Final 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

Issuing agencies

Abstract

The Secretary waives the requirements in the Education Department General Administrative Regulations (EDGAR) that generally prohibit project period extensions involving the obligation of additional Federal funds. The final waiver and extension would allow 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 163 (Tuesday, August 25, 2026)</title>
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[Federal Register Volume 91, Number 163 (Tuesday, August 25, 2026)]
[Rules and Regulations]
[Pages 54812-54813]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17353]


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DEPARTMENT OF EDUCATION

34 CFR Chapter II

[ED-2026-OESE-2113]


Final 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: Final waiver and extension of the project period with funding.

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SUMMARY: The Secretary waives the requirements in the Education 
Department General Administrative Regulations (EDGAR) that generally 
prohibit project period extensions involving the obligation of 
additional Federal funds. The final waiver and extension would allow 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: This waiver and extension is effective August 25, 2026.

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#eaa0858b84848fc4a599888598848faa8f8ec48d859c"><span class="__cf_email__" data-cfemail="6822070906060d46271b0a071a060d280d0c460f071e">[email&#160;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:

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 NHE Program (88 FR 
15689).
    On June 5, 2026, the Department published a notice in the Federal 
Register (91 FR 34186) proposing a waiver and extension of the project 
period with funding (proposed waiver and extension) that would allow 21 
FY 2023 grants under ALN 84.362A to receive funding for up to one 
additional 12-month period, not to exceed September 30, 2027. The 
proposed waiver and extension contained background information and our 
reasons for the proposal.
    There are no differences between the proposed waiver and extension 
and this notice of final waiver and extension of the project period 
with funding (final waiver and extension).
    Public Comment: In response to our invitation in the proposed 
waiver and extension, the Department received 29 comments.
    Generally, we do not address technical and other minor changes. In 
addition, we do not address general comments not directly related to 
the proposed waiver and extension.

Analysis of Comments and Changes

    An analysis of the comments and any changes in the final waiver and 
extension since publication of the proposed waiver and extension 
follows.
    Of the 29 comments received, all were in support of the waiver.
    Comment: All comments received were supportive of the waiver and 
extension, with no comments opposing the action. Commenters emphasized 
the additional 12 months of funding is needed to prevent interruptions 
in service while preserving the continuity of successful NHE projects. 
Stakeholders highlighted the importance of maintaining early childhood 
education, teacher preparation, literacy, social-emotional learning, 
health and wellness initiatives, and community-based supports that have 
demonstrated positive outcomes for the students, families, and 
communities served by NHE projects. Several commenters also noted that 
a lapse in funding now would disrupt trusted partnerships, result in 
the loss of

[[Page 54813]]

experienced educators and staff, and jeopardize long-term educational 
progress.
    Discussion: We appreciate the commenters' support for this waiver.
    Changes: None.

Final Waiver and Extension of the Project Period With Funding

    In the proposed waiver and extension, we discussed the background 
and purposes of the NHE program and our reasons for proposing the 
waiver and extension. As outlined in that document, providing up to 12 
additional months of funding 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 12 additional 
months.
    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 
Secretary considers changes to the NHE program.
    Therefore, the Secretary waives the requirements 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.
    Under this waiver--
    (1) Current FY 2023 grantees are authorized to receive continuation 
determinations and awards annually for one additional 12-month period 
at an amount consistent with the amount awarded to each grantee in FY 
2025.
    (2) The Department is not announcing a new competition in FY 2026.
    (3) During the extension period, any activities carried out must be 
consistent with, or be a logical extension of, the scope, goals, and 
objectives of the grantees' approved application from the FY 2023 NHE 
program competition.
    (4) Each grantee that receives a continuation determination and 
award must also continue to comply with the requirements established in 
the statute and the FY 2023 notice inviting applications for the NHE 
program (88 FR 15689).
    The waiver of 34 CFR 75.261(b)(2) will not affect the applicability 
of the requirements in 34 CFR 75.253 (continuation of a multi-year 
project after the first budget period) to any current NHE program 
grantee that receives a continuation award as a result of the waiver.

Intergovernmental Review

    This action is subject to Executive Order 12372 and the regulations 
in 34 CFR part 79.

Regulatory Flexibility Act Certification

    The Secretary certifies that the final waiver and extension would 
not have a significant economic impact on a substantial number of small 
entities.
    The entities that would be affected by this final waiver and 
extension are:
    (a) The FY 2023 grantees currently receiving NHE program funds; and
    (b) Entities that otherwise would have been eligible to apply for 
an award in FY 2026 under the NHE program if the Department had held 
that competition.
    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.
    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 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. 2026-17353 Filed 8-24-26; 8:45 am]
BILLING CODE 4000-01-P


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