitutes a conflict of (a) Sources of information for the
Award interest for contracts? interim assessment must include—
Department A peer reviewer assessing the (1) The original request for proposals
Grant performance of the recipient of a or grant announcement and the contract
Project contract with OERI is considered an proposal or grant application;
Secretary employee of the Department in (2) Documentation of any changes in
(c) Definitions in the Federal accordance with the Federal Acquisition the work described in the contract,
Acquisition Regulation. The following Regulation (FAR), 48 CFR 3.104–4(h)(2). grant, or cooperative agreement,
term used in this part is defined in 48 As an employee of the Department, the including reasons for the changes;
CFR Chapter 1: peer reviewer is subject to the (3) Any progress reports delivered to
Contract Proposal provisions of the FAR, 48 CFR Part 3, the Department or made available to the
Improper Business Practices and public by the recipient;
(Authority: 20 U.S.C. 6011(I)(2)(F))
Personal Conflict of Interest. (4) Examples of products delivered to
Subpart B—Selection of Peer Review (Authority: 41 U.S.C. 423)
the Department or made available to the
Panels public by the recipient;
§ 702.13 How are peer reviewers selected (5) Any relevant reports written by
§ 702.10 What are the characteristics of for panels? OERI staff, including reports of site
peer reviewers? (a) The Assistant Secretary assigns visits by OERI staff;
(a) The Assistant Secretary selects peer reviewers to panels that conduct (6) Any performance evaluations
each peer reviewer. Each peer reviewer the performance assessments. conducted under the FAR or the
must have the necessary knowledge and (b) The Assistant Secretary may Education Department General
expertise in the area of the project being establish panels by category of recipient, Administrative Regulations (34 CFR part
reviewed to evaluate the performance of such as a panel to review the 75).
9396 Federal Register / Vol. 63, No. 36 / Tuesday, February 24, 1998 / Proposed Rules

(7) Any relevant information provided degree to which the recipient has fully (ii) In examining outcomes and
by the recipient in response to executed its program of work. In doing impact, peer reviewers may also
Government Performance and Results so, peer reviewers shall consider consider the extent to which recipients
Act (GPRA) (Pub. L. 103–62) evidence on the extent to which the address issues of national significance
requirements; and recipient completes the work described through its products or services or both.
(8) Any reports from program in the approved application or contract, (c) For National Research and
evaluations commissioned by the including any approved modifications, Development Centers, peer reviewers
Department. in the time period proposed and in an also shall consider evidence on the
(b) Sources of information for the efficient manner. extent to which recipients meet the
interim assessment may also include— (ii) In examining the degree of following criteria:
(1) A self-assessment, prepared by the implementation, peer reviewers may (1) Quality. (i) The recipient uses a
recipient, addressing the criteria in also consider evidence on the extent to well-conceptualized framework and
§ 702.24; which— sound theoretical and methodological
(2) One or more site visits by the peer (A) The recipient implements and tools in conducting professionally
review panel; utilizes a quality assurance system for rigorous studies; and
(3) One or more oral or written its products or services or both; and (ii) The recipient conducts work of
presentations to the panel by the (B) The recipient conducts self- sufficient size, scope, and duration to
recipient describing its performance; or assessment or self-evaluation activities, produce sound guidance for
(4) Other information about the including periodically seeking out improvement efforts and future
recipient’s performance. independent critiques and evaluations research.
(Authority: 20 U.S.C. 6011(I)(2)(F)) of its work, and uses the results to (2) Utility. The recipient documents,
improve performance. reports, and disseminates its work in
§ 702.23 What information does a peer
review panel consider for a final
(2) Quality. (i) Peer reviewers shall ways to facilitate the effective use of its
assessment? consider the degree to which the work in appropriately targeted settings.
recipient’s work approaches or attains (3) Outcomes and impact. (i) The
(a) Sources of information for the final
assessment must include— professional excellence. In determining recipient’s work contributes to the
(1) The original request for proposals quality, peer reviewers shall consider development and advancement of
or application notice and the contract evidence on the extent to which— theory in the field of study, including its
proposal or grant application, together (A) The recipient utilizes processes, priority area; and
with documentation of any changes in methods, and techniques appropriate to (ii) The recipient addresses issues of
the work described in the proposal or achieve the goals and objectives for the national significance through its
application, including reasons for the program of work in the approved products or services or both.
changes; application; and (d) For the Regional Educational
(2) If consistent with the recipient’s (B) The recipient applies appropriate Laboratories, peer reviewers also shall
contract, grant, or cooperative processes, methods, and techniques in a consider evidence on the extent to
agreement with OERI, a written report manner consistent with the highest which recipients meet the following
or oral presentation or both by the standards of the profession. criteria:
recipient summarizing its activities and (ii) In determining quality, peer (1) Quality. (i) The recipient utilizes a
accomplishments; reviewers may also consider the extent well-conceptualized framework and
(3) Any relevant information provided to which the recipient conducts a sound theoretical and methodological
by the recipient in response to coherent, sustained program of work tools in conducting professionally
Government Performance and Results informed by relevant research. rigorous studies;
Act (GPRA) (Pub. L. 103–62) (3) Utility. (i) In determining the (ii) The recipient conducts work of
requirements; and utility of the recipient’s products or sufficient size, scope, and duration to
(4) Any reports from program services or both, peer reviewers shall produce sound guidance for
evaluations commissioned by the consider evidence on the extent to improvement efforts; and
Department. which the recipient’s work (including (iii) The recipient’s products are well-
(b) The final assessment may also information, materials, processes, tested and based on sound research.
include other sources of information, techniques, or activities) is effectively (2) Utility. The recipient documents,
such as one or more of those listed in used by and is useful to its customers reports, and disseminates its work in
§ 702.22. in appropriate settings. ways to facilitate its effective use in
(ii) In determining utility, peer appropriately targeted settings,
(Authority: 20 U.S.C. 6011(I)(2)(F))
reviewers may also consider the extent particularly in school improvement
§ 702.24 What evaluation criteria must be to which the recipient has received efforts of States and localities.
used for performance assessments? national recognition; e.g., articles in (3) Outcomes and impact. (i) The
(a) Peer reviewers (and those refereed journals and presentations at recipient assists States and localities to
recipients who conduct self-evaluations) professional conferences. implement comprehensive school
shall use the criteria in paragraph (b) of (4) Outcomes and impact. (i) Peer improvement strategies through the
this section to assess performance and, reviewers shall consider the results of provision of research-based information
in case of interim assessments, to the recipient’s work. In examining (including well-tested models and
identify areas in which the performance outcomes and impact, peer reviewers strategies), materials and assistance; and
of recipients may need improvement. shall consider evidence on the extent to (ii) The recipient’s work results in
(b) The following evaluation criteria which— widespread access to information
are to guide the assessment process (A) The recipient meets the needs of regarding research and best practices,
undertaken by peer reviewers. The peer its customers; and particularly within its region.
reviewers determine the extent to which (B) The recipient’s work contributes (e) For Field-Initiated Studies, peer
recipients meet these criteria: to the increased knowledge or reviewers also shall consider evidence
(1) Implementation and management. understanding of educational problems, on the extent to which recipients meet
(i) Peer reviewers shall consider the issues, or effective strategies. the following criteria:
Federal Register / Vol. 63, No. 36 / Tuesday, February 24, 1998 / Proposed Rules 9397

(1) Implementation and management. theory and knowledge in the field of that reflects trends and issues within its
The recipient’s work responds to the study; and scope.
goals, objectives and mission of the (ii) The recipient addresses issues of (3) Outcomes and impact. (i) The
National Institute from which it is national significance through its recipient meets the informational and
funded. products or services or both.
educational needs of its customers
(2) Quality. The recipient utilizes a (f) For the ERIC Clearinghouses, peer
through dissemination and outreach
well-conceptualized framework and reviewers also shall consider evidence
on the extent to which recipients meet approaches and the development of an
sound theoretical and methodological array of print and non-print materials;
tools in conducting professionally the following criteria:
(1) Quality. The recipient applies an and
rigorous studies.
integrated approach to acquiring and (ii) The recipient provides national
(3) Utility. The recipient documents, disseminating significant and high- leadership on the use of current
reports, and disseminates its work in quality educational literature and computer, networking, and information
ways to facilitate its effective use in materials to maintain and enhance the technology.
appropriately targeted settings. ERIC database. (Authority: 20 U.S.C. 6011(I)(2)(F))
(4) Outcomes and impact. (i) The (2) Utility. The recipient contributes
recipient’s work contributes to the to the development of the ERIC database [FR Doc. 98–4690 Filed 2–23–98; 8:45 am]
development and advancement of as a source of literature and materials BILLING CODE 4000–01–P

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