13110 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Notices 

regarding whether a school district is 

required to conduct additional testing of 

a child with a disability in order for that 

child to receive accommodations on the 

Scholastic Aptitude Test (SAT) or 

American College Test (ACT). 

Topic Addressed: Revocation of Consent 

Æ Letter dated August 21, 2009 to 

Virginia Assistant Superintendent for 

Special Education and Student Services 

H. Douglas Cox, regarding what LEAs 

are required to do when parents, both of 

whom have legal authority to make 

educational decisions for their child, 

disagree on the revocation of consent for 

special education and related services. 

Topic Addressed: Individualized 

Education Programs 

Æ Letter dated August 21, 2009 to 

Maryland Assistant State 

Superintendent for the Division of 

Special Education/Early Intervention 

Services Carol Ann Heath, denying the 

request to waive the requirement for a 

measurable postsecondary goal in 

employment for students with 

disabilities who have severe medical 

conditions and developmental needs 

and denying the State’s request to 

exclude data on this population of 

students when reporting on the relevant 

State Performance Plan/Annual 

Performance Report indicator. 

Section 615—Procedural Safeguards 

Topic Addressed: Discipline Procedures 

Æ Letter dated August 21, 2009 to 

New Jersey attorney Rotimi Owoh, 

clarifying when a LEA is required to 

conduct a manifestation determination 

review prior to a short-term disciplinary 

removal of a child with a disability. 

Other Letters That Do Not Interpret Idea 

But May Be of Interest to Readers 

Topic Addressed: Seclusion and 

Restraints 

Æ Letter dated July 31, 2009 to Chief 

State School Officers from Secretary of 

Education Arne Duncan, encouraging 

schools to review and, if appropriate, 

revise their current policies and 

guidelines on the use of seclusion and 

restraints in schools to ensure that every 

student is safe and protected from 

unnecessary or inappropriate restraint 

or seclusion. 

Electronic Access to This Document 

You can view this document, as well 

as all other Department of Education 

documents published in the Federal 

Register, in text or Adobe Portable 

Document Format (PDF) on the Internet 

at the following site: http://www.ed.gov/ 

news/fedregister/index.html. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

(Catalog of Federal Domestic Assistance 

Number 84.027, Assistance to States for 

Education of Children with Disabilities) 

Dated: March 12, 2010. 

Alexa Posny, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2010–5977 Filed 3–17–10; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Proposed Waivers for the 

Comprehensive Centers Program and 

Funding of Continuation Grants 

AGENCY: Office of Elementary and 

Secondary Education. 

ACTION: Notice. 

SUMMARY: The Secretary proposes to 

waive the requirements in 34 CFR 

75.250 and 75.261(c)(2) of the Education 

Department General Administrative 

Regulations (EDGAR) that, respectively, 

generally prohibit project periods 

exceeding five years and project period 

extensions involving the obligation of 

additional Federal funds. The proposed 

waivers would enable the 21 current 

eligible grantees under the 

Comprehensive Centers program to 

continue to receive Federal funding 

beyond the five-year limitation 

contained in 34 CFR 75.250. 

DATES: We must receive your comments 

on or before April 19, 2010. 

ADDRESSES: Address all comments about 

these proposed waivers to Frances 

Walter, U.S. Department of Education, 

400 Maryland Ave., SW., Room 3W113, 

Washington, DC 20202–2800. You may 

provide comments by e-mail addressed 

to fran.walter@ed.gov. You must include 

the term ‘‘Comprehensive Centers 

Program Waivers’’ in the subject line of 

your electronic message. 

FOR FURTHER INFORMATION CONTACT: 

Frances Walter. Telephone: (202) 205– 

9198 or via Internet: 

Fran.walter@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll-free, at 

1–800–877–8339. 

Individuals with disabilities can 

obtain this document in an accessible 

format (e.g., Braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: 

Invitation To Comment 

We invite you to submit comments 

regarding this notice of proposed 

waivers. 

During and after the comment period, 

you may inspect all public comments 

about this notice of proposed waivers in 

Room 3W113, 400 Maryland Avenue, 

SW., Washington, DC, between the 

hours of 8:30 a.m. and 4:00 p.m., 

Washington, DC time, Monday through 

Friday of each week, except Federal 

holidays. 

Assistance to Individuals With 

Disabilities in Reviewing the 

Rulemaking Record 

On request, we will supply an 

appropriate aid, such as a reader or 

print magnifier, to an individual with a 

disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for these proposed waivers. If 

you want to schedule an appointment 

for this type of aid, please contact the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Background 

Under the Comprehensive Centers 

program, the Department supports 

grants to operate regional technical 

assistance centers and national content 

centers as authorized by sections 203 

through 207 of the Educational 

Technical Assistance Act of 2002 

(ETAA) (20 U.S.C. 9602). The purpose 

of these centers is to provide technical 

assistance to States as States work to 

help local educational agencies (LEAs) 

and schools to close achievement gaps 

in core content areas and raise student 

achievement in schools, especially to 

help those in need of improvement (as 

defined by section 1116(b) of the 

Elementary and Secondary Act of 1965, 

as amended (ESEA)) in implementing 

the school improvement provisions 

under section 1116 of the ESEA. 

Eligible applicants for Comprehensive 

Center grants are research organizations, 

institutions, agencies, institutions of 

higher education, partnerships among 

such entities, or individuals, with the 

demonstrated ability or capacity to carry 

out the activities described in the notice 

inviting applications published in the 

Federal Register on June 3, 2005 (70 FR 

53283) and corrected on June 20, 2005 

(70 FR 35415). 

We do not believe it would be in the 

public interest to hold new 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Notices 13111 

competitions under the Comprehensive 

Centers program until after the Congress 

has completed the process of 

reauthorizing the ESEA and the ETAA 

since the primary work of the 

Comprehensive Centers is to help 

States, LEAs, and schools implement 

key school improvement provisions of 

the ESEA. We also have concluded that 

it would be contrary to the public 

interest to have a lapse in 

Comprehensive Centers projects 

pending these reauthorizations. For 

these reasons, the Secretary proposes to 

waive the requirements in 34 CFR 

75.250, which prohibit project periods 

exceeding five years, and the 

requirements in 34 CFR 75.261(c)(2), 

which limit the extension of a project 

period if the extension involves the 

obligation of additional Federal funds. 

With these waivers: (1) Current 

Comprehensive Centers grantees would 

receive FY 2010 funds and continue to 

operate through FY 2011 and possibly 

beyond, if Congress continues to 

appropriate funds for that purpose, and 

(2) we would not announce a new 

competition or make new awards under 

the Comprehensive Centers program in 

FY 2010. 

The proposed waivers of 34 CFR 

75.250 and 75.261(c)(2) would not affect 

the applicability of the requirements in 

34 CFR 75.253 (continuation of a multiyear project after the first budget period) 

to any current Comprehensive Centers 

grantee that receives a continuation 

award as a result of the waivers. 

In addition, these proposed waivers 

would not exempt current 

Comprehensive Centers grantees from 

the account-closing provisions in 31 

U.S.C. 1552(a), nor would they extend 

the availability of funds previously 

awarded to current Comprehensive 

Centers grantees. Under 31 U.S.C. 

1552(a), appropriated funds may be 

used for payment of valid obligations for 

only five years after the expiration of 

their period of availability for Federal 

obligation. After that time, the 

unexpended balance of those funds is 

canceled and returned to the U.S. 

Treasury Department and is unavailable 

for restoration for any purpose. The 

waivers proposed in this notice would 

not change this requirement. 

Making these waivers, therefore, 

would ensure that the important 

services provided by the current 

Comprehensive Centers grantees can be 

continued, as the Department works on 

reauthorization of the ETAA and ESEA 

and designs a Comprehensive Centers 

program that is clearly aligned with the 

Department’s technical assistance 

priorities. During this interim period the 

activities of the current Comprehensive 

Centers grantees would be modified to 

support the Department’s technical 

assistance priorities. 

We will announce the final waivers, 

if any, in a notice in the Federal 

Register. We will determine the final 

waivers after considering responses to 

this notice and other information 

available to the Department. 

Proposed Waivers—Comprehensive 

Centers Program 

The Secretary proposes to waive the 

requirements in 34 CFR 75.250 and 

75.261(c)(2), which prohibit project 

periods exceeding five years and 

extensions of project periods that 

involve the obligation of additional 

Federal funds, for the current 

Comprehensive Centers grantees. 

Regulatory Flexibility Act Certification 

The Secretary certifies that these 

proposed waivers would not have a 

significant economic impact on a 

substantial number of small entities. 

The small entities that would be 

affected by these proposed waivers are: 

(a) The FY 2005 grantees currently 

receiving Federal funds; and 

(b) The entities that are eligible for an 

award under the Comprehensive 

Centers program (i.e., research 

organizations, institutions, agencies, 

institutions of higher education, 

partnerships among such entities, or 

individuals, with the demonstrated 

ability or capacity to carry out the 

activities described in the notice 

inviting applications published in the 

Federal Register on June 3, 2005 (70 FR 

53283) and corrected on June 20, 2005 

(70 FR 35415)). 

The Secretary certifies that the 

proposed waivers would not have a 

significant economic impact on these 

entities because the proposed waivers 

and the activities required to support 

the additional years of funding would 

not impose excessive regulatory burdens 

or require unnecessary Federal 

supervision. The proposed waivers 

would impose minimal requirements to 

ensure the proper expenditure of 

program funds, including requirements 

that are standard for continuation 

awards. 

Paperwork Reduction Act of 1995 

This notice of proposed waivers does 

not contain any information collection 

requirements. 

Intergovernmental Review 

This program is subject to Executive 

Order 12372 and the regulations in 34 

CFR 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. 

Electronic Access to This Document 

You may view this document, as well 

as all other Department of Education 

documents published in the Federal 

Register, in text or Adobe Portable 

Document Format (PDF) on the Internet 

at the following site: www.ed.gov/news/ 

fedregister/index.html. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: www.gpoaccess.gov/nara/ 

index.html. 

(Catalog of Federal Domestic Assistance 

Number 84.283B, Comprehensive Centers 

Program). 

Program Authority: 20 U.S.C 99601– 

99608. 

Dated: March 12, 2010. 

Thelma Mele ́ndez de Santa Ana, 

Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. 2010–5978 Filed 3–17–10; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Office of Special Education and 

Rehabilitative Services Overview 

Information; National Institute on 

Disability and Rehabilitation Research 

(NIDRR)—Disability and Rehabilitation 

Research Projects and Centers 

Program—Advanced Rehabilitation 

Research Training (ARRT) Projects 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Notice reopening the Advanced 

Rehabilitation Research Training 

(ARRT) Projects fiscal year (FY) 2010 

competition. 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 84.133P–1. 

SUMMARY: On December 11, 2009, we 

published in the Federal Register (74 

FR 65765–65769) a notice inviting 

applications for the Advanced 

Rehabilitation Research Training 

Projects FY 2010 competition. The 

notice established a February 9, 2010 


sroberts on DSKD5P82C1PROD with NOTICES