[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Rules and Regulations]
[Pages 57266-57267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22715]


-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Catalog of Federal Domestic Assistance (CFDA) Number: 84.326A]


Final Waiver and Extension of the Project Period for the 
Individuals With Disabilities Education Act Partnership Project

AGENCY: Office of Special Education Programs (OSEP), Office of Special 
Education and Rehabilitative Services, Department of Education.

ACTION: Final waiver and extension of the project period.

-----------------------------------------------------------------------

SUMMARY: The Secretary waives the requirements in the Education 
Department General Administrative Regulations that generally prohibit 
project periods exceeding five years and extensions of project periods 
involving the obligation of additional Federal funds. This waiver and 
extension of the project period enables the currently funded 
Individuals with Disabilities Education Act (IDEA) Partnership Project 
(Partnership Project) to receive funding from October 1, 2013, through 
September 30, 2014.

DATES: The waiver and extension of the project period are effective 
September 18, 2013.

FOR FURTHER INFORMATION CONTACT: Renee Bradley, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 4103, Potomac Center Plaza, 
Washington, DC 20202-2600. Telephone: (202) 245-7277.
    If you use a telecommunications device for the deaf or a text 
telephone, call the Federal Relay Service, toll free, at 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: On August 2, 2013, we published a notice in 
the Federal Register (78 FR 46858) proposing an extension of project 
period and a waiver of 34 CFR 75.250 and 75.261(a) and (c)(2) in order 
to--
    (1) Enable the Secretary to provide additional funds to the 
currently funded Partnership Project for an additional 12-month period, 
from October 1, 2013, through September 30, 2014; and
    (2) Request comments on the proposed extension of project period 
and waiver.
    There are no substantive differences between the proposed waiver 
and extension and this final waiver and extension.

Public Comment

    In response to our invitation in the notice of proposed waiver and 
extension of the project period, we did not receive any substantive 
comments. Generally, we do not address comments that raise concerns not 
directly related to the proposed waiver and extension of project 
period.

Background

    On July 15, 2008, the Department published a notice in the Federal 
Register (73 FR 40548) inviting applications for new awards for fiscal 
year (FY) 2008 for the Partnership Project funded under the Technical 
Assistance and Dissemination to Improve Services and Results for 
Children With Disabilities (TA&D) program, authorized under section 663 
of IDEA. The Partnership Project is intended to provide opportunities 
for national associations to collaborate with each other and with their 
collective State and local affiliates to improve the implementation of 
education policies and practices in States. The goal of the Partnership 
Project is also intended to bridge the gap between research, policy, 
and practice in both special education and general education so that 
the needs of all students can be meaningfully addressed. The 
Partnership Project has worked to unite multiple national associations 
and their State and local affiliates, representing policymakers, 
service providers, local-level administrators, and families, to improve 
the implementation of IDEA and outcomes for students with disabilities. 
These associations and their State and local affiliates need continued 
support to engage in meaningful dialogue, continual learning, and 
problem solving that will improve the implementation of IDEA and 
outcomes for students with disabilities.
    The Department made one award for a period of 60 months to the 
National Association of State Directors of Special Education (NASDSE) 
to establish the Partnership Project. The current project period is 
scheduled to end on September 30, 2013.
    The Partnership Project links the expertise and resources available 
through the OSEP Technical Assistance and Dissemination Network with

[[Page 57267]]

stakeholder organizations to build innovative dissemination strategies. 
The Partnership Project has developed and enhanced tools and strategies 
to improve the collaboration and engagement of stakeholder 
organizations linked with State improvement efforts to implement 
evidence-based practices, improve the implementation of IDEA, and 
improve outcomes for children with disabilities within general 
education reform efforts. Engagement tools and strategies include: (1) 
Various Dialogue Guides, focused on education reform efforts such as 
standards-based assessment, college- and career-readiness, and the 
school-to-prison pipeline; (2) communities of practice development and 
implementation; and (3) stakeholder engagement protocols.
    At this time, we do not believe that it would be in the public 
interest to run a competition for a new Partnership Project because the 
Department is planning to change the organization of its technical 
assistance (TA) activities to better meet the needs of States and local 
affiliates and families. We also have concluded that it would be 
contrary to the public interest to have a lapse in the provision of the 
TA services currently provided by the Partnership Project pending the 
changes to the organization of the Department's TA activities.
    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)(2), which allow the 
extension of a project period only if the extension does not involve 
the obligation of additional Federal funds. The waiver allows the 
Department to issue a continuation award in the amount of $1,699,000 to 
NASDSE for an additional 12-month period. This continuation award 
should ensure that the Partnership Project's TA, coordinated training, 
outreach, and dissemination of information to the partners' State and 
local affiliates and families will not be interrupted.
    Any activities to be carried out during the year of the 
continuation award would have to be consistent with, or be a logical 
extension of, the scope, goals, and objectives of the grantee's 
application as approved in the 2008 Partnership Project competition.
    The requirements applicable to continuation awards for this 
competition set forth in the July 15, 2008, notice inviting 
applications and the requirements in 34 CFR 75.253 apply to any 
continuation awards sought by the current IDEA Partnership grantee. We 
base our decisions regarding a continuation award on the program 
narrative, budget, budget narrative, and program performance report 
submitted by the current grantee, as well as the requirements in 34 CFR 
75.253.

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 proposed waiver and extension of project 
period, and we have not made any substantive changes to the proposed 
waiver and extension of project period. The Secretary has made a 
determination to waive the delayed effective date to ensure provision 
of TA services currently provided by the Partnership Project pending 
the changes to the organization of the Department's TA activities.

Regulatory Flexibility Act Certification

    The Secretary certifies that this waiver and extension of the 
project period would not have a significant economic impact on a 
substantial number of small entities.
    The only entity that would be affected by this waiver and extension 
of the project period is the current grantee.
    The Secretary certifies that this waiver and final extension would 
not have a significant economic impact on this entity because the 
extension of an existing project imposes minimal compliance costs, and 
the activities required to support the additional year of funding would 
not impose additional regulatory burdens or require unnecessary Federal 
supervision.

Paperwork Reduction Act of 1995

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

Intergovernmental Review

    This program is subject to 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 compact disc) on request to the contact person listed 
under FOR FURTHER INFORMATION CONTACT.
    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: 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: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: September 13, 2013.
Sue Swenson,
Deputy Assistant Secretary for Special Education and Rehabilitative 
Services, delegated the authority to perform the functions and duties 
of the Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2013-22715 Filed 9-17-13; 8:45 am]
BILLING CODE 4000-01-P