82 FR 11870 - Proposed Waiver and Extension of the Project Period for the National Individuals With Disabilities Education Act (IDEA) Technical Assistance Center on Early Childhood Longitudinal Data Systems

DEPARTMENT OF EDUCATION

Federal Register Volume 82, Issue 37 (February 27, 2017)

Page Range		11870-11871
FR Document		2017-03810

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. We take this action because this proposed waiver and extension of the project period would enable the current National IDEA Technical Assistance Center on Early Childhood Longitudinal Data Systems (Center), currently funded under the Technical Assistance on State Data Collection Program, to receive funding from October 1, 2017, through September 30, 2018.

Federal Register, Volume 82 Issue 37 (Monday, February 27, 2017)

[Federal Register Volume 82, Number 37 (Monday, February 27, 2017)]
[Proposed Rules]
[Pages 11870-11871]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03810]



[[Page 11870]]

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DEPARTMENT OF EDUCATION

34 CFR Chapter III


Proposed Waiver and Extension of the Project Period for the 
National Individuals With Disabilities Education Act (IDEA) Technical 
Assistance Center on Early Childhood Longitudinal Data Systems

[Catalog of Federal Domestic Assistance (CFDA) Number: 84.373Z.]

AGENCY: Office of Special Education Programs (OSEP), Office of Special 
Education and Rehabilitative Services (OSERS), Department of Education.

ACTION: Proposed waiver and extension of the project period.

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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. We 
take this action because this proposed waiver and extension of the 
project period would enable the current National IDEA Technical 
Assistance Center on Early Childhood Longitudinal Data Systems 
(Center), currently funded under the Technical Assistance on State Data 
Collection Program, to receive funding from October 1, 2017, through 
September 30, 2018.

DATES: We must receive your comments on or before March 29, 2017.

ADDRESSES: Address all comments about this proposed waiver and 
extension of the project period to Meredith Miceli, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5130, Potomac Center Plaza, 
Washington, DC 20202-5108.
    If you prefer to send your comments by email, use the following 
address: [email protected]. You must include the phrase ``Proposed 
waiver and extension of the project period'' in the subject line of 
your message.

FOR FURTHER INFORMATION CONTACT: Meredith Miceli. Telephone: (202) 245-
6028, 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:
    Invitation to Comment: We invite you to submit comments regarding 
this proposed waiver and extension. During and after the comment 
period, you may inspect all public comments about this proposed waiver 
and extension of the project period in Room 5130, 550 12th Street 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 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 August 8, 2012, the Department of Education (Department) 
published in the Federal Register (77 FR 47501) a notice inviting 
applications (2012 NIA) for a new award for fiscal year (FY) 2012 for 
one national technical assistance (TA) center. The National IDEA 
Technical Assistance Center on Early Childhood Longitudinal Data 
Systems was funded under the Technical Assistance on State Data 
Collection Program, authorized under section 611(c)(1) of the IDEA.
    The purpose of the Center is to provide TA to States on the 
development and enhancement of statewide early childhood longitudinal 
data systems to improve States' capacity to collect, analyze, and 
report high-quality data required under sections 616 and 618 of IDEA. 
This Center provides TA to States on developing or enhancing statewide 
early childhood longitudinal data systems that horizontally link child-
level data on infants, toddlers, and young children with disabilities 
(birth through age 5) in different early learning data systems 
(including those developed with funding provided by the Department's 
Race to the Top--Early Learning Challenge program); vertically link 
these child-level data to statewide longitudinal data systems (SLDS) 
for school-aged children (including those developed with funding 
provided by the Department's SLDS program); and meet the data system 
capabilities and elements described under paragraph (b) in the 
Technical Assistance and Dissemination Activities section of the 2012 
NIA. These statewide early childhood longitudinal data systems should 
allow States to:
    (a) Accurately and efficiently respond to IDEA-related data 
submission requirements (e.g., IDEA sections 616 and 618 requirements);
    (b) Continuously improve processes for defining, acquiring, and 
validating the data; and
    (c) Comply with applicable Federal, State, and local privacy laws, 
including the applicable requirements of the Family Educational Rights 
and Privacy Act and privacy requirements in parts B and C of the IDEA.
    The TA provided by the Center focuses on building the State's 
capacity to report high-quality data to meet IDEA reporting 
requirements and is conducted in coordination with other SLDS work 
being conducted in the State.
    Based on the selection criteria published in the 2012 NIA, the 
Department made one award for a period of 60 months to SRI 
International. The project period for the current Center is scheduled 
to end on September 30, 2017. The Center will continue to provide TA to 
States to support IDEA Part C and Part B preschool State programs' 
participation in the development or enhancement of integrated early 
childhood data systems. The Center will continue to:
    (a) Generate useful products for State agencies that administer the 
IDEA part C and part B preschool program to use in the development and 
enhancement of State integrated early childhood data systems with 
linkages to the SLDS;
    (b) Design and implement a continuum of TA services for State IDEA 
part C and part B preschool staff and other staff, employing strategies 
that are supported by evidence, useful, and cost-effective; and
    (c) Provide national leadership and coordination around IDEA part C 
and part B preschool data systems and their inclusion in integrated 
early childhood and longitudinal State efforts to ensure efficiency and 
effectiveness of Federal and State resources.
    We do not believe that it would be in the public interest to run a 
competition for a new Center at this time for a number of reasons.
    First, extending the Center would ensure uninterrupted TA services 
in critically needed areas currently provided to States by the Center. 
We have concluded that it is not in the public interest to have a lapse 
in the resources currently provided by the Center because States have 
begun emerging work on data systems and need the Center to continue as 
a TA resource during this critical juncture. States need ongoing expert 
TA and support as they implement and coordinate data horizontally 
across different early childhood programs, especially in light of 
recent guidance and resources on early childhood data

[[Page 11871]]

systems issued by both the Department and the Department of Health and 
Human Services (HHS). The Department recently highlighted the emerging 
work of States in The Integration of Early Childhood Data: State 
Profiles and Report from the U.S. Departments of Health and Human 
Services and Education.\1\ In addition, the Department provided 
guidance on privacy requirements under parts C and B of the IDEA and 
the Family Educational Rights and Privacy Act in Understanding the 
Confidentiality Requirements Applicable to IDEA Early Childhood 
Programs Frequently Asked Questions,\2\ and the Center provided TA to 
States on this guidance through a webinar and other resources. Finally, 
HHS issued new data-related regulations through its 2016 Head Start 
Performance Standards (45 CFR 1303 Subpart C) and the Child Care 
Development Fund (45 CFR part 98), and these regulations support the 
existing efforts of many States to develop or enhance early childhood 
data systems.
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    \1\ Document available online at: http://www2.ed.gov/about/inits/ed/earlylearning/files/integration-of-early-childhood-data.pdf.
    \2\ Document available online at: http://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/idea-confidentiality-requirements-faq.pdf.
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    Second, running a competition for a new Center for early childhood 
data would not be timely this year because the Center currently 
coordinates extensively with the work of the Technical Assistance on 
State Data Collection Program to more efficiently and effectively meet 
the vertical data coordination needs of States for serving children 
with disabilities from birth through age 21. An extension of the 
current grantee's project would align the end of the current Center's 
project period with the expiration of the project period for the 
technical assistance data center that assists States with data for 
school-aged children, namely the National Technical Assistance Center 
to Improve State Capacity to Accurately Collect and Report IDEA Data 
(CFDA number 84.373Y), and allow the Department to better coordinate 
overall its Technical Assistance on State Data Collection Program and 
ensure continued vertical data coordination for another year.
    For these reasons, 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 allow 
the extension of a project period only if the extension does not 
involve the obligation of additional Federal funds. The waiver would 
allow the Department to issue a one-time FY 2017 continuation award of 
$6,500,000 to the Center originally funded in FY 2012.
    Any activities carried out during the year of this continuation 
award would have to be consistent with, or a logical extension of, the 
scope, goals, and objectives of the grantee's application as approved 
in the 2012 competition. The requirements for continuation awards are 
set forth in the 2012 NIA and 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 grantee and any other potential applicants.
    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: 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 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: February 22, 2017.
Ruth E. Ryder,
Delegated the duties of the Assistant Secretary for Special Education 
and Rehabilitative Services.
[FR Doc. 2017-03810 Filed 2-24-17; 8:45 am]
 BILLING CODE 4000-01-P

11870 Federal Register / Vol. 82, No. 37 / Monday, February 27, 2017 / Proposed Rules

DEPARTMENT OF EDUCATION the hours of 8:30 a.m. and 4:00 p.m., (b) Continuously improve processes
Washington, DC time, Monday through for defining, acquiring, and validating
34 CFR Chapter III Friday of each week, except Federal the data; and
holidays. (c) Comply with applicable Federal,
Proposed Waiver and Extension of the State, and local privacy laws, including
Project Period for the National Assistance to Individuals with
Disabilities in Reviewing the the applicable requirements of the
Individuals With Disabilities Education Family Educational Rights and Privacy
Act (IDEA) Technical Assistance Rulemaking Record: On request, we will
Act and privacy requirements in parts B
Center on Early Childhood provide an appropriate accommodation
and C of the IDEA.
Longitudinal Data Systems or auxiliary aid to an individual with a The TA provided by the Center
disability who needs assistance to focuses on building the State’s capacity
[Catalog of Federal Domestic Assistance review the comments or other
(CFDA) Number: 84.373Z.] to report high-quality data to meet IDEA
documents in the public rulemaking reporting requirements and is
AGENCY: Office of Special Education record for this proposed waiver and conducted in coordination with other
Programs (OSEP), Office of Special extension. If you want to schedule an SLDS work being conducted in the
Education and Rehabilitative Services appointment for this type of aid, please State.
(OSERS), Department of Education. contact the person listed under FOR Based on the selection criteria
ACTION: Proposed waiver and extension FURTHER INFORMATION CONTACT. published in the 2012 NIA, the
of the project period. Department made one award for a
Background
SUMMARY: The Secretary proposes to period of 60 months to SRI
waive the requirements in the Education On August 8, 2012, the Department of International. The project period for the
Department General Administrative Education (Department) published in current Center is scheduled to end on
Regulations that generally prohibit the Federal Register (77 FR 47501) a September 30, 2017. The Center will
project periods exceeding five years and notice inviting applications (2012 NIA) continue to provide TA to States to
project period extensions involving the for a new award for fiscal year (FY) 2012 support IDEA Part C and Part B
obligation of additional Federal funds. for one national technical assistance preschool State programs’ participation
We take this action because this (TA) center. The National IDEA in the development or enhancement of
proposed waiver and extension of the Technical Assistance Center on Early integrated early childhood data systems.
project period would enable the current Childhood Longitudinal Data Systems The Center will continue to:
National IDEA Technical Assistance was funded under the Technical (a) Generate useful products for State
Center on Early Childhood Longitudinal Assistance on State Data Collection agencies that administer the IDEA part
Data Systems (Center), currently funded Program, authorized under section C and part B preschool program to use
under the Technical Assistance on State 611(c)(1) of the IDEA. in the development and enhancement of
Data Collection Program, to receive The purpose of the Center is to State integrated early childhood data
funding from October 1, 2017, through provide TA to States on the systems with linkages to the SLDS;
development and enhancement of (b) Design and implement a
September 30, 2018.
statewide early childhood longitudinal continuum of TA services for State
DATES: We must receive your comments IDEA part C and part B preschool staff
on or before March 29, 2017. data systems to improve States’ capacity
to collect, analyze, and report high- and other staff, employing strategies that
ADDRESSES: Address all comments about are supported by evidence, useful, and
this proposed waiver and extension of quality data required under sections 616
and 618 of IDEA. This Center provides cost-effective; and
the project period to Meredith Miceli, (c) Provide national leadership and
U.S. Department of Education, 400 TA to States on developing or
coordination around IDEA part C and
Maryland Avenue SW., Room 5130, enhancing statewide early childhood
part B preschool data systems and their
Potomac Center Plaza, Washington, DC longitudinal data systems that
inclusion in integrated early childhood
20202–5108. horizontally link child-level data on
and longitudinal State efforts to ensure
If you prefer to send your comments infants, toddlers, and young children
efficiency and effectiveness of Federal
by email, use the following address: with disabilities (birth through age 5) in
and State resources.
Meredith.Miceli@ed.gov. You must different early learning data systems We do not believe that it would be in
include the phrase ‘‘Proposed waiver (including those developed with the public interest to run a competition
and extension of the project period’’ in funding provided by the Department’s for a new Center at this time for a
the subject line of your message. Race to the Top—Early Learning number of reasons.
FOR FURTHER INFORMATION CONTACT: Challenge program); vertically link these First, extending the Center would
Meredith Miceli. Telephone: (202) 245– child-level data to statewide ensure uninterrupted TA services in
6028, or by email at: Meredith.Miceli@ longitudinal data systems (SLDS) for critically needed areas currently
ed.gov. school-aged children (including those provided to States by the Center. We
If you use a telecommunications developed with funding provided by the have concluded that it is not in the
device for the deaf or a text telephone, Department’s SLDS program); and meet public interest to have a lapse in the
call the Federal Relay Service, toll free, the data system capabilities and resources currently provided by the
at 1–800–877–8339. elements described under paragraph (b) Center because States have begun
SUPPLEMENTARY INFORMATION:
in the Technical Assistance and emerging work on data systems and
jstallworth on DSK7TPTVN1PROD with PROPOSALS

Invitation to Comment: We invite you Dissemination Activities section of the need the Center to continue as a TA
to submit comments regarding this 2012 NIA. These statewide early resource during this critical juncture.
proposed waiver and extension. During childhood longitudinal data systems States need ongoing expert TA and
and after the comment period, you may should allow States to: support as they implement and
inspect all public comments about this (a) Accurately and efficiently respond coordinate data horizontally across
proposed waiver and extension of the to IDEA-related data submission different early childhood programs,
project period in Room 5130, 550 12th requirements (e.g., IDEA sections 616 especially in light of recent guidance
Street SW., Washington, DC, between and 618 requirements); and resources on early childhood data

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Document Created: 2017-02-25 01:05:49
Document Modified: 2017-02-25 01:05:49

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed waiver and extension of the project period.
Dates		We must receive your comments on or before March 29, 2017.
Contact		Meredith Miceli. Telephone: (202) 245- 6028, or by email at: [email protected]
FR Citation		82 FR 11870