[Federal Register Volume 68, Number 103 (Thursday, May 29, 2003)]
[Notices]
[Pages 32025-32026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13396]


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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]
BILLING CODE 4000-01-P