[Federal Register Volume 79, Number 153 (Friday, August 8, 2014)]
[Notices]
[Pages 46426-46428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18789]


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

DEPARTMENT OF EDUCATION


Final Waiver and Extension of the Project Period; Training and 
Advisory Services--Equity Assistance Centers Program

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Final waiver and extension of the project period.

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

SUMMARY: For the 36-month projects funded in fiscal year (FY) 2011 
under the Training and Advisory Services--Equity Assistance Centers 
(EACs) program, the Secretary waives the requirements that generally 
prohibit project period extensions involving the obligation of 
additional Federal funds. The Secretary also extends the project period 
of these grants for up to an additional 24 months. This enables the 10 
current grantees under the EACs program to continue to receive Federal

[[Page 46427]]

funding annually for project periods through FY 2015 and possibly 
through FY 2016. Further, the waiver and extension of the project 
period mean that we will not announce a new competition or make new 
awards in FY 2014.

DATES: The waiver and extension of the project period are effective 
August 8, 2014.

FOR FURTHER INFORMATION CONTACT: Jenelle V. Leonard, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 3W203, Washington, DC 20202-
6400. Telephone: (202) 401.0039 or by email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: On April 28, 2014, we published a notice in 
the Federal Register (79 FR 23335) proposing an extension of the 
project period and waiver of 34 CFR 75.261(a) and (c)(2), which 
restricts project period extensions involving the obligation of 
additional Federal funds, as it relates to the 10 current EACs program 
grantees (April 2014 proposed waiver).

Public Comment

    In the April 2014 proposed waiver, the Secretary invited comments 
on the proposed waiver and extension of the project period. We received 
49 comments in response.

Analysis of Comments and Changes

    An analysis of the comments received in response to the April 2014 
proposed waiver follows.
    Comment: The commenters expressed support for the proposed waiver 
and extension of the project period. Specifically, commenters supported 
building upon current services, sustaining the work of the grant 
program, maintaining continuity of high-quality services, and 
leveraging technical assistance resources. Commenters did not want to 
see a disruption or decrease in services provided to clients. One 
commenter stated that the disruption of services provided by the EACs 
would impede progress and prevent clients from receiving the help 
needed. Commenters also noted that the Centers are essential, serve as 
a valuable resource, and are a worthwhile investment by the Department. 
No negative comments were received.
    Discussion: We appreciate the commenters' support and note the 
importance of the assistance provided by the EACs to school boards and 
other governmental agencies responsible for the preparation, adoption, 
and implementation of plans for the desegregation of public schools and 
the development of effective methods of coping with unique educational 
problems occasioned by desegregation. We agree that it is important 
that there not be a lapse in the services provided by the Centers.
    Change: None.

Background

    The EACs program awards grants through cooperative agreements to 
eligible entities to operate 10 regional EACs. The EACs provide 
technical assistance and training at the request of school boards and 
other governmental agencies responsible for the preparation, adoption, 
and implementation of plans for the desegregation of public schools and 
the development of effective methods of coping with unique educational 
problems occasioned by desegregation. In this context, 
``desegregation'' or ``equity'' refers to segregation based on race, 
sex, or national origin. The EACs (formerly the Desegregation 
Assistance Centers) assist States, districts, and public schools in 
providing effective instruction to all students and specifically to 
those students for whom disparities in achievement persist.
    The EACs are authorized by title IV of the Civil Rights Act of 1964 
(42 U.S.C. 2000c) and operate under the implementing regulations at 34 
CFR parts 270 and 272. These regulations identify, among other 
components of the program, the 10 regions to be served by the EACs, 
eligible recipients of EAC assistance, the criteria used to make a 
grant, how the amount of the grant is determined, and the conditions 
that must be met by the grant recipient.
    The geographic regions served by the EACs are:

    Region I: Connecticut, Maine, Massachusetts, New Hampshire, 
Rhode Island, and Vermont.
    Region II: New Jersey, New York, Puerto Rico, and the Virgin 
Islands.
    Region III: Delaware, District of Columbia, Maryland, 
Pennsylvania, Virginia, and West Virginia.
    Region IV: Alabama, Florida, Georgia, Kentucky, Mississippi, 
North Carolina, South Carolina, and Tennessee.
    Region V: Illinois, Indiana, Michigan, Minnesota, Ohio, and 
Wisconsin.
    Region VI: Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
    Region VII: Iowa, Kansas, Missouri, and Nebraska.
    Region VIII: Colorado, Montana, North Dakota, South Dakota, 
Utah, and Wyoming.
    Region IX: Arizona, California, and Nevada.
    Region X: Alaska, American Samoa, Guam, Hawaii, Idaho, Northern 
Mariana Islands, Oregon, The Federated States of Micronesia, The 
Republic of the Marshall Islands, The Republic of Palau, and 
Washington.

    On March 10, 2011, we published in the Federal Register (76 FR 
13137) a notice inviting applications for new awards under the FY 2011 
EACs program competition (2011 EAC NIA). In FY 2011, the Department 
made new awards to 10 EAC projects. The three-year project period for 
these EACs is currently scheduled to end on September 30, 2014.
    For those EACs, the Secretary waives the requirements in 34 CFR 
75.261(a) and (c)(2), which prohibits the extension of project periods 
involving the obligation of additional Federal funds, and extends the 
project period for the current EACs for up to 24 months. This will 
allow the 10 current EAC grantees to continue to receive Federal 
funding through FY 2015 and possibly through FY 2016.
    We are waiving the requirements in 34 CFR 75.261(a) and (c)(2) and 
extending the project period for the current EAC grantees. Based on the 
grantees' performance, public comments, and a 2013 survey of EAC 
clients conducted by the Federal Research Division of the Library of 
Congress in which 94 percent of the respondents rated the quality of 
the EAC products and services they received during the 2012-2013 school 
year as ``high'' or ``very high,'' we have concluded that the existing 
EACs are providing high-quality services. Therefore, it would not be in 
the public interest to incur the disruption in services associated with 
holding a new EACs competition in FY 2014. It would be more effective 
to maintain continuity of the high-quality services offered by these 
grantees to their clients rather than transition to new grantees only 
three years after the FY 2011 awards. These services include 
disseminating information on successful education practices and legal 
requirements related to nondiscrimination on the basis of race, sex, 
and national origin in educational programs; training designed to 
develop educators' skills in specific areas such as identification of 
race and sex bias in instructional materials; technical assistance in 
the identification and selection of appropriate educational programs to 
meet the needs of limited English proficient students; addressing 
disproportionality in schools among students and teachers; and 
instructing school officials on how to prevent sexual harassment and 
combat biases. In addition, issuing continuation awards, instead of 
holding a new competition,

[[Page 46428]]

will allow the current grantees to continue to serve as a resource for 
the Department's Office for Civil Rights in working with school 
districts that have achieved unitary status (i.e., school district(s) 
released from court-ordered desegregation obligations). The grantees 
will continue to offer technical assistance to school districts, State 
educational agencies, and others who seek to resolve civil rights 
conflicts and promote social justice and equity. Further, the current 
grantees will continue to provide resources and training in the areas 
of hate crimes, racial prejudice, and bullying.
    We will fund the extended project period using FY 2014 funds. In 
addition, we may also extend the project period for a second year, 
using FY 2015 funds that Congress appropriates under the current 
statutory authority.
    Under this waiver and extension of the project period--
    (1) Current grantees will be authorized to receive EAC continuation 
awards annually for up to an additional two years.
    (2) We will not announce a new EAC competition or make new EAC 
grant awards in FY 2014 and possibly in FY 2015.
    (3) During the extension period, any activities carried out must be 
consistent with, or be a logical extension of the scope, goals, and 
objectives of each grantee's approved application from the 2011 EAC 
competition.
    (4) Each grantee that receives a continuation award must also 
continue to comply with the requirements established in the program 
regulations and the 2011 EAC NIA.
    (5) All requirements applicable to continuation awards for current 
EAC grantees and the requirements in 34 CFR 75.253 will apply to any 
continuation awards received by current EAC grantees, i.e., each 
grantee must demonstrate substantial progress performing its approved 
grant activities, as evidenced through program narratives, budgets and 
budget narratives, and performance reports.

Regulatory Flexibility Act Certification

    The Secretary certifies that the waiver and extension and the 
activities required to support additional years of funding will not 
have a significant economic impact on a substantial number of small 
entities. The entities that will be affected by this proposed waiver 
and extension of the project period are the 10 current EAC grantees 
receiving Federal funds and any other potential applicants.
    The Secretary certifies that the waiver and extension will not have 
a significant economic impact on these entities because the waiver and 
extension impose minimal compliance costs to extend projects already in 
existence, and the activities required to support the additional years 
of funding will not impose additional regulatory burdens or require 
unnecessary Federal supervision.

Paperwork Reduction Act of 1995

    This proposed waiver and extension 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 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 this 
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.

    Program Authority:  42 U.S.C. 2000c-2000c-2, 2000c-5.

    Dated: August 5, 2014.
Deborah S. Delisle,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2014-18789 Filed 8-7-14; 8:45 am]
BILLING CODE 4000-01-P