FR Doc 2010-22880
[Federal Register: September 14, 2010 (Volume 75, Number 177)]
[Notices]
[Page 55784-55785]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14se10-57]
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DEPARTMENT OF EDUCATION
Final Extension of Project Period and Waiver for the State and
Federal Policy Forum
AGENCY: Office of Special Education Programs, Office of Special
Education and Rehabilitative Services, Department of Education.
ACTION: Notice of final extension of project period and waiver for the
State and Federal Policy Forum for Program Improvement Center (CFDA No.
84.326F).
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SUMMARY: The Secretary issues this notice to waive the requirements in
the Education Department General Administrative Regulations, in 34 CFR
75.250 and 75.261(a) and (c), respectively, that generally prohibit
project periods exceeding five years and extensions of project periods
involving the obligation of additional Federal funds. The extension of
project period and waiver enable the currently funded State and Federal
Policy Forum for Program Improvement Center to receive funding from
October 1, 2010 through September 30, 2011.
DATES: The extension of project period and waiver are effective
September 14, 2010.
FOR FURTHER INFORMATION CONTACT: David Egnor, U.S. Department of
Education, 550 12th St., SW., Room 4054, Potomac Center Plaza,
Washington, DC 20202-2641. Telephone: (202) 245-7334.
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service (FRS), toll-free, at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: The Department published a notice in the
Federal Register (75 FR 44231) on July 28, 2010, proposing an extension
of project period and a waiver in order to--
(1) Enable the Secretary to provide additional funds to the
currently funded State and Federal Policy Forum for Program Improvement
Center for an additional 12-month period, from October 1, 2010 through
September 30, 2011; and
(2) Request comments on the proposed extension of project period
and waiver.
There are no substantive differences between the notice of proposed
extension of project period and waiver and this notice of final
extension of project period and waiver.
Public Comment
We invited comments on the proposed extension of project period and
waiver in the notice of proposed extension of project period and
waiver. Seven parties submitted comments in agreement with the proposal
to extend the grant period of the current grantee. We did not receive
any comments opposing the proposed extension of project period and
waiver. Generally, we do not address technical and other minor changes,
as well as suggested changes the law does not authorize us to make.
Moreover, we do not address comments that do not express views on the
substance of the notice of proposed extension of project period and
waiver.
Waiver of Delayed Effective Date
The Administrative Procedure Act requires that a substantive rule
must be published at least 30 days before its effective date, except as
otherwise provided for good cause (5 U.S.C. 553(d)(3)). No comments
were received during the 15-day public comment period opposing the
notice of proposed extension of project period and waiver, and we have
not made any substantive changes to the extension and waiver. The
Secretary has determined therefore that, to ensure a timely
continuation grant to the entity affected, a delayed effective date is
not required.
Background
On March 3, 2005, the Department published a notice in the Federal
Register (70 FR 10374), inviting applications for new awards for fiscal
year (FY) 2005 under the Technical Assistance and Dissemination to
Improve Services and Results for Children with Disabilities (TA&D)
program, authorized under section 663 of the Individuals with
Disabilities Education Act (IDEA), to support a State and Federal
Policy Forum for Program Improvement Center (Project Forum). Based on
that notice, the Department made one award for a period of 60 months to
the National Association of State Directors of Special Education to
carry out Project Forum.
The purpose of Project Forum is to provide States, local
educational agencies (LEAs), and Federal decision makers responsible
for the implementation of the IDEA with access to valid statistics,
research findings, policy analyses, and current information on trends
in the provision of special education and related services and early
intervention services. Specifically, Project Forum assists States and
LEAs with the process of planning systemic changes that will promote
improved early intervention, education, and transitional results for
children with disabilities. Project Forum also provides the Office of
Special Education Programs (OSEP) with a mechanism and resources for
analyzing policies and emerging issues that are of significant national
concern.
Project Forum's current project period is scheduled to end on
September 30, 2010. We do not believe it would be in the public
interest to hold new competitions under the TA&D program until the
Department has considered changes being made to the Elementary and
Secondary Education Act of 1965, as amended (ESEA), during the process
of reauthorizing that law and the Department has developed a
coordinated strategy for the provision of technical assistance that is
designed to help States, LEAs, and schools effectively implement key
provisions of the ESEA and IDEA and improve educational results for all
students. We also have concluded that it would be contrary to the
public interest to have a lapse in the provision of technical
assistance provided under the TA&D program pending the reauthorization
of ESEA. For these reasons, the Secretary waives the requirements in 34
CFR 75.250, which prohibit project periods exceeding five years, and
the requirements in 34 CFR 75.261(a) and (c), which limit the extension
of a project period if the extension involves the obligation of
additional Federal funds, and issues a continuation award in the amount
of $450,000 to the National Association of State Directors of Special
Education (H326F050001) for an additional twelve-month period.
Waiving these regulations and issuing this continuation award
ensure that continued technical assistance is available to assist
Federal decision makers, States, and LEAs with systemic changes that
will promote improved early intervention, education, and transitional
results for children with disabilities, as the Department works on
reauthorization of the ESEA and designs IDEA technical assistance
competitions
[[Page 55785]]
that are coordinated and aligned with the Department's technical
assistance priorities.
During the next fiscal year, Project Forum will conduct the
following activities:
(a) Identify, through contact with experts, research reviews,
regular communication with State and local policy officials, and other
types of needs assessments, the information that programs need to
improve, both at the national, State, and local levels;
(b) Collect, organize, synthesize, interpret, and integrate
information needed for program improvement using a variety of methods
and formats such as surveys, interviews, brief case examinations, and
meetings among special education administrators, outside experts,
representatives of students with disabilities and their families, and
others;
(c) Analyze emerging policy or program issues regarding the
administration of special education, early intervention, and related
services at the Federal, State, and local levels, and review, plan, and
provide leadership in recommending multi-level actions that respond to
emerging issues;
(d) Communicate, collaborate, and form partnerships as appropriate
and as directed by OSEP, with technical assistance providers at the
national and regional levels, including those that are part of the
OSEP-supported special education technical assistance and dissemination
network;
(e) Communicate regularly with OSEP to provide and receive
information that may assist OSEP in improving its efficiency and
effectiveness in administering IDEA;
(f) As a result of the activities associated with paragraphs (a)
through (e), at a minimum--
(1) Complete three in-depth policy analyses;
(2) Prepare ten policy syntheses; and
(3) Convene one policy forum and write a proceedings document;
(g) Disseminate documents noted under paragraph (f) to a wide
audience, including State and local directors of special education; and
(h) Maintain the project Web site.
Regulatory Flexibility Act Certification
The Secretary certifies that the extension of project period and
waiver do not have a significant economic impact on a substantial
number of small entities. The only entity affected is Project Forum.
Paperwork Reduction Act of 1995
The extension of project period and waiver do not contain any
information collection requirements.
Intergovernmental Review
This program is subject to the requirements of Executive Order
12372 and the regulations in 34 CFR part 79. One of the objectives of
the Executive order is to foster an intergovernmental partnership and a
strengthened federalism. The Executive order relies on processes
developed by State and local governments for coordination and review of
proposed Federal financial assistance. This document provides early
notification of our specific plans and actions for this program.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or computer diskette) on request to the contact person
listed under FOR FURTHER INFORMATION CONTACT.
Electronic Access to This Document
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) on the Internet at the following site:
http://www.ed.gov/news/fedregister. To use PDF you must have Adobe
Acrobat Reader, which is available free at this site.
Note: 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 on GPO Access at:
http://www.gpoaccess.gov/nara/index.html.
Dated: September 7, 2010.
Alexa Posny,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2010-22880 Filed 9-13-10; 8:45 am]
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