[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Proposed Rules]
[Pages 26623-26627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12016]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[ED-2019-OSERS-0044]


Proposed Waiver and Extension of the Project Period for Various 
Grants That Provide Technical Assistance on Transition

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

ACTION: Proposed waiver and extension of project periods.

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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. The 
proposed waiver and extension would enable 33 projects under CFDA 
numbers 84.326E, 84.328M, 84.235F and 84.235G to receive funding for an 
additional period, not to exceed September 30, 2020.

DATES: We must receive your comments on or before July 8, 2019.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``How to use Regulations.gov'' in the Help section.
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about the proposed priority and 
requirements, address them as follows:
    For the National Technical Assistance Center on Improving 
Transition to Postsecondary Education and Employment for Students with 
Disabilities, CFDA number 84.326E, to Selete Avoke, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5002, Potomac Center Plaza, 
Washington, DC 20202-5076 or to Kristen Rhinehart-Fernandez, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 5094, Potomac 
Center Plaza, Washington, DC 20202-5076;
    For the OSEP-funded Parent Training and Information Centers, CFDA 
number 84.328M, to Carmen Sanchez, U.S. Department of Education, 400 
Maryland Avenue SW, Room 5162, Potomac Center Plaza, Washington, DC 
20202-5076; and
    For the RSA-funded Parent Information and Training Centers, CFDA 
number 84.235F and the National Technical Assistance for Parent 
Information and Training Centers, CFDA number 84.235G, to Tara Jordan, 
U.S. Department of Education, 400 Maryland Avenue SW, Room 5058E, 
Potomac Center Plaza, Washington, DC 20202-5076.
    Privacy Note: The Department's policy is to make all comments 
received

[[Page 26624]]

from members of the public available for public viewing in their 
entirety on the Federal eRulemaking Portal at www.regulations.gov. 
Therefore, commenters should be careful to include in their comments 
only information that they wish to make publicly available.

FOR FURTHER INFORMATION CONTACT: For the National Technical Assistance 
Center on Improving Transition to Postsecondary Education and 
Employment for Students with Disabilities, CFDA number 84.326E, contact 
Selete Avoke, U.S. Department of Education, 400 Maryland Avenue SW, 
Room 5002, Potomac Center Plaza, Washington, DC 20202-5076. Telephone: 
202-245-7260. Email: [email protected]. Or contact Kristen Rhinehart-
Fernandez, U.S. Department of Education, 400 Maryland Avenue SW, Room 
5094, Potomac Center Plaza, Washington, DC 20202-5076. Telephone: 202-
245-6103. Email: [email protected].
    For the OSEP-funded Parent Training and Information Centers, CFDA 
number 84.328M, contact Carmen Sanchez, U.S. Department of Education, 
400 Maryland Avenue SW, Room 5162, Potomac Center Plaza, Washington, DC 
20202-5076. Telephone: 202-245-6595. Email: [email protected]; and
    For the RSA-funded Parent Information and Training Centers, CFDA 
number 84.235F, and the National Technical Assistance for Parent 
Training and Information Centers, CFDA number 84.235G, contact Tara 
Jordan, U.S. Department of Education, 400 Maryland Avenue SW, Room 
5058E, Potomac Center Plaza, Washington, DC 20202-5076. Telephone: 202-
245-7341. 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: 
    Invitation to Comment: We invite you to submit comments regarding 
this proposed waiver and extension. To ensure that your comments have 
maximum effect in developing the final waiver and extension, we urge 
you to identify clearly the specific grant or grants that each comment 
addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866, 13563, and 13771 and their 
overall requirement of reducing regulatory burden that might result 
from these proposed waivers and extensions. Please let us know of any 
further ways we could reduce potential costs or increase potential 
benefits while preserving the effective and efficient administration of 
the program.
    During and after the comment period, you may inspect all public 
comments about this proposed waiver and extension of the project period 
in Room 5059, 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

    We are proposing to extend 33 projects under three programs in 
order to align and coordinate all OSERS-funded training and technical 
assistance (TA) services focused on transition-age children and youth 
with disabilities and their families. The waivers and extensions would 
allow OSERS to align and coordinate, and improve the efficiency and 
cost-effectiveness of, direct training and technical assistance 
services focused on transition-age children and youth with disabilities 
and their families. In addition, the Department will consider 
approaches for improving coordination among programs that provide these 
services to more efficiently and effectively meet the needs of States, 
service providers, youth with disabilities, and families and to allow 
for efficient use of the funding available to support these activities.
    The projects that provide transition-age TA services (and other TA 
services for individuals with disabilities and their families) are:

The National Technical Assistance Center on Improving Transition to 
Postsecondary Education and Employment for Students With Disabilities 
(NTACT) (CFDA 84.326E)

    In September 2014, OSEP and RSA jointly made a 60-month award to 
the University of North Carolina at Charlotte to establish and operate 
the National Technical Assistance Center on Improving Transition to 
Postsecondary Education and Employment for Students with Disabilities. 
NTACT was funded under the TA and Dissemination Program as authorized 
under sections 663 and 681(d) of the Individuals with Disabilities 
Education Act (IDEA), 20 U.S.C. 1463 and 1481(d), and section 303(b) of 
the Rehabilitation Act of 1973, as amended by the Workforce Innovation 
and Opportunity Act (Rehabilitation Act), 29 U.S.C 793(b). The current 
project period ends on December 31, 2019.
    The purpose of the NTACT is to provide TA to State educational 
agencies (SEAs), local education agencies (LEAs), State vocational 
rehabilitation agencies (SVRAs), and other vocational rehabilitation 
(VR) service providers to implement evidence-based and promising 
practices and strategies to ensure that students with disabilities, 
including those with significant disabilities, graduate from high 
school with the knowledge, skills, and supports needed for success in 
postsecondary education and employment.
    Specifically, NTACT has five primary goals aligned with OSEP and 
RSA priorities:
    1. Youth and young adults with disabilities receive and participate 
in evidence-based and promising practices in secondary transition 
services and supports.
    2. SEAs and LEAs implement evidence-based and promising practices 
and strategies, including early warning and intervention systems to 
reduce dropout and increase graduation rates.
    3. Students with disabilities participate in career-related 
curricula so they are prepared for postsecondary employment and 
careers.
    4. Students with disabilities receive rigorous academic preparation 
so they are prepared for success in postsecondary education.
    5. SEAs, SVRAs, LEAs, and local VR offices use data-driven decision 
making to develop their respective plans and reports.

OSEP-Funded Parent Training and Information Centers (CFDA 84.328M)

    In September 2014, OSEP made twenty-three 60-month awards to the 
following entities to operate Parent Training and Information Centers 
(PTIs):

------------------------------------------------------------------------
                    Center                               State
------------------------------------------------------------------------
Raising Special Kids, Inc....................  AZ
Advocates for Justice and Education, Inc.....  DC
Parent Information Center of Delaware, Inc...  DE
Learning Disabilities Association of Hawaii..  HI
Access for Special Kids Resource Center, Inc.  IA
Idaho Parents Unlimited, Inc.................  ID

[[Page 26625]]

 
Indiana Resource Center for Families with      IN
 Special Needs.
Families Helping Families of Greater New       LA
 Orleans.
Federation for Children with Special Needs,    MA
 Inc.
PACER Center, Inc............................  MN
Missouri Parents Act (MPACT).................  MO
Mississippi Coalition for Citizens with        MS
 Disabilities.
Exceptional Children's Assistance Center, Inc  NC
NH Coalition for Citizens with Disabilities..  NH
Oklahoma Parents Center, Inc.................  OK
Parent Education and Advocacy Leadership       PA
 Center.
Rhode Island Parent Information Network......  RI
South Dakota Parent Connection, Inc..........  SD
Support & Training for Exceptional Parents,    TN
 Inc.
Parent Educational Advocacy Training Center..  VA
PAVE.........................................  WA
WVPTI, Inc...................................  WV
Parents Helping Parents of Wyoming, Inc......  WY
------------------------------------------------------------------------

    In June 2016, OSEP made a 36-month award to Learning Disabilities 
Associates of Hawaii to operate a PTI to serve the outlying areas and 
freely associated States in the Pacific (American Samoa, the Federated 
States of Micronesia, Guam, the Republic of the Marshall Islands, the 
Commonwealth of the Northern Mariana Islands, and the Republic of 
Palau).
    All 24 of the OSEP-funded PTIs are funded under the Training and 
Information for Parents of Children with Disabilities program as 
authorized under section 671 and 681(d) of IDEA, 20 U.S.C. 1463, and 
all current project periods end on September 30, 2019.
    The purpose of the OSEP-funded PTIs is to provide services designed 
to meet the information and training needs of parents of children with 
disabilities, and transition-age youth with disabilities. The OSEP-
funded PTIs were funded to help youth become effective self-advocates 
and provide parents with information, individual assistance, and 
training to enable them to: (a) Ensure that their children are included 
in general education classrooms and extracurricular activities with 
their peers; (b) help their children meet developmental and academic 
goals; (c) help their children meet challenging expectations 
established for all children, including college- and career-ready 
academic standards; and (d) prepare their children to achieve positive 
postsecondary outcomes that lead to lives that are as productive and 
independent as possible.
    Specifically, the OSEP-funded PTIs (a) inform parents of children 
with disabilities and youth with disabilities of how they can benefit 
from the services provided by the PTI; (b) provide high-quality 
services that increase parents' capacity to help their children with 
disabilities improve their early learning, school-aged, and 
postsecondary outcomes and increase youth's capacity to be effective 
self-advocates; and (c) work in partnership with any Community Parent 
Resource Centers (CPRCs) and any other PTIs funded in the State under 
sections 672 and 671 of IDEA, respectively, and local, State, and 
national organizations and agencies, such as protection and advocacy 
agencies and VR agencies, that serve children and youth with 
disabilities and their families.

RSA-Funded Parent Information and Training Centers (CFDA 84.235F)

    In September 2014, RSA made seven 60-month awards to the following 
entities to operate RSA-funded Parent Information and Training Centers 
(PTIs):

------------------------------------------------------------------------
                    Center                               State
------------------------------------------------------------------------
PEAK Parent Center...........................  CO.
Statewide Parent Advocacy Network............  NJ.
Open Doors for Multicultural Families........  WA.
Federation for Children with Special Needs,    MA.
 Inc.
Resources for Children with Special Needs,     NY.
 Inc.
PACER Center Inc.............................  MN.
Missouri Parents Act MPACT...................  MO.
------------------------------------------------------------------------

    These RSA-funded PTIs are funded under the Parent Information and 
Training Program as authorized under section 303(c) of the 
Rehabilitation Act. The current project periods end on September 30, 
2019.
    These RSA-funded PTIs are designed to meet the unique training and 
information needs of those individuals who live in the areas to be 
served, particularly those who are members of populations that have 
been unserved or underserved by programs under the Rehabilitation Act. 
The RSA-funded PTIs are geographically distributed to the extent 
possible throughout the country. The RSA-funded PTIs coordinate and 
work closely with the OSEP-funded PTIs and with the centers for 
independent living.
    The RSA-funded PTIs provide information and training to individuals 
with disabilities and their parents, family members, guardians, 
advocates, and other authorized representatives. Specifically, the RSA-
funded PTIs help individuals with disabilities and their families to: 
(a) Better understand VR and independent living programs and services; 
(b) provide follow-up support for transition services and employment 
programs; (c) communicate effectively with transition and 
rehabilitation personnel and other relevant professionals; (d) provide 
support in the development of individualized plans for employment; (e) 
provide support and expertise in obtaining information about 
rehabilitation and independent living programs, services, and resources 
that are appropriate; and (f) understand the provisions of the 
Rehabilitation Act, particularly provisions relating to employment, 
supported employment, and independent living.

National Technical Assistance for Parent Information and Training 
Centers (84.235G)

    In September 2014, RSA made one 60-month award to the Statewide 
Parent Advocacy Network (SPAN), New Jersey to establish and operate the 
national PTI TA center. The center is funded under the Parent 
Information and Training Program as authorized by section 303(c) of the 
Rehabilitation Act. The current project period ends on September 30, 
2019.
    The purpose of the national PTI TA Center is to ensure that the 
seven State-level PTI centers funded by RSA are providing consistent 
information and training to assist individuals with disabilities and 
their families, including youth with disabilities who are of transition 
age, achieve their employment and independent living goals.
    The national PTI TA Center also disseminates information on 
promising and evidence-based practices that lead to high-quality 
employment outcomes and independent living for individuals with 
disabilities; shares strategies for communicating effectively with 
individuals from culturally, ethnically, and linguistically diverse 
backgrounds; and coordinates the seven State-level PTI centers funded 
by RSA and the PTI centers funded by OSEP in disseminating information 
and training materials on transition services, VR, supported 
employment, independent living, and career development.

Waivers and Extensions

    We do not believe that it would be in the public interest to run 
competitions for these programs in FY 2019, because the Department is 
reviewing the alignment of its training and TA services focused on 
transition from high school to college, careers, and adult services for 
children and youth with disabilities and their families. During the 
remainder of FY 2019 the Department will consider approaches

[[Page 26626]]

for improving coordination among programs that provide these services 
to more efficiently and effectively meet the needs of States, service 
providers, youth with disabilities, and their families and to allow for 
more efficient use of the funding available to support these 
activities.
    The Department has also concluded that it would not be in the 
public interest to have a lapse in the critically needed resources 
currently provided by these programs. Allowing funding to lapse before 
the Department establishes a new, coordinated strategy for training and 
TA services would leave youth and families without access to critical 
services and assistance that ensure that students with disabilities, 
including those with significant disabilities, transition from K-12 
prepared for postsecondary success.
    For these reasons, the Secretary proposes to waive 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)(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 one-time FY 2019 continuation awards to the 
projects originally funded in FY 2014 and 2016, estimated as follows.

----------------------------------------------------------------------------------------------------------------
                CFDA                                           Recipient                              Amount
----------------------------------------------------------------------------------------------------------------
84.235F.............................  PEAK Parent Center........................................        $130,933
84.235F.............................  Statewide Parent Advocacy Network.........................         130,933
84.235F.............................  Open Doors for Multicultural Families.....................         130,845
84.235F.............................  Federation for Children with Special Needs, Inc...........         130,886
84.235F.............................  Resources for Children with Special Needs, Inc............         130,309
84.235F.............................  PACER Center Inc..........................................         130,000
84.235F.............................  Missouri Parents Act MPACT................................         130,929
84.235G.............................  Statewide Parent Advocacy Network.........................         250,000
84.326E.............................  University of North Carolina..............................         300,000
84.328M.............................  Raising Special Kids, Inc.................................         392,365
84.328M.............................  Advocates for Justice and Education, Inc..................         200,000
84.328M.............................  Parent Information Center of Delaware, Inc................         200,000
84.328M.............................  Learning Disabilities Association of Hawaii (Hawaii PTI)..         200,000
84.328M.............................  Access for Special Kids Resource Center, Inc..............         201,543
84.328M.............................  Idaho Parents Unlimited, Inc..............................         200,000
84.328M.............................  Indiana Resource Center for Families with Special Needs...         399,970
84.328M.............................  Families Helping Families of Greater New Orleans..........         290,932
84.328M.............................  Federation for Children with Special Needs, Inc...........         346,661
84.328M.............................  PACER Center, Inc.........................................         307,684
84.328M.............................  Missouri Parents Act (MPACT)..............................         358,058
84.328M.............................  Mississippi Coalition for Citizens with Disabilities......         213,590
84.328M.............................  Exceptional Children's Assistance Center, Inc.............         590,453
84.328M.............................  NH Coalition for Citizens with Disabilities...............         200,000
84.328M.............................  Oklahoma Parents Center, Inc..............................         236,936
84.328M.............................  Parent Education and Advocacy Leadership Center...........         695,235
84.328M.............................  Learning Disabilities Association of Hawaii (Pacific PTI).         200,000
84.328M.............................  Rhode Island Parent Information Network...................         200,000
84.328M.............................  South Dakota Parent Connection, Inc.......................         200,000
84.328M.............................  Support & Training for Exceptional Parents, Inc...........         386,028
84.328M.............................  Parent Educational Advocacy Training Center...............         462,823
84.328M.............................  PAVE......................................................         384,480
84.328M.............................  WVPTI, Inc................................................         200,000
84.328M.............................  Parents Helping Parents of Wyoming, Inc...................         200,000
----------------------------------------------------------------------------------------------------------------

    Any activities carried out during the year of this continuation 
award must be consistent with the scope, goals, and objectives of the 
grantees' applications as approved in either the 2014 or 2016 
competitions. The requirements for continuation awards are set forth 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 grantees 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

    These programs are 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 at www.govinfo.gov. At this

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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.

Johnny W. Collett,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2019-12016 Filed 6-6-19; 8:45 am]
BILLING CODE 4000-01-P