Notice of final extension of project period and waiver for the Center for Students With Disabilities Involved With and at Risk of Involvement With the Juvenile Justice System [OSERS]

FR Doc E4-1949
[Federal Register: August 26, 2004 (Volume 69, Number 165)]
[Notices]               
[Page 52492-52493]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au04-25]                         

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DEPARTMENT OF EDUCATION

 


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 
Center for Students With Disabilities Involved With and at Risk of 
Involvement With the Juvenile Justice System.

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SUMMARY: The Secretary waives the requirements in the Education 
Department General Administrative Regulations (EDGAR) in 34 CFR 75.250 
and 75.261(a), that generally prohibit project periods exceeding five 
years and extensions of project periods involving the obligation of 
additional Federal funds. This final extension of project period and 
waiver will enable the currently funded Center for Students With 
Disabilities Involved With and at Risk of Involvement With the Juvenile 
Justice System to receive funding from August 31, 2004 until August 31, 
2005.

DATES: This notice is effective August 26, 2004.

FOR FURTHER INFORMATION CONTACT: Renee Bradley, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 4105, Potomac Center Plaza, 
Washington, DC 20202-2641. Telephone: (202) 245-7277 or via Internet: 
renee.bradley@ed.gov
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

[[Page 52493]]


SUPPLEMENTARY INFORMATION: On July 28, 2004, we published a notice in 
the Federal Register (69 FR 45023) proposing an extension of project 
period and waiver in order to--
    (1) Enable the Secretary to provide additional funds to the 
currently funded center for an additional 12-month period until August 
30, 2005; and
    (2) Request comments on the proposed extension and waiver.
    There are no 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

    In the notice of proposed extension of project period and waiver, 
we invited comments. Eleven 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 
shall be published at least 30 days before its effective date, except 
as otherwise provided for good cause (20 U.S.C. 553(d)(3)). During the 
15-day public comment period on the notice of proposed extension of 
project period and waiver, eleven parties submitted comments in support 
of the proposed extension and waiver. There were no objections received 
on the proposed extension and waiver, and therefore, no substantive 
changes have been made. For this reason, and in order to make a timely 
continuation grant to the entity affected, the Secretary has determined 
that a delayed effective date is not required.
    Background: On March 3, 1999, the Department published a notice in 
the Federal Register (64 FR 10352) inviting applications for a new 
award for a Center for Students With Disabilities Involved With and at 
Risk of Involvement With the Juvenile Justice System (Center) for 
fiscal year (FY) 1999. Based on that notice, the Department made one 
award for a period of 60 months to the University of Maryland to 
establish and operate the Center to provide guidance and assistance to 
States, schools, justice programs, families, and communities in 
designing, implementing, and evaluating comprehensive educational 
programs, based on research validated practices, for students with 
disabilities at risk of involvement or involved in the juvenile justice 
system. The Center focuses on three broad areas: (1) Prevention 
programs, (2) educational programs, and (3) reintegration or transition 
programs. The Center addresses these three areas through research, 
training, and technical assistance and dissemination. The Department is 
seeking additional support for a competition to be held in FY 2005, 
which would continue the work of the Center. However, the current grant 
period for the Center ends on August 31, 2004.
    In order to ensure that the work of the Center will continue until 
a new award can be made, the Secretary waives 34 CFR 75.250 and 
75.261(a) and issues a continuation award to the existing grantee for 
an additional twelve-month period.
    The Center will continue dissemination and technical assistance 
activities including:
    (a) Preparation and dissemination of information materials designed 
to increase awareness of and use of research validated practices to a 
variety of audiences (e.g., educators, justice personnel, mental health 
personnel, judges, policymakers, families, and other service 
providers).
    (b) Providing for information exchanges between researchers and 
practitioners who direct model programs and those seeking to design or 
implement model programs.
    The Center will continue training activities including:
    Funding at least three graduate students who have concentrations in 
special education or criminal justice to work as project research 
assistants for the Center. These students will assist with project 
facilitation and the Center's research and evaluation of programs.
    The Center will also complete additional research activities as 
appropriate.

Regulatory Flexibility Act Certification

    The Secretary certifies that the extension of the project period 
and waiver will not have a significant economic impact on a substantial 
number of small entities. The only entity that would be affected is the 
Center for Students With Disabilities Involved With and at Risk of 
Involvement With the Juvenile Justice System.

Paperwork Reduction Act of 1995

    This extension of project period and waiver does not contain any 
information collection requirements.

Intergovernmental Review

    This program is not subject to the requirements of Executive Order 
12372 and the regulations in 34 CFR part 79.
    Electronic Access to This Document: You may 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. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC area at (202) 512-1530.

    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: August 23, 2004.
Troy R. Justesen,
Acting Deputy Assistant, Secretary for Special Education and 
Rehabilitative Services.
[FR Doc. E4-1949 Filed 8-25-04; 8:45 am]

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