Proposed Rule2026-11366
Proposed Waiver and Extension of the Project Period With Funding-Elementary and Secondary Education Act of 1965, as Amended, Title VI, Part B, Native Hawaiian Education
Primary source
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Published
June 5, 2026
Issuing agencies
Education Department
Abstract
The Secretary proposes to waive the requirements in the Education Department General Administrative Regulations (EDGAR) that generally prohibit project period extensions involving the obligation of additional Federal funds. The proposed waiver and extension would enable 21 projects under Assistance Listing Number (ALN) 84.362A to receive funding for up to one additional 12-month period, not to exceed September 30, 2027.
Full Text
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<title>Federal Register, Volume 91 Issue 108 (Friday, June 5, 2026)</title>
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[Federal Register Volume 91, Number 108 (Friday, June 5, 2026)]
[Proposed Rules]
[Pages 34186-34188]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11366]
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DEPARTMENT OF EDUCATION
34 CFR Chapter II
[ED-2026-OESE-2113]
Proposed Waiver and Extension of the Project Period With
Funding--Elementary and Secondary Education Act of 1965, as Amended,
Title VI, Part B, Native Hawaiian Education
AGENCY: Office of Elementary and Secondary Education (OESE), Department
of Education.
ACTION: Proposed waiver and extension of project period with funding.
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SUMMARY: The Secretary proposes to waive the requirements in the
Education Department General Administrative Regulations (EDGAR) that
generally prohibit project period extensions involving the obligation
of additional Federal funds. The proposed waiver and extension would
enable 21 projects under Assistance Listing Number (ALN) 84.362A to
receive funding for up to one additional 12-month period, not to exceed
September 30, 2027.
DATES: We must receive your comments on or before July 6, 2026.
ADDRESSES: Comments must be submitted via the Federal eRulemaking
Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. However, if you require an accommodation
or cannot otherwise submit your comments via <a href="http://www.regulations.gov">www.regulations.gov</a>,
please contact the program contact person listed under FOR FURTHER
INFORMATION CONTACT. The Department will not accept comments 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 <a href="http://www.regulations.gov">www.regulations.gov</a> to submit
your comments electronically. Information on using <a href="http://www.regulations.gov">www.regulations.gov</a>,
including instructions for accessing agency documents, submitting
comments, and viewing the docket, is available on the site under
``FAQ.''
Privacy Note: The Department's policy is generally to make comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>. Therefore, commenters should include in their
comments only information about themselves that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT: Joanne Osborne, U.S. Department of
Education, 400 Maryland Avenue SW, Washington, DC 20202-5076.
Telephone: (202) 401-1265. Email: <a href="/cdn-cgi/l/email-protection#470d2826292922690834252835292207222369202831"><span class="__cf_email__" data-cfemail="662c0907080803482915040914080326030248010910">[email protected]</span></a>.
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
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 notice of final waiver and extension,
we urge you to identify clearly the specific grantee or grantees
(listed in the table under the Background section) that each comment
addresses.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866, 13563, and 14192 and their
overall requirement of reducing regulatory burden that might result
from the proposed waiver and extension. 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 notice of proposed waiver and extension by
accessing <a href="http://regulations.gov">regulations.gov</a>.
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 the proposed waiver and extension. If you
want to schedule an appointment for this type of accommodation or
auxiliary aid, please contact the person listed under FOR FURTHER
INFORMATION CONTACT.
Background
Native Hawaiian Education (NHE), authorized under sections 6201-
6207 of the Elementary and Secondary Education Act of 1965, as amended
(ESEA), authorizes the Secretary to make grants to or enter into
contracts with Native Hawaiian organizations and other organizations to
support the development of innovative educational programs to assist
Native Hawaiians. Under section 6205(a)(2), the Secretary must
prioritize awarding grants to entities that propose projects designed
to address beginning reading and literacy among students in
kindergarten through third grade, the needs of at-risk children and
youth, needs in fields or disciplines in which Native Hawaiians are
underemployed, and the use of Hawaiian language in instruction. These
projects may include one or more of the activities authorized under
section 6205(a)(3).
On March 14, 2023, the Department of Education (Department)
published in the Federal Register a notice inviting applications (NIA)
for new awards for fiscal year (FY) 2023 for the Native Hawaiian
Education Program (88 FR 15689). A table listing the current 21
grantees from the FY 2023 cohort follows.
FY 2023 Awards Under ALN 84.362A
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PR award number Grantee name
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S362A230001.................. SUPPORTING THE LANGUAGE OF KAUAI INC.
S362A230003.................. PARTNERS IN DEVELOPMENT FOUNDATION.
S362A230004.................. UNIVERSITY OF HAWAII.
S362A230007.................. UNIVERSITY OF HAWAII.
S362A230008.................. UNIVERSITY OF HAWAII.
S362A230011.................. UNIVERSITY OF HAWAII.
S362A230012.................. UNIVERSITY OF HAWAII.
S362A230015.................. PARTNERS IN DEVELOPMENT FOUNDATION.
S362A230024.................. `AHA PUNANA LEO, INC.
S362A230028.................. DEPARTMENT OF EDUCATION HAWAII.
S362A230036.................. KULA NO NA PO[revaps]E HAWAI[revaps]I.
[[Page 34187]]
S362A230038.................. KANU O KA AINA LEARNING OHANA.
S362A230042.................. MALAMA HONUA PUBLIC CHARTER SCHOOL
FOUNDATION.
S362A230047.................. UNIVERSITY OF HAWAII.
S362A230051.................. CONSORTIUM FOR HAWAI[revaps]I ECOLOGICAL
ENGINEERING EDUCATION.
S362A230055.................. UNIVERSITY OF HAWAII.
S362A230064.................. INSTITUTE FOR NATIVE PACIFIC EDUCATION
AND CULTURE.
S362A230068.................. KANEHUNAMOKU VOYAGING ACADEMY.
S362A230070.................. EDUCATIONAL SERVICES HAWAII FOUNDATION.
S362A230075.................. PARTNERS IN DEVELOPMENT FOUNDATION.
S362A230081.................. PARTNERS IN DEVELOPMENT FOUNDATION.
------------------------------------------------------------------------
The current project period for these FY 2023 cohort grantees ends
on August 31, 2026.
Waivers and Extensions
The Department proposes to extend the project period for the 21
current NHE program grantees for up to one additional 12-month period.
This proposed waiver would maximize continuity of services to those
that the Native Hawaiian Education Program serves and support grantees
through an efficient process that enables them to continue operating
their current, approved projects for up to an additional one budget
period with additional funding.
We have concluded that it would be contrary to the public interest
to have a lapse in the work of current NHE program grantees while the
Department considers changes to the NHE program. As such, the Secretary
proposes to waive the requirement in 34 CFR 75.261(b)(2), which limits
the extension of a project period if the extension involves the
obligation of additional Federal funds. The waiver would allow the
Department to issue continuation awards to current NHE grantees in FY
2026.
This action would allow the current NHE grantees to submit a
request for continuation funding in FY 2026, provided grantees have
certified that they have the capacity to continue activities. Any
activities carried out under these continuation awards must be
consistent with, or a logical extension of, the scope, goals, and
objectives of the grantee's application as approved in the FY 2023
competition. The requirements for continuation determinations are set
forth in 34 CFR 75.253, the 2023 Notice, and this Notice. Specifically,
in making a continuation award determination under 34 CFR 75.253, the
Secretary considers, among other things: whether a grantee has made
substantial progress in achieving the goals and objectives of the
project; whether the grantee has expended funds in a manner that is
consistent with its approved application and budget; if the Secretary
has established performance measurement requirements, whether the
grantee has made substantial progress in achieving the performance
targets in the grantee's approved application; or whether the
continuation of the project is in the best interest of the Federal
Government.
In making a continuation award determination, the Secretary also
considers whether the grantee is operating in compliance with the
assurances in its approved application, including those applicable to
Federal civil rights laws that prohibit discrimination in programs or
activities receiving Federal financial assistance from the Department
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23). In making any
continuation award determination, the Secretary may consider all
relevant information.
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.
Regulatory Flexibility Act Certification
The Secretary certifies that this proposed waiver and extension of
the project period would not have a significant economic impact on a
substantial number of small entities.
The entities that would be affected by this proposed waiver and
extension are:
(a) The 21 awarded FY 2023 grantees currently receiving Federal
funds, which consist of Native Hawaiian educational organizations,
Native Hawaiian community-based organizations, public and private
nonprofit organizations, agencies, and institutions with experience in
developing or operating Native Hawaiian programs or programs of
instruction in the Native Hawaiian language, charter schools, and
consortia of the organizations, agencies, and institutions to carry out
programs that meet the purposes of the NHE program; and
(b) Native Hawaiian educational organizations, Native Hawaiian
community-based organizations, public and private nonprofit
organizations, agencies, and institutions with experience in developing
or operating Native Hawaiian programs or programs of instruction in the
Native Hawaiian language, charter schools, and consortia of the
organizations, agencies, and institutions to carry out programs that
meet the purposes of the NHE program that otherwise would have been
eligible to apply for an award in FY 2026 under the NHE program if the
Department had held a competition.
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.
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
[[Page 34188]]
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 via the Federal Digital System at: <a href="http://www.govinfo.gov">www.govinfo.gov</a>.
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>.
Kirsten Baesler,
Assistant Secretary, Office of Elementary and Secondary Education.
[FR Doc. 2026-11366 Filed 6-4-26; 8:45 am]
BILLING CODE 4000-01-P
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