83 FR 3336 - Proposed Waiver and Extension of the Project Period; DC Opportunity Scholarship Program

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 16 (January 24, 2018)

Page Range		3336-3338
FR Document		2018-01307

For projects funded under the DC Opportunity Scholarship Program (OSP), the Secretary proposes to waive the requirements of the Education Department General Administrative Regulations that generally prohibit project period extensions involving the obligation of additional Federal funds. A waiver would allow the three-year grant funded with fiscal year (FY) 2015 funds under the OSP to be continued beyond its original project period with FY 2018 and FY 2019 funds.

Federal Register, Volume 83 Issue 16 (Wednesday, January 24, 2018)

[Federal Register Volume 83, Number 16 (Wednesday, January 24, 2018)]
[Notices]
[Pages 3336-3338]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01307]


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DEPARTMENT OF EDUCATION

[ED-2018-OII-0003]


Proposed Waiver and Extension of the Project Period; DC 
Opportunity Scholarship Program

AGENCY: Office of Innovation and Improvement, Department of Education.

ACTION: Proposed waiver and extension of the project period.

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Catalog of Federal Domestic Assistance (CFDA) Number: 84.370A]

SUMMARY: For projects funded under the DC Opportunity Scholarship 
Program (OSP), the Secretary proposes to waive the requirements of the 
Education Department General Administrative Regulations that generally 
prohibit project period extensions involving the obligation of 
additional Federal funds. A waiver would allow the three-year grant 
funded with fiscal year (FY) 2015 funds under the OSP to be continued 
beyond its original project period with FY 2018 and FY 2019 funds.

DATES: The Department must receive your comments on or before February 
23, 2018.

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

[[Page 3337]]

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 ``Help.''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about this proposed waiver and extension 
of the project period, address them to Justis Tuia, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 4W251, 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: Anna Hinton, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 4W229, Washington, DC 20202. 
Telephone: (202) 260-1816 or by 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: The Department invites you to submit 
comments regarding this proposed waiver and extension of the project 
period.
    During and after the comment period, you may inspect all public 
comments about this proposed waiver and extension by accessing 
Regulations.gov. You may also inspect all public comments about this 
proposal in Room 4W229, 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, the Department 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 notice. If you want 
to schedule an appointment for this type of aid, please contact the 
person listed under FOR FURTHER INFORMATION CONTACT.

Background

    On February 23, 2015, the Department of Education (Department) 
published in the Federal Register (80 FR 9448) a notice inviting 
applications (2015 NIA) for a new award for FY 2015 under the OSP.
    The OSP provides low-income students residing in Washington, DC 
with an opportunity to receive a scholarship to attend a participating 
private school of their choice. The OSP was established in 2004 under 
the DC School Choice Incentive Act. In 2011, Congress reauthorized the 
OSP through FY 2016 under the Scholarships for Opportunity and Results 
Act (SOAR Act) (Pub. L. 112-10); and, in FY 2017, the SOAR Act was 
reauthorized through FY 2019 by the FY 2017 Consolidated Appropriations 
Act (Pub. L. 115-31).
    Under the SOAR Act, the Department awards one grant to an eligible 
applicant to administer the OSP. The grant awarded is in the form of a 
cooperative agreement between the Department and the grantee. The 
grantee is required to recruit and make scholarship awards to eligible 
scholarship applicants; support and serve scholarship students and 
their families in making school choice decisions; identify and work 
with participating schools; monitor compliance of participating schools 
with program and reporting requirements; maintain reliable data 
regarding the operation of the program; and ensure appropriate 
coordination with the other entities that conduct activities related to 
program operations. The SOAR Act also provides for a performance period 
of up to five years for the OSP grant award.
    The current OSP grantee was awarded with a three-year grant from 
October 1, 2015 to September 30, 2018. The Department would typically 
conduct a new grant competition in FY 2018.

Proposed Waiver of 34 CFR 75.261(a) and (c)(2)

    The Department seeks to extend the period of performance of the 
existing OSP grant for up to two more years and waive the provisions of 
34 CFR 75.261(a) and (c)(2) so that the current grantee may continue to 
receive additional funds to serve students in FY 2018 and FY 2019. The 
Department proposes this waiver based primarily on four factors. First, 
extending the current grantee's project would create stability and 
continuity as the program enters the final two years of the current 
SOAR Act authorization. Second, few organizations are eligible for and 
have the capacity to administer this program, which is evident by the 
small number of eligible applications that have been submitted under 
past OSP competitions. Third, extending the current grantee's project 
would permit the current grantee to fully implement the new recruitment 
and marketing strategies designed to significantly increase scholarship 
usage rates. The Department believes it is unlikely that a new program 
administrator could expeditiously and effectively implement the newly 
designed outreach efforts of the current grantee. Fourth, extending the 
current grantee's project would align the next OSP competition with the 
next anticipated reauthorization of the SOAR Act. Accordingly, the 
Department does not believe it would be in the public interest to hold 
a competition for a new OSP administrator before FY 2020.
    If this proposed waiver becomes final through a notice of final 
waiver and extension of the project period published in the Federal 
Register--
     Any activities carried out during the extended project 
period 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 2015 competition;
     The requirements applicable to continuation awards for 
this competition set forth in the 2015 NIA and the requirements in 34 
CFR 75.253 would apply to any continuation award sought by the current 
grantee. We will base our decision regarding a continuation award on 
the program narrative, budget, budget narrative, and program 
performance report submitted by the current grantee for FY 2018, and 
the requirements in 34 CFR 75.253; and
     The Department would not announce a new competition or 
make a new award under the OSP in FY 2018 or FY 2019.
    The proposed waiver and project period extension would not exempt 
the current OSP grantee from the account-closing provisions of 31 
U.S.C. 1552(a).

Regulatory Flexibility Act Certification

    The Secretary certifies that the proposed waiver and extension and 
the activities required to support additional months of funding would 
not have a significant economic impact on a substantial number of small 
entities.
    The small entity that would be affected by this proposed waiver and 
extension is the FY 2015 grantee, the non-profit organization currently 
receiving Federal funds under the OSP. The proposed waiver and 
extension would not have a significant economic impact on this entity 
because the

[[Page 3338]]

activities required to support the additional year(s) of funding would 
not impose excessive regulatory burdens or require unnecessary Federal 
supervision. The waiver 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 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 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 this 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: January 18, 2018.
Margo K. Anderson,
Acting Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 2018-01307 Filed 1-23-18; 8:45 am]
 BILLING CODE 4000-01-P

Federal Register / Vol. 83, No. 16 / Wednesday, January 24, 2018 / Notices 3337

duplicate copies, please submit your this type of aid, please contact the organizations are eligible for and have
comments only once. In addition, please person listed under FOR FURTHER the capacity to administer this program,
include the Docket ID at the top of your INFORMATION CONTACT. which is evident by the small number
comments. of eligible applications that have been
Background
• Federal eRulemaking Portal: Go to submitted under past OSP competitions.
www.regulations.gov to submit your On February 23, 2015, the Department Third, extending the current grantee’s
comments electronically. Information of Education (Department) published in project would permit the current grantee
on using Regulations.gov, including the Federal Register (80 FR 9448) a to fully implement the new recruitment
instructions for accessing agency notice inviting applications (2015 NIA) and marketing strategies designed to
documents, submitting comments, and for a new award for FY 2015 under the significantly increase scholarship usage
viewing the docket, is available on the OSP. rates. The Department believes it is
site under ‘‘Help.’’ The OSP provides low-income unlikely that a new program
• Postal Mail, Commercial Delivery, students residing in Washington, DC administrator could expeditiously and
or Hand Delivery: If you mail or deliver with an opportunity to receive a effectively implement the newly
your comments about this proposed scholarship to attend a participating designed outreach efforts of the current
waiver and extension of the project private school of their choice. The OSP grantee. Fourth, extending the current
period, address them to Justis Tuia, U.S. was established in 2004 under the DC grantee’s project would align the next
Department of Education, 400 Maryland School Choice Incentive Act. In 2011, OSP competition with the next
Avenue SW, Room 4W251, Washington, Congress reauthorized the OSP through anticipated reauthorization of the SOAR
DC 20202. FY 2016 under the Scholarships for Act. Accordingly, the Department does
Privacy Note: The Department’s Opportunity and Results Act (SOAR not believe it would be in the public
policy is to make all comments received Act) (Pub. L. 112–10); and, in FY 2017, interest to hold a competition for a new
from members of the public available for the SOAR Act was reauthorized through OSP administrator before FY 2020.
public viewing in their entirety on the FY 2019 by the FY 2017 Consolidated If this proposed waiver becomes final
Federal eRulemaking Portal at Appropriations Act (Pub. L. 115–31). through a notice of final waiver and
www.regulations.gov. Therefore, Under the SOAR Act, the Department extension of the project period
commenters should be careful to awards one grant to an eligible applicant published in the Federal Register—
include in their comments only to administer the OSP. The grant • Any activities carried out during
information that they wish to make awarded is in the form of a cooperative the extended project period would have
publicly available. agreement between the Department and to be consistent with, or a logical
the grantee. The grantee is required to extension of, the scope, goals, and
FOR FURTHER INFORMATION CONTACT:
recruit and make scholarship awards to objectives of the grantee’s application as
Anna Hinton, U.S. Department of
eligible scholarship applicants; support approved in the 2015 competition;
Education, 400 Maryland Avenue SW,
Room 4W229, Washington, DC 20202.
and serve scholarship students and their • The requirements applicable to
families in making school choice continuation awards for this
Telephone: (202) 260–1816 or by email:
decisions; identify and work with competition set forth in the 2015 NIA
anna.hinton@ed.gov.
participating schools; monitor and the requirements in 34 CFR 75.253
If you use a telecommunications
compliance of participating schools would apply to any continuation award
device for the deaf (TDD) or a text
with program and reporting sought by the current grantee. We will
telephone (TTY), call the Federal Relay
requirements; maintain reliable data base our decision regarding a
Service (FRS), toll free, at 1–800–877–
regarding the operation of the program; continuation award on the program
8339.
and ensure appropriate coordination narrative, budget, budget narrative, and
SUPPLEMENTARY INFORMATION: with the other entities that conduct program performance report submitted
Invitation to Comment: The activities related to program operations. by the current grantee for FY 2018, and
Department invites you to submit The SOAR Act also provides for a the requirements in 34 CFR 75.253; and
comments regarding this proposed performance period of up to five years • The Department would not
waiver and extension of the project for the OSP grant award. announce a new competition or make a
period. The current OSP grantee was awarded new award under the OSP in FY 2018
During and after the comment period, with a three-year grant from October 1, or FY 2019.
you may inspect all public comments 2015 to September 30, 2018. The The proposed waiver and project
about this proposed waiver and Department would typically conduct a period extension would not exempt the
extension by accessing Regulations.gov. new grant competition in FY 2018. current OSP grantee from the account-
You may also inspect all public closing provisions of 31 U.S.C. 1552(a).
comments about this proposal in Room Proposed Waiver of 34 CFR 75.261(a)
4W229, 400 Maryland Avenue SW, and (c)(2) Regulatory Flexibility Act Certification
Washington, DC, between the hours of The Department seeks to extend the The Secretary certifies that the
8:30 a.m. and 4:00 p.m., Washington, period of performance of the existing proposed waiver and extension and the
DC time, Monday through Friday of OSP grant for up to two more years and activities required to support additional
each week except Federal holidays. waive the provisions of 34 CFR months of funding would not have a
Assistance to Individuals With 75.261(a) and (c)(2) so that the current significant economic impact on a
Disabilities in Reviewing the grantee may continue to receive substantial number of small entities.
Rulemaking Record: On request, the additional funds to serve students in FY The small entity that would be
daltland on DSKBBV9HB2PROD with NOTICES

Department will provide an appropriate 2018 and FY 2019. The Department affected by this proposed waiver and
accommodation or auxiliary aid to an proposes this waiver based primarily on extension is the FY 2015 grantee, the
individual with a disability who needs four factors. First, extending the current non-profit organization currently
assistance to review the comments or grantee’s project would create stability receiving Federal funds under the OSP.
other documents in the public and continuity as the program enters the The proposed waiver and extension
rulemaking record for this notice. If you final two years of the current SOAR Act would not have a significant economic
want to schedule an appointment for authorization. Second, few impact on this entity because the

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Document Created: 2018-10-26 09:59:31
Document Modified: 2018-10-26 09:59:31

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		Notices
Action		Proposed waiver and extension of the project period.
Dates		The Department must receive your comments on or before February 23, 2018.
Contact		Anna Hinton, U.S. Department of Education, 400 Maryland Avenue SW, Room 4W229, Washington, DC 20202. Telephone: (202) 260-1816 or by email: [email protected]
FR Citation		83 FR 3336