```

[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Rules and Regulations]
[Pages 33228-33230]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13070]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

34 CFR Chapter III

Final Waiver and Extension of the Project Period for the National 
Dropout Prevention Center for Students With Disabilities

[Catalog of Federal Domestic Assistance (CFDA) Number: 84.326W.]

AGENCY: Office of Special Education Programs, Office of Special 
Education and Rehabilitative Services, Department of Education.

ACTION: Final waiver and extension of the project period.

-----------------------------------------------------------------------

SUMMARY: The Secretary waives the requirements in the Education 
Department General Administrative Regulations that generally prohibit 
project periods exceeding five years and extensions of project periods 
involving the obligation of additional Federal funds. This waiver and 
extension of the project period enables the currently funded National 
Dropout Prevention Center for Students with Disabilities (Center) to 
receive funding from October 1, 2013, through September 30, 2014.

DATES: The waiver and extension of the project period are effective 
June 4, 2013.

FOR FURTHER INFORMATION CONTACT: Selete Avoke, U.S. Department of 
Education, 400 Maryland Avenue SW., room 4158, Potomac Center Plaza, 
Washington, DC 20202-2600. Telephone: (202) 245-7260.
    If you use a telecommunications device for the deaf or a text 
telephone, call the Federal Relay Service, toll free, at 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: 
    On February 20, 2013, we published a notice in the Federal Register 
(78 FR 11803) proposing an extension of project period and a waiver of 
34 CFR 75.250 and 75.261(a) and (c)(2) in order to--
    (1) Enable the Secretary to provide additional funds to the 
currently funded Center for an additional 12-month period, from October 
1, 2013, through September 30, 2014; and
    (2) Request comments on the proposed extension of project period 
and waiver.

[[Page 33229]]

    There are no substantive differences between the proposed waiver 
and extension and this final waiver and extension.

Public Comment

    In response to our invitation in the notice of proposed waiver and 
extension of the project period, we did not receive any substantive 
comments. Generally, we do not address comments that raise concerns not 
directly related to the proposed waiver and extension of project 
period.

Background

    On June 23, 2008, the Department published a notice in the Federal 
Register (73 FR 35376) inviting applications for new awards for fiscal 
year (FY) 2008 for a National Dropout Prevention Center for Students 
with Disabilities. The Center was funded under the Technical Assistance 
and Dissemination to Improve Services and Results for Children with 
Disabilities (TA&D) program, authorized under section 663 of the 
Individuals with Disabilities Education Act (IDEA). Its purpose is to 
provide States and local educational agencies (LEAs) with technical 
assistance (TA) on (1) Implementing and evaluating effective 
comprehensive dropout prevention, reentry, and school completion models 
and practices for students with disabilities; (2) developing and 
improving data collection systems to track students at risk of dropping 
out; and (3) designing training for policymakers, administrators, and 
practitioners that will help them support efforts to improve dropout 
prevention, reentry, and school completion for students with 
disabilities.
    Based on the selection criteria published in the 2008 notice 
inviting applications, the Department made one award for a period of 60 
months to Clemson University to establish the Center, which is 
currently known as the National Dropout Prevention Center for Students 
with Disabilities. The Center has the following four interrelated goals 
that reflect its overarching purpose:
     Goal 1: Increase the awareness of policymakers, 
administrators, and practitioners about dropout prevention, reentry, 
and school completion.
     Goal 2: Increase the number of States that set and meet 
reasonable and rigorous performance targets for State Performance Plan 
Indicators 1 \1\ and 2.\2\
---------------------------------------------------------------------------

    \1\ Indicator 1: Percent of youth with individualized education 
programs (IEPs) graduating from high school with a regular diploma 
(20 U.S.C. 1416 (a)(3)(A)).
    \2\ Indicator 2: Percent of youth with IEPs dropping out of high 
school (20 U.S.C. 1416 (a)(3)(A)).
---------------------------------------------------------------------------

     Goal 3: Help State educational agencies (SEAs) and LEAs 
develop and improve data systems to track students at risk of dropping 
out.
     Goal 4: Help SEAs and LEAs implement and evaluate 
effective comprehensive school-completion models, practices, and 
systems for students with disabilities.
    The Center works to accomplish these goals through a combination of 
the following: (1) Knowledge development activities to synthesize what 
is currently known about dropout prevention for students with 
disabilities and to develop a series of high-quality products that can 
be used by States in designing and developing effective dropout 
prevention programs; (2) TA to SEAs, LEAs, and organizations to 
increase their capacity to design and implement effective dropout 
prevention, reentry, and school completion models and practices; (3) 
collaboration with a variety of organizations that provide direct 
program services and TA to education agencies that provide educational 
programs and services to students with disabilities in order to prepare 
and disseminate information and materials that will increase the 
awareness and use of research-validated practices by a variety of 
audiences; and (4) dissemination of knowledge and information about 
effective dropout prevention programs, policies, and resources to SEAs 
and LEAs.
    The Center's current project period is scheduled to end on 
September 30, 2013. We do not believe that it would be in the public 
interest to run a competition for a new Center this year because the 
Department is planning to change the organization of its TA activities 
to better meet the needs of States and LEAs for TA relating to 
transition to college and the workforce, including dropout prevention, 
for students with disabilities. We also have concluded that it would be 
contrary to the public interest to have a lapse in the provision of TA 
services currently provided by the Center pending the changes to the 
organization of the Department's TA activities. For these reasons, the 
Secretary waives the requirements in 34 CFR 75.250, which prohibit 
project periods exceeding five years, and waives the requirements in 34 
CFR 75.261(a) and (c)(2), which limit the extension of a project period 
if the extension involves the obligation of additional Federal funds. 
The waiver allows the Department to issue a continuation award in the 
amount of $665,000 to Clemson University (H326W080003) for an 
additional 12-month period, which should ensure that the Center's TA, 
training, and dissemination of information to families, SEAs, LEAs, and 
other State agencies will not be interrupted.
    Any activities to be carried out during the year of the 
continuation award must be consistent with, or be a logical extension 
of, the scope, goals, and objectives of the grantee's application as 
approved in the 2008 National Dropout Prevention Center for Students 
with Disabilities competition.
    The requirements applicable to continuation awards for this 
competition, set forth in the June 23, 2008, notice inviting 
applications, and the requirements in 34 CFR 75.253 apply to any 
continuation awards sought by the current National Dropout Prevention 
Center for Students with Disabilities grantee. We base our decisions 
regarding a continuation award on the program narrative, budget, budget 
narrative, and program performance report submitted by the current 
grantee, and the requirements in 34 CFR 75.253.

Waiver of Delayed Effective Date

    The Administrative Procedure Act requires that a substantive rule 
must be published at least 30 days before its effective date, except as 
otherwise provided for good cause (5 U.S.C. 553(d)(3)). We received no 
substantive comments on the proposed waiver and extension of project 
period, and we have not made any substantive changes to the proposed 
waiver and extension of project period. The Secretary has made a 
determination to waive the delayed effective date to ensure provision 
of TA services currently provided by the Center pending the changes to 
the organization of the Department's TA activities.

Regulatory Flexibility Act Certification

    The Secretary certifies that this waiver and extension of the 
project period would not have a significant economic impact on a 
substantial number of small entities.
    The only entity that would be affected by this waiver and extension 
of the project period is the current grantee.
    The Secretary certifies that this waiver and final extension would 
not have a significant economic impact on this entity because the 
extension of an existing project imposes minimal compliance costs, and 
the activities

[[Page 33230]]

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 early notification of our 
specific plans and actions for this program.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the contact person listed 
under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: 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 via the Federal Digital System 
at: www.gpo.gov/fdsys. 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 Adobe 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.

    Dated: May 29, 2013.
Michael Yudin,
Delegated the authority to perform the functions and duties of the 
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2013-13070 Filed 6-3-13; 8:45 am]
BILLING CODE 4000-01-P
```