Rule2021-15162
Final Waiver and Extension of the Project Periods for the Equity Assistance Centers Grant Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 16, 2021
Effective
July 16, 2021
Issuing agencies
Education Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 134 (Friday, July 16, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="/cdn-cgi/l/email-protection#115475667063753f477865747d7d785174753f767e67"><span class="__cf_email__" data-cfemail="d792b3a0b6a5b3f981bea3b2bbbbbe97b2b3f9b0b8a1">[email protected]</span></a>.
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.
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FY 2016 awards under ALN 84.004D Project information
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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.
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Title of policy directive Date signed by President Biden
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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.
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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 <a href="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/">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/</a>, 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.
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Estimated
Project information amount
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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 <a href="http://www.govinfo.gov">www.govinfo.gov</a>. 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
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. 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]
BILLING CODE 4000-01-P
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