[Federal Register: May 29, 2003 (Volume 68, Number 103)]
[Notices]
[Page 32025-32026]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29my03-50]
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DEPARTMENT OF EDUCATION
Office of Special Education and Rehabilitative Services.
AGENCY: Office of Special Education Programs, Department of Education.
ACTION: Notice of extension of project period and waiver.
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SUMMARY: The Secretary waives the requirements in the Education
Department General Administrative Regulations (EDGAR), at 34 CFR 75.250
and 75.261(a), respectively, that generally prohibit project periods
exceeding 5 years and project extensions involving the obligation of
additional Federal funds to enable the currently-funded Regional
Resource Centers (RRCs) to receive funding from June 1, 2003 until May
31, 2004.
DATES: This notice is effective June 1, 2003.
FOR FURTHER INFORMATION CONTACT: Marie Roane, U.S. Department of
Education, 400 Maryland Avenue, SW., room 3611, Switzer Building,
Washington, DC 20202-2641. Telephone: (202) 205-8451.
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 persons listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION:
Invitation to Comment
On March 31, 2003, we published a notice in the Federal Register
(68 FR 15439-15440) proposing an extension of project period and waiver
in order to--
(1) Give the current grantees early notice of the possibility that
additional months of funding may be available through continuation
awards; and
(2) Request comments on the proposed extension and waiver.
There are no differences between the notice of proposed extension
and waiver and this notice of final extension and waiver.
Analysis of Comments and Changes
In response to the Assistant Secretary's invitation in the notice
of proposed extension and waiver, three parties submitted comments. One
party submitted comments in agreement with the proposal to extend the
grant period of the current grantees. Two parties submitted comments
opposing the proposed extension 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 proposed
notice.
An analysis of the parties' comments opposing the proposed
extension and waiver and our response follows.
Comment: One commenter stated that funding should be cut for the
RRCs rather than waive the EDGAR requirement for a project period
extension. The commenter further stated that it is more important to
get services to children with disabilities and States than it is to
have another intermediate intervening system.
Discussion: The existing RRCs are currently involved in carrying
out activities related to the Office of Special Education Programs
initiative to identify and disseminate alternative approaches to
identifying children with disabilities. The Secretary believes that
this is an important endeavor and the current RRCs have already
conducted extensive training and information activities related to
State implementation of IDEA and they are best suited to assist in
efforts to provide or gather information related to the activities
described in this notice.
Change: None.
Comment: One commenter stated that the proposed extension and
waiver should not be approved. The commenter further stated that by
granting the proposed extension and waiver, it curtails the current
competitive system, and serves to reward current grantees without
consideration of potential grantees that might better provide for
current needs.
Discussion: The Secretary has determined that there is a critical
need in the States for identifying and disseminating alternative
approaches to identify children with learning disabilities. Waiting
until after a new RRC competition would hinder the efforts that are in
place. The Secretary believes that by providing continuous support to
the existing grantees will avoid the disruption of activities that are
currently taking place in the regions to address these needs.
[[Page 32026]]
Change: None.
Background
On February 24, 1998, we published in the Federal Register (63 FR
9376-9378) a notice inviting applications for new awards under the
Regional Resource Center Program for fiscal year 1998. Based on this
notice, the Department made six awards of 56 months under 34 CFR
75.105(c)(3) and the Individuals with Disabilities Education Act
(IDEA). Section 685 of IDEA authorizes the Secretary to support the
establishment of Regional Resource Centers (RRCs). These Centers
provide technical assistance and information that support States and
local agencies in building capacity to improve early intervention,
educational, and transitional services and results for children with
disabilities and their families, and address systemic-change goals and
priorities. The grant period for the six centers ends May 31, 2003.
In order to carry out activities related to implementing an
initiative of the Office of Special Education Programs (OSEP) to
identify and disseminate alternative approaches to identifying children
with learning disabilities, it is necessary to issue continuation
awards to the existing grantees. Specifically, the current RRCs are
helping to conduct a survey in each of their regions to collect
information on the ways that States identify children with learning
disabilities.
In particular, the Secretary plans for the RRCs to work with staff
of OSEP, the Kennedy Center Research Program on Learning Accommodations
for Individuals with Special Needs at Vanderbilt University, State
educational agencies, regional in-state technical assistance systems
and other State and local agencies to:
(1) Develop a coordinated plan for identifying sites within each
RRC region using alternative approaches for identification of children
with learning disabilities;
(2) Assist in efforts to provide or gather evidence of the value of
more effective approaches for addressing the needs of children with
learning disabilities; and
(3) Use research-based dissemination, training, and technical
assistance to extend and increase effective practices in the area of
learning disabilities.
The RRCs will also work with centers providing technical assistance
to projects funded under the Training and Information for Parents of
Children with Disabilities program to continue to foster improved
collaboration on the No Child Left Behind Act of 2001 and IDEA, which
will improve results for children with disabilities.
In addition, the Secretary plans for the RRCs to provide continued
assistance to State educational agencies for Part B and the lead
agencies for Part C in each region to support their implementation of
continuous improvement and focused monitoring activities.
Reasons for Extension and Waiver
There is an immediate need to provide training and information to
the populations that will be targeted by these efforts. Providing
continuous support to existing grantees will help ensure the success of
these efforts by avoiding the possible disruption or interruption of
activities resulting from a change in grantees. Waiting until after a
new RRC competition to begin this important work would severely hinder
the Department's efforts to address the critical needs that are now
present in the regions. The current RRCs have already conducted
extensive training and information activities related to State
implementation of the IDEA Amendments of 1997 and are best suited to
conduct this effort. We have determined that an additional period of
time is needed to begin the additional technical assistance and
training activities described in this notice.
Therefore, the Secretary will issue continuation awards to the
current grantees for twelve (12) months. A one-year time extension
beginning June 1, 2003 thru May 31, 2004 is allowed to ensure the
successful completion of the projects. The Secretary waives the
requirements in 34 CFR 75.250 and 75.261(c)(2), which prohibit project
periods exceeding 5 years and extensions that involve the obligation of
additional Federal funds. This waiver gives the affected grantees early
notice of the availability of an additional twelve months of funding.
Regulatory Flexibility Act Certification
The Secretary certifies that the extension of project period and
waiver will not have a significant economic impact on a substantial
number of small entities. The only small entities that would be
directly affected are the six RRCs.
Paperwork Reduction Act of 1995
This extension of project period and waiver does 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.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/legislation/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.access.gpo.gov/nara/index.html.
(Catalog of Federal Domestic Assistance Number 84.326, Technical
Assistance and Dissemination to Improve Services and Results for
Children with Disabilities.)
Dated: May 23, 2003.
Robert H. Pasternack,
Assistant Secretary for Special Education and, Rehabilitative Services.
[FR Doc. 03-13396 Filed 5-28-03; 8:45 am]
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