[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Notices]
[Pages 55785-55786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22904]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Office of Special Education Programs, Office of Special Education
and Rehabilitative Services, Department of Education; Notice of Final
Extension of Project Period and Waiver for the National Center on
Educational Outcomes at the University of Minnesota (CFDA No. 84.326G)
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 National Center
on Educational Outcomes at the University of Minnesota 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 Malouf, U.S. Department of
Education, 550 12th St., SW., Room 4114, Potomac Center Plaza,
Washington, DC 20202-2641; Telephone: (202) 245-6253.
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 44234) 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 National Center on Educational Outcomes at the
University of Minnesota 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. We did not receive any comments.
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 on 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 August 8, 2005, the Department published a notice in the Federal
[[Page 55786]]
Register (70 FR 45712), 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 program
(TA&D), authorized under section 663 of the Individuals with
Disabilities Act (IDEA), to support a National Technical Assistance
Center on Assessment for Children with Disabilities. Based on that
notice, the Department made one award for a period of 60 months to the
University of Minnesota, National Center on Educational Outcomes
(NCEO). Under this award, the Office of Special Education Programs
(OSEP) funds NCEO to address national, State, and local assessment
issues related to students with disabilities. NCEO also assists OSEP
with analyzing State assessment data submitted in the State Performance
Plan/Annual Performance Reports (SPP/APR) required under the IDEA.
NCEO'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,
local educational agencies (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 $1,000,000 to the University of Minnesota (H326G050007) for an
additional twelve-month period.
Waiving these regulations and issuing this continuation award
ensure that continued technical assistance is available to assist
States with developing and implementing appropriate assessments of
students with disabilities, as well as emerging issues related to the
inclusion of children with disabilities in assessments, as the
Department works on reauthorization of the ESEA and designs IDEA
technical assistance competitions that are coordinated and aligned with
the Department's technical assistance priorities.
During the next fiscal year, NCEO will (1) Provide, upon request,
technical assistance to States regarding the inclusion of students with
disabilities as they develop new academic assessments, including
assessments that consortia of States may develop under the Race to the
Top Assessment Program, and assessments associated with other Federal
laws (e.g., the ESEA and IDEA); (2) develop and implement national and
regional activities to ensure that students with disabilities are
included in and benefit from emerging approaches to assessment (e.g.,
supporting communities of practice and convening national forums); (3)
continue, update, and expand analyses of State SPP/APR assessment data;
(4) collect, analyze, synthesize, and disseminate relevant information
related to the assessment of students with disabilities, as
appropriate; and (5) serve as a national resource for policymakers,
administrators, teachers, advocates, and parents on the assessment of
students with disabilities.
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 NCEO.
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. 2010-22904 Filed 9-13-10; 8:45 am]
BILLING CODE 4000-01-P