80 FR 44335 - Final Waiver and Extension of the Project Period; Territories and Freely Associated States Education Grant Program

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 143 (July 27, 2015)

For the 36-month projects funded in fiscal year (FY) 2012 under the Territories and Freely Associated States Education Grant (T&FASEG) program, the Secretary waives the requirement that prohibits the extension of project periods involving the obligation of additional Federal funds. The Secretary also extends the project period of these grants for up to an additional 24 months. The waiver and extension enables the five current T&FASEG grantees to continue to receive Federal funding annually for project periods through FY 2016 and possibly through FY 2017. In addition, during this period, the Pacific Regional Educational Laboratory (Pacific REL) will continue to receive funds set aside for technical assistance under the T&FASEG program. Further, the waiver and extension mean that we will not announce a new competition or make new awards in FY 2015.

[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Notices]
[Pages 44335-44337]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18414]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2015-OESE-0047]


Final Waiver and Extension of the Project Period; Territories and 
Freely Associated States Education Grant Program

[Catalog of Federal Domestic Assistance (CFDA) Number: 84.256A.]

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Final waiver and extension of the project period.

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SUMMARY: For the 36-month projects funded in fiscal year (FY) 2012 
under the Territories and Freely Associated States Education Grant 
(T&FASEG) program, the Secretary waives the requirement that prohibits 
the extension of project periods involving the obligation of additional 
Federal funds. The Secretary also extends the project period of these 
grants for up to an additional 24 months. The waiver and extension 
enables the five current T&FASEG grantees to continue to receive 
Federal funding annually for project periods through FY 2016 and 
possibly through FY 2017. In addition, during this period, the Pacific 
Regional Educational Laboratory (Pacific REL) will continue to receive 
funds set aside for technical assistance under the T&FASEG program. 
Further, the waiver and extension mean that we will not announce a new 
competition or make new awards in FY 2015.

DATES: The waiver and extension of the project period are effective 
July 27, 2015.

[[Page 44336]]


FOR FURTHER INFORMATION CONTACT: Collette Fisher. Telephone: (202) 401-
0039 or by email at: [email protected].
    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 April 23, 2015, we published a notice in 
the Federal Register (80 FR 22729) proposing an extension of the 
project period for up to an additional 24 months and a waiver of the 
requirement in 34 CFR 75.261(c)(2) that prohibits the extension of 
project periods involving the obligation of additional Federal funds in 
order to--
    (1) Enable the five current T&FASEG grantees to continue to receive 
Federal funding annually for project periods through FY 2016 and 
possibly through FY 2017; and
    (2) Allow the Pacific REL to continue to receive funds set aside 
for technical assistance under the T&FASEG program.
    There are no substantive differences between the proposed waiver 
and extension and the final waiver and extension.

Public Comment

    In response to our invitation in the notice of proposed waiver and 
extension of the project period, we received two comments.
    Analysis of Comments and Changes: An analysis of the comments 
received in response to the proposed waiver and extension of the 
project period follows.
    Comments: The comments expressed support for the proposed waiver 
and extension of the project period. The commenters supported a 
continuation of service that allows for sustaining the work of the 
grant projects and building upon current services that have improved 
schools and local educational agency (LEA) infrastructure.
    Discussion: We appreciate the commenters' support and note the 
importance of the assistance provided by the T&FASEG program to the 
five current grantees in the U.S. Territories and the Republic of Palau 
for teacher training, curriculum development, and general school 
improvement and reform. We agree that it would be more effective to 
maintain the continuity of current projects without disruption than to 
hold a new competition at this time.
    Changes: None.

Background

    The T&FASEG program is authorized under section 1121(b) of the 
Elementary and Secondary Education Act of 1965, as amended (ESEA). 
Under this program, the Secretary is authorized to award grants, on a 
competitive basis, to LEAs in the U.S. Territories--American Samoa, the 
Commonwealth of the Northern Mariana Islands, Guam, and the U.S. Virgin 
Islands--and one eligible Freely Associated State, the Republic of 
Palau. Through these grants, the T&FASEG program supports projects to 
raise student achievement through direct educational services.
    T&FASEG program grant funds may be used for activities authorized 
under the ESEA, including teacher training, curriculum development, 
development or acquisition of instructional materials, and general 
school improvement and reform. More specifically, under the T&FASEG 
program, grant funds may be used to--
    (a) Conduct activities consistent with the programs described in 
the ESEA, including the types of activities authorized under--
    (1) Title I--Improving the Academic Achievement of the 
Disadvantaged;
    (2) Title II--Preparing, Training, and Recruiting Highly-Quality 
Teachers and Principals;
    (3) Title III--Language Instruction for Limited English Proficient 
and Immigrant Students;
    (4) Title IV--21st Century Schools; and
    (5) Title V--Promoting Informed Parental Choice and Innovative 
Programs; and
    (b) Provide direct educational services that assist all students 
with meeting challenging State academic content standards.
    In addition, section 1121(b)(3)(d) of the ESEA authorizes the 
Secretary to provide up to five percent of the amount reserved for 
T&FASEG program grants to pay the administrative costs of the Pacific 
REL, which provides technical assistance to grant recipients regarding 
the administration and implementation of their projects.
    On April 30, 2012, we published in the Federal Register (77 FR 
25452) a notice inviting applications for new awards under the FY 2012 
T&FASEG program competition (2012 Notice Inviting Applications).
    In FY 2012, the Department made three-year awards to five T&FASEG 
projects. The project period for these T&FASEG program grants is 
currently scheduled to end on September 30, 2015.
    We have concluded that it is not in the public interest to incur a 
disruption in the services associated with holding a new T&FASEG 
competition in FY 2015. Rather, it will be more effective to maintain 
the continuity of current projects by allowing grantees the opportunity 
to continue to provide high-quality direct educational services in 
support of the Secretary's priorities to students and teachers in the 
U.S. Territories and the Republic of Palau without interruption. 
Consistent with the scope, goals, and objectives of the current 
projects, grantees will continue to support initiatives on standards 
and assessments, effective teachers and leaders, and projects that are 
designed to improve student achievement or teacher effectiveness 
through the use of high-quality digital tools or materials. Such 
initiatives and projects include preparing teachers to use technology 
to improve instruction, as well as developing, implementing, and 
evaluating digital tools and materials. Moreover, we believe that a 
longer project period will better enable grantees to carry out project 
objectives and anticipate providing for longer project periods in 
future competitions. Additionally, given that all eligible applicants 
currently receive grant awards under the T&FASEG program, this waiver 
and extension will have limited impact on those entities.
    For these reasons, for the five current T&FASEG grant recipients, 
the Secretary waives the requirement in 34 CFR 75.261(c)(2), which 
prohibits the extension of project periods involving the obligation of 
additional Federal funds, and extends the project period for these 
grant recipients for up to 24 months. This will allow the grantees to 
continue to receive Federal funding annually for project periods 
through FY 2016 and possibly FY 2017.
    We will fund the extended project period by using funds Congress 
appropriates under the current statutory authority, including FY 2014 
funds available for awards made in FY 2015 and, if the grants are 
extended for two years, FY 2015 funds available for awards made in FY 
2016.
    Under this waiver and extension of the project period--
    (1) Current grantees will be authorized to receive T&FASEG 
continuation awards annually for up to two years through FY 2017;
    (2) We will not announce a new T&FASEG competition or make new 
T&FASEG grant awards in FY 2015;
    (3) During the extension period, any activities carried out would 
be consistent with, or a logical extension of, the scope, goals, and 
objectives of each grantee's approved application from the 2012 T&FASEG 
program competition;
    (4) The requirements established in the program regulations and the 
2012 Notice Inviting Applications will continue to apply to each 
grantee that receives a continuation award; and

[[Page 44337]]

    (5) All requirements applicable to continuation awards for current 
T&FASEG grantees and the requirements in 34 CFR 75.253 will apply to 
any continuation awards received by current T&FASEG grantees.
    We will make decisions regarding annual continuation awards based 
on grantee performance as demonstrated through program narratives, 
budgets and budget narratives, and performance reports, and based on 
the regulations in 34 CFR 75.253. We intend to award continuation 
grants based on information provided to us annually by each grantee, 
indicating that it is making substantial progress performing its 
T&FASEG program activities based on substantial performance and 
progress.

Regulatory Flexibility Act Certification

    The Secretary certifies that the waiver and extension and the 
activities required to support additional years of funding will not 
have a significant economic impact on a substantial number of small 
entities. The only entities that will be affected by this waiver and 
extension are the five current T&FASEG program grantees receiving 
Federal funds. There are no other potential applicants.
    The Secretary certifies that this waiver and extension will not 
have a significant economic impact on these entities because the 
extension of an existing project imposes minimal compliance costs, and 
the activities required to support the additional years of funding will 
not impose additional regulatory burdens or require unnecessary Federal 
supervision.

Paperwork Reduction Act of 1995

    This waiver and extension 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.thefederalregister.org/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.
    Delegation of Authority: The Secretary of Education has delegated 
authority to Ann Whalen, Senior Advisor to the Secretary, to perform 
the functions and duties of the Assistant Secretary for the Office of 
Elementary and Secondary Education.

    Program Authority: 20 U.S.C. 6331.

    Dated: July 22, 2015.
Ann Whalen,
Senior Advisor to the Secretary.
[FR Doc. 2015-18414 Filed 7-24-15; 8:45 am]
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