[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Rules and Regulations]
[Pages 33228-33230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13070]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
Final Waiver and Extension of the Project Period for the National
Dropout Prevention Center for Students With Disabilities
[Catalog of Federal Domestic Assistance (CFDA) Number: 84.326W.]
AGENCY: Office of Special Education Programs, Office of Special
Education and Rehabilitative Services, Department of Education.
ACTION: Final waiver and extension of the project period.
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SUMMARY: The Secretary waives the requirements in the Education
Department General Administrative Regulations that generally prohibit
project periods exceeding five years and extensions of project periods
involving the obligation of additional Federal funds. This waiver and
extension of the project period enables the currently funded National
Dropout Prevention Center for Students with Disabilities (Center) to
receive funding from October 1, 2013, through September 30, 2014.
DATES: The waiver and extension of the project period are effective
June 4, 2013.
FOR FURTHER INFORMATION CONTACT: Selete Avoke, U.S. Department of
Education, 400 Maryland Avenue SW., room 4158, Potomac Center Plaza,
Washington, DC 20202-2600. Telephone: (202) 245-7260.
If you use a telecommunications device for the deaf or a text
telephone, call the Federal Relay Service, toll free, at 1-800-877-
8339.
SUPPLEMENTARY INFORMATION:
On February 20, 2013, we published a notice in the Federal Register
(78 FR 11803) proposing an extension of project period and a waiver of
34 CFR 75.250 and 75.261(a) and (c)(2) in order to--
(1) Enable the Secretary to provide additional funds to the
currently funded Center for an additional 12-month period, from October
1, 2013, through September 30, 2014; and
(2) Request comments on the proposed extension of project period
and waiver.
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There are no substantive differences between the proposed waiver
and extension and this final waiver and extension.
Public Comment
In response to our invitation in the notice of proposed waiver and
extension of the project period, we did not receive any substantive
comments. Generally, we do not address comments that raise concerns not
directly related to the proposed waiver and extension of project
period.
Background
On June 23, 2008, the Department published a notice in the Federal
Register (73 FR 35376) inviting applications for new awards for fiscal
year (FY) 2008 for a National Dropout Prevention Center for Students
with Disabilities. The Center was funded 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). Its purpose is to
provide States and local educational agencies (LEAs) with technical
assistance (TA) on (1) Implementing and evaluating effective
comprehensive dropout prevention, reentry, and school completion models
and practices for students with disabilities; (2) developing and
improving data collection systems to track students at risk of dropping
out; and (3) designing training for policymakers, administrators, and
practitioners that will help them support efforts to improve dropout
prevention, reentry, and school completion for students with
disabilities.
Based on the selection criteria published in the 2008 notice
inviting applications, the Department made one award for a period of 60
months to Clemson University to establish the Center, which is
currently known as the National Dropout Prevention Center for Students
with Disabilities. The Center has the following four interrelated goals
that reflect its overarching purpose:
Goal 1: Increase the awareness of policymakers,
administrators, and practitioners about dropout prevention, reentry,
and school completion.
Goal 2: Increase the number of States that set and meet
reasonable and rigorous performance targets for State Performance Plan
Indicators 1 \1\ and 2.\2\
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\1\ Indicator 1: Percent of youth with individualized education
programs (IEPs) graduating from high school with a regular diploma
(20 U.S.C. 1416 (a)(3)(A)).
\2\ Indicator 2: Percent of youth with IEPs dropping out of high
school (20 U.S.C. 1416 (a)(3)(A)).
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Goal 3: Help State educational agencies (SEAs) and LEAs
develop and improve data systems to track students at risk of dropping
out.
Goal 4: Help SEAs and LEAs implement and evaluate
effective comprehensive school-completion models, practices, and
systems for students with disabilities.
The Center works to accomplish these goals through a combination of
the following: (1) Knowledge development activities to synthesize what
is currently known about dropout prevention for students with
disabilities and to develop a series of high-quality products that can
be used by States in designing and developing effective dropout
prevention programs; (2) TA to SEAs, LEAs, and organizations to
increase their capacity to design and implement effective dropout
prevention, reentry, and school completion models and practices; (3)
collaboration with a variety of organizations that provide direct
program services and TA to education agencies that provide educational
programs and services to students with disabilities in order to prepare
and disseminate information and materials that will increase the
awareness and use of research-validated practices by a variety of
audiences; and (4) dissemination of knowledge and information about
effective dropout prevention programs, policies, and resources to SEAs
and LEAs.
The Center's current project period is scheduled to end on
September 30, 2013. We do not believe that it would be in the public
interest to run a competition for a new Center this year because the
Department is planning to change the organization of its TA activities
to better meet the needs of States and LEAs for TA relating to
transition to college and the workforce, including dropout prevention,
for students with disabilities. We also have concluded that it would be
contrary to the public interest to have a lapse in the provision of TA
services currently provided by the Center pending the changes to the
organization of the Department's TA activities. For these reasons, the
Secretary waives the requirements in 34 CFR 75.250, which prohibit
project periods exceeding five years, and waives the requirements in 34
CFR 75.261(a) and (c)(2), which limit the extension of a project period
if the extension involves the obligation of additional Federal funds.
The waiver allows the Department to issue a continuation award in the
amount of $665,000 to Clemson University (H326W080003) for an
additional 12-month period, which should ensure that the Center's TA,
training, and dissemination of information to families, SEAs, LEAs, and
other State agencies will not be interrupted.
Any activities to be carried out during the year of the
continuation award must be consistent with, or be a logical extension
of, the scope, goals, and objectives of the grantee's application as
approved in the 2008 National Dropout Prevention Center for Students
with Disabilities competition.
The requirements applicable to continuation awards for this
competition, set forth in the June 23, 2008, notice inviting
applications, and the requirements in 34 CFR 75.253 apply to any
continuation awards sought by the current National Dropout Prevention
Center for Students with Disabilities grantee. We base our decisions
regarding a continuation award on the program narrative, budget, budget
narrative, and program performance report submitted by the current
grantee, and the requirements in 34 CFR 75.253.
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)). We received no
substantive comments on the proposed waiver and extension of project
period, and we have not made any substantive changes to the proposed
waiver and extension of project period. The Secretary has made a
determination to waive the delayed effective date to ensure provision
of TA services currently provided by the Center pending the changes to
the organization of the Department's TA activities.
Regulatory Flexibility Act Certification
The Secretary certifies that this waiver and extension of the
project period would not have a significant economic impact on a
substantial number of small entities.
The only entity that would be affected by this waiver and extension
of the project period is the current grantee.
The Secretary certifies that this waiver and final extension would
not have a significant economic impact on this entity because the
extension of an existing project imposes minimal compliance costs, and
the activities
[[Page 33230]]
required to support the additional year of funding would not impose
additional regulatory burdens or require unnecessary Federal
supervision.
Paperwork Reduction Act of 1995
This notice of final waiver and extension of the project period
does not contain any information collection requirements.
Intergovernmental Review
This program is subject to 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 compact disc) on request to the contact person listed
under FOR FURTHER INFORMATION CONTACT.
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: May 29, 2013.
Michael Yudin,
Delegated the authority to perform the functions and duties of the
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2013-13070 Filed 6-3-13; 8:45 am]
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