[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]


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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]
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