[Federal Register Volume 86, Number 134 (Friday, July 16, 2021)]
[Rules and Regulations]
[Pages 37679-37681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15162]


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DEPARTMENT OF EDUCATION

34 CFR Chapter II


Final Waiver and Extension of the Project Periods for the Equity 
Assistance Centers Grant Program

AGENCY: Office of Elementary and Secondary Education (OESE), Department 
of Education.

ACTION: Final waiver and extension of project periods.

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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 four projects under Assistance Listing Number (ALN) 
84.004D to receive funding for an additional period, not to exceed 
September 30, 2022.

DATES: The waiver and extension of the project periods are effective 
July 16, 2021.

FOR FURTHER INFORMATION CONTACT: Ed Vitelli, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E106, Washington, DC 20202. 
Telephone: 202-453-6203. 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:

Background

    On July 18, 2016, the Department of Education (Department) 
published in the Federal Register (81 FR 46820) a notice inviting 
applications for four projects for fiscal year (FY) 2016 under the 
Equity Assistance Centers (EAC) program, authorized under title IV of 
the Civil Rights Act of 1964, 42 U.S.C. 2000c-2000c-2, 2000c-5.
    The purpose of the EAC projects is to provide technical assistance 
(including training) at the request of school boards and other 
responsible governmental agencies in the preparation, adoption, and 
implementation of plans for the desegregation of public schools, and in 
the development of effective methods of coping with special educational 
problems occasioned by desegregation. Desegregation assistance, per 34 
CFR 270.4, may include, among other activities: (1) Dissemination of 
information regarding effective methods of coping with special 
educational problems occasioned by desegregation; (2) assistance and 
advice in coping with

[[Page 37680]]

these problems; and (3) training designed to improve the ability of 
teachers, supervisors, counselors, parents, community members, 
community organizations, and other elementary or secondary school 
personnel to deal effectively with special educational problems 
occasioned by desegregation. All four EAC projects provide technical 
assistance (including training) in all four of the desegregation 
assistance areas: Race, sex, national origin, and religion. A table 
listing the FY 2016 EAC projects follows.

------------------------------------------------------------------------
 FY 2016 awards under ALN 84.004D            Project information
------------------------------------------------------------------------
S004D160012.......................  Mid-Atlantic Equity Consortium,
                                     Bethesda, MD, Project: Center for
                                     Education Equity.
S004D160005.......................  Intercultural Development Research
                                     Association, San Antonio, TX,
                                     Project: IDRA Equity Assistance
                                     Center South.
S004D160011.......................  Indiana University, Indianapolis,
                                     IN, Project: Midwest and Plains
                                     Equity Assistance Center.
S004D160004.......................  Metropolitan State University of
                                     Denver, Denver, CO, Project:
                                     Western Educational Equity
                                     Assistance Center (WEEAC).
------------------------------------------------------------------------

    The EACs' project periods started on October 1, 2016 and will end 
on September 30, 2021.
    On January 13, 2021, the Department published in the Federal 
Register (86 FR 2653) a notice inviting applications for an FY 2021 EAC 
competition (FY 2021 NIA).
    However, as the effects of the COVID-19 pandemic unfolded and as 
learning recovery and school reentry efforts intensified, the 
Department sought to ensure the continuity of services provided by the 
FY 2016 EAC projects to vulnerable populations, schools, and school 
districts across the country. The Department also sought to ensure that 
the next EAC grant competition is, to the extent statutorily permitted, 
aligned with the Biden Administration's policy directives, including, 
for example, the Executive orders and memorandum included in the table 
below.

------------------------------------------------------------------------
       Title of policy directive         Date signed by President Biden
------------------------------------------------------------------------
Executive Order 13985: Advancing        January 20, 2021.
 Racial Equity and Support for
 Underserved Communities Through the
 Federal Government.
Executive Order 13988: Preventing and   January 20, 2021.
 Combating Discrimination on the Basis
 of Gender Identity or Sexual
 Orientation.
Memorandum: Condemning and Combating    January 26, 2021.
 Racism, Xenophobia, and Intolerance
 Against Asian Americans and Pacific
 Islanders in the United States.
Executive Order 14012: Restoring Faith  February 2, 2021.
 in Our Legal Immigration Systems and
 Strengthening Integration and
 Inclusion Efforts for New Americans.
------------------------------------------------------------------------

    To ensure the continuity of services, and to allow the Department 
the opportunity to consider how best to align the EAC program with 
these Executive orders, to the extent statutorily permitted, the 
Department published on March 4, 2021 in the Federal Register (86 FR 
12664) a notice withdrawing the FY 2021 NIA and cancelling the FY 2021 
EAC competition. On March 25, 2021, the Department published in the 
Federal Register (86 FR 15829) a notice of proposed waiver and 
extension, in which it proposed 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 the four FY 2016 EAC 
projects to receive funding for one additional period, not to exceed 
September 30, 2022.
    Public Comment: In response to our invitation of public comment in 
the notice of proposed waiver and extension, one party submitted a 
responsive comment. An analysis of the comment follows.
    Comment: One commenter stated that three of the four FY 2016 EAC 
projects should not receive a waiver and extension because they have 
not demonstrated transparency and results related to their work in the 
EAC program. With respect to one of these projects, the commenter cited 
transactions that it contended constituted conflicts of interest or 
created the appearance of fiscal impropriety.
    Discussion: The Department encourages the commenter to visit the 
Department's EAC performance web page, located at https://oese.ed.gov/offices/office-of-formula-grants/program-and-grantee-support-services/training-and-advisory-services-equity-assistance-centers/performance-training-and-advisory-services-equity-assistance-centers/, to find 
current performance data for the four FY 2016 EAC projects. In 
accordance with the applicable requirements for continuation funding in 
34 CFR 75.253, the Department monitored and reviewed the performance of 
the FY 2016 EAC projects, which, included, where appropriate, examining 
allegations of potential conflicts of interest and fiscal impropriety, 
and determined that all FY 2016 EAC projects demonstrated that they 
made substantial progress in achieving the goals and objectives of 
their grants, and in meeting their performance measures and targets 
within the scope of their approved projects. The Department also notes 
that all FY 2016 EAC projects have made their most recent single audits 
publicly available, in accordance with Federal grant regulations. 
Accordingly, the Department has concluded that continuation of the 
projects is in the best interest of the Federal Government.
    Changes: None.

Final Waivers and Extensions

    The Department believes it is in the best interest of the public to 
extend the current EAC project periods for one year. Correspondingly, 
the Secretary waives 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 permit the extension of a project 
period only if the extension does not involve the obligation of 
additional Federal funds. The waiver will permit the Department to 
issue a FY 2021 continuation award to each of the four

[[Page 37681]]

currently funded EAC projects, as estimated in the table below.

------------------------------------------------------------------------
                                                             Estimated
                   Project information                        amount
------------------------------------------------------------------------
Mid-Atlantic Equity Consortium, Project: Center for           $1,640,562
 Education Equity.......................................
Intercultural Development Research Association, Project:       1,641,567
 IDRA Equity Assistance Center South....................
Indiana University, Project: Midwest and Plains Equity         1,607,310
 Assistance Center......................................
Metropolitan State University of Denver, Project:              1,642,170
 Western Educational Equity Assistance Center (WEEAC)...
------------------------------------------------------------------------

    Please note that the Department is not bound by the estimates in 
this table.
    Any activities carried out under these continuation awards must be 
consistent with the scope and objectives of the grantees' applications 
as approved in the FY 2016 competition. The requirements for 
continuation awards are set forth in 34 CFR 75.253.

Regulatory Flexibility Act Certification

    The Secretary certifies that the 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 waiver and extension of the project period are the 
current grantees. The Secretary certifies that the 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 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 notification of our 
specific plans and actions for this program.
    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    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.

Ian Rosenblum,
Deputy Assistant Secretary for Policy and Programs Delegated the 
Authority to Perform the Functions and Duties of the Assistant 
Secretary, Office of Elementary and Secondary Education.
[FR Doc. 2021-15162 Filed 7-15-21; 8:45 am]
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