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

Citation86 FR 15829
Record Number2021-06117
Published date25 March 2021
SectionProposed rules
CourtEducation Department
Federal Register, Volume 86 Issue 56 (Thursday, March 25, 2021)
[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
                [Proposed Rules]
                [Pages 15829-15830]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-06117]
                [[Page 15829]]
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                DEPARTMENT OF EDUCATION
                34 CFR Chapter II
                [DOCKET ID ED-2021-OESE-0037]
                Proposed 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: Proposed waiver and extension of project periods.
                -----------------------------------------------------------------------
                SUMMARY: The Secretary proposes 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 four projects under
                Assistance Listing Number (ALN) 84.004D to receive funding for an
                additional period, not to exceed September 30, 2022.
                DATES: We must receive your comments on or before April 26, 2021.
                ADDRESSES: Submit your comments through the Federal eRulemaking Portal
                or via postal mail, commercial delivery, or hand delivery. We will not
                accept comments submitted by fax or by email or those 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 www.regulations.gov to
                submit your comments electronically. Information on using
                Regulations.gov, including instructions for accessing agency documents,
                submitting comments, and viewing the docket, is available on the site
                under ``FAQ.''
                 Postal Mail, Commercial Delivery, or Hand Delivery: If you
                mail or deliver your comments, address them to Ed Vitelli, U.S.
                Department of Education, 400 Maryland Avenue SW, Room 3E106,
                Washington, DC 20202.
                 Privacy Note: The Department's policy is to make all comments
                received from members of the public available for public viewing in
                their entirety on the Federal eRulemaking Portal at
                www.regulations.gov. Therefore, commenters should be careful to include
                in their comments only information that they wish to make publicly
                available.
                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:
                 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 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 and 13563 and their overall
                requirement of reducing regulatory burden that might result from these
                proposed waivers and extensions. 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 proposed waiver and extension of the project period
                by accessing Regulations.gov. Due to the current COVID-19 public health
                emergency, the Department buildings are not open to the public.
                However, upon reopening, you may also inspect the comments in person at
                400 Maryland Avenue SW, Room 3E106, Washington, DC, between the hours
                of 8:30 a.m. and 4:00 p.m., Eastern Time, Monday through Friday of each
                week except Federal holidays.
                 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 this proposed waiver and extension. If you
                want to schedule an appointment for this type of aid, please contact
                the person listed under FOR FURTHER INFORMATION CONTACT.
                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 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 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).
                ------------------------------------------------------------------------
                [[Page 15830]]
                 The EACs' project periods started on October 1, 2016, and will end
                on September 30, 2021.
                Waivers and Extensions
                 The Department proposes to extend the four EAC projects to ensure
                the continuity of services provided by the projects to vulnerable
                populations, schools, and school districts across the country as the
                effects of the COVID-19 pandemic unfold, and as learning recovery and
                school reentry efforts intensify over the course of the current and
                subsequent school years.
                 The Department also proposes to extend the four EAC projects 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.
                ------------------------------------------------------------------------
                 Date signed by
                 Title of policy directive President Biden
                ------------------------------------------------------------------------
                Executive Order 13985: Advancing Racial Equity January 20, 2021.
                 and Support for Underserved Communities Through
                 the Federal Government.
                Executive Order 13988: Preventing and Combating January 20, 2021.
                 Discrimination on the Basis of Gender Identity
                 or Sexual Orientation.
                Memorandum: Condemning and Combating Racism, January 26, 2021.
                 Xenophobia, and Intolerance Against Asian
                 Americans and Pacific Islanders in the United
                 States.
                Executive Order 14012: Restoring Faith in Our February 2, 2021.
                 Legal Immigration Systems and Strengthening
                 Integration and Inclusion Efforts for New
                 Americans.
                ------------------------------------------------------------------------
                 These policy directives instruct the Federal Government to pursue a
                comprehensive approach to advancing equity for all, to prevent and
                combat discrimination on the basis of gender identity or sexual
                orientation, to ensure that laws and policies encourage full
                participation by immigrants, including refugees, in our civic life, to
                ensure that the Federal Government eliminates sources of fear and other
                barriers that prevent immigrants from accessing government services
                available to them, and to combat xenophobia and intolerance against
                Asian Americans and Pacific Islanders.
                 For these reasons, 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 proposes to waive 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 currently funded EAC projects.
                 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 proposed 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 proposed waiver and extension of the project period are
                the current grantees.
                 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.
                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.
                 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.
                Ruth Ryder,
                Deputy Assistant Secretary for Policy and Programs, Office of
                Elementary and Secondary Education.
                [FR Doc. 2021-06117 Filed 3-24-21; 8:45 am]
                BILLING CODE 4000-01-P
                

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