[Federal Register Volume 79, Number 153 (Friday, August 8, 2014)]
[Notices]
[Pages 46426-46428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18789]
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DEPARTMENT OF EDUCATION
Final Waiver and Extension of the Project Period; Training and
Advisory Services--Equity Assistance Centers Program
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Final waiver and extension of the project period.
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SUMMARY: For the 36-month projects funded in fiscal year (FY) 2011
under the Training and Advisory Services--Equity Assistance Centers
(EACs) program, the Secretary waives the requirements that generally
prohibit project period extensions involving the obligation of
additional Federal funds. The Secretary also extends the project period
of these grants for up to an additional 24 months. This enables the 10
current grantees under the EACs program to continue to receive Federal
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funding annually for project periods through FY 2015 and possibly
through FY 2016. Further, the waiver and extension of the project
period mean that we will not announce a new competition or make new
awards in FY 2014.
DATES: The waiver and extension of the project period are effective
August 8, 2014.
FOR FURTHER INFORMATION CONTACT: Jenelle V. Leonard, U.S. Department of
Education, 400 Maryland Avenue SW., Room 3W203, Washington, DC 20202-
6400. Telephone: (202) 401.0039 or by email: [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION: On April 28, 2014, we published a notice in
the Federal Register (79 FR 23335) proposing an extension of the
project period and waiver of 34 CFR 75.261(a) and (c)(2), which
restricts project period extensions involving the obligation of
additional Federal funds, as it relates to the 10 current EACs program
grantees (April 2014 proposed waiver).
Public Comment
In the April 2014 proposed waiver, the Secretary invited comments
on the proposed waiver and extension of the project period. We received
49 comments in response.
Analysis of Comments and Changes
An analysis of the comments received in response to the April 2014
proposed waiver follows.
Comment: The commenters expressed support for the proposed waiver
and extension of the project period. Specifically, commenters supported
building upon current services, sustaining the work of the grant
program, maintaining continuity of high-quality services, and
leveraging technical assistance resources. Commenters did not want to
see a disruption or decrease in services provided to clients. One
commenter stated that the disruption of services provided by the EACs
would impede progress and prevent clients from receiving the help
needed. Commenters also noted that the Centers are essential, serve as
a valuable resource, and are a worthwhile investment by the Department.
No negative comments were received.
Discussion: We appreciate the commenters' support and note the
importance of the assistance provided by the EACs to school boards and
other governmental agencies responsible for the preparation, adoption,
and implementation of plans for the desegregation of public schools and
the development of effective methods of coping with unique educational
problems occasioned by desegregation. We agree that it is important
that there not be a lapse in the services provided by the Centers.
Change: None.
Background
The EACs program awards grants through cooperative agreements to
eligible entities to operate 10 regional EACs. The EACs provide
technical assistance and training at the request of school boards and
other governmental agencies responsible for the preparation, adoption,
and implementation of plans for the desegregation of public schools and
the development of effective methods of coping with unique educational
problems occasioned by desegregation. In this context,
``desegregation'' or ``equity'' refers to segregation based on race,
sex, or national origin. The EACs (formerly the Desegregation
Assistance Centers) assist States, districts, and public schools in
providing effective instruction to all students and specifically to
those students for whom disparities in achievement persist.
The EACs are authorized by title IV of the Civil Rights Act of 1964
(42 U.S.C. 2000c) and operate under the implementing regulations at 34
CFR parts 270 and 272. These regulations identify, among other
components of the program, the 10 regions to be served by the EACs,
eligible recipients of EAC assistance, the criteria used to make a
grant, how the amount of the grant is determined, and the conditions
that must be met by the grant recipient.
The geographic regions served by the EACs are:
Region I: Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, and Vermont.
Region II: New Jersey, New York, Puerto Rico, and the Virgin
Islands.
Region III: Delaware, District of Columbia, Maryland,
Pennsylvania, Virginia, and West Virginia.
Region IV: Alabama, Florida, Georgia, Kentucky, Mississippi,
North Carolina, South Carolina, and Tennessee.
Region V: Illinois, Indiana, Michigan, Minnesota, Ohio, and
Wisconsin.
Region VI: Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
Region VII: Iowa, Kansas, Missouri, and Nebraska.
Region VIII: Colorado, Montana, North Dakota, South Dakota,
Utah, and Wyoming.
Region IX: Arizona, California, and Nevada.
Region X: Alaska, American Samoa, Guam, Hawaii, Idaho, Northern
Mariana Islands, Oregon, The Federated States of Micronesia, The
Republic of the Marshall Islands, The Republic of Palau, and
Washington.
On March 10, 2011, we published in the Federal Register (76 FR
13137) a notice inviting applications for new awards under the FY 2011
EACs program competition (2011 EAC NIA). In FY 2011, the Department
made new awards to 10 EAC projects. The three-year project period for
these EACs is currently scheduled to end on September 30, 2014.
For those EACs, the Secretary waives the requirements in 34 CFR
75.261(a) and (c)(2), which prohibits the extension of project periods
involving the obligation of additional Federal funds, and extends the
project period for the current EACs for up to 24 months. This will
allow the 10 current EAC grantees to continue to receive Federal
funding through FY 2015 and possibly through FY 2016.
We are waiving the requirements in 34 CFR 75.261(a) and (c)(2) and
extending the project period for the current EAC grantees. Based on the
grantees' performance, public comments, and a 2013 survey of EAC
clients conducted by the Federal Research Division of the Library of
Congress in which 94 percent of the respondents rated the quality of
the EAC products and services they received during the 2012-2013 school
year as ``high'' or ``very high,'' we have concluded that the existing
EACs are providing high-quality services. Therefore, it would not be in
the public interest to incur the disruption in services associated with
holding a new EACs competition in FY 2014. It would be more effective
to maintain continuity of the high-quality services offered by these
grantees to their clients rather than transition to new grantees only
three years after the FY 2011 awards. These services include
disseminating information on successful education practices and legal
requirements related to nondiscrimination on the basis of race, sex,
and national origin in educational programs; training designed to
develop educators' skills in specific areas such as identification of
race and sex bias in instructional materials; technical assistance in
the identification and selection of appropriate educational programs to
meet the needs of limited English proficient students; addressing
disproportionality in schools among students and teachers; and
instructing school officials on how to prevent sexual harassment and
combat biases. In addition, issuing continuation awards, instead of
holding a new competition,
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will allow the current grantees to continue to serve as a resource for
the Department's Office for Civil Rights in working with school
districts that have achieved unitary status (i.e., school district(s)
released from court-ordered desegregation obligations). The grantees
will continue to offer technical assistance to school districts, State
educational agencies, and others who seek to resolve civil rights
conflicts and promote social justice and equity. Further, the current
grantees will continue to provide resources and training in the areas
of hate crimes, racial prejudice, and bullying.
We will fund the extended project period using FY 2014 funds. In
addition, we may also extend the project period for a second year,
using FY 2015 funds that Congress appropriates under the current
statutory authority.
Under this waiver and extension of the project period--
(1) Current grantees will be authorized to receive EAC continuation
awards annually for up to an additional two years.
(2) We will not announce a new EAC competition or make new EAC
grant awards in FY 2014 and possibly in FY 2015.
(3) During the extension period, any activities carried out must be
consistent with, or be a logical extension of the scope, goals, and
objectives of each grantee's approved application from the 2011 EAC
competition.
(4) Each grantee that receives a continuation award must also
continue to comply with the requirements established in the program
regulations and the 2011 EAC NIA.
(5) All requirements applicable to continuation awards for current
EAC grantees and the requirements in 34 CFR 75.253 will apply to any
continuation awards received by current EAC grantees, i.e., each
grantee must demonstrate substantial progress performing its approved
grant activities, as evidenced through program narratives, budgets and
budget narratives, and performance reports.
Regulatory Flexibility Act Certification
The Secretary certifies that the waiver and extension and the
activities required to support additional years of funding will not
have a significant economic impact on a substantial number of small
entities. The entities that will be affected by this proposed waiver
and extension of the project period are the 10 current EAC grantees
receiving Federal funds and any other potential applicants.
The Secretary certifies that the waiver and extension will not have
a significant economic impact on these entities because the waiver and
extension impose minimal compliance costs to extend projects already in
existence, and the activities required to support the additional years
of funding will not impose additional regulatory burdens or require
unnecessary Federal supervision.
Paperwork Reduction Act of 1995
This proposed waiver and extension 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 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
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Program Authority: 42 U.S.C. 2000c-2000c-2, 2000c-5.
Dated: August 5, 2014.
Deborah S. Delisle,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2014-18789 Filed 8-7-14; 8:45 am]
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