[Federal Register Volume 75, Number 108 (Monday, June 7, 2010)]
[Notices]
[Pages 32169-32171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13571]
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DEPARTMENT OF EDUCATION
Comprehensive Centers Program
AGENCY: Office of Elementary and Secondary Education.
ACTION: Notice of waivers for the Comprehensive Centers program and
funding of continuation grants.
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SUMMARY: The Secretary waives the requirements in 34 CFR 75.250 and
75.261(c)(2) of the Education Department General Administrative
Regulations (EDGAR) that, respectively, generally prohibit project
periods exceeding five years and project period extensions involving
the obligation of additional Federal funds. The waivers enable the 21
current grantees under the Comprehensive Centers program to continue to
receive Federal funding beyond the five-year limitation in 34 CFR
75.250.
DATES: These waivers are effective June 7, 2010.
FOR FURTHER INFORMATION CONTACT: Frances Walter, U.S. Department of
Education, 400 Maryland Avenue, SW., room 3W113, Washington, DC 20202-
5970. Telephone: (202) 205-9198 or by e-mail: [email protected].
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:
Background
Under the Comprehensive Centers program, the Department supports
grants to operate regional technical assistance centers and national
content centers as authorized by sections 203 through 207 of the
Educational Technical Assistance Act of 2002 (ETAA) (20 U.S.C. 9602-
9606). The purpose of these centers is to provide technical assistance
primarily to States as States work to help local educational agencies
(LEAs) and schools to close achievement gaps in core content areas and
raise student achievement in schools, and especially to help LEAs and
schools to implement the school improvement provisions under section
1116 of the Elementary and Secondary Education Act of 1965, as amended
(ESEA) in schools in need of improvement, as defined by section 1116(b)
of the ESEA.
Eligible applicants for Comprehensive Centers grants are research
organizations, institutions, agencies, institutions of higher
education, partnerships among such entities, or individuals, with
demonstrated ability or capacity to carry out the activities described
in the notice inviting applications published in the Federal Register
on June 3, 2005 (70 FR 53283) and corrected in the Federal Register on
June 20, 2005 (70 FR 35415).
On March 18, 2010, we published a notice in the Federal Register
(75 FR 13110) proposing waivers of 34 CFR 75.250 and 34 CFR
75.261(c)(2) of EDGAR in order to give early notice of
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the possibility that additional years of funding under the
Comprehensive Centers program may be available for current grantees
through continuation awards. As outlined in that notice, it would not
be in the public interest to hold new competitions under the
Comprehensive Centers program because of the pending reauthorization of
the ESEA and the ETAA, and the fact that the primary work of the
Comprehensive Centers is to help States, LEAs, and schools implement
key school improvement provisions of the ESEA. In addition, it would be
contrary to the public interest to have a lapse in Comprehensive Center
services pending these reauthorizations. The comments we received in
response to the notice of proposed waivers were supportive of the
Comprehensive Centers program and the proposed waivers.
For these reasons, the Secretary waives the requirement in 34 CFR
75.250, which prohibits project periods exceeding five years, and the
requirement in 34 CFR 75.261(c)(2), which limits the extension of a
project period if the extension involves the obligation of additional
Federal funds. With these waivers: (1) Current Comprehensive Centers
grantees will receive FY 2010 funds and continue to operate through FY
2011 and possibly beyond, and (2) we will not announce a new
competition or make new awards under the Comprehensive Centers program
in FY 2010.
Analysis of Comments and Changes
In response to the Secretary's invitation in the March 18, 2010,
notice of proposed waivers, two parties submitted comments regarding
the proposed waivers. An analysis of the comments follows.
Comment: One commenter identified specific support that a regional
center and content center have provided in helping a State educational
agency (SEA) to assist LEAs and schools in closing achievement gaps and
raising student achievement, especially in those LEAs and schools in
need of improvement and stated that the waivers would ensure that these
important services can be continued without interruption.
Discussion: We note the importance of the support of the
Comprehensive Centers program for school improvement initiatives and
agree that it would be contrary to the public interest to have a lapse
in these services.
Changes: None.
Comment: One commenter noted the important financial and
programmatic contributions made by the Office of Special Education
Programs within the Department's Office of Special Education and
Rehabilitative Services (OSERS) to the Comprehensive Centers. The
commenter credited these contributions with creating more effective
communication between the Office of Elementary and Secondary Education
(OESE) and OSERS, reducing needless duplication of initiatives, and
increasing integration of content expertise. Finally, the commenter
urged the Department to continue promoting this shared oversight by
involving OSERS leadership in deliberations about the future of the
Comprehensive Centers program.
Discussion: We appreciate the commenter's identification of the
valuable contribution of OSERS leadership in supporting the
Comprehensive Centers program, both financially and programmatically.
OESE anticipates continuing this positive relationship by involving
OSERS in discussions about the future of the program.
Changes: None.
These waivers of 34 CFR 75.250 and 75.261(c)(2) do not affect the
applicability of the requirements in 34 CFR 75.253 (continuation of a
multi-year project after the first budget period) to any current
Comprehensive Centers grantee that receives a continuation award as a
result of the waivers.
In addition, these waivers do not exempt current Comprehensive
Centers grantees from the account closing provisions of 31 U.S.C.
1552(a) nor do they extend the availability of funds previously awarded
to current Comprehensive Center grantees. As a result of 31 U.S.C.
1552(a), appropriations available for a limited period may be used for
payment of valid obligations for only five years after the expiration
of their period of availability for Federal obligation. After that
time, the unexpended balance of those funds is canceled and returned to
the U.S. Treasury Department and is unavailable for restoration for any
purpose. These waivers do not change this requirement.
These waivers ensure that the important services provided by the
current Comprehensive Centers grantees will be continued, as the
Department works on reauthorization of the ESEA and ETAA and designs a
Comprehensive Centers program that is aligned with the Department's
technical assistance priorities. During this interim period, the
activities of the current Comprehensive Centers grantees will be
modified to support these technical assistance priorities.
Waivers--Comprehensive Centers Program
The Secretary waives the requirements in 34 CFR 75.250 and
75.261(c)(2), which prohibit project periods exceeding five years and
extensions of project periods that involve the obligation of additional
Federal funds, for the current Comprehensive Centers grantees.
Regulatory Flexibility Act Certification
The Secretary certifies that the waivers will not have a
significant economic impact on a substantial number of small entities.
The small entities that will be affected by these waivers are:
(a) The FY 2005 grantees currently receiving Federal funds; and
(b) The entities that are eligible for an award under the
Comprehensive Centers program (i.e., research organizations,
institutions, agencies, institutions of higher education, partnerships
among such entities, or individuals, with the demonstrated ability or
capacity to carry out the activities described in the notice inviting
applications published in the Federal Register on June 3, 2005 (70 FR
53283) and corrected in the Federal Register on June 20, 2005 (70 FR
35415)).
The Secretary certifies that these waivers will not have a
significant economic impact on these entities because the waivers and
the activities required to support the additional years of funding will
not impose excessive regulatory burdens or require unnecessary Federal
supervision. The waivers will impose minimal requirements to ensure the
proper expenditure of program funds, including requirements that are
standard for continuation awards.
Paperwork Reduction Act of 1995
This notice of waivers 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 notification of our specific plans and
actions for this program.
Accessible Format: Individuals with disabilities can obtain this
document in
[[Page 32171]]
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.
(Catalog of Federal Domestic Assistance Number 84.283B,
Comprehensive Centers Program)
Program Authority: 20 U.S.C. 9601-9608.
Dated: June 2, 2010.
Thelma Mel[eacute]ndez de Santa Ana,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2010-13571 Filed 6-4-10; 8:45 am]
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