[Federal Register Volume 76, Number 156 (Friday, August 12, 2011)]
[Notices]
[Pages 50202-50204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20607]


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DEPARTMENT OF EDUCATION

[CFDA No. 84.326T]


National Technical Assistance and Dissemination Center for 
Children Who Are Deaf-Blind; Final Extension of Project Period and 
Waiver

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 
National Technical Assistance and Dissemination Center for Children Who 
Are Deaf-Blind.

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SUMMARY: The Secretary issues this notice to waive the requirements in 
the Education Department General Administrative Regulations (EDGAR) 
that generally prohibit project periods exceeding five years and 
extensions of project periods involving the obligation of additional 
Federal funds. This extension of project period and waiver enables the 
currently funded National Technical Assistance and Dissemination Center 
for Children Who Are Deaf-Blind (Center) to receive funding from 
October 1, 2011, through September 30, 2013.

DATES: The extension of project period and waiver is effective August 
12, 2011.

FOR FURTHER INFORMATION CONTACT: JoAnn McCann, U.S. Department of 
Education, 400 Maryland Avenue, SW., Room 4076, Potomac Center Plaza 
(PCP), Washington, DC 20202-2550. Telephone: (202) 245-7434.
    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: On June 7, 2011, the Department published a 
notice in the Federal Register (76 FR 32969) proposing an extension of 
project period and a waiver of 34 CFR 75.250 and 75.261(a) and (c) in 
order to--
    (1) Enable the Secretary to provide additional funds to the 
currently funded Center for an additional 24-month period, from October 
1, 2011, through September 30, 2013; 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

    In response to our invitation in the notice of proposed extension 
of project period and waiver, we did not receive any substantive 
comments. Generally, 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 
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)). We received no 
substantive comments on the notice of proposed extension of project 
period and waiver, and we have not made any substantive changes to the 
proposal. The Secretary has therefore determined to waive the delayed 
effective date to ensure a timely continuation grant to the entity 
affected.

[[Page 50203]]

Background

    On December 22, 2005, the Department published a notice in the 
Federal Register (70 FR 76039) inviting applications for new awards for 
fiscal year (FY) 2006 for a Center. The purpose of the Center, which 
was funded under the Technical Assistance and Dissemination to Improve 
Services and Results for Children with Disabilities (TA&D) program, 
authorized under section 663 of the Individuals with Disabilities 
Education Act (IDEA), is to provide specialized technical assistance, 
training, dissemination, and informational services to States, 
families, and agencies and organizations that are responsible for the 
provision of early intervention, special education, and related and 
transitional services for children through age 21 who are deaf-blind. 
For purposes of this notice, the term ``individuals who are deaf-
blind'' refers to infants, toddlers, children, youth and young adults 
through age 21 who are deaf-blind.
    Based on the 2005 notice inviting applications, the Department made 
one award for a period of 60 months to Western Oregon University to 
establish the Center, which is currently known as the National 
Consortium on Deaf-Blindness (NCDB). The NCDB's major goals are three-
fold. The first goal is to increase the capacity of State educational 
agencies (SEAs), local educational agencies (LEAs), early intervention 
programs, and other agencies to improve policies and practices that 
will result in appropriate assessment, planning, placement, and 
services for individuals who are deaf-blind. The second goal is to 
increase the capacity of State deaf-blind projects as well as State and 
local agencies to use evidence-based practices to improve outcomes for 
individuals who are deaf-blind. The third goal is to collaborate with 
Parent Training and Information Centers (PTIs) to build the capacity of 
families of individuals who are deaf-blind to build relationships with 
family, peers, service providers, employers, and others and develop 
their knowledge about and skills in self-advocacy and self-empowerment.
    The NCDB accomplishes this mission through a combination of 
activities in the following areas: (1) Technical assistance to SEAs, 
LEAs, families, and organizations that are responsible for the 
provision of early intervention, special education, and related and 
transitional services for individuals who are deaf-blind; (2) 
collection and dissemination of information related to improving 
outcomes for individuals who are deaf-blind; and, (3) training to 
address gaps in the knowledge of service providers, including gaps in 
the knowledge of evidence-based practices, to improve outcomes for 
individuals who are deaf-blind.
    The NCDB's current project period is scheduled to end on September 
30, 2011. We believe that it is not in the public interest to hold a 
new competition in 2011 to fund a new Center. This extension will align 
the end of the NCDB's project period with the end of the grants funded 
under the Projects for Children and Young Adults who are Deaf-Blind 
program (CFDA Number 84.326C). This alignment will enable the 
Department to develop a technical assistance strategy for individuals 
who are deaf-blind that maximizes the effectiveness and efficiency of 
the services provided. We also have concluded that it is not in the 
public interest to have a lapse in the provision of technical 
assistance services currently provided by the NCDB pending the 
development of a coordinated strategy for technical assistance for 
individuals who are deaf-blind. For these reasons, the Secretary waives 
the requirements in 34 CFR 75.250, which prohibit project periods 
exceeding five years; and waives 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 under 34 CFR 75.253 in the amount of $4,200,000 to 
Western Oregon University (H326T060002) to operate the Center for an 
additional 24-month period.
    Waiving these regulations and issuing this continuation award 
ensure that technical assistance, training, and dissemination of 
information to multiple recipients, including families, individuals who 
are deaf-blind, State projects for deaf-blind services, SEAs, LEAs, 
lead agencies under Part C of IDEA, and other State agencies, will not 
be interrupted during this period of time.
    With this extension of project period and waiver, the NCDB will be 
required to conduct the following activities:
    (a) Continue identifying State project needs in order to provide 
universal, targeted, and intensive technical assistance and training, 
as appropriate.
    (b) Assist State deaf-blind projects (1) to increase collaboration 
among State deaf-blind projects, the PTIs, and other OSEP Technical and 
Assistance projects (2) to improve early intervention, instructional 
and behavioral practices by providing universal, targeted, and 
intensive technical assistance and training, as appropriate.
    (c) Provide information to SEAs to aid in policy development 
related to services to individuals who are deaf-blind, as appropriate.
    (d) Assist families and individuals who are deaf-blind to increase 
their capacity to build relationships with family, peers, service 
providers, employers, and others; and develop their knowledge about and 
skills in self-advocacy and self-empowerment.
    (e) Assist personnel preparation training programs to work 
collaboratively with each other to increase the number of teachers and 
paraprofessionals who are prepared to provide effective services and 
implement evidence-based practices to improve outcomes for individuals 
who are deaf-blind.
    (f) Collaborate with the U.S. Department of Education's Office of 
Special Education and Rehabilitative Services, other Federal technical 
assistance projects, and State agencies to improve practices and 
services in early intervention, special education, related services, 
and transitional services by facilitating inclusion of individuals who 
are deaf-blind in SEA and LEA initiatives, as appropriate.

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 entities that will be affected are 
the NCDB and any other potential applicants.

Paperwork Reduction Act of 1995

    The final extension of project period and the 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.

[[Page 50204]]

    Electronic Access to This Document: 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 via the Federal Digital System 
at: http://www.gpo.gov/fdsys. At this site 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). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: http://www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: August 9, 2011.
Alexa Posny,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2011-20607 Filed 8-11-11; 8:45 am]
BILLING CODE 4000-01-P