[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Rules and Regulations]
[Pages 47433-47437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19554]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2019-OSERS-0044]


Final 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: Final waiver and extension of project periods.

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

SUMMARY: The Secretary waives 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 waiver and 
extension enable 33 projects under Catalog of Federal Domestic 
Assistance (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: The waiver and extension of the project periods are effective 
September 10, 2019.

FOR FURTHER INFORMATION CONTACT: For the National Technical Assistance 
Center on Improving Transition to Postsecondary Education and 
Employment for Students with Disabilities (NTACT), 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.

[[Page 47434]]

Telephone: 202-245-6103. Email: [email protected].
    For the Office of Special Education Programs (OSEP)--funded Parent 
Training and Information Centers (PTIs), 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].
    For the Rehabilitation Services Administration (RSA)--funded Parent 
Information and Training Centers (PTIs), CFDA number 84.235F, and the 
National Technical Assistance for Parent Information and Training 
Centers (national PTI TA center), 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: On June 7, 2019, we published a document in 
the Federal Register (84 FR 26623) proposing an extension of project 
period and a waiver of the requirements in 34 CFR 75.250, which 
prohibit project periods exceeding five years, as well as a waiver of 
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, in order to enable the 
Secretary to provide additional funds to 33 projects under CFDA numbers 
84.326E, 84.328M, 84.235F, and 84.235G for an additional period, not to 
exceed September 30, 2020.
    Background: We are extending 33 projects under four programs in 
order to align and coordinate all OSERS-funded training and TA services 
focused on transition-age children and youth with disabilities and 
their families. The waiver and extensions allow OSERS to align and 
coordinate, and improve the efficiency and cost-effectiveness of, 
direct training and TA services focused on transition-age children and 
youth with disabilities and their families. In addition, the Department 
of Education (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 NTACT. 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 
773(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 educational 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 rates 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, LEAs, SVRAs, 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 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
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 sections 671 and 681(d) of IDEA, 20 U.S.C. 1463 and 
1481(d), 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

[[Page 47435]]

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 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, Inc  NY
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, to 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 PTIs funded by RSA 
and the PTIs funded by OSEP in disseminating information and training 
materials on transition services, VR, supported employment, independent 
living, and career development.
    Public Comment: In response to our invitation in the notice of 
proposed waiver and extension of the project periods, 21 parties 
submitted responsive comments. Generally, we do not address technical 
and other minor changes. In addition, we do not address general 
comments that raise concerns not directly related to the proposed 
waiver and extension.
    There are no substantive differences between the proposed waiver 
and extension and this final waiver and extension, other than updated 
estimates of the award amounts, as discussed below.

Analysis of Comments and Changes

    Comment: Twenty of the 21 commenters provided favorable and 
supportive comments regarding the proposed waiver and extension of the 
project periods. These commenters expressed appreciation for the work 
carried out by these projects. Many of these commenters also noted that 
since competing the centers late in the fiscal year (FY) is 
impractical, the extension allows potential applicants to develop more 
responsive applications in FY 2020.
    Discussion: We thank these commenters for their support of 
extending the project periods, and we agree that extending the project 
periods will allow for better and more responsive applications for all 
of these projects in FY 2020.
    Changes: None.
    Comment: One commenter stated that they did not support the 
extension of the project periods for the OSEP-funded PTIs, expressing 
their concern that the centers in some States had become complacent and 
requesting that OSEP hold a competition in order to allow more 
responsive organizations to apply for the grants.
    Discussion: OSEP intends to compete PTIs in all States in FY 2020. 
In addition, as other commenters noted, competing the centers this late 
in the fiscal year would be impractical and less likely to generate new 
applicants. OSEP project officers will continue to monitor the projects 
to ensure high-quality services are provided to parents and families.
    Changes: None.

Final 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

[[Page 47436]]

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 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 waives 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 for 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 one-time FY 2019 continuation awards to the 
projects originally funded in FY 2014 and FY 2016, as follows, with 
estimates updated from the notice of proposed waiver and extension of 
project periods to reflect the most recent information available: \1\
---------------------------------------------------------------------------

    \1\ We note that only the funding amount for 84.326E has changed 
from the notice of proposed waiver and extension of project periods. 
The $78,000 increase is based on subsequent discussions with the 
grantee and is necessary to accomplish remaining project goals and 
objectives during the period of the extension. The updated funding 
level is below the $2,500,000 the grantee received in each year 
since FY 2014.

------------------------------------------------------------------------
           CFDA                       Recipient               Amount
------------------------------------------------------------------------
84.235F...................  PEAK Parent Center..........        $130,933
84.235F...................  Statewide Parent Advocacy            130,933
                             Network.
84.235F...................  Open Doors for Multicultural         130,845
                             Families.
84.235F...................  Federation for Children with         130,886
                             Special Needs, Inc.
84.235F...................  Resources for Children with          130,309
                             Special Needs, Inc.
84.235F...................  PACER Center Inc............         130,000
84.235F...................  Missouri Parents Act MPACT..         130,929
84.235G...................  Statewide Parent Advocacy            250,000
                             Network.
84.326E...................  University of North Carolina         378,000
84.328M...................  Raising Special Kids, Inc...         392,365
84.328M...................  Advocates for Justice and            200,000
                             Education, Inc.
84.328M...................  Parent Information Center of         200,000
                             Delaware, Inc.
84.328M...................  Learning Disabilities                200,000
                             Association of Hawaii
                             (Hawaii PTI).
84.328M...................  Access for Special Kids              201,543
                             Resource Center, Inc.
84.328M...................  Idaho Parents Unlimited, Inc         200,000
84.328M...................  Indiana Resource Center for          399,970
                             Families with Special Needs.
84.328M...................  Families Helping Families of         290,932
                             Greater New Orleans.
84.328M...................  Federation for Children with         346,661
                             Special Needs, Inc.
84.328M...................  PACER Center, Inc...........         307,684
84.328M...................  Missouri Parents Act (MPACT)         358,058
84.328M...................  Mississippi Coalition for            213,590
                             Citizens with Disabilities.
84.328M...................  Exceptional Children's               590,453
                             Assistance Center, Inc.
84.328M...................  NH Coalition for Citizens            200,000
                             with Disabilities.
84.328M...................  Oklahoma Parents Center, Inc         236,936
84.328M...................  Parent Education and                 695,235
                             Advocacy Leadership Center.
84.328M...................  Learning Disabilities                200,000
                             Association of Hawaii
                             (Pacific PTI).
84.328M...................  Rhode Island Parent                  200,000
                             Information Network.
84.328M...................  South Dakota Parent                  200,000
                             Connection, Inc.
84.328M...................  Support & Training for               386,028
                             Exceptional Parents, Inc.
84.328M...................  Parent Educational Advocacy          462,823
                             Training Center.
84.328M...................  PAVE........................         384,480
84.328M...................  WVPTI, Inc..................         200,000
84.328M...................  Parents Helping Parents of           200,000
                             Wyoming, Inc.
------------------------------------------------------------------------

    Any activities carried out during the year of these continuation 
awards 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.

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)). All but one of 
the comments we received supported the proposed waiver and extension, 
and we have not made any substantive changes to the proposed waiver and 
extension. A delayed effective date would be contrary to public 
interest because we would not be able to ensure there is not a lapse in 
TA services currently provided by the projects. Therefore, the 
Secretary waives the delayed effective date provision for good cause.

Regulatory Flexibility Act Certification

    The Secretary certifies that the waiver and extension of the 
project periods will not have a significant economic impact on a 
substantial number of small entities. The only entities that will be 
affected by the waiver and extension of the project periods are the 
current grantees and any other potential applicants. Additionally, the 
extension of an existing project period imposes minimal compliance 
costs, and the activities required to support the additional year of 
funding will not

[[Page 47437]]

impose additional regulatory burdens or require unnecessary Federal 
supervision.

Paperwork Reduction Act of 1995

    This final waiver and extension of the project periods 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. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. 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.

Johnny W. Collett,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2019-19554 Filed 9-9-19; 8:45 am]
BILLING CODE 4000-01-P