[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)]
[Proposed Rules]
[Pages 11870-11871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03810]



[[Page 11870]]

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DEPARTMENT OF EDUCATION

34 CFR Chapter III


Proposed Waiver and Extension of the Project Period for the 
National Individuals With Disabilities Education Act (IDEA) Technical 
Assistance Center on Early Childhood Longitudinal Data Systems

[Catalog of Federal Domestic Assistance (CFDA) Number: 84.373Z.]

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

ACTION: Proposed waiver and extension of the project period.

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SUMMARY: The Secretary proposes to waive the requirements in the 
Education Department General Administrative Regulations that generally 
prohibit project periods exceeding five years and project period 
extensions involving the obligation of additional Federal funds. We 
take this action because this proposed waiver and extension of the 
project period would enable the current National IDEA Technical 
Assistance Center on Early Childhood Longitudinal Data Systems 
(Center), currently funded under the Technical Assistance on State Data 
Collection Program, to receive funding from October 1, 2017, through 
September 30, 2018.

DATES: We must receive your comments on or before March 29, 2017.

ADDRESSES: Address all comments about this proposed waiver and 
extension of the project period to Meredith Miceli, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5130, Potomac Center Plaza, 
Washington, DC 20202-5108.
    If you prefer to send your comments by email, use the following 
address: [email protected]. You must include the phrase ``Proposed 
waiver and extension of the project period'' in the subject line of 
your message.

FOR FURTHER INFORMATION CONTACT: Meredith Miceli. Telephone: (202) 245-
6028, or by email at: [email protected].
    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:
    Invitation to Comment: We invite you to submit comments regarding 
this proposed waiver and extension. During and after the comment 
period, you may inspect all public comments about this proposed waiver 
and extension of the project period in Room 5130, 550 12th Street SW., 
Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m., 
Washington, DC time, Monday through Friday of each week, except Federal 
holidays.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request, we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this proposed waiver and extension. If you 
want to schedule an appointment for this type of aid, please contact 
the person listed under FOR FURTHER INFORMATION CONTACT.

Background

    On August 8, 2012, the Department of Education (Department) 
published in the Federal Register (77 FR 47501) a notice inviting 
applications (2012 NIA) for a new award for fiscal year (FY) 2012 for 
one national technical assistance (TA) center. The National IDEA 
Technical Assistance Center on Early Childhood Longitudinal Data 
Systems was funded under the Technical Assistance on State Data 
Collection Program, authorized under section 611(c)(1) of the IDEA.
    The purpose of the Center is to provide TA to States on the 
development and enhancement of statewide early childhood longitudinal 
data systems to improve States' capacity to collect, analyze, and 
report high-quality data required under sections 616 and 618 of IDEA. 
This Center provides TA to States on developing or enhancing statewide 
early childhood longitudinal data systems that horizontally link child-
level data on infants, toddlers, and young children with disabilities 
(birth through age 5) in different early learning data systems 
(including those developed with funding provided by the Department's 
Race to the Top--Early Learning Challenge program); vertically link 
these child-level data to statewide longitudinal data systems (SLDS) 
for school-aged children (including those developed with funding 
provided by the Department's SLDS program); and meet the data system 
capabilities and elements described under paragraph (b) in the 
Technical Assistance and Dissemination Activities section of the 2012 
NIA. These statewide early childhood longitudinal data systems should 
allow States to:
    (a) Accurately and efficiently respond to IDEA-related data 
submission requirements (e.g., IDEA sections 616 and 618 requirements);
    (b) Continuously improve processes for defining, acquiring, and 
validating the data; and
    (c) Comply with applicable Federal, State, and local privacy laws, 
including the applicable requirements of the Family Educational Rights 
and Privacy Act and privacy requirements in parts B and C of the IDEA.
    The TA provided by the Center focuses on building the State's 
capacity to report high-quality data to meet IDEA reporting 
requirements and is conducted in coordination with other SLDS work 
being conducted in the State.
    Based on the selection criteria published in the 2012 NIA, the 
Department made one award for a period of 60 months to SRI 
International. The project period for the current Center is scheduled 
to end on September 30, 2017. The Center will continue to provide TA to 
States to support IDEA Part C and Part B preschool State programs' 
participation in the development or enhancement of integrated early 
childhood data systems. The Center will continue to:
    (a) Generate useful products for State agencies that administer the 
IDEA part C and part B preschool program to use in the development and 
enhancement of State integrated early childhood data systems with 
linkages to the SLDS;
    (b) Design and implement a continuum of TA services for State IDEA 
part C and part B preschool staff and other staff, employing strategies 
that are supported by evidence, useful, and cost-effective; and
    (c) Provide national leadership and coordination around IDEA part C 
and part B preschool data systems and their inclusion in integrated 
early childhood and longitudinal State efforts to ensure efficiency and 
effectiveness of Federal and State resources.
    We do not believe that it would be in the public interest to run a 
competition for a new Center at this time for a number of reasons.
    First, extending the Center would ensure uninterrupted TA services 
in critically needed areas currently provided to States by the Center. 
We have concluded that it is not in the public interest to have a lapse 
in the resources currently provided by the Center because States have 
begun emerging work on data systems and need the Center to continue as 
a TA resource during this critical juncture. States need ongoing expert 
TA and support as they implement and coordinate data horizontally 
across different early childhood programs, especially in light of 
recent guidance and resources on early childhood data

[[Page 11871]]

systems issued by both the Department and the Department of Health and 
Human Services (HHS). The Department recently highlighted the emerging 
work of States in The Integration of Early Childhood Data: State 
Profiles and Report from the U.S. Departments of Health and Human 
Services and Education.\1\ In addition, the Department provided 
guidance on privacy requirements under parts C and B of the IDEA and 
the Family Educational Rights and Privacy Act in Understanding the 
Confidentiality Requirements Applicable to IDEA Early Childhood 
Programs Frequently Asked Questions,\2\ and the Center provided TA to 
States on this guidance through a webinar and other resources. Finally, 
HHS issued new data-related regulations through its 2016 Head Start 
Performance Standards (45 CFR 1303 Subpart C) and the Child Care 
Development Fund (45 CFR part 98), and these regulations support the 
existing efforts of many States to develop or enhance early childhood 
data systems.
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    \1\ Document available online at: http://www2.ed.gov/about/inits/ed/earlylearning/files/integration-of-early-childhood-data.pdf.
    \2\ Document available online at: http://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/idea-confidentiality-requirements-faq.pdf.
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    Second, running a competition for a new Center for early childhood 
data would not be timely this year because the Center currently 
coordinates extensively with the work of the Technical Assistance on 
State Data Collection Program to more efficiently and effectively meet 
the vertical data coordination needs of States for serving children 
with disabilities from birth through age 21. An extension of the 
current grantee's project would align the end of the current Center's 
project period with the expiration of the project period for the 
technical assistance data center that assists States with data for 
school-aged children, namely the National Technical Assistance Center 
to Improve State Capacity to Accurately Collect and Report IDEA Data 
(CFDA number 84.373Y), and allow the Department to better coordinate 
overall its Technical Assistance on State Data Collection Program and 
ensure continued vertical data coordination for another year.
    For these reasons, the Secretary proposes to waive the requirements 
in 34 CFR 75.250, which prohibit project periods exceeding five years, 
as well as 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 would 
allow the Department to issue a one-time FY 2017 continuation award of 
$6,500,000 to the Center originally funded in FY 2012.
    Any activities carried out during the year of this continuation 
award would have to be consistent with, or a logical extension of, the 
scope, goals, and objectives of the grantee's application as approved 
in the 2012 competition. The requirements for continuation awards are 
set forth in the 2012 NIA and in 34 CFR 75.253.

Regulatory Flexibility Act Certification

    The Secretary certifies that the proposed waiver and extension of 
the project period would not have a significant economic impact on a 
substantial number of small entities. The only entities that would be 
affected by the proposed waiver and extension of the project period are 
the current grantee and any other potential applicants.
    The Secretary certifies that the proposed waiver and extension 
would not have a significant economic impact on these entities because 
the extension of an existing project period 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 proposed 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 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: February 22, 2017.
Ruth E. Ryder,
Delegated the duties of the Assistant Secretary for Special Education 
and Rehabilitative Services.
[FR Doc. 2017-03810 Filed 2-24-17; 8:45 am]
 BILLING CODE 4000-01-P